[26 Pa.B. 3692]
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AGRICULTURE
POLICY STATEMENTS:
Bureau of Plant Industry
* Fertilizer, Soil Condition and Plant Growth Substance Enforcement Action Penalty Matrix
Contact: John Breitsman (717-787-4843)
* Pesticide Enforcement Action Penalty Matrix
Contact: Joseph Uram (717-787-4843)
* Plant Pest Act Enforcement Action Penalty Matrix
Contact: Dale Stehr (717-787-4843)
GUIDANCE MANUALS: Bureau of Food Safety and Laboratory Services
* rBST Labeling Information
* Application to Install or Remodel a Milking System
* Supplement to a Farm Refrigerated Bulk Milk Storage Tank and/or a Precooler Installation Application
Contact: James C. Dell (717-787-4316)
* Model Food service Self-Inspection Checklist
* Ice Manufacturing Plants Consumer Confidence Program Guidelines
* Listeria Handbook for Retail Food Establishments
* Procedures for Vacuum Packaging Foods in Reduced Oxygen Packages
* Retail Food Establishment Consumer Confidence Program Self-Inspection Checklist
Contact: Charles E. Radle (717-787-4315)
Bureau of Government Donated Food
* Farmers Market Nutrition Program - Farmer/Vendor Procedure Manual
* Women, Infants and Children (''WIC'') Clinic Procedure Manual
Contact: Edward Wadlinger (717-787-2940)
Pennsylvania Harness Racing Commission
* Licensing Procedures and Standards for Applicants
Contact: Richard E. Sharbaugh (717-787-5196)
Bureau of Plant Industry
* Instructions for Licensing under the Pennsylvania Commercial Feed Law
* Instructions for Licensing under the Pennsylvania Fertilizer, Soil Conditioner and Plant Growth Substance Law
* Directions for Reviewing Specialty Fertilizer Registration in Pennsylvania
* Instructions for Licensing under the Pennsylvania Agricultural Liming Materials Act
Contact: John Breitsman (717-787-4843)
* Directions for Registering Pesticides in Pennsylvania
* Experimental Pesticide Use Permits
* Grower Record keeping Guidelines for Pesticide Applications made under an Emergency Exemption
* Directions for Soil Conditioner and Plant Growth Substance Registration in Pennsylvania
Contact: John Lake (717-787-4843)
Bureau of Ride and Measurement Standards
* Amusement Ride Operators' and Attendants' Manual
Contact: Charles Bruckner (717-787-6772)
INTERNAL GUIDELINES: Bureau of Farmland Protection
* Checklist for Review of an Agricultural Conservation Easement Purchase Recommendation
* Checklist for Evaluation of a County Agricultural Conservation Easement Purchase Program
Contact: Raymond Pickering (717-783-3167)
Bureau of Food Safety and Laboratory Services
* Summary of Enforcement Requirements for Violations of Bacterial Count, Somatic Cell Count and
* Antibiotic Residue Tests for Individual Milk Producer Samples
* Clarification of Enforcement Policy for a Producer Utilizing Two Bulk Milk Tanks
Contact: James C. Dell (717-787-4316)
* Tolerances for Egg Quality, below which a Warning Letter shall be Issued to a Store
* Tolerances for Egg Quality, below which Seizure of Eggs will be made at a Store
* Tolerances for Egg Quality, below which Prosecution will be initiated against a store
* Tolerances for egg quality, below which seizure of eggs will be made at a plant
Contact: Kim F. Miller (717-787-3294)
* Guidelines for Inspection of Food Concessions at Fairs
* Inspection Guidelines for Farmers Markets and Stands
Contact: Charles E. Radle (717-787-4315)
Pennsylvania Harness Racing Commission
* Procedures with respect to Unlicensed Owners
Contact: Richard E. Sharbaugh (717-787-5196)
Bureau of Plant Industry
* Turfgrass Seed Certification Interagency and Inter-state Certification
Contact: Joe Garvey (717-787-5609)
OTHER: Bureau of Food Safety and Laboratory Services
* Industry Responsibilities with respect to Broken Seals
Contact: James C. Dell (717-787-4316)
* Temperature Requirements for Safe Handling of Hot and Cold Foods
* Guidelines for Self-Service Bulk Food Displays
* Guidelines for Maple Syrup Operations
Contact: Charles E. Radle (717-787-4315)
Bureau of Plant Industry
* Pennsylvania Pesticide Hypersensitivity Registry Fact Sheet
Contact: John C.R. Tacelosky (717-787-4843)
BANKING
Nonregulatory public documents of the Department of Banking are divided into three indexed categories listed below: Letters from Several Secretaries of Banking to Regulated Entities; Guidance Available Regarding Compliance with Depository Institution Statutes and Regulations; and, Guidance Available Regarding Compliance with Licensee Statutes and Regulations. The contact person for all Department of Banking documents is Reginald Evans (717-787-1471).
SECRETARIES' LETTER The following is a historical list of letters to regulated entities from respective Secretaries of Banking providing guidance regarding compliance with statutes and regulations applicable to Pennsylvania state-chartered banking institutions, savings associations, credit unions, and nondepository institutions licensed to make mortgage and other types of loans in Pennsylvania.
* 1996 1-26-96 Letter regarding heavy snowfall and floods having had a profound impact upon many communities in Pennsylvania and the financial hardships imposed upon customers of banks, savings associations and credit unions by this devastation. 4-16-96 Letter regarding authority of Pennsylvania state-chartered banking institutions to sell annuities issued by insurance companies. * 1995 3-24-95 Letter containing Department's statement of policy regarding the Simplification and Availability of Bank Credit Act (Act 167 of 1994). 7-11-95 Letter regarding Act 39 of 1995, amends the provisions of Pennsylvania's Banking Code of 1965, as amended (''Banking Code'') to authorize full interstate banking and branching under Pennsylvania law and to facilitate the operations of interstate banks in Pennsylvania. 10-10-95 Letter to Presidents of Pennsylvania State-chartered Credit Unions forwarding Investment Powers, Standards and Accounting Guidelines for Pennsylvania state-chartered credit unions as required by Section 501(b)(7) of the Credit Union Code which was amended by House Bill 2563, codified as Act 146 of 1994, effective February 12, 1995. * 1994 3-29-94 Letter to the Chief Executive Officers of Pennsylvania State-Chartered Non-Depository Trust Companies regarding the Department revising its examination/assessment billing method for Non-Depository Trust Companies. 8-9-94 Letter to the Chief Executive Officers of Pennsylvania State-Chartered Banking Institutions, Savings Associations and Entities Licensed by the Department of Banking regarding enforcing the regulations of the Department of Banking Code, which provides for assessments of penalties and interest against financial institutions for failing to pay assessment and examination fees in a timely manner. 8-22-94 Letter to Chief Executive Officers of Pennsylvania Banking Institutions regarding bank holidays. 10-5-94 Letter to all Chief Executive Officers of Banks, Bank and Trust Companies, Trust Companies, Savings Banks, Savings Associations regarding federal law requirement that outside auditors be provided copies of respective reports of examination. 10-13-94 Letter to the Presidents of Pennsylvania State-Chartered Credit Unions requiring written notification to the Department regarding the establishment of automated teller machines at locations other than credit union's principal place of business. 11-8-94 Letter to all Chief Executive Officers of Banks, Bank and Trust Companies, Savings Banks regarding Assets pledged for uninsured trust deposits, and the Department's position that derivative products are too volatile to be so pledged pursuant to section 403 of the Banking Code. 11-17-94 Letter to the Presidents and Chief Compliance Officers of Pennsylvania First Mortgage Companies regarding mortgage companies disbursing loan proceeds in a form prescribed by applicable law. * 1993 12-9-93 Letter to the Presidents and Chief Executive Officers of Pennsylvania State-Chartered Banking Institutions regarding a new schedule for costs associated with the examination and supervision of state-chartered banks. * 1992 9-24-92 Letter to the Presidents and Chief Executive Officers of Pennsylvania State-Chartered Banking Institutions regarding evaluating the adequacy of capital and loan loss reserves separately. * 1991 5-2-91 Letter to all Pennsylvania State-Chartered Banks, Savings Associations, and Credit Unions, Office of Comptroller of the Currency, Office of Thrift Supervision, National Credit Union Administration, Federal Deposit Insurance Corporation, Federal Reserve Board and all State Financial Regulatory Agencies informing them that Settlers Trust Savings Bank has not been and is not currently chartered as a Pennsylvania state-chartered or federally chartered bank, bank and trust company, savings bank, or savings association. 7-29-91 Letter to all CEOs of Pennsylvania Chartered Savings Associations and all Pennsylvania Department of Banking Examiners interpreting section 510 of the Savings Association Code of 1967, as amended. 8-23-91 Letter to all CEOs of Pennsylvania Chartered Savings Associations and all Pennsylvania Department of Banking Examiners clarifying its 7-29-91 interpretation of section 510 of the Savings Association Code of 1967, as amended, which states that the Department will not object to and will not cite in an examination report a savings association employer for offering and providing favorable terms and rates on loans to such association's employees. 9-3-91 Letter to all Motor Vehicle Sales Finance Companies discussing the problems with late delivery of certificates of title by motor vehicle lenders upon satisfaction of the existing loan. Letter states that title must be released immediately upon satisfaction of a loan. * 1990 1-18-90 Letter discusses additional language added to Section 222 of the Financial Institutions Reform, Recovery and Enforcement Act which adds a new Section 28 to the Federal Deposit Insurance Act, which states that Savings Associations which are not insured by the FDIC shall provide certain disclosures. 3-5-90 Letter to CEOs of all federally-insured state-chartered banks and Savings Associations discussing the Resolution Trust Corporation, which is soliciting potential bidders for failing savings and loan associations. Letter requests institutions which are considering bidding to notify this Department before the bidding process begins. 4-30-90 Letter to all state-chartered credit unions issuing a new fee schedule for overhead assessments. 5-17-90 Letter to CEOs of all Pennsylvania banking institutions informing them that the Department has recently issued an opinion regarding the impermissible collateralization of interest rate swap agreements. 6-6-90 Letter to CEOs of state-chartered commercial banks and state-chartered credit unions informing them of the Department's opinion on the permissibility of the Federal Home Loan Bank of Pittsburgh (''FHLB/P'') offering membership to other depository institutions in PA. Specifically, the FHLB/P would like to extend offers of membership to state-chartered commercial banks and state-chartered credit unions in PA. 6-11-90 Letter to CEOs and Boards of Directors of State-Chartered Credit Unions informing them that strict compliance with section 27 of the Credit Union Act, then codified as 15 Packs § 12327, is required whenever a state-chartered credit union plans to merge or consolidate with any other credit union. In the future, failure to submit a merger application to the Department prior to the consummation of a merger will be viewed as a violation of law. 7-10-90 Letter to CEOs of all Pennsylvania financial institutions informing them of the Department's opinion on the applicability of the ''Anti-takeover Law,'' Act 36 of 1990. 7-10-90 Letter to CEOs of all Pennsylvania Credit Unions informing them that credit unions must take immediate action in order to retain the power to indemnify their directors and volunteer officers. Also informing them that a special meeting of the board of directors should be called immediately to discuss adoption of a bylaw opting out of new provisions of the recently enacted ''Anti-takeover Law,'' Act 36 of 1990. 7-10-90 Letter to CEOs of Pennsylvania Financial Institutions informing them of an enforcement order by the Pennsylvania Department of Insurance regarding Collateral Protection Insurance. Letter requests a summary of any existing collateral protection insurance programs to assist the Department in drafting regulations to determine reasonable fees for licensees under the Motor Vehicle Sales Finance Act. 12-3-90 Letter to the Executive Officers of banking institutions regarding the new minimum requirements for Annual Audits performed by Certified Public Accountants. * 1989 4-13-89 Letter discusses House Bill 979, Act 173 of 1988 which makes several significant changes to the Banking Code including provisions which provide real estate investment and development authority to commercial savings banks; permit commercial and mortgage-backed securities powers; and, permit commercial and savings banks to make investments not presently permitted under statute in amounts up to 3% of assets with no more than 1% in any one investment. 8-11-89 Letter to PA savings associations which are insured by the Pennsylvania Savings Association Insurance Corporation regarding Section 222 of the Financial Institutions Reform, Recovery and Enforcement Act, entitled ''Activities of Savings Associations'' which requires certain disclosures be made by non-federally insured savings associations. 9-29-89 Letter lists legal bank holidays for 1990. 11-1-89 Letter to CEOs of PA Banking Institutions discusses legal holidays for 1990. * 1988 4-6-88 Letter discusses the liquidation of TMIC Insurance Company and the need for some financial institutions to obtain alternate private mortgage insurance coverage. 5-31-88 Letter to realtors discusses Senate Bill 7 of 1988, the proposed Mortgage Bankers and Brokers Act. 6-3-88 Letter announces legislative amendments to sections 112 and 117 of the Banking Code. 6-27-88 Letter to CEOs of bank and trust companies discusses the review of assessment fees for trust companies and trust departments. Letter asks institutions to complete a Report of Trust Assets. 6-30-88 Letter announces increase in annual assessments of institutions. 7-15-88 Letter to lenders asking them to act with forbearance toward farmers who may have been experiencing financial difficulties due to poor weather conditions. 9-30-88 Letter mailed to state-chartered banking institutions asking for a Report of Condition and Report of Income as of the close of business on 9-30-88. 10-17-88 Letter lists legal bank holidays for 1989. 11-2-88 Letter announces survey to be conducted by the Department regarding low-cost deposit accounts availability at banks and savings associations. 11-3-88 Letter regarding survey of institutions offering low-cost checking and savings accounts. * 1987 1-6-87 Letter discusses permissibility of investment on mutual funds under the provision of section 307 the Banking Code. 1-16-87 Letter discusses Act 205 of 1986, amending various provisions of the Banking Code particularly section 1610 relating to fair pricing provisions. 2-5-87 Letter discusses permissibility of purchase or establishment of discount brokerage office subsidiaries under sections 311(b), 502(d) and 203(d) of the Banking Code. 3-23-87 Letter addressed to CEOs of all PA state-chartered banking institutions discusses sections 1407(a) and 1407(c) of the Banking Code, which revises the minimum requirements for Directors' audits performed by CPAs. 6-12-87 Letter to CEOs of savings associations, discusses mortgage interest rate commitments. 6-24-87 Letter discusses requirements under Section 403 of the Banking Code relating to report of condition and report of income. 8-28-87 Letter permits closing of institutions for Constitution Day celebration in Philadelphia, September 17, 1987. 11-4-87 Letter lists fixed and optional bank holidays for 1988. 12-11-87 Letter to bank and savings association CEOs regarding full-day hours during the holidays. * 1986 3-17-86 Letter announces CSBS Computer Audit & Control Conference for bankers. 6-26-86 Letter requests Report of Condition and Income as of the close of business on June 30, 1986. 8-21-86 Letter discusses ownership of stock by state chartered institutions of out-of-state bank holding companies, and sections 116 and 311 of the Banking Code. 9-30-86 Letter requests Report of Condition and Income as of September 30, 1986. 11-6-86 Letter contains a list of fixed and optional bank holidays for 1987. * 1985 1-30-85 Letter announces substantive amendments to section 408 of the Banking Code in Act 217 of 1984. 4-2-85 Letter announces CSBS Computer Audit & Control Conference for bankers. 4-29-85 Letter discusses requirements for directors' audits pursuant to section 1407(a) of the Banking Code and the relevant regulations. 5-16-85 Letter announces ''Day with the Secretary'' program. 5-31-85 Letter discusses brokered loan fraud. 6-14-85 Letter announces upcoming examination of all corporations licensed under Pennsylvania's Secondary Mortgage Loan Act. 9-25-85 Letter requests from banks report of condition and income as of the close of business on September 30, 1985. 11-4-85 Letter lists all fixed and optional bank holidays for 1986. 12-16-85 Letter announces Martin Luther King, Jr.'s Birthday as a fixed holiday for state-chartered banking institutions. 12-20-85 Letter requests report of condition and income for 4th Quarter of 1985. * 1984 1-24-84 Letter discusses Section 307 of the Banking Code and investments in shares of money market mutual funds. 2-17-84 Letter discusses the technological revolution which is affecting the banking industry. The letter also announces a presentation of CSBS Computer Audit and Control Conference for Bankers to be held in Philadelphia, PA on April 23-26, 1984. 2-23-84 Letter discusses Section 319 of the Banking Code and variable rate consumer installment loans. 3-5-84 Letter is a reminder of the importance of making and maintaining arrangements to backup data processing equipment and provide for reconstruction of records. 6-14-84 Letter discusses section 307 of the Banking Code regarding Investment Securities (other than stock) and Office of Comptroller of the Currency revising its interpretation of ruling 7.1100, redefining capital and surplus for the purposes of investment limitations. 6-18-84 Letter announces Department's revisions to branch application forms. 7-13-84 Letter discusses amendment to Section 1910(d) of the Banking Code, which requires directors and officers to have an audit performed of the books and affairs of the institution at least once per year. 7-26-84 Letter discusses Senate Bill 1304, Act 128 of 1984, Senate Bill 1305, Act 129 of 1984 and amendments to sections 302, 303, and 401 of the Banking Code. 7-26-84 Letter discusses Senate Bill No. 1304, Act 128 of 1984 which amended sections 203, 306, 308, 310, 311, 404, 405, 505, 805, 908, 1415, 1609, 1910, 2002 of the Banking Code. 7-26-84 Letter discusses Senate Bill No. 1080, Act 125 of 1984 which amended sections 311, 404, 514, 610, 802, 1217, 1405, 1609, 1801 and 1809 of the Banking Code. 10-9-84 Letter discusses Section 105(b.1) of the Banking Code, establishment of additional offices in Pennsylvania by foreign banking organizations. 10-19-84 Letter announces banking legal holidays for 1985. 11-28-84 Letter discusses increasing fees and charges for traditional financial services. 12-12-84 Letter discusses requirement of section 1407 of the Banking Code regarding audit requirements. 12-20-84 Letter announces staff changes in the banking bureau of the Department. * 1983 1-3-83 Letter concerns substantial increase in the number of institutions advertising repurchase agreements. 1-17-83 Letter discusses recent amendments to Chapter 7 of the Banking Code. 1-24-83 Letter discusses exercising of compassion and forbearance in dealing with unemployed customers. 2-2-83 Letter discusses Garn-St. Germain Depository Institutions Act of 1982 overriding substantially equal payments requirements of Section 310 of the Banking Code. 2-15-83 Letter discusses mortgage loans requiring special consideration such as those affected by temporary unemployment of borrower. 2-28-83 Letter discusses annual audits requirement contained in Title 10 of the Pennsylvania Code, Section 17.1(a). 4-8-83 Letter indicates that Garn-St. Germain Depository Institutions Act of 1982 overrides state law to the extent that it permits adjustable-rate mortgages to be made or purchased by state-chartered banks, bank and trust companies, trust companies, and private banks. 4-12-83 Letter regarding electronic automation. 4-14-83 Letter discusses Garn-St. Germain Depository Institutions Act of 1982 and preemption of state law re: alternative mortgage loans and override of section 505 of the Banking Code. 10-7-83 Letter announces 1984 legal bank holidays. 10-13-83 Letter announces deletion of sections 14.1 and 14.2 from Title 10 of the Pa. Code. 12-1-83 Letter discusses impact of deregulation on industry. 12-5-83 Letter discusses annual audits of one-bank holding companies and multi-bank holding companies in compliance with Sections 1407 of the Banking Code. * 1982 3-26-82 Letter discusses the technological revolution which is affecting the banking industry. The letter also announces a presentation of CSBS Bank Executives EDP/EFT Conference to be held in Philadelphia, April 27-28, 1982. 4-2-82 Letter discusses the technological revolution which is affecting the banking industry. The letter also announces a presentation of CSBS Bank Executives EDP/EFT Conference to be held in Philadelphia, April 27-28, 1982. 4-5-82 Letter announces change of policy from using capital-to-deposit ratio as a measurement of capital adequacy to using capital-to-assets ratio. 6-4-82 Letter discusses House Bill No. 1889, Act 44 of 1982, which amended sections 113, 114, 115, 903, 904 and 905 of the Banking Code. 6-4-82 Letter discusses House Bill No. 1739, Act 79 of 1982, which amended sections 202, 308, 311, 319, 320, 407, 504, 506, 610, 702, 703, 1414, 2004 and 1609 of the Banking Code. 7-2-82 Letter to Motor Vehicle Sales Finance Act licensees discusses Act 160 of 1982 and maximum permissible finance charges. 7-30-82 Letter addressed to thrift CEOs and discusses asset restatement accounting. 11-1-82 Letter lists legal bank holidays for 1983. 12-8-82 Letter discusses examination of PA Bank Holding Companies by Department. * 1981 1-21-81 Notice of authorization to close banks in Philadelphia for official celebrations. 10-9-81 Letter announces CSBS Computer Audit and Control Conference for Bankers. 10-13-81 Letter discusses sections 702(c) and 610(c) of the Banking Code. 11-20-81 Letter lists legal bank holidays for 1982. * 1980 1-2-80 Letter discusses federal law preemption of first lien residential mortgage rate portion of Pennsylvania usury law. 2-4-80 Letter discusses conversions of PA National Banks to State Charters. 2-14-80 Letter discusses Act 286 of 1980 and new requirements that only certified public accountants registered with Department of State may provide the attest function on financial statements. 3-13-80 Letter discusses proposed legislation requiring mandatory reserves to be maintained at the Federal Reserve. 5-29-80 Letter discusses Act 51 of 1980, amending various provisions of the Banking Code. 6-10-80 Letter discusses Section 318 of the Banking Code and permissible interest computations. 6-17-80 Letter discusses Chapter 7 and Section 103 of the Banking Code, and Section 202 of the Banking Code of 1933, as amended, regarding legal reserves of PA nonmember banks. 7-7-80 Letter announces ''Day with the Secretary'' program. 10-28-80 Letter discusses proposed amendments to Department regulations pertaining to Legal Reserve Funds, 10 Pa. Code, Chapter 11. 11-7-80 Letter lists legal bank holidays for 1981. * 1979 7-26-79 Letter discusses outstanding mortgage loans. 10-3-79 Letter discusses to what extent PA banks may invest in mortgage-backed pass-through certificates sold by banks through an underwriting syndicate. 10-8-79 Letter discusses Outstanding Mortgage Loans 10-9-79 Letter discusses Outstanding Mortgage Loans 10-26-79 Letter regarding a Conference on technological revolution involving electronics. 11-1-79 Letter discusses attempts to curb inflation and to maintain stability and balance in Pennsylvania. 11-16-79 Letter discusses legal bank holidays. 11-29-79 Letter discusses whether a bank or a bank and trust company may charge the Federal Reserve discount rate plus 1% on a residential mortgage loan. * 1975 3-7-75 Letter discusses instructions for filing documents with the Corporation Bureau of the Department of State. * 1966 3-14-66 Letter discusses Saturday Banking Hours.
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