SENATE AMENDED
PRIOR PRINTER'S NOS. 1792, 2820, 3123 PRINTER'S NO. 3375
No. 1530 Session of 1991
INTRODUCED BY STEELMAN, COLE, BARLEY, DeWEESE, STEIGHNER, COY,
RUDY, GIGLIOTTI, FREEMAN, TRELLO, G. SNYDER, DERMODY, MELIO,
BROUJOS, CAPPABIANCA, HERMAN, JOSEPHS, CARLSON, PISTELLA,
LLOYD, PESCI, COLAIZZO, MARKOSEK, BISHOP, BUSH, NOYE, ARGALL,
NYCE AND CARONE, JUNE 3, 1991
SENATOR HELFRICK, AGRICULTURE AND RURAL AFFAIRS, IN SENATE, AS
AMENDED, MARCH 30, 1992
AN ACT
1 Establishing an Agricultural Advisory Board in the Department of
2 Environmental Resources and prescribing its powers and
3 duties; and providing for rules and regulations adopted by
4 the Environmental Quality Board.
5 The General Assembly finds and declares as follows:
6 (1) Agriculture is this Commonwealth's number one industry.
7 The citizens of this Commonwealth have, through their vote,
8 affirmed the preservation of agriculture as a vital public
9 policy. The family farmers of this Commonwealth have a deep and
10 rich history of responsible land stewardship. This
11 Commonwealth's first environmentalists were farmers. State
12 agencies must be more mindful of the impact that certain
13 policies, rules and regulations impose upon the family farmers
14 of this Commonwealth.
15 (2) The intent of this act is to ensure that the
16 agricultural impact of certain Commonwealth policies, rules and
1 regulations receive due consideration and to ensure that the
2 agricultural community and agricultural experts have the
3 opportunity to provide comment regarding these policies, rules
4 and regulations.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Agricultural
9 Advisory Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Board." The Agricultural Advisory Board established in
15 section 3.
16 "Department." The Department of Environmental Resources of
17 the Commonwealth.
18 "Normal farming practices." The customary and generally
19 accepted activities, practices and procedures that farmers
20 adopt, use or engage in year after year in the production and
21 preparation for market of crops, livestock and livestock
22 products and in the production and harvesting of agricultural,
23 agronomic, horticultural, silvicultural and aquacultural crops
24 and commodities.
25 "Organic agricultural product." An agricultural product,
26 produced by private individuals or organizations who reside or
27 do business in this Commonwealth and are certified by the United
28 States Department of Agriculture, that conforms to the
29 regulations promulgated pursuant to the Organic Foods Production
30 Act of 1990 (Public Law 101-624, 104 Stat. 3935).
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1 "Secretary." The Secretary of Environmental Resources of the
2 Commonwealth.
3 Section 3. Establishment of board.
4 (a) Creation.--There is hereby established in the Department
5 of Environmental Resources the Agricultural Advisory Board.
6 (b) Members.--The following persons shall comprise the
7 board:
8 (1) Representatives of the Pennsylvania Farmers
9 Association, the Pennsylvania State Grange and the
10 Pennsylvania Farmers Union. Each of these organizations shall
11 annually name one person to represent it under this
12 paragraph.
13 (2) A dairy producer, a livestock producer, a poultry
14 producer, a grain producer, a producer of an organic
15 agricultural product or products and either a fruit or
16 vegetable producer. The Governor shall appoint these
17 representatives to sit for a three-year term.
18 (3) Representatives of the Pennsylvania Association of
19 Conservation District Directors and The Pennsylvania State
20 University. Each of these organizations shall annually name
21 one person to represent it under this paragraph.
22 (4) Representatives of the Federal Soil Conservation
23 Service and the Federal Agricultural Stabilization and
24 Conservation Service. Each of these organizations shall
25 annually name one person to represent it under this paragraph
26 ex officio.
27 (5) Representatives of the Department of Agriculture and
28 the Department of Environmental Resources. Each department
29 shall annually name one person to represent it under this
30 paragraph ex officio.
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1 (6) THE MAJORITY CHAIRMAN AND THE MINORITY CHAIRMAN OF <--
2 THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE SENATE OR
3 THEIR DESIGNEES AND THE MAJORITY CHAIRMAN AND THE MINORITY
4 CHAIRMAN OF THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF
5 THE HOUSE OF REPRESENTATIVES OR THEIR DESIGNEES TO REPRESENT
6 THE GENERAL ASSEMBLY EX OFFICIO.
7 (c) Chairman.--The members designated under subsection
8 (b)(1) shall annually rotate as board chairman.
9 (d) Staff.--The Department of Environmental Resources shall
10 furnish the board with administrative support.
11 (e) Organic agricultural product producer.--Prior to
12 adoption of the regulations pursuant to the Organic Foods Act of
13 1990 (Public Law 101-624, 104 Stat. 3935) and the certification
14 of organic agricultural product producers by the United States
15 Department of Agriculture, the Governor shall appoint an organic
16 farmer using criteria prevailing in the industry.
17 Section 4. Powers and duties of board.
18 (a) General rule.--The board shall have the following powers
19 and its duties shall be to:
20 (1) Provide advice and expertise to the secretary
21 regarding the nature of normal farming practices in this
22 Commonwealth.
23 (2) Assist the secretary and provide comment prior to
24 the development of departmental policy that will impact upon
25 normal farming practices in this Commonwealth.
26 (3) Assist the secretary and provide comment prior to
27 the promulgation of regulations, rules, guidelines and
28 statements of policy that will impact upon normal farming
29 practices in this Commonwealth.
30 (4) Provide comment to the secretary regarding existing
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1 departmental policy that will affect normal farming practices
2 in this Commonwealth.
3 (b) Exempt regulations.--Regulations subject to review by
4 the seasonal farm labor committee under the act of June 23, 1978
5 (P.L.537, No.93), known as the Seasonal Farm Labor Act, are
6 exempt from review under subsection (a).
7 Section 5. Powers of Environmental Quality Board.
8 The Environmental Quality Board shall have no power to adopt
9 rules or regulations affecting normal farming practices <--
10 AGRICULTURE until receipt of written comments on the proposed <--
11 rules or regulations from the board or until 90 days have
12 expired from the date when the rules and regulations were
13 submitted by the secretary to the board for their comments.
14 Section 6. Effective date.
15 This act shall take effect in 60 days.
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