Made in PA

By Benjamin Norman 

In an attempt to help Pennsylvania manufacturers, House Bill 1930 is a promise that the government will encourage the buying of Pennsylvania made products. Under the bill, the Department of Community and Economic Development (“Department“) has the power to “take the actions necessary and appropriate to create, register, maintain, license, promote and protect a Made in PA logo trademark.”[1] The Department may also use the trademark “in connection with the sale, marketing and promotion of a member’s Pennsylvania-made commodity under the member’s membership agreement with the department.”[2] A Pennsylvania-made commodity includes any tangible product that is produced, manufactured, or assembled inside the state with the purpose of being transported into commerce.[3] The Department hopes that through the creation, promotion, and marketing of trademarks that more consumers will be aware of which products come from the state and then be enticed to buy such products. However, before reaping the benefits of the bill, a business must become a member of the program.  

To become a member of the program, a business must comply with §4 of the proposed bill. The steps to take are as follows: 1) submit an application on a form that the department will provide; 2) allow the department to certify that the business is qualified; 3) if the department creates any additional requirements, the business must comply with those; and 4) enter into a membership agreement with the department.[4] The department will enter into membership agreements provided that the business can satisfy the first three requirements. The agreements will then provide the terms and conditions for which the business must follow to keep its status as a member.

A business that is able to secure a membership will be able to take advantage of the Made in PA logo being connected to their products. The Department will have the authority to design the logo, and then place it in any type of promotional material connected to the product.[5]

Keep in mind that there may be charges involved for members. Under Section 7, the Department is granted the power to charge an annual fee for membership, charge for costs incurred for the member’s participation in an event conducted by the Department, and charge for the costs in producing and promoting the promotional materials.[6]

 The Made in PA program intends to increase awareness for buying Pennsylvania products. The bill does lack specifics on how the program will be implemented. Therefore, businesses that produce Pennsylvania-made commodities as defined in the bill should keep a close eye on the regulations the Department will follow the passage of the bill.

 While the bill is still in its infancy stages and is very lean as to substance, entities that qualify as producing PA-made commodities should be excited for the program. The logo will operate as a trademark that will be affiliated with PA Made products, which may enhance sales as consumers could view the products as more reliable.

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[1] H.R. 1390, 2021-2022 Leg., 250th Gen. Assemb. § 3 (Pa. 2021). 

[2] Id.

[3] Id. at § 2

[4] Id. at § 4

[5] Id. at § 1.

[6] Id. at § 7.