[32 Pa.B. 2468]
[Continued from previous Web Page]
Subchapter E. AQUACULTURE PRODUCT IDENTIFICATION PROGRAM Sec.
106.101. Program objectives. 106.102. Limitations. 106.103. General conditions. 106.104. Application. 106.105. Review of applications. 106.106. Processing of applications. 106.107. Notice of disposition of application. 106.108. Approved participant withdrawal policy. 106.109. Conflict of interest. 106.110. Notice of program activity. 106.111. Recordkeeping. 106.112. Cancellation/modification. § 106.101. Program objectives.
The purpose of the APIP is to increase sales of Commonwealth-produced aquaculture products by increasing consumer demand through improved awareness and labeling. The APIP will provide a voluntary mechanism through which Commonwealth-produced aquaculture products may be identified.
§ 106.102. Limitations.
(a) Applicant eligibility. Only eligible applicants will be considered for the APIP. To be eligible to participate under the APIP, applicants shall be registered Commonwealth aquaculture propagators or aquaculture-related companies in good standing that, are headquartered or have at least one manufacturing or production facility located in this Commonwealth and are subject to tax laws of the Commonwealth. Each applicant approved for participation shall comply with the criteria established by the act and this chapter, including the verification criteria and all licensing and governmental permitting requirements.
(b) Product/service eligibility. An applicant approved to participate in the APIP shall use the APIP logo only on Commonwealth-produced aquaculture products and APIP promotional materials may only be used to promote and market Commonwealth-produced aquaculture products. All of the products using APIP materials shall be grown or manufactured in this Commonwealth. The products shall comply with applicable State and Federal laws and requirements for the specific product.
(c) Extent of program activities. The APIP will establish a voluntary product identification system to easily identify Commonwealth-produced aquaculture products. The system will be based on trade marking and licensing the Pennsylvania Aquaculture Logo. The program will allow producers to incorporate the trademark logo into their package labeling, use the trademark logo decal to label and advertise their product, and use point of purchase materials incorporating the logo.
(d) Use of funds. Funds allocated for the APIP shall be used solely for the purposes in this chapter.
(e) Funds available basis. Program activities will not be undertaken unless funds are available.
§ 106.103. General conditions.
(a) Participation agreement. The approved, signed application for the APIP shall constitute the participation agreement. The participant desiring to take part in the APIP shall sign the application. The application will set forth the amount of the participation fee and other terms and conditions the Department may reasonably require. Upon receipt of a completed, signed application, the Department will review and process the application as set forth in this chapter and issue an approval or denial of the application. Upon receipt of the APIP participation fee set forth in the application, approved applicants will be registered for the APIP for 5 years from the July 1 or January 1 application deadline under which they submitted their APIP application. Participant approval automatically terminates if the Commonwealth artificial propagation license is not in good standing or lapses or the approved participant violates another provision of the act or this chapter.
(b) Renewal of APIP participation. To continue to use the trademark logo and marketing materials, an approved APIP participant shall renew the registration every 5 years by submitting a new APIP application by the application deadlines established in § 106.104(e) (relating to application).
(c) Default. A participant who fails to abide by the terms of the participation agreement or the provisions of the act or this chapter shall be in default.
(d) Survey. The Department may require an APIP participant to submit a completed survey form.
(1) The requirement will be set forth in the APIP application.
(2) The Department will develop the survey form.
(3) The survey form will include questions relating to the participant's involvement in the APIP to determine the degree to which the program contributes to industry and Department goals.
(4) Information requested will relate to things such as how the APIP materials were used, frequency of use, trade leads received from APIP logo recognition, sales made resulting from logo recognition and number of consumers reached.
(5) Surveys will not contain a request for any proprietary business information.
(6) When the Department requires the completion of a survey, an APIP participant shall submit the completed survey form to the Department within 30 days of the receipt of the request.
(e) Failure to submit survey. When a survey is required by the Department, failure to submit a completed survey form within the 30-day period will result in a default on the part of the APIP participant. The Department may extend the verification deadline if it is determined the participant has made a reasonable effort to verify, but the verification was incomplete, or for extenuating circumstances.
§ 106.104. Application.
(a) Application required. Applicants shall submit applications to participate in APIP activities on forms provided by the Department at the address set forth on the application.
(b) Application requirements. An application for the APIP will not be considered by the Department unless the following items are included:
(1) The name, address and contact information (to include telephone, facsimile and Internet, as available) of the participating company, or individual.
(2) The name and direct contact information for the designated program contact.
(3) A detailed description of the company and products or services to be promoted.
(4) A signature by an authorized representative attesting to compliance with all provisions of the terms and conditions for participation in the APIP.
(5) Payment in full of the participation fee in the application and payable to the Department.
(6) Verification the applicant is subject to tax laws of the Commonwealth and is not a nonprofit entity.
(c) Obtaining an application and assistance. An application for participation under this chapter shall be made on a form provided by the Department. For applications and assistance, contact the Aquaculture Program, Bureau of Market Development, Pennsylvania Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110, telephone (717) 783-8462, facsimile (717) 787-5643, or the Department's website.
(d) Additional information. The Department may require an applicant to submit additional documentation as may be necessary to complete, verify or clarify the application.
(e) Application deadlines. Applications for participation under this chapter may be submitted to the Department on January 1 and July 1 of each calendar year.
§ 106.105. Review of applications.
(a) Evaluation. The Department will evaluate an application based on the applicant's eligibility as well as the factors in the act and this chapter.
(b) Applicant eligibility. The Department will review applications to determine applicant eligibility according to the criteria in this chapter. Only eligible applicants will be considered for participation in the APIP.
(c) Application completeness. An application for an APIP activity will not be considered by the Department unless it contains the required information and items in this chapter under § 106.104(b) (relating to application).
(d) Factors. Factors to be considered by the Department in selecting APIP participants include the following:
(1) Current registration as an artificial propagator under the act or other verification that the applicant is an eligible participant.
(2) Verification that all of the products to be promoted using APIP materials and l logo are produced or manufactured in this Commonwealth.
(e) Release and hold harmless. Eligible participants will release and hold harmless the Commonwealth and the Department and their agents and officers from any liabilities for any losses as a result of participation in the APIP.
§ 106.106. Processing of applications.
(a) Approval or denial. The Department may approve, approve with special conditions or reject applications and issue participation approval in accordance with the general considerations and criteria of the act and this chapter.
(b) Processing. An application for participation in the APIP will be processed in the following manner:
(1) Dating. The applications will have the initial date of the postmark or initial date of receipt, whichever is earlier, noted on the application by Department staff. If the application is determined to be incomplete, the effective date of the application is the date on which the additional information is received and the application is determined by the Department to be complete. The date will be noted on the application.
(2) Completeness and accuracy. Upon receipt of an APIP application and the required supporting documentation, the Department will review the information for completeness and accuracy.
(3) Eligibility. Upon receipt of an APIP application and the required supporting documentation, the Department will review the information to verify applicant eligibility.
(4) Applications from ineligible applicants. An application from an ineligible applicant will be returned to the applicant with an explanation of why the applicant is considered ineligible.
(5) Incomplete or inaccurate application from eligible applicants. If the Department determines an application from an eligible applicant is incomplete or inaccurate, final processing of the application may be discontinued or additional data may be requested. If additional data is requested, the request will be in writing and will be sent to the applicant address listed on the APIP application. The processing of the application will cease until the applicant supplies the requested data. The Department may terminate the processing of an incomplete application when the additional data is not supplied within 10 business days of the request for the data.
(6) Advisory Committee. The Advisory Committee has no authority to and will not review or have input into individual APIP applications. The Advisory Committee will recommend overall program priorities for each program to the Department. Additionally, the Advisory Committee will recommend the amount of funds to be allocated to each program.
§ 106.107. Notice of disposition of application.
(a) Applications deemed complete. The Department will notify applicants in writing of a decision to approve, approve with special conditions or reject the application. Approved applicants shall submit the participation fee in the APIP application, in full, within 10 days of receipt of the Department's approval letter.
(b) Applications deemed incomplete or ineligible. The Department will notify the applicant in writing of a decision to reject the application or notify the applicant of a deficiency in the application and request additional data. If additional data is requested, notification will be in writing and detail the additional data needed. The Department will follow the procedure in § 106.106(b)(5) (relating to processing of applications).
§ 106.108. Approved participant withdrawal policy.
(a) Deadline. Approved participants shall submit a withdrawal request in writing to the Department at least 30 days prior to the date their withdrawal becomes effective.
(b) Reimbursement. In the event of withdrawal by an approved participant, the participation fee is forfeited to the Department in its entirety.
§ 106.109. Conflict of interest.
A member of the Advisory Committee may apply for participation in APIP activities if all decisions regarding the application are subject to 65 Pa.C.S. § 1103(j) (relating to restricted activities) and the action does not violate the State Adverse Interest Act (71 P. S. §§ 776.1--776.9) or 4 Pa. Code Chapter 7, Subchapter K (relating to code of conduct for appointed officials and State employees).
§ 106.110. Notice of program activity.
(a) Persons who want to identify their product through the APIP program will be notified of program availability and restrictions in any of the following manners:
(1) Pennsylvania Bulletin. Notice of APIP availability will be printed in the Pennsylvania Bulletin once per year.
(2) Direct mailing. An annual mailing to registered aquaculture propagators known to the APIP administrator at the date of mailing.
(3) Internet access. Individuals may access APIP information through the Department's website.
(b) Information to be included in program notice. The notice will include the purpose of the program, an explanation that the program is voluntary, what program participation entails, what information a potential participant shall submit to be considered for participation.
§ 106.111. Recordkeeping.
APIP data shall be maintained by the participant for 5 years from the termination date of approval to participate in the APIP.
§ 106.112. Cancellation/modification.
An APIP participant approval may be canceled by the Department upon a determination that the approved participant has violated any provision of the act, this chapter or the participation agreement, the approved participant violated the APIP rules, or upon failure of the approved participant to satisfy the verification requirements of this chapter. Upon cancellation the Department may seek recovery of any funds expended for the approved participant's advantage or a portion thereof.
Subchapter F. AQUACULTURE PRODUCT PROMOTION PROGRAM Sec.
106.131. Program objectives. 106.132. Limitations. 106.133. General conditions. 106.134. Application. 106.135. Review of applications. 106.136. Processing of applications. 106.137. Notice of disposition of application. 106.138. Approved participant cancellation policy. 106.139. Notice of program activity. 106.140. Conflict of interest. 106.141. Recordkeeping. 106.142. Right of recovery. 106.143. Deficits. § 106.131. Program objectives.
The purpose of the APPP is to increase sales of aquaculture products through public awareness of aquaculture product availability and attributes.
(1) To the extent possible, the APPP will provide opportunities for industry representatives to participate in a variety of events such as food shows, recreational sports shows, pet and water gardening related trade shows, aquaculture industry shows and other related commercial trade shows where buyers of aquaculture products are expected to attend.
(2) The APPP will also attempt to provide opportunities for aquaculture industry representatives to participate in a wide range of events such as the Pennsylvania Farm Show, fairs, community festivals, farm-city activities, in-store product promotions and other events at which a large number of consumers would be exposed to product information.
(3) The APPP will endeavor to facilitate contact and relations between aquaculture propagators, suppliers and buyers by arranging meetings with purchasers such as wholesalers, grocery/restaurant buyers and consumers.
§ 106.132. Limitations.
(a) Applicant eligibility Only eligible applicants will be considered for the APPP. To be eligible to participate in activities under the APPP, applicants shall be registered Commonwealth aquaculture propagators or aquaculture-related companies in good standing that are headquartered or have at least one manufacturing or production facility located in this Commonwealth and is subject to tax laws of the Commonwealth. Each applicant approved for participation shall comply with the criteria established by the act and this chapter, including the verification criteria and licensing and governmental permitting requirements.
(b) Product/service eligibility. An applicant approved to participate in an APPP activity may only promote and display aquaculture related products and services at that APPP activity. At least 60% of the displayed products in an APPP activity shall be grown or manufactured in this Commonwealth. The products displayed shall comply with applicable State and Federal laws and requirements for the specific product.
(c) Extent of program activities. The APPP will organize participation in domestic trade shows and promotional activities for eligible applicants.
(d) Use of funds. Funds allocated for the APPP shall be used solely for the purposes in this chapter.
(e) Funds available basis. Program activities will not be undertaken unless funds are available.
§ 106.133. General conditions.
(a) Participation agreement. The approved, signed application for an APPP activity will constitute the participation agreement. The participant desiring to take part in an APPP sponsored activity shall sign the application which shall set forth the amount of the participation fee and other terms and conditions as the Department may reasonably require. Upon receipt of a completed, signed application, the Department will review and process the application in §§ 106.135 and 106.36 (relating to review of applications; and processing of applications) and issue an approval or denial of the application. Approved applicants will be registered for the APPP activity upon receipt of the APPP participation fee in the application.
(b) Default. A participant who fails to abide by the terms of the participation agreement or the provisions of the act or this chapter shall be in default.
(c) Exit survey. The Department may require an APPP participant to submit a completed exit survey form. The requirement will be set forth in the APPP application. The Department will develop an exit survey form.
(1) The exit survey form will include questions relating to the participant's involvement in the relevant activity to determine the degree to which the activity contributes to the programs goals.
(2) Information requested will relate to things such as the number of trade leads received, sales made and number of consumers reached.
(3) Exit surveys will not contain a request for any proprietary business information.
(4) When the Department requires the completion of an exit survey, an APPP participant shall submit the completed exit survey form to the Department within 4 weeks of completion of participation in the APPP activity.
(d) Failure to submit exit survey. When an exit survey is required by the Department, failure to submit a completed exit survey form within the 4-week period will result in a default on the part of the APPP participant. The Department may direct that the defaulting participant is not eligible for further APPP participation for 2 years. The Department may extend the verification deadline if it is determined the participant has made a reasonable effort to verify, but the verification was incomplete, or for extenuating circumstances.
(e) Determination of participation fees. Participation fees for approved participants for APPP activities not organized and controlled by the Department will be based on the Commonwealth recovering at least 50% of the activity's direct, nonstaff cost. Participation fees will not exceed more than 80% of the activity's standard fee to a normal commercial participant. Participation fees for approved participants for APPP activities organized and controlled by the Department will be based on the Commonwealth recovering not more than 50% of the activity's total direct cost.
§ 106.134. Application.
(a) Application required. Applicants shall submit applications to participate in APPP activities on forms provided by the Department at the address on the application.
(b) Application requirements. An application for an APPP activity will not be considered by the Department unless the following items are included:
(1) The name, address and contact information (to include telephone, facsimile and Internet, as available) of the participating company, or individual.
(2) The name and direct contact information for the designated activity contact.
(3) A detailed description of the company and products or services to be promoted.
(4) A signature by an authorized representative attesting to compliance with all provisions of the terms and conditions for participation in the APPP activity.
(5) Payment in full of the participation fee in the application and payable to the Department.
(c) Obtaining an application and assistance. An application for participation under this chapter shall be made on a form prepared by the Department. For applications and assistance, contact the Aquaculture Program, Bureau of Market Development, Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110, telephone (717) 783-8462, facsimile (717) 787-5643.
(d) Additional information. The Department may require an applicant to submit additional documentation as necessary to complete, verify or clarify the application.
(e) Application deadlines. Applications for participation under this chapter shall be received by the Department 90 days prior to the date of the APPP activity the applicant wishes to attend. The Department may approve an application submitted after this deadline if it determines there is adequate time for a thorough review of the application and to issue a written approval to the applicant.
§ 106.135. Review of applications.
(a) Evaluation. The Department will evaluate an application based on the applicant's eligibility as well as the factors in the act and this chapter.
(b) Applicant eligibility. The Department will review applications to determine applicant eligibility according to the criteria in this chapter. Only eligible applicants will be considered for participation in the APPP activity.
(c) Application completeness. An application for an APPP activity will not be considered by the Department unless it contains the required information and items in this chapter under § 106.134(b) (relating to application).
(d) Factors. Factors to be considered by the Department in selecting APPP participants include the following:
(1) Participation in previous APPP and other Department activities.
(2) Appropriateness of the applicant's particular product or service to the specific APPP activity.
(3) Ability of the applicant to provide a qualified sales representative during the entire APPP activity who will be able to negotiate sales and quantify terms.
(4) Ability of the applicant to be responsible for shipping all products used for display or sales and for all promotional materials to be used at the APPP activity.
(5) Amount of space required for the particular promotion.
(6) Ability to pay, or cost-share, the booth and or activity costs.
(e) Release and hold harmless. Eligible participants will release and hold harmless the Commonwealth and the Department and their agents and officers from any liabilities for any losses as a result of participation in the specific APPP activity. This includes late shipment, in transit damage or loss and unauthorized removal of equipment or supplies at the APPP activity.
§ 106.136. Processing of applications.
(a) Approval or denial. The Department may approve, approve with special conditions or reject applications and issue participation approval in accordance with the general considerations and criteria of the act and this chapter.
(b) Processing. An application for participation in an APPP activity will be processed in the following manner:
(1) Dating. The application will have the initial date of the postmark or initial date of receipt, whichever is earlier, noted on the application by Department staff. If the application is determined to be incomplete, the effective date of the application is the date on which all additional information is received and the application is determined by the Department to be complete. The date will be noted on the application.
(2) Completeness and accuracy. Upon receipt of an APPP application and the required supporting documentation, the Department will review the information for completeness and accuracy.
(3) Eligibility. Upon receipt of an APPP application and the required supporting documentation, the Department will review the information to verify applicant eligibility.
(4) Applications from ineligible applicants. An application from an ineligible applicant will be returned to the applicant with an explanation of why the applicant is considered ineligible.
(5) Incomplete or inaccurate application from eligible applicants. If the Department determines an application from an eligible applicant is incomplete or inaccurate, final processing of the application may be discontinued or additional data may be requested. If additional data is requested, the request will be in writing and will be sent to the applicant address listed on the APPP application. The processing of the application will cease until the applicant supplies the requested data. The Department may terminate the processing of an incomplete application when the additional data is not supplied within 10 business days of the request for the data.
(6) Order of participation availability. Availability of participation will be reserved in order of receipt of a completed application and full payment by the approved applicant.
(i) If an activity has more applicants than available slots, the Department may increase the number of slots available, or place applicants on a waiting list for space in the event of a cancellation or default.
(ii) The waiting list will be setup in order of receipt of a completed and approved application.
(iii) Slots that become available due to cancellation or default will be assigned in order of the waiting list.
(iv) The applicant on the waiting list will be notified in writing of a cancellation or default. The applicant will have 7 days from date of mailing of notification to respond in writing--either accepting or rejecting--the available slot.
(v) Payment in full shall accompany a letter of acceptance.
(vi) Failure to respond in 7 days from date of mailing of notification will be considered a rejection by the wait-listed applicant and the Department will notify the next applicant on the wait list.
(7) Advisory Committee. The Advisory Committee has no authority to and will not review or have input into individual APPP applications. The Advisory Committee will recommend overall program priorities for each program to the Department. Additionally, the Advisory Committee shall recommend the amount of funds to be allocated to each program.
§ 106.137. Notice of disposition of application.
(a) Applications deemed complete. The Department will notify applicants within 30 days of receipt of their completed application of a decision to approve, approve with special conditions or reject the application. Approved applicants shall submit the participation fee in the APPP application, in full, within 10 days of receipt of the Department's approval letter.
(b) Applications deemed incomplete or ineligible. Within 30 days of receipt of an application, the Department will notify the applicant of a decision to reject the application or notify the applicant of a deficiency in the application and request additional data. If additional data is requested, notification shall be in writing and detail the additional data needed. The Department will follow the procedure in § 106.136(b)(5) (relating to processing of applications).
§ 106.138. Approved participant cancellation policy.
(a) Deadline. Approved participants shall submit any cancellations in writing to the Department at least 30 days prior to the beginning date of the specific APPP activity.
(b) Reimbursement. In the event of cancellation by an approved participant, the Department will attempt to reallocate the APPP slot. If successful, 75% of the APPP participation fee for the activity will be returned to the canceling approved participant. Otherwise, the fee is forfeited to the Department in its entirety.
§ 106.139. Notice of program activity.
(a) Eligible applicants will be notified of APPP activities in any of the following manners:
(1) Pennsylvania Bulletin. Availability of upcoming APPP activities will be printed in the Pennsylvania Bulletin.
(2) Direct mailing. A mailing targeted to each aquaculture propagator or aquaculture-related business, or both, registered with the APPP administrator at the date of mailing.
(b) Information to be included in notice. The notice and mailing will include the activity name, dates (show and set-up), location, participation fee, activity package description, number of participation slots available and how an application may be requested.
§ 106.140. Conflict of interest.
A member of the Advisory Committee may apply for participation in APPP activities if all decisions regarding the application are subject to 65 Pa.C.S. § 1103(j) (relating to restricted activities) and the action does not violate the State Adverse Interest Act (71 P. S. §§ 776.1--776.9) or 4 Pa. Code Chapter 7, Subchapter K (relating to code of conduct for appointed officials and State employees).
§ 106.141. Recordkeeping.
An APPP participant shall maintain all receipts, supporting documents, exit reports and other documents pertaining to the APPP activity. These records shall be retained for 1 year beginning at the conclusion of the APPP activity. The records shall be made available to the Department upon request.
§ 106.142. Right of recovery.
The Department has the right to make claim for and receive from the approved participant any funds not expended in accordance with the act, this chapter or the participation agreement.
§ 106.143. Deficits.
The Department's financial obligation is limited to the participation fee for the specific activity.
Subchapter G. AQUACULTURE EXPORT PROMOTION PROGRAM Sec.
106.161. Program objections. 106.162. Limitations. 106.163. General conditions. 106.164. Application. 106.165. Review of applications. 106.166. Processing of applications. 106.167. Notice of disposition of application. 106.168. Approved participant cancellation policy. 106.169. Notice of program activity. 106.170. Conflict of interest. 106.171. Recordkeeping. 106.172. Cancellation/default. 106.173. Right of recovery. 106.174. Deficits. § 106.161. Program objectives.
The purpose of the AEPP is to increase export sales of aquaculture products and aquaculture supplies through buyer awareness of aquaculture product and supply availability and attributes.
(1) The AEPP will provide opportunities for industry representatives to participate in a variety of events such as food shows, recreational sports shows, pet and water gardening related trade shows, aquaculture industry shows and other related commercial trade shows or missions where international buyers of aquaculture products are expected to attend.
(2) The AEPP will facilitate contact between aquaculture propagators, suppliers and international buyers by arranging meetings with purchasers such as overseas importers, multinational corporations and United States based buyers for foreign companies and governments.
(3) The AEPP will increase international awareness of Commonwealth aquaculture products and services by organizing product awareness events.
§ 106.162. Limitations.
(a) Applicant eligibility. Only eligible applicants will be considered for the AEPP. To be eligible to participate in activities under the AEPP, applicants shall be registered Commonwealth aquaculture propagators or aquaculture-related companies in good standing, which are headquartered or have at least one manufacturing or production facility located in this Commonwealth and are subject to tax laws of the Commonwealth. Each applicant approved for participation shall comply with the criteria established by the act and this chapter, including the verification criteria and the licensing and governmental permitting requirements.
(b) Product/service eligibility. An applicant approved to participate in an AEPP activity may only promote and display aquaculture related products and services at that AEPP activity. A majority of the displayed products in an AEPP activity shall be grown or manufactured in this Commonwealth. The products shall meet State and Federal requirements for the specific product.
(c) Extent of program activities. The AEPP will organize participation in international trade shows and promotional activities for eligible applicants.
(d) Use of funds. Funds allocated for the AEPP shall be used solely for the purposes in this chapter.
(e) Funds available basis. Program activities will not be undertaken unless funds are available.
§ 106.163. General conditions.
(a) Participation agreement. The approved, signed application for an AEPP activity will constitute the participation agreement.
(1) The participant desiring to take part in an AEPP sponsored activity shall sign the application.
(2) The application will set forth the amount of the participation fee and other terms and conditions as the Department may reasonably require.
(3) Upon receipt of a completed, signed application, the Department will review and process the application set forth in this chapter.
(4) The Department will then issue an approval or denial of the application.
(5) Approved applicants will be registered for the AEPP activity upon receipt of the participation fee in the AEPP application.
(b) Default. A participant who fails to abide by the terms of the participation agreement or the provisions of the act or this chapter shall be in default.
(c) Exit survey. The Department may require an AEPP participant to submit a completed exit survey form.
(1) The requirement will be set forth in the AEPP application. The Department will develop an exit survey form.
(2) The exit survey form will include questions relating to the participant's involvement in the relevant activity to determine the degree to which the activity contributes to the programs goals.
(3) Information requested will relate to things such as the number of trade leads received, sales made and number of consumers reached.
(4) Exit surveys will not contain a request for any proprietary business information.
(5) When the Department requires the completion of an exit survey, within 4 weeks of completion of participation in an AEPP activity, the participant shall submit to the Department a completed exit survey form.
(d) Failure to submit exit survey. When an exit survey is required by the Department, failure to submit the exit survey within the 4-week period will result in a default on the part of the AEPP participant.
(1) The Department may direct that the defaulting participant is not eligible for further AEPP participation for 2 years.
(2) The Department may extend the verification deadline if it is determined the participant has made a reasonable effort to verify, but the verification was incomplete, or for extenuating circumstances.
(e) Determination of participation fees. Participation fees for approved participants for AEPP activities not organized and controlled by the Department will be based on the Commonwealth recovering at least 50% of the activity's direct, nonstaff cost.
(1) Participation fees will not exceed more than 80% of the activity's standard fee to a normal participant.
(2) Participation fees for approved participants for AEPP activities organized and controlled by the Department will be based on the Commonwealth recovering not more than 50% of the activity's total direct cost.
§ 106.164. Application.
(a) Application required. Applicants shall submit applications to participate in AEPP activities on forms provided by the Department at the address set forth on the application.
(b) Application requirements. An application for an AEPP activity will not be considered by the Department unless the following items are included:
(1) The name, address and contact information (to include telephone, facsimile and Internet, as available) of the participating company, or individual.
(2) The name and direct contact information for the designated activity contact.
(3) A detailed description of the company and products or services to be promoted.
(4) A signature by an authorized representative attesting to compliance with the provisions of the terms and conditions for participation in the AEPP activity.
(5) Payment in full of the participation fee in the application and payable to the Department of Agriculture.
(c) Obtaining an application and assistance. An application for participation under this chapter shall be made on a form prepared by the Department. For applications and assistance, contact the Aquaculture Program, Bureau of Market Development, Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110, telephone (717) 783-8462, facsimile (717) 787-5643.
(d) Additional information. The Department may require an applicant to submit additional documentation as may be necessary to complete, verify or clarify the application.
(e) Application deadlines. Applications for participation under this chapter shall be received by the Department 90 days prior to the date of the AEPP activity the applicant wishes to attend. The Department may approve an application submitted after this deadline if it determines there is adequate time for a thorough review of the application and to issue a written approval to the applicant.
§ 106.165. Review of applications.
(a) Evaluation. The Department will evaluate an application based on the applicant eligibility as well as the factors in the act and this chapter.
(b) Applicant eligibility. The Department will review applications to determine applicant eligibility according to the criteria in this chapter. Only eligible applicants will be considered for participation in the AEPP activity.
(c) Application completeness. An application for an AEPP activity will not be considered by the Department unless it contains the required information and items in this chapter under § 106.164(b) (relating to application).
(d) Factors. Factors to be considered by the Department in selecting AEPP participants include the following:
(1) Participation in previous AEPP and other Department activities.
(2) Appropriateness of the applicant's particular product or service to the specific AEPP activity.
(3) Ability of the applicant to provide a qualified sales representative during the entire AEPP activity who will be able to negotiate sales and quantify terms.
(4) Ability of the applicant to be responsible for shipping the products used for display or sales and for the promotional materials to be used at the AEPP activity.
(5) Amount of space required for the particular promotion.
(6) Ability to pay, or cost-share, the booth and or activity costs.
(e) Release and hold harmless. Eligible participants will release and hold harmless the Commonwealth and the Department and their agents and officers from any liabilities for any losses as a result of participation in the specific APEP activity. This includes late shipment, in-transit damage or loss and unauthorized removal of equipment or supplies at the AEPP activity.
§ 106.166. Processing of applications.
(a) Approval or denial. The Department may approve, approve with special conditions or reject applications and issue participation approval in accordance with the general considerations and criteria of the act and this chapter.
(b) Processing. An application for participation in an AEPP activity will be processed in the following manner:
(1) Dating. The application will have the initial date of the postmark will be the date on which all additional information is received and the application is determined by the Department be complete. The date will be noted on the application.
(2) Completeness and accuracy. Upon receipt of an AEPP application and the required supporting documentation, the Department will review the information for completeness and accuracy.
(3) Eligibility. Upon receipt of an AEPP application and the required supporting documentation, the Department will review the information to verify applicant eligibility.
(4) Applications from ineligible applicants. An application from an ineligible applicant will be returned to the applicant with an explanation of why the applicant is considered ineligible.
(5) Incomplete and inaccurate application from eligible applicants. If the Department determines an application from an eligible applicant to be incomplete or inaccurate, final processing of the application may be discontinued or additional data may be requested. If additional data is requested, the request will be in writing and will be sent to the applicant address listed on the AEPP application. The processing of the application will cease until the applicant supplies the requested data. The Department may terminate the processing of an incomplete application when the additional data is not supplied within 10 business days of the request for the data.
(6) Order of participation availability. Availability of participation will be reserved in order of receipt of a completed application and full payment by an approved applicant. If an activity has more applicants than available slots the Department may increase the number of slots available, or place applicants on a waiting list for space in the event of a cancellation or default.
(i) The waiting list will be setup in order of receipt of a completed and approved application.
(ii) Slots, which become available due to cancellation or default, will be assigned in order of the waiting list.
(iii) Applicants on the waiting list will be notified in writing of a cancellation or default. That person will have 7 days from date of notification to respond in writing--either accepting or rejecting--the available slot.
(iv) Payment in full must accompany a letter of acceptance.
(v) Failure to respond in 7 days from date of notification will be considered a rejection by the wait-listed applicant and the Department will notify the next applicant on the wait list.
(7) Advisory Committee. The Advisory Committee has no authority to and will not review or have input into individual AEPP applications. The Advisory Committee will recommend overall program priorities for each program to the Secretary. Additionally, the Advisory Committee will recommend the amount of funds to be allocated to each program.
§ 106.167. Notice of disposition of application.
(a) Applications deemed complete. The Department will notify applicants within 30 days of receipt of their completed application of a decision to approve, approve with special conditions or reject the application. Approved applicants shall submit the participation fee in the AEPP application, in full, within 10 days of receipt of the Department's approval letter.
(b) Applications deemed incomplete or ineligible. Within 30 days of receipt of an application, the Department will notify the applicant of a decision to reject the application or notify the applicant of a deficiency in the application and request additional data. If additional data is requested, notification will be in writing and detail the additional data needed. The Department will follow the procedures in § 106.166(b)(5) (relating to processing of applications).
§ 106.168. Approved participant cancellation policy.
(a) Deadline. Approved participants shall submit any cancellations in writing to the Department at least 30 days prior to the beginning date of the specific AEPP activity.
(b) Reimbursement. In the event of cancellation by an approved applicant, the Department will attempt to reallocate the AEPP slot. If successful, 75% of the AEPP participation fee for the activity will be returned to the canceling approved participant. Otherwise, the fee is forfeited to the Department in its entirety.
§ 106.169. Notice of program activity.
(a) Eligible applicants will be notified of AEPP activities in any of the following manners:
(1) Pennsylvania Bulletin. Availability of upcoming AEPP activities will be printed in the Pennsylvania Bulletin.
(2) Direct mailing. A mailing targeted to each aquaculture propagator or aquaculture-related business, or both, registered with the AEPP administrator at the date of mailing.
(b) Information to be included in notice. The notice and mailing will include the activity name, dates (show and set-up), location, participation fee, activity package description, number of participation slots available and how an application may be requested.
§ 106.170. Conflict of interest.
A member of the Advisory Committee may apply for participation in AEPP activities if all decisions regarding the application are subject to 65 Pa.C.S. § 1103(j) (relating to restricted activities) and the action does not violate the State Adverse Interest Act (71 P. S. §§ 776.1--776.9) or 4 Pa. Code Chapter 7, Subchapter K (relating to code of conduct for appointed officials and State employees).
§ 106.171. Recordkeeping.
An AEPP participant shall maintain all receipts, supporting documents, exit reports and other documents pertaining to the AEPP activity. These records shall be retained for 1 year beginning at the conclusion of the activity. The records shall be made available to the Department upon request.
§ 106.172. Cancellation/default.
An activity or participant approval may be canceled by the Department upon a determination that the approved participant has violated any provision of the act, this chapter or the participation agreement, the approved participant violated the activity's rules, or upon failure of the approved participant to satisfy the verification requirements of this chapter.
§ 106.173. Right of recovery.
The Department has the right to make claim for and receive from the approved participant any funds not expended in accordance with the act, this chapter or the participation agreement.
§ 106.174. Deficits.
The Department's financial obligation is limited to the participation fee for the specific activity.
[Pa.B. Doc. No. 02-891. Filed for public inspection May 17, 2002, 9:00 a.m.]
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