Section 626.7 - Security bonds(a) Each milk dealer, as required by this act, shall file with the board a corporate surety bond or collateral bond. The bond shall be on a form prescribed by the board conditioned for the payment by the milk dealer or handler of all amounts due under this act and all other applicable Federal laws in addition to the orders of the board for milk purchased or otherwise acquired from producers by the milk dealer or handler during the license year, which payments shall be made within the time limits specified in this act or the regulations of the board and shall be upon such other terms and conditions as the board may prescribe.(b) A corporate surety bond shall be executed to the Commonwealth by the milk dealer as principal and by a corporate surety company authorized and regulated by the Commonwealth as surety. The board shall have no power to reject any corporate surety bond which is so executed by a corporate surety company authorized to do business in this Commonwealth as surety, so long as the amount of the bond is equal to or less than the amount the surety company is authorized by the Pennsylvania Insurance Commissioner to execute on a single bond without obtaining collateral security from the principal. The board may reject any bond which exceeds that amount. A collateral bond shall be executed to the Commonwealth by the milk dealer as principal, shall set forth the collateral posted with the bond and shall have attached thereto the collateral properly assigned and transferred to this Commonwealth. The collateral posted with the bond shall be cash in an equal amount of the bond or the bond shall be secured by an actual deposit with a bank, bank and trust company or national bank within the Commonwealth of money to the full amount of the bond or securities to the amount of the bond consisting of interest-bearing obligations of the Federal Government or an irrevocable letter or letters of credit for the account of the milk dealer authorizing the board to draw on a bank or a trust company or banks or trust companies located within and authorized to do business in this Commonwealth.(c) The bond shall be filed in accordance with the following:(1) Except as set forth in paragraph (2), a milk dealer shall file with the board a bond equal to a minimum of 75% of the highest aggregate amount owed by the milk dealer to all producers for a 40-day period during the preceding 12 months.(2) A vested milk dealer shall file with the board a bond in a sum equal to a minimum of 30% of the highest aggregate amount owed by the vested milk dealer to all producers for a 40-day period during the preceding 12 months.(3) A milk dealer licensed on the effective date of this paragraph, other than a vested milk dealer, may petition the board to file a bond in an amount less than that required by paragraph (1) and to participate in the security fund as a vested milk dealer under section 9 . The board shall act upon the petition within 60 days of the date of filing the petition. When considering the petition, the board shall require that the milk dealer provide adequate reason and documentation for the request and may hear testimony from all interested persons potentially affected by the request. To ensure the level of protection for producers contemplated by this act, the board shall impose such conditions as it deems appropriate, including, but not limited to, the following minimum conditions:(i) Higher per hundredweight contributions to the security fund.(ii) More frequent payments to producers.(iii) The filing of a bond greater than 30% of the highest aggregate amount owed to producers for a 40-day period during the preceding 12 months.(4) A milk dealer filing a petition under paragraph (3) may request that the board enter an order requiring that confidential financial information only be disclosed to the board. Such confidential financial information shall be deemed to have been provided to the board pursuant to section 310 of the act of April 28, 1937 (P.L.417, No.105), known as the Milk Marketing Law.(d) Milk purchased, acquired or received by a milk dealer or handler from producers outside this Commonwealth and sold or distributed by the dealer or handler as fluid milk within this Commonwealth shall be included in computing the amount of the dealer's or handler's bond, except where the dealer or handler has filed a bond or other security for the protection of the producers with the state wherein the milk is purchased, acquired or received.(e) The obligation of a surety on a bond is a separate and distinct obligation independent of any obligation incurred by the debtor.1984, July 6, P.L. 652, No. 136, § 7, imd. effective. Amended 2004, July 4, P.L. 509, No. 66, § 3, imd. effective.