Current through Register Vol. 54, No. 45, November 9, 2024
Section 104.75 - Accounting and payment(a)Annual production statement. The Program will provide a producer with annual production statement forms with which to verify the quantity of wine that it has produced within a particular marketing season. The producer shall provide the following information on the annual production statement and submit the form in accordance with this section. (1) The name and address of the producer.(2) The number of gallons of wine sold within the marketing season.(3) A calculation of the amount of producer charges owed the Program by the producer.(b)Deadlines. The payment of the producer charges shall be postmarked and mailed, or actually delivered to the Program, by the first day of February immediately following the previous marketing season.(c)Form of payment. Payments of producer charges shall be by check or money order made payable to the "PA Wine Marketing and Research Program."(d)Address. Payments of producer charges shall be mailed or delivered to: Department of Agriculture Bureau of Market Development Attn: Pennsylvania Wine Marketing and Research Program 2301 North Cameron Street Harrisburg, Pennsylvania 17110-9408.
(e)Penalty for failure to account or pay. Producers who fail to mail or deliver the required producer charges owed the Program within 30 days of the due date, as described in subsection (b), shall be required to pay a penalty of at least $100 but not more than $5,000, and as nearly equivalent to 100% of the amount of the delinquent producer charges as is practicable. An action seeking the imposition of a penalty, plus payment of producer charges due the Program, may be brought in the appropriate magisterial district. A penalty imposed shall be in addition to the delinquent producer charges owed the Program. This section cited in 7 Pa. Code § 104.74 (relating to responsibility for payment of producer charge); and 40 Pa. Code §5.409 (relating to records, receipts and reports).