Industrial Pesticide Registration
$0-25,000 sales 221 -50.00 -69,800
$25,000-75,000 sales 766 -100.00 -13,800
>$75,000 sales 2,966 -300.00 -51,000
Nonhousehold Pesticide Registration
$0-25,000 sales 226 -50.00 -347,700
$25,000-75,000 sales 796 -100.00 -46,200
>$75,000 sales 2,966 + 0.2% of sales -300.00 -145,200
TOTALS -$2,405,000 -$85,700
[Bill Sections: 712, 1937 and 1940 thru 1944]
8. AGRICULTURAL CHEMICAL CLEANUP PROGRAM
GPR-REV $1,000,000
SEG-REV - $1,000,000
GPR - $1,521,300
Governor: Reduce GPR funding for the cleanup of agrichemical spills by $1,171,300 in 1999-00 and $350,000 in 2000-2001. This amount includes $171,300 annually to make permanent the amount the Department was required to lapse under 1997 Act 27. In 1997-98, $1.5 million was spent for cleanups. Under the bill, $2,917,300 in 1999-00 and $3,738,600 in 2000-01 would be appropriated for agricultural chemical cleanup program (ACCP) grants (from GPR and SEG).
Further, transfer $500,000 from the ACCP fund to the general fund in each year of the 1999-01 biennium only. The ACCP fund receives revenues from industry fertilizer and pesticide license and tonnage surcharges. The ACCP fund, which also provides funding for the cleanup of agrichemical spills, had a closing balance of $11.5 million in 1997-98.
[Bill Section: 9204(2)]
9. PESTICIDE DATABASE STUDY
GPR $35,000
Governor: Provide $35,000 in 1999-00 in onetime funding for a pesticide database feasibility study. Funding would be used for a study on the feasibility of creating a database that records the level of outdoor pesticide use by farmers, other businesses, government and homeowners in the state.
10. EXPORT MARKETING
Funding Positions
GPR $600,000 2.00
PR 50,000 0.00
Total $650,000 2.00
Governor: Provide $300,000 GPR and 2.0 export consultant positions and $25,000 PR each year to restructure and expand the marketing division’s export promotion program. The Department currently has five export consultants. Of the amounts appropriated, $507,600 in the biennium would be used for supplies and services. Increased supplies funding would be used for educational materials, export publications, trade missions and a PR match for an agricultural export and statistical directory. PR and matching GPR would be used to collect data and then publish the export directory. Program revenues would come from industry contributions.
11. FEDERAL DAIRY POLICY REFORM
GPR $100,000
Governor: Provide $50,000 each year in a biennial appropriation to provide assistance to organizations to seek federal dairy price reform. Repeal the appropriation on July 1, 2001. This provision extends funding that was authorized in the 1997-99 budget for two more years.
[Bill Sections: 182, 183, 1928, 1929 and 9404(1)]
12. NURSERY REGULATIONS AND LICENSING
Funding Positions
GPR-REV - $93,800
PR-REV $213,000
GPR - $72,800 - 0.75
PR 93,000 0.00
SEG 156,000 1.75
Total $176,200 1.00
Governor: Decrease GPR by $36,400 and 0.75 staff annually and create a new, annual SEG appropriation from the forestry account of the conservation fund of $75,000 in 1999-00 and $81,000 in 2000-01 for 1.75 positions for plant protection, including nursery regulation and control of plant pests. Provide $114,600 PR in 1999-00 and $127,600 PR in 2000-01 in a new, continuing appropriation for nursery regulation and plant pest detection and control. Revenue would come from revamped nursery dealer and grower (including Christmas tree grower) license fees. Currently, license fees for nurseries generate approximately $46,900 annually for the general fund.
Repeal a PR continuing appropriation for gypsy moth eradication that was funded by a nursery grower surcharge of $20 to $90 or more depending on gross sales and acreage and a nursery dealer surcharge of $30. Transfer base authority of $74,600 and 1.0 position annually to the newly created PR appropriation. Transfer any unencumbered balance in the repealed PR appropriation to the newly created PR appropriation.
License Fees. Dealers and growers that sell less than $250 annually in nursery stock would not be required to obtain licenses. A temporary permit costing $5 would also be established to allow nonprofit organizations to sell nursery stock for no more than one week. Such organizations would not be required to hold an annual license. In addition to the fees listed in the table, an assessment equal to the license fee would be charged to all dealers and growers who in the prior year operated without a license.
Repeal current dealer license fees of $25 per business location with a $30 surcharge and nursery grower fees of $30 to $150 or more based on annual sales and number of sown acres. Rather, create the following fees, including new fees for Christmas tree growers that would be expected to generate an additional $106,500 annually:
Nursery Dealer License Fees Nursery Grower License Fees
Proposed Proposed
Annual Annual Grower Fees Grower Fees
Purchases of Proposed Sales of (non-Christmas (Christmas
Nursery Stock Dealer Fees Nursery Stock Tree Sales) Tree Sales)
$250-$5,000 $30 $250-$5,000 $40 $20
$5,000-$20,000 50 $5,000-$20,000 75 55
$20,000-$100,000 100 $20,000-$100,000 125 90
$100,000-$200,000 150 $100,000-$200,000 200 150
$200,000-$500,000 200 $200,000-$500,000 350 250
$500,000-$2,000,000 300 $500,000-$2,000,000 600 450
Over $2,000,000 400 Over $2,000,000 1,200 900
Requirements for Nursery Growers and Dealers. Licensing fees and requirements would be changed, including the annual license expiration, which would move from March 31 to February 20. Include bulbs in the definition of nursery stock. Clarify that license fees would be based on sales in the applicants' prior fiscal year. The applicant would determine the fiscal year and would base first-year fees of a new operation on predicted sales. Clarify that grower and dealer records must include the type and quantity of nursery stock shipped to other nursery growers and dealers, along with the address of the recipient. Specify that all required records be retained for at least three years.
Dealer Requirements. Specify that a dealer license is nontransferable and clarify that the applicant's name and address and the address of each of their selling locations must appear on the license application. Also, require dealers to notify DATCP of the address of any new selling location, prior to beginning such sales. Further, clarify that records must include the type and quantity of nursery stock received along with the address of the shipper. As drafted, the bill expands the definition of a nursery dealer to include all people selling for a dealer. Under current law, employes of a dealer are specifically excluded in the definition and therefore, do not have to pay a license fee. Administration officials indicate this change was not intended.
Grower Requirements. Clarify that the applicant's name and address and the address of each of their operating and selling locations must appear on the application. Also, require growers to write to DATCP the address of any new operating and selling locations prior to beginning operation. Remove the requirement that growers keep records of all nursery stock shipments received.
Labeling Requirements. Require nursery growers and nursery dealers, rather than the carrier, to report nursery stock shipments that are not fully labeled to DATCP. Under current law, it is unlawful for growers and dealers to accept uncertified shipments, but the carrier is required to report and hold uncertified shipments. As drafted, the bill would prohibit shipping improperly labeled nursery stock only to nursery dealers (not growers) and prohibit nursery dealers from accepting improperly labeled nursery stock. Administration officials indicate the Governor intended to prohibit shipping improperly labeled nursery stock to both nursery dealers and growers and to prohibit both nursery dealers and growers from accepting improperly labeled nursery stock (as under current law). The bill would repeal the current law exemption from labeling of nursery stock sold and delivered at a place of business where the license certificate is posted.
Department Powers. Allow, rather than require, DATCP to inspect nursery and distribution sites. Allow the Department to order a grower or dealer to refrain from importing certain weeds or pests. Allow DATCP to order a grower or dealer to destroy or recall nursery stock. Require DATCP to hold an informal hearing, rather than a public hearing of a contested case, within 10 days, unless the person requesting the hearing consents to a later date. If a disputed matter is not resolved at the informal hearing, the grower or dealer may demand a contested case hearing.
[Bill Sections: 187 thru 189, 1932, 1934 and 9204(1)]
13. AGRICULTURAL RESOURCE MANAGEMENT GIFTS
Governor: Allow DATCP to enter into cooperative agreements with corporations, associations, foundations and individuals to carry out plant protection activities. Create a continuing PR appropriation to accept gifts, grants and bequests for agricultural resource management to be used for the purposes specified. Under current law, gifts and grants are deposited into a similar, central administrative services appropriation. No estimate of revenues is made.
[Bill Sections: 186, 190 and 1930]
14. WEIGHTS AND MEASURES PROGRAM
PR-REV $286,000
Governor: Establish new fertilizer and feed tonnage fees of 2¢ per ton (with a minimum fee of $1) that would generate approximately $86,000 annually. These fees reflect a corresponding reduction in fertilizer and feed tonnage fees currently deposited to the agrichemical management fund.
Increase the vehicle scale operator annual license fee from $30 to $60. The fee change would generate approximately $57,000 annually. The Department would continue to have authority to establish a different fee by rule. 1997 Act 27 increased the fees from $30 to $60 for the 1997-99 biennium only.
Allow municipalities with populations over 5,000 to contract with DATCP to enforce weights and measures provisions. Allow (rather than require under current law) the Department to charge a municipality to cover the cost of the contract. Further, require that population estimates be based on the most recent estimates made by the Department of Administration rather than federal census data. Current law requires municipalities having a population of more than 5,000 to enforce weights and measures provisions, unless DATCP chooses to contract to do the enforcing.
As drafted, the bill would require DATCP to contract with municipalities at their request. Under current law, the Department enters into contracts with municipalities at DATCP's discretion. Administration officials indicate the Governor did not intend to make this change.
[Bill Sections: 176, 1938, 1939, 1945, 1951 thru 1953 and 9304(1)]
15. WEIGHTS AND MEASURES FUNDING
Funding Positions
PR - $187,800 - 3.50
SEG 187,800 3.50
Total $0 0.00
Governor: Transfer 3.5 positions and $93,900 annually from PR to petroleum inspection fund SEG to align funding sources with staff inspection activities. Additionally, transfer 2.0 positions and $192,300 annually from recycling fund SEG to petroleum inspection fund SEG. Petroleum inspection fund revenues come from a 3¢ per gallon fee on all petroleum products entering the state. The state recycling surcharge, which provides revenue for the recycling fund, is scheduled to expire in April, 1999.
16. LIQUID PETROLEUM GAS METER LICENSE
PR-REV $27,400
Governor: Require an annual license for persons who operate a meter to measure liquefied petroleum gas (LPG) for sale or delivery. A license fee of $25 per meter would be charged, unless DATCP establishes a different fee by administrative rule. The license would expire on July 31 of each year. A surcharge of $200 for operating a meter without a license would also apply. Estimate program revenues for weights and measures inspection at $13,700 annually. The bill would repeal a $25 one-time registration fee (created in the 1997-99 budget) for each new meter.
The meter operator (rather than the owner under current law) would be required to have the meter annually tested by a DATCP licensed tester, who must test the meter for accuracy as specified in DATCP rule. The meter tester would also be required to report the results in writing to DATCP within 15 days (rather than 30 days under current law) of the meter inspection, or be subject to a fee of up to $100 and possible license revocation or suspension. Require the Department to issue a written notice to a meter operator (rather than the owner) who fails to annually test a meter and requires the operator to have the meter tested within 30 days of notification or be subject to a fee of up to $100 per untested meter and possible license revocation or suspension.
[Bill Sections: 1954 thru 1959]
17. GRAIN, FRUIT AND VEGETABLE INSPECTION TRANSFER
Governor: Transfer $8,371,400 PR annually with 77.10 staff from the Marketing Services Division to the Trade and Consumer Protection Division to realign grain inspection and fruit and vegetable inspection funding with the division where such inspections now occur. Funding of $5,590,000 and 52.05 positions would be reallocated for grain inspection and certification and $2,781,400 and 25.05 positions for fruit and vegetable inspection.
Separate fruit and vegetable inspection into a new, continuing (rather than annual currently) appropriation in the Division of Trade and Consumer Protection. Fruit and vegetable inspection revenue would come from currently assessed fees for registration of produce procurement contracts and for inspection of farm products for the purpose of standardization, grading or certification.
Deposit current contractor (one who buys vegetables from a producer or who contracts with a producer to grow vegetables) fees of 1¢ per $100 in total paid and unpaid contractual obligations to producers to an appropriation which regulates vegetable procurement and dairy trade practices. Currently these fees are appropriated to the marketing services appropriation from which the bill transfers revenues to the fruit and vegetable inspection account. DATCP received $13,000 PR from this fee in 1997-98.
As drafted, the bill would require all fees of 1¢ per $100 in contractual obligations be deposited to the dairy and vegetable security and trade practices appropriation, but, due to a technical error, also to the fruit and vegetable inspection appropriation.