31 Pa. Stat. § 700j-103

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 700j-103 - Definitions; construction

The following terms shall be construed in this act to have the following meanings, except in those instances where the context clearly indicates otherwise:

"Board" means the State agency created by this act, to be known as the "Pennsylvania Milk Board."

"Books and records" or "books or records" shall include all pertinent books, ledgers, journals, records, papers, memoranda, correspondence, vouchers, bills, receipts, cancelled checks, accounts, exhibits, photographs and other documents.

"Consumer" means any person, natural, corporate, statutory or governmental, other than a milk dealer or handler who purchases milk for consumption or use by himself or others.

"Cooperative" means a cooperative agricultural association or corporation of producers organized under the laws of this Commonwealth or of any other state and engaged in making collective sales or in the marketing of milk for producers under contract with it. A cooperative shall not be deemed a milk dealer or handler, but shall be deemed a producer, except as otherwise provided herein.

"Handle," to handle means the doing of any one or several or all of the following acts, to buy, sell, barter, acquire, store, process, consign, receive, transport, control as owner, buyer, seller, consignee, consignor, bailee, bailor, broker or factor.

"Licensee" means a licensed milk dealer or handler.

"Market" includes any county, city, borough, incorporated town, or township in the Commonwealth, or any two or more such counties, cities, boroughs, incorporated towns, or townships, or any portions thereof, or any other land within the territorial limits of the Commonwealth designated by the board as a marketing area.

"Milk" includes fluid milk and cream, fresh, sour or storage, skimmed milk, lowfat milk, flavored milk or milk drink, buttermilk, ice cream mix, and condensed or concentrated whole or skimmed milk except when contained in hermetically sealed cans.

"Milk components" means the components of milk, including butterfat and any other components, for which the prices of handlers, producers or both are established by marketing agreements or orders issued under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601, et seq.) and which the board determines by regulation are applicable to the marketing areas established under this act.

"Milk dealer" or "handler" means any person, who purchases or receives or handles on consignment or otherwise milk within the Commonwealth, for processing or manufacture and further sale, within or without the Commonwealth, whether on behalf of himself or others, or both. A producer who delivers milk to a milk dealer or handler only shall not be deemed a milk dealer or handler. If a cooperative distributes or makes available on consignment or otherwise milk within this Commonwealth to stores, as defined in this act, or to consumers, as defined in this act, or to other milk dealers or handlers, as defined in this act, or acts as an agent for its members, it shall be deemed to be a milk dealer or handler as to that part of its business, and shall be governed by the provisions of this act applicable thereto. Such cooperative shall be governed by the applicable provisions of this act as to the prices at which it sells, markets, or bargains to sell or make available on consignment or otherwise milk within this Commonwealth to milk dealers, handlers and others.

"Person" includes an individual, corporation, association, partnership, limited partnership, or other unincorporated enterprise owned or conducted by or on behalf of two or more individuals or other persons.

"Price" includes the amount paid or to be paid and the proceeds returned or to be returned, whether the transaction be one of purchase, sale, consignment, sale or return, accounting, or otherwise.

"Producer" means a person producing milk.

"Store" includes a grocery store, hotel, restaurant, soda fountain, dairy products store, or any similar mercantile establishment which sells or distributes milk.

"Subdealer" or "subhandler" means any person other than a store or controlled affiliate who handles milk within the Commonwealth and delivers all such milk to consumers, schools, institutions or stores in the same containers as those in which it was purchased.

Any reference in this act to quantity of milk shall be construed to include its whole milk equivalent.

Article or section headings shall not be construed to affect in any manner the scope or meaning of any article or section of this act.

The singular shall be construed to include the plural. The masculine shall be construed to include the feminine and the neuter, and conversely, the neuter shall be construed to include the masculine and the feminine.

31 P.S. § 700j-103

Amended by P.L. TBD 2023 No. 25,§ 2, eff. 1/5/2024.
1937, April 28, P.L. 417, art. I, § 103. Amended 1941, July 24, P.L. 443, § 1; 1965, Dec. 15, P.L. 1101, § 1; 1968, July 31, P.L. 963, No. 294, § 2; 1984, Dec. 21, P.L. 1278, No. 243, § 1, effective 1/1/1985.