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PRIOR PRINTER'S NOS. 354, 1367
PRINTER'S NO. 1420
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
50
Session of
2015
INTRODUCED BY SCHWANK, FOLMER, TEPLITZ, FARNESE, LEACH,
YUDICHAK, WOZNIAK, McILHINNEY AND SMUCKER, FEBRUARY 12, 2015
AS AMENDED ON SECOND CONSIDERATION, NOVEMBER 17, 2015
AN ACT
Establishing an industrial hemp industry in this Commonwealth;
conferring powers and imposing duties on the Department of
Agriculture; and prescribing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Industrial
Hemp Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agricultural pilot program." A pilot program to research
the growth, cultivation or marketing of industrial hemp in a
manner that:
(1) assures only the department or institutions of
higher education within this Commonwealth are utilized to
conduct such research; and
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(2) requires the department to permit and regulate the
institutions of higher education and sites, entities or
individuals utilized by the institutions of higher education
to grow or cultivate industrial hemp as allowed under this
act.
"Department." The Department of Agriculture of the
Commonwealth.
"Industrial hemp." The plant cannabis sativa l. and any part
of such plant, whether growing or not, with a delta-9
tetrahydrocannabinol concentration of not more than 0.3% on a
dry weight basis.
"Institution of higher education." As defined under section
101 of the Higher Education Act of 1965 (Public Law 89-329, 79
Stat. 1219).
"Secretary." The Secretary of Agriculture of the
Commonwealth.
Section 3. Industrial hemp.
(a) Authority.--The department shall have the authority to
regulate and permit industrial hemp under this act in a manner
consistent with the provisions of this act and all Federal laws,
regulations and orders, and notwithstanding any laws of the
Commonwealth to the contrary.
(b) Activities authorized.--Notwithstanding the Controlled
Substances Act (Public Law 91-513, 84 Stat. 1236), the Safe and
Drug-Free Schools and Communities Act (Public Law 107-110, 20
U.S.C. § 7101 et seq.), 41 U.S.C. Ch. 81 (relating to drug-free
workplace) or any other Federal law or the laws of this
Commonwealth, including the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, and 18 Pa.C.S. § 7508(a)(1)(relating to drug
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trafficking sentencing and penalties), the department under its
pilot program, or an institution of higher education within this
Commonwealth holding a permit from the department, may grow or
cultivate industrial hemp for the purpose of research, including
marketing studies.
(c) Oilseed.--Industrial hemp shall be recognized as an
oilseed in this Commonwealth.
Section 4. Department.
(a) Powers and duties.--The department shall have the
following powers and duties:
(1) To develop and implement regulations and permitting
requirements necessary to carry out the provisions of this
act, including research conducted under section 5.
(2) To issue, renew, deny, revoke, suspend or refuse to
renew permits to conduct research on the cultivation, growth
or marketing of industrial hemp.
(3) To develop an application for permits.
(4) To create and maintain a database of permitted
institutions of higher education and sites, entities or
individual growers whom the institutions have utilized.
(5) To inspect the facilities, sites, seeds, plants,
individual growers and other items or entities utilized by
each permitted institution of higher education to ensure
compliance with this act and regulations promulgated under
this act.
(6) To establish permit requirements for the use or
reuse of seeds, crops or products produced as the end result
of any approved research program undertaken by an institution
of higher education under this act.
(7) To establish, through regulation as set forth under
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section 6, reasonable permitting and inspection fees that may
not exceed the actual cost of administering this act.
(8) Notwithstanding any provisions of 3 Pa.C.S. Ch. 71
(relating to seed) and its attendant regulations, to regulate
the labeling and testing of industrial hemp and industrial
hemp seeds within this Commonwealth.
(9) To establish, through regulation as set forth under
section 6, guidelines for research conducted under section 5.
(b) Report.--Beginning one year after the effective date of
this act, and annually thereafter, the department shall submit
to the majority chairperson and minority chairperson of the
Agriculture and Rural Affairs Committee of the Senate and the
majority chairperson and minority chairperson of the Agriculture
and Rural Affairs Committee of the House of Representatives a
report detailing the following:
(1) The number of institutions of higher education,
sites, entities and individual growers permitted under this
act.
(2) A description of the regulations and permitting
requirements implemented since the previous report.
(3) Any suspensions, revocations, refusals to renew or
deny and the reasons for those dispositions.
(4) A financial accounting of the fees taken in and the
expenditures of the department to carry out this act.
(5) A summary of all research derived from this act.
(6) Any other information requested by the General
Assembly.
Section 5. Research.
The department may develop an agricultural pilot program and
may grow or cultivate INDUSTRIAL hemp for research purposes
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under the agricultural pilot program. In addition, an
institution of higher education located in this Commonwealth may
apply to the department to conduct research in accordance with
this act and the regulations promulgated under this act.
Section 6. Regulations.
(a) Requirement.--The department shall promulgate
regulations as necessary to implement this act. The regulations
shall include permitting requirements.
(b) Temporary regulations.--In order to facilitate the
implementation of this act, regulations promulgated by the
department shall be deemed temporary regulations which shall
expire not later than two years following the publication of the
temporary regulation. The temporary regulations shall include
permitting and other requirements necessary to implement the
provisions of this act. Temporary regulations shall not be
subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(c) Expiration.--The department's authority to adopt
temporary regulations under subsection (b) shall expire two
years after the effective date of this section. Regulations
adopted after this period shall be promulgated as provided by
law.
(d) Publication.--The department shall begin publishing
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temporary regulations in the Pennsylvania Bulletin no later than
three months following the effective date of this section.
Section 7. Contracted persons.
An institution of higher education holding a permit to
conduct an agricultural pilot program may contract with entities
and individual growers to the extent necessary to carry out the
program. The contract terms shall incorporate the provisions of
the permit issued to the institution of higher education. The
entity or individual grower shall be subject to the terms and
requirements of the permit issued to the institution of higher
education and to enforcement by the department for violations of
the provisions of this act, any regulation issued pursuant to
this act or the permit.
Section 8. Noncriminal offense.
Activities conducted in compliance with this act shall not be
in violation of the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and Cosmetic
Act, and 18 Pa.C.S. § 7508(a)(1) (relating to drug trafficking
sentencing and penalties) or any other law of this Commonwealth
regulating the growth or cultivation of industrial hemp.
Section 9. Criminal and civil penalties.
(a) Criminal penalties.--Any person that violates any of the
provisions of this act or any rules or regulations issued
pursuant to this act or who impedes, obstructs, hinders or
otherwise prevents or attempts to prevent the department in
performance of its duty in connection with the provisions of
this act or the regulations promulgated under this act commits a
summary offense and shall, upon conviction, be sentenced to pay
a fine of not less than $100 nor more than $300 for the first
violation and not less than $500 nor more than $1,000 for a
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subsequent violation that occurs within one year of the first
conviction.
(b) Civil penalties.--The following shall apply:
(1) In addition to any other remedy available at law or
in equity for a violation of this act, or the regulations
promulgated under this act, the department may assess a civil
penalty of not more than $5,000, plus cost of remediation,
containment or eradication, upon any person for each
violation of this act or a regulation promulgated or order
issued under authority of this act. The civil penalty
assessed shall be payable to the department. Such penalty
amount shall be collectible in any manner provided by law for
the collection of debt, including referring any collection
matter to the Office of Attorney General, which shall recover
such amount by action in the appropriate court.
(2) No civil penalty shall be assessed unless the person
has been given notice and an opportunity for a hearing on the
assessment in accordance with the provisions of 2 Pa.C.S.
Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
review of Commonwealth agency action).
(c) Civil remedy.--In addition to any other remedies
provided for under this act, the Attorney General, at the
request of the secretary, may initiate, in the Commonwealth
Court or the court of common pleas of the county in which the
defendant resides or has his or her place of business, an action
in equity for an injunction to restrain any and all violations
of this act or the rules and regulations promulgated under this
act or an order of the department from which no timely appeal
has been taken or which has been sustained on appeal. In any
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such proceeding, the court shall, upon motion of the
Commonwealth, issue a preliminary injunction if it finds that
the defendant is engaging in conduct which is causing immediate
or irreparable harm to the public. The Commonwealth shall not be
required to furnish bond or other security in connection with
these proceedings. In addition to an injunction, the court may
levy civil penalties as provided for under this act.
Section 10. Disposition of funds.
(a) Deposit.--Money received from licensing, permitting
fees, fines and penalties shall be paid into a special
restricted account in the General Fund known as the Plant Pest
Management Account. All money deposited in the Plant Pest
Management Account is appropriated to the department for the
purpose of this act and the act of December 16, 1992 (P.L.1228,
No.162), known as the Plant Pest Act, and may not replace money
appropriated to the account as provided under subsection (b).
(b) Supplements.--The Plant Pest Management Account may be
supplemented by money received from the following sources:
(1) State funds appropriated by the General Assembly to
the department for purposes of this act.
(2) Federal funds appropriated to the department for
purposes of this act.
(3) Gifts and other contributions from public or private
sources for purposes of this act.
Section 11. Repeals.
All acts and parts of acts are repealed insofar as they are
inconsistent with this act.
Section 12. Expiration.
The provisions of this act shall expire 60 days after the
United States Department of Agriculture has been authorized to
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regulate industrial hemp.
Section 13. Effective date.
This act shall take effect in 60 days.
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