Current through Register Vol. 54, No. 45, November 9, 2024
Section 104.18 - Calculation of minimum producer charge(a)General. The Program may calculate a minimum producer charge in accordance with this section and pursue collection of that charge.(b)Presumption. At any proceeding at which the Program seeks payment of a producer charge from an affected producer, there shall be a rebuttable presumption that a minimum producer charge calculated in accordance with this section is the actual producer charge owed the Program.(c)Calculation. To calculate a minimum producer charge, the Program will do the following: (1) Determine the minimum weight of potatoes produced by an affected producer within a particular calendar year. This may be accomplished by using production information obtained from sales agents under § 104.17 (relating to responsibilities of sales agents).(2) Obtain the county-by-county summary of potato acreage, yield, production and value compiled by PASS in its annual statistical summary for the calendar year at issue.(3) Determine the PASS average per-acre potato yield figure for that county, if the county from which the potatoes were produced is known. If the figure is not available for that county, or if the potatoes were produced from more than one county, or if the county from which the potatoes were produced is not known, determine the PASS average per-acre potato yield figure for the entire Commonwealth.(4) Divide the weight of potatoes determined under paragraph (1) by 110% of the applicable average per-acre potato yield figure determined under paragraph (3). This quotient equals the minimum number of acres of planted potatoes that are subject to a producer charge.(5) Multiply the minimum number of acres of planted potatoes, rounded to the next-lowest whole number, by the $4-per-acre producer charge. This product is the minimum producer charge owed by the affected producer.(d)Examples.(1) The Program confirms that an affected producer sold 500,000 pounds of potatoes to a sales agent. The producer's potato acreage is entirely in Erie County. The PASS average per-acre potato yield figure for Erie County with respect to the calendar year in question is 26,000 pounds. One hundred and ten percent of that figure is 28,600 pounds. Five hundred thousand pounds divided by 28,600 pounds-per-acre equals 17.48 acres. The affected producer owes a minimum producer charge of $4-per-acre multiplied by 17 acres: $68.(2) The Program confirms that an affected producer sold 750,000 pounds of potatoes to a sales agent. The producer's potato acreage lies in two counties. The PASS average per-acre potato yield figure for this Commonwealth with respect to the calendar year in question is 25,200 pounds. One hundred and ten percent of that figure is 27,720 pounds. Seven hundred and fifty thousand pounds divided by 27,720 pounds-per-acre equals 27.06 acres. The affected producer owes a minimum producer charge of $4-per-acre multiplied by 27 acres: $108.The provisions of this §104.18 adopted July 26, 1996, effective 7/27/1996, 26 Pa.B. 3534.