Pennsylvania Act 2006-124 — FARMERS' MARKET DEVELOPMENT ACT

Act text

FARMERS' MARKET DEVELOPMENT ACT
                 Act of Oct. 27, 2006, P.L. 1186, No. 124             Cl. 03
                                  AN ACT

     Establishing a farmers' market development grant program to
        develop or expand farmers' markets; conferring powers and
        duties on the Department of Agriculture; and providing for
        funding.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Farmers'
     Market Development Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Department."  The Department of Agriculture of the
     Commonwealth.
        "Farmer."  A person engaged in the production of agricultural
     commodities.
        "Farmers' market."  Any building, structure or place owned,
     leased or otherwise in possession of a person, municipal
     corporation or public or private organization, used or intended
     to be used by two or more farmers or an association of farmers
     for the purpose of selling agricultural commodities directly to
     consumers and which is physically located within this
     Commonwealth.
        "Grant."  A grant awarded under this act.
        "Program participant."  An individual or household which is
     in need of food assistance to supplement the diet of
     economically depressed persons to prevent hunger or
     undernutrition and which is eligible for Federal or State food
     assistance programs.
        "Secretary."  The Secretary of Agriculture of the
     Commonwealth.
        "Underserved area."  Any of the following:
            (1)  A low-income or moderate-income census tract.
            (2)  An area of below-average supermarket density.
            (3)  An area having a supermarket customer base with more
        than 50% of the customer base living in a low-income census
        tract or other area demonstrated to have a significant access
        limitation due to travel distance, as determined by the
        Department of Agriculture.
     Section 3.  Farmers' Market Development Grant Program.
        (a)  Authorization.--The department is authorized to
     establish a program to award grants for the purpose of
     developing or expanding farmers' markets.
        (b)  Eligibility.--Eligible applicants shall be located
     within this Commonwealth and may include any of the following:
            (1)  Farmers.
            (2)  Nonprofit organizations.
            (3)  Businesses or associations that manage or operate
        farmers' markets.
            (4)  Local government units.
        (c)  Usage of grants.--Grants may be used for any of the
     following:
            (1)  The cost of developing a business plan for a new
        farmers' market.
            (2)  Predevelopment costs associated with opening a new
        farmers' market, including site selection, demographic
        research, farmer recruitment and sales potential analysis.
            (3)  Promotion of an existing farmers' market through
        marketing materials, media outreach and advertising.
            (4)  Staffing costs to manage and operate a farmers'
        market.
            (5)  The purchase of tables, stands and other display
        materials for use in a farmers' market.
            (6)  The provision of nutrition education materials or
        educational materials about Pennsylvania farm products to
        program participants.
            (7)  The conduct of outreach to program participants to
        increase participation in existing food assistance programs.
     Section 4.  Limitations on grants.
        (a)  Limit.--The maximum amount of a grant per a farmers'
     market location shall be $10,000. Grants in lesser amounts may
     be approved until the cumulative total maximum grant amount is
     awarded.
        (b)  Grant matching.--
            (1)  Except as set forth in paragraph (2), each applicant
        shall provide at least 10% of the grant amount in matching
        funds or in-kind goods or services.
            (2)  The requirement of paragraph (1) may be waived by
        the secretary for a project to serve an underserved area if
        the secretary determines that the waiver will further the
        purposes of this act.
        (c)  Conditions.--The secretary may approve a grant in an
     amount less than that requested and may impose restrictions or
     special conditions upon issuance of a grant.
     Section 5.  Applications and review of applications.
        (a)  Submittal.--Applications for grants shall be submitted
     in a form and manner as determined by the secretary.
        (b)  Factors.--In determining whether or not an applicant is
     eligible for a grant, the secretary shall evaluate the
     application on the basis of all of the following factors:
            (1)  The potential to increase consumption of
        Pennsylvania-grown agricultural commodities, preserve
        farmland and promote Pennsylvania agriculture.
            (2)  The ability of the applicant to complete the
        project.
            (3)  The potential of the farmers' market to help
        revitalize a community.
            (4)  The location of the farmers' market in an
        underserved area.
            (5)  The potential to provide increased access to
        farmers' markets by program participants.
            (6)  The number of people who will be served by the
        project.
            (7)  The overall performance of the project if the
        project received a grant in a previous fiscal year.
     Section 6.  Grant agreement.
        Upon approval by the secretary, the applicant shall execute a
     written agreement which describes the terms and conditions
     governing the grant, including a date by which the project shall
     be completed.
     Section 7.  Verification of use of grant funds.
        (a)  Verification.--Within 90 days of the project completion
     date, the applicant shall submit to the department written
     receipts or other documentation to verify the total amount of
     the project costs.
        (b)  Forfeiture.--If any of the following occur, the
     secretary may demand, at the secretary's sole discretion, the
     return of all or a portion of the grant:
            (1)  The failure to submit receipts or documentation
        required under subsection (a).
            (2)  A determination by the secretary that grant funds
        are not being spent in accordance with the terms and
        conditions of the agreement under section 6.
            (3)  The failure to properly account for grant moneys.
        (c)  Repayment.--The grant recipient shall repay the sum
     demanded by the secretary within 60 days of receipt of a written
     demand.
     Section 20.  Regulations.
        The department shall promulgate regulations as it deems
     necessary to carry out the purposes of this act.
     Section 21.  Funding.
        Grants shall be awarded to the extent that funds are
     appropriated by the General Assembly.
     Section 30.  Effective date.
        This act shall take effect July 1, 2007, or immediately,
     whichever is later.