| UNITED STATES |
| SECURITIES AND EXCHANGE COMMISSION |
| Washington, D.C. 20549 |
| ______________________________ |
| FORM 8-K |
| CURRENT REPORT |
| Pursuant to Section 13 or 15(d) of the |
| Securities Exchange Act of 1934 |
| August 29, 2008 |
| Date of Report (Date of earliest event reported) |
| The Hershey Company |
| (Exact name of registrant as specified in its charter) |
| Delaware |
| (State or other jurisdiction of incorporation) |
| 1-183 | 23-0691590 |
| (Commission File Number) | (IRS Employer Identification No.) |
| 100 Crystal A Drive, Hershey, Pennsylvania 17033 |
| (Address of Principal Executive Offices) (Zip Code) |
| Registrant's telephone number, including area code: (717) 534-4200 |
| Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: |
| [ ] | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
[ ] | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
[ ] | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
[ ] | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
INFORMATION TO BE INCLUDED IN REPORT
| Item 5.02 | Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers |
On September 2, 2008, The Hershey Company (“Company”) announced that its Board of Directors (“Board”) increased the size of the Board from nine to ten members and elected David L. Shedlarz a director, effective August 29, 2008. Mr. Shedlarz will serve on the Audit Committee.
Mr. Shedlarz will be compensated for his service on the Board in accordance with the Company’s Directors’ Compensation Plan. There are no transactions that require disclosure pursuant to Item 404(a) of Regulation S-K as a result of the election of Mr. Shedlarz to the Board.
A copy of the Company’s press release is filed herewith as Exhibit 99.1.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
Date: September 3, 2008
| THE HERSHEY COMPANY | |
By: /s/ Burton H. Snyder | |
Burton H. Snyder, Senior Vice President, General Counsel and Secretary |
EXHIBIT INDEX
| Exhibit No. | Description |
| 99.1 | The Hershey Company Press Release dated September 2, 2008 |