See other bills
under the
same topic
PRINTER'S NO. 1004
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
792
Session of
2017
INTRODUCED BY ALLOWAY, BLAKE AND RAFFERTY, JUNE 22, 2017
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JUNE 22, 2017
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, repealing provisions relating to fertilizer;
providing for fertilizer; in soil and plant amendment,
further providing for disposition of funds; and, in seed,
further providing for disposition of funds.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Chapter 67 of Title 3 of the
Pennsylvania Consolidated Statutes is repealed:
[CHAPTER 67
FERTILIZER]
Section 2. Chapter 67 of Title 3 is repealed:
[§ 6701. Short title of chapter.
This chapter shall be known and may be cited as the
Fertilizer Act.
§ 6702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Brand." A term, design or trademark used in connection with
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
one or several grades of fertilizer.
"Bulk fertilizer." A fertilizer distributed in a nonpackaged
form.
"By-product." Municipal waste or residual waste as defined
in the act of July 7, 1980 (P.L.380, No.97), known as the Solid
Waste Management Act, that contains a plant nutrient and meets
all the applicable regulations of the Department of
Environmental Protection.
"Consumer." A person who purchases fertilizer for the end
use of the product.
"Deficiency." The amount of nutrient found by analysis to be
less than that guaranteed.
"Department." The Department of Agriculture of the
Commonwealth.
"Distribute." To import, consign, offer for sale, sell,
barter or otherwise supply fertilizer in this Commonwealth.
"Facility." Each separate mill or plant that manufactures
fertilizer.
"Fertilizer." Any substance, including fertilizer material,
mixed fertilizer, specialty fertilizer and bulk fertilizer,
containing one or more recognized plant nutrients which is used
for its plant nutrient content and which is designed for use or
claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manure, agricultural liming
materials, wood ashes and other materials exempted by regulation
by the Department of Agriculture.
"Fertilizer material." A fertilizer which:
(1) contains only one of the following primary plant
nutrients: nitrogen, phosphate or potash;
(2) has 85% or more of its plant nutrient content
20170SB0792PN1004 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
present in the form of a single chemical compound; or
(3) is derived from a plant or animal residue, by-
product, coproduct as defined in regulation or natural
material deposit which has been processed in such a way that
its content of plant nutrients has not been materially
changed except by purification and concentration.
"Grade." The percentage of total nitrogen, available
phosphate and soluble potash stated in whole numbers in the same
terms, order and percentages as in the guaranteed analysis
except that, with respect to specialty fertilizers, fertilizer
materials, bone meal, manures and similar materials, the
guaranteed analysis may be stated in fractional units.
"Guaranteed analysis." The minimum percentage of plant
nutrients claimed in the following order and form:
Total nitrogen (N) %
Available phosphate (P2O5) %
Soluble potash (K2O) %
For other organic phosphatic materials, the total phosphate or
degree of fineness may also be guaranteed. Guarantees for plant
nutrients other than nitrogen, phosphorus and potassium may be
established by regulation.
"Guarantor." The person whose name and address appears on
the label of a fertilizer.
"Label." The display of all written, printed or graphic
matter upon the immediate container or a statement accompanying
a fertilizer.
"Labeling." All written, printed or graphic matter upon or
accompanying any fertilizer or advertisements, brochures,
posters or electronic media used in promoting the distribution
of fertilizer.
20170SB0792PN1004 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Manufacture." To produce, mix, blend, repackage or further
process fertilizer or fertilizer material for distribution.
"Micronutrient." Any of the following: boron, chlorine,
cobalt, copper, iron, manganese, molybdenum, sodium and zinc.
"Official sample." A sample of fertilizer taken by the
Department of Agriculture or its agent to effect the provisions
of this chapter and designated as official.
"Overall index value." The value obtained from the
calculation: (commercial value found) x 100/(commercial value
guaranteed).
"Percent" or "percentage." A percentage by weight.
"Person." An individual, partnership, association, firm,
corporation or any other legal entity.
"Plant nutrient." Any of the following: primary nutrient,
secondary nutrient and micronutrient.
"Primary nutrient." Any of the following: total nitrogen,
available phosphate and soluble potash.
"Secondary nutrient." Any of the following: calcium,
magnesium and sulfur.
"Secretary." The Secretary of Agriculture of the
Commonwealth or the secretary's designee.
"Specialty fertilizer." A fertilizer distributed for nonfarm
use and fertilizer material primarily intended to supply plant
nutrients other than nitrogen, phosphate or potash.
"Tolerance." A permitted variation from the guarantee of an
official sample of fertilizer.
§ 6703. Licensing.
(a) General rule.--Every person engaged in the manufacture
of fertilizer to be distributed in this Commonwealth and every
guarantor of fertilizer shall, on or before July 1 of each year
20170SB0792PN1004 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
or prior to manufacture or distribution, apply for and obtain an
annual license for each guarantor and each facility located in
this Commonwealth. The application for licensure must be on the
form prescribed by the department and shall be accompanied by a
$25 application fee. All licenses shall expire on June 30 of
each year.
(b) Labeling and typical analysis.--The department may
require an applicant for a license or a current licensee to
submit the labeling that the person is using or intends to use
for the fertilizer. The department may also require an applicant
or licensee to provide a typical analysis of selected components
that may be in the fertilizer.
§ 6704. Registration of specialty fertilizers.
(a) Application.--Each brand and grade of specialty
fertilizer shall be registered by the guarantor with the
department before being offered for sale, sold or distributed in
this Commonwealth. An application for each brand and grade of
specialty fertilizer shall be made on a form prescribed by the
department and shall be accompanied by a fee of $25 per each
grade of each brand. Labels for each brand and grade shall
accompany the application. Upon the approval of an application
by the department, a copy of the registration shall be furnished
to the applicant. All registrations shall expire on June 30 of
each year.
(b) Contents of application.--An application for
registration shall include:
(1) The brand and grade.
(2) The guaranteed analysis.
(3) The name and address of the guarantor.
(4) The net weight.
20170SB0792PN1004 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(c) Exemption.--A distributor shall not be required to
register a specialty fertilizer which is already registered
under this chapter by another person, providing the label does
not differ in any material respect.
(d) Late fee.--If the application for renewal of the
specialty fertilizer registration required in this section is
not filed prior to June 30 of each year, a penalty of $25 or 10%
of the registration fee, whichever is greater, may be assessed
and added to the original fee and shall be paid by the applicant
before the renewal specialty fertilizer registration is issued.
The penalty shall not apply if the applicant furnished an
affidavit that the applicant has not distributed the specialty
fertilizer subsequent to the expiration of the applicant's prior
registration.
§ 6705. Labels and labeling.
(a) General rule.--Any fertilizer distributed in a container
in this Commonwealth shall have placed on or affixed to the
container a label setting forth in legible and conspicuous form:
(1) The brand and grade of the fertilizer, provided that
the grade shall not be required when no primary nutrients are
claimed.
(2) The guaranteed analysis.
(3) The name and address of the guarantor.
(4) The net weight.
(b) Bulk fertilizer.--In the case of bulk fertilizer
shipments, the information required by subsection (a) shall
accompany delivery and shall be provided in writing to the
purchaser at time of delivery.
(c) Other guarantees.--Guarantees for other nutrients shall
be expressed in the form of the element. The department may
20170SB0792PN1004 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
require by regulation that the source of such other nutrients be
stated on the application for registration and may be required
on the label. The department may require by regulation that
other beneficial substances or compounds be guaranteed. When any
plant nutrients or other substances or compounds are guaranteed,
they shall be subject to inspection and analysis in accordance
with the methods and regulations prescribed by the department.
(d) Proof of labeling claims.--The department may require
proof of any labeling claims made for fertilizer. Any research
in support of such claims shall be performed by an institution
approved by the department utilizing acceptable scientific
methodology.
(e) Consumer-specified fertilizer formulations.--A
fertilizer formulated according to specifications which are
furnished by a consumer prior to mixing shall be labeled to
show:
(1) The net weight.
(2) The guaranteed analysis.
(3) The name and address of the guarantor.
(f) Bulk storage.--Fertilizer in bulk storage that is
intended for distribution shall be identified with a label
attached to the storage bin or container giving the name and
grade of the product
§ 6706. Inspection fees.
(a) Amounts.--
(1) The guarantor whose name appears on the label of a
fertilizer distributed in this Commonwealth shall pay
semiannually and not later than January 31 and July 31 of
each year an inspection fee at the rate of 15¢ per ton. In no
case shall the inspection fee paid semiannually amount to
20170SB0792PN1004 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
less than $25.
(2) On packages of 15 pounds or less, there shall be
paid in lieu of the inspection fee of 15¢ per ton provided
for in paragraph (1), annually and not later than January 31
of each year, an inspection fee of $25 for each brand and
grade of fertilizer distributed.
(3) If the guarantor whose name appears on the label
distributes fertilizers in this Commonwealth in both packages
of less and more than 15 pounds, the $25 inspection fee shall
be paid for its brands and grades sold in packages of 15
pounds or less, and the 15¢ per ton fee shall be paid for its
packages of more than 15 pounds.
(b) Adjustment to fees by secretary.--
(1) Notwithstanding the provisions of subsection (a), if
the secretary determines following notice to the registrants
and licensees that moneys derived from the registration and
inspection fees are either greater or less than that required
to administer this chapter, the secretary may reduce or
increase the inspection fee so as to maintain revenues
sufficient to administer this chapter.
(2) An inspection fee established under this subsection
may not be changed by more than 2¢ in one year and may not
exceed 25¢ per ton.
(3) The secretary shall announce the adjustment of fees
by publishing a notice in the Pennsylvania Bulletin. The
adjusted fees shall take effect 60 days after publication of
such notice in the Pennsylvania Bulletin.
§ 6707. Tonnage reports.
(a) General rule.--The guarantor whose name appears on the
label shall submit, along with the requisite inspection fee, a
20170SB0792PN1004 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
report in a manner prescribed by the department listing by
county the net tons of each brand and grade of fertilizer
distributed in this Commonwealth for the period covered by the
inspection fee.
(b) Multiple guarantors.--When more than one guarantor is
involved in the distribution of fertilizer, the guarantor who
distributed the fertilizer last shall report the tonnage and pay
the inspection fee unless the report and payment have been made
by a prior distributor.
(c) Late fee.--A penalty of $25 or 10% of the inspection
fee, whichever is greater, shall be imposed for any fee or
report not submitted at the required time.
(d) Examination permitted.--The department or its authorized
representative may examine the records of the guarantor to
verify the information contained in the reports filed with the
department. Reports containing fraudulent or incorrect
information shall be considered a violation of this chapter for
which the department may assess any penalty as provided for in
this chapter.
(e) Confidentiality of information.--
(1) No proprietary information furnished to the
department under this section shall be disclosed in such a
way as to knowingly or intentionally divulge a trade secret
of any person subject to the provisions of this chapter.
(2) This subsection shall not apply to information
furnished to a court or administrative tribunal in accordance
with law.
§ 6708. Inspection, sampling and analysis.
(a) General rule.--The department shall inspect, sample,
make analyses of and test fertilizers distributed within this
20170SB0792PN1004 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Commonwealth and shall inspect the storage of bulk fertilizer at
any time and place and to such an extent as the department may
deem necessary to determine whether such fertilizers are in
compliance with the provisions of this chapter. The department
or its agent may enter upon any public or private premises or
carriers during regular business hours in order to have access
to fertilizer subject to provisions of this chapter and the
records relating to this chapter.
(b) Laboratory methodology.--The department shall establish
by regulation the methods of fertilizer sampling and analysis.
In promulgating such regulations, the department shall consider
methods such as those adopted by the Association of Official
Analytical Chemists International. In cases not covered by such
methods or in cases where improved methods are available, the
department may issue a temporary order defining the method to be
utilized. The method defined in the temporary order shall be
effective upon publication in the Pennsylvania Bulletin. The
temporary order shall remain in effect for a period not to
exceed one year unless reissued or until such order is
promulgated as a regulation.
(c) Deficiency determination.--The department, in
determining whether any fertilizer is deficient, shall be guided
solely by the official sample obtained and analyzed as provided
for in subsections (a) and (b).
(d) Retention of official samples.--Official samples
maintained by the department and that require imposition of a
penalty for nutrient deficiency shall be retained for a minimum
of 90 days from issuance of a deficiency report. Upon request,
the department shall furnish to the guarantor a portion of any
sample that is subject to penalty or other legal action. Such
20170SB0792PN1004 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
requests must be made within 30 days of notification of sample
violations.
§ 6709. Plant food deficiency.
(a) Penalties.--The following penalties shall be assessed
for deficiencies from the guaranteed analysis:
(1) A penalty payment of five times the commercial value
of each deficiency shall be assessed when the analysis shows
that a fertilizer is deficient:
(i) in one or more of its guaranteed primary
nutrients beyond a tolerance of 10% (two unit maximum);
or
(ii) when the overall index value of the primary
nutrients in the fertilizer is below 97.
(2) When a fertilizer is subject to a penalty payment
under both paragraph (1)(i) and (ii), the larger penalty
payment shall apply. Any such penalties assessed may not
exceed the retail price of the lot of fertilizer represented
by the official sample.
(3) Deficiencies beyond the tolerance as established by
regulation in a component other than a primary nutrient shall
be evaluated by the department and shall be subject to any
penalty under this chapter.
(b) Payment of penalties.--All penalties assessed under this
section shall be paid by the guarantor to the consumer of the
lot of fertilizer represented by the sample analyzed within 90
days after the date of notice from the department to the
guarantor. Receipts of payment shall be promptly forwarded by
the guarantor to the department. If the consumer cannot be
found, the penalties shall be paid to the department.
(c) Deficiencies in mixed fertilizers.--A deficiency in an
20170SB0792PN1004 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
official sample of mixed fertilizer resulting from nonuniformity
shall not be deemed distinguishable from a deficiency due to
actual plant nutrient shortage and shall be deemed a violation
of this chapter for which the department may assess any penalty
as provided for in this chapter.
§ 6710. Commercial value.
For the purpose of determining the commercial value to be
applied under section 6709 (relating to plant food deficiency),
the department shall determine and publish annually the values
per pound of nitrogen, available phosphate and soluble potash in
fertilizers in this Commonwealth. The amounts determined and
published shall be used in determining and assessing penalty
payments.
§ 6711. Misbranding.
No person shall distribute a misbranded fertilizer. A
fertilizer shall be deemed to be misbranded if:
(1) its labeling is false or misleading in any
particular;
(2) it is distributed under the name of another
fertilizer product;
(3) it is not labeled as required in section 6705
(relating to labels and labeling) and in accordance with
regulations prescribed under this chapter; or
(4) it purports to be or is represented as a fertilizer
or is represented as containing a plant nutrient or
fertilizer unless such plant nutrient or fertilizer conforms
to the definition of identity, if any, prescribed by
regulation.
§ 6712. Adulteration.
(a) General rule.--No person shall distribute an adulterated
20170SB0792PN1004 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
fertilizer product. A fertilizer shall be deemed to be
adulterated if:
(1) it contains any deleterious or harmful substance in
sufficient amount to render it injurious to beneficial plant
life, animals, humans, aquatic life, soil or water when
applied in accordance with its intended use or directions for
use on the label;
(2) adequate warning statements or directions for use
which may be necessary to protect plant life, animals,
humans, aquatic life, soil or water are not shown upon the
label;
(3) its composition falls below or differs from that
which it is purported to possess by its labeling; or
(4) it contains viable weed seed in amounts exceeding
the limits which the department establishes by regulation.
(b) Exception.--A fertilizer shall not be considered
adulterated under this section if the quantity of the substance
in the fertilizer does not ordinarily render it injurious.
§ 6713. Publications.
The department shall publish at least annually and in such
form as it deems proper such information concerning the
distribution of fertilizers and results of analyses based on
official samples of fertilizer distributed within this
Commonwealth as compared with analyses guaranteed under sections
6704 (relating to registration of specialty fertilizers) and
6705 (relating to labels and labeling).
§ 6714. Short weight.
If any fertilizer in the possession of a consumer is found by
the department to be short in weight, the guarantor of that
fertilizer shall, within 30 days after official notice from the
20170SB0792PN1004 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
department, submit to the consumer a penalty payment of two
times the value of the actual shortage.
§ 6715. Refusal, suspension or revocation of registration or
license.
The department may refuse, suspend or revoke the registration
of any fertilizer or refuse, suspend or revoke the license of
any person where the registrant or licensee has not complied
with the provisions of this chapter or of any person who has
used fraudulent or deceptive practices in the evasion of the
provisions of this chapter.
§ 6716. Stop-sale orders.
(a) General rule.--The department may issue and enforce a
written or printed stop-sale, use or removal order to the owner
or custodian of any lot of fertilizer and to hold at a
designated place when the department finds the fertilizer is
being offered or exposed for sale in violation of any of the
provisions of this chapter. The order shall remain in effect
until the law has been complied with and the fertilizer is
released in writing by the department or the violation has been
otherwise legally disposed of by written authority.
(b) Release by department.--The department shall release
fertilizer held under a stop-sale order when the requirements of
the provisions of this chapter have been complied with and all
costs and expenses incurred in connection with the withdrawal
have been paid by the person responsible for the violation.
§ 6717. Seizure and condemnation.
A lot of fertilizer not in compliance with the provisions of
this chapter shall be subject to seizure and condemnation by the
department, provided that in no instance shall the disposition
of the fertilizer be ordered by the department without first
20170SB0792PN1004 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
giving the claimant an opportunity for a hearing as provided for
in section 6718 (relating to appeal process) or for opportunity
to apply for permission to process or relabel the fertilizer to
bring it into compliance with this chapter.
§ 6718. Appeal process.
All appeals shall be taken and hearings conducted 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).
§ 6719. Cooperation with other entities.
The department may cooperate with and enter into agreement
with governmental agencies of the Federal Government, agencies
of this Commonwealth and any other state in order to carry out
the purpose and provisions of this chapter.
§ 6720. Rules and regulations.
The department shall promulgate and enforce rules and
regulations necessary for administration and implementation of
this chapter.
§ 6721. Unlawful conduct.
It shall be unlawful for any person to fail to comply with or
to cause or assist in the violation of any order or any of the
provisions of this chapter or the rules and regulations adopted
under this chapter.
§ 6722. Interference with officer or employee of department.
A person who willfully or intentionally interferes with an
employee or officer of the department in the performance of that
employee's or officer's duties or activities authorized under
this chapter commits a misdemeanor of the third degree and
shall, upon conviction, be subject to a term of imprisonment of
20170SB0792PN1004 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
not more than one year or a fine of not more than $2,500, or
both.
§ 6723. Enforcement and penalties.
(a) Criminal penalties.--Unless otherwise specified, any
person who violates any of the provisions of this chapter or a
rule or regulation adopted thereunder or any order issued
pursuant thereto:
(1) For the first offense, commits a summary offense and
may, upon conviction, be sentenced for each offense to pay a
fine of not less than $50 nor more than $100 and costs of
prosecution or to undergo imprisonment for a term which shall
be fixed at not more than 90 days, or both.
(2) For a subsequent offense committed within three
years of a prior conviction for any violation of this chapter
or any rule, regulation or order made under this chapter,
commits a misdemeanor of the second degree and shall, upon
conviction, be sentenced to pay a fine of not less than $500
nor more than $1,000 and costs of prosecution or to
imprisonment for not more than two years, or both.
(b) Trade secrets.--
(1) Any person who uses to that person's own advantage
or reveals to anyone other than the department,
administrative tribunal or the courts when relevant in any
judicial proceeding any information acquired under the
authority of this chapter concerning any method, records,
formulations or processes which as a trade secret is entitled
to protection under the law commits a misdemeanor of the
third degree and shall, upon conviction, be sentenced to pay
a fine of not less than $500 or to imprisonment for not less
than one year, or both.
20170SB0792PN1004 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) This subsection shall not be construed to prohibit
the department from exchanging information of a regulatory
nature with governmental agencies of the Federal Government,
agencies of this Commonwealth or any other state to implement
the provisions of this chapter.
(c) Civil penalties.--
(1) In addition to any other remedy available at law or
in equity for a violation of this chapter, the department may
assess a civil penalty of not more than $2,500 upon any
person for each violation of this chapter. The civil penalty
assessed shall be payable to the department and shall be
collectible in any manner provided by law for the collection
of debt.
(2) No civil penalty shall be assessed unless the person
assessed the penalty 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).
(d) Certified copy of official analysis.--In prosecution
under this chapter involving the composition of a lot of
fertilizer, a certified copy of the official analysis signed by
the secretary or the secretary's designee shall be accepted as
prima facie evidence of the composition.
(e) De minimis violations.--Nothing in this chapter shall be
construed as requiring the department to report a violation and
to institute seizure proceedings as a result of de minimis
violations of this chapter when the department concludes that
the public interest will be best served by a suitable notice of
warning in writing.
20170SB0792PN1004 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 6724. Exchanges between manufacturers.
Nothing in this chapter shall be construed as restricting or
avoiding sales or exchanges of fertilizers to each other by
importers, manufacturers or manipulators who mix fertilizer
materials for sale or as preventing the free and unrestricted
shipments of fertilizer to manufacturers or manipulators who are
licensed as required by provisions of this chapter.
§ 6725. Disposition of funds.
Moneys received from license fees, registration fees,
inspection fees, fines and penalties shall be paid into a
special restricted account in the General Fund to be known as
the Agronomic Regulatory Account. All moneys in the Agronomic
Regulatory Account are hereby appropriated to the department for
the purposes of this chapter and Chapters 69 (relating to soil
and plant amendment) and 71 (relating to seed).]
Section 3. Title 3 is amended by adding a chapter to read:
CHAPTER 67A
FERTILIZER
Subchapter
A. General Provisions
B. Fertilizer Manufacturers and Guarantors
C. Applicator Licensing and Certification
D. Recordkeeping for Applicators and Airports
E. Application Rates, Requirements and Prohibitions
F. Agricultural and Homeowner Education Program
G. Administrative and Penalty Provisions
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
67A01. Short title.
20170SB0792PN1004 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
67A02. Definitions.
§ 67A01. Short title.
This chapter shall be known and may be cited as the
Fertilizer Act.
§ 67A02. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agricultural production." The production for commercial
purposes of crops, livestock and livestock products, including
the processing or retail marketing of crops, livestock or
livestock products if more than 50% of the processed or
merchandised products are produced by the farm operator. The
term includes use of land that is devoted to and meets the
requirements of and qualifications for payments or other
compensation pursuant to a soil conservation program under an
agreement with an agency of the Federal Government.
"Application." The process of placement or usage of
fertilizer onto a targeted growing area.
"Brand." A term, design or trademark used in connection with
one or several grades of fertilizer.
"Bulk fertilizer." A fertilizer distributed in a nonpackaged
form.
"By-product." Municipal waste or residual waste as defined
in the act of July 7, 1980 (P.L.380, No.97), known as the Solid
Waste Management Act, or its successor statute, that contains a
plant nutrient and meets all applicable regulations of the
Department of Environmental Protection.
"Certified applicator." Any person who is certified under
section 67A23 (relating to certification of applicators) as
20170SB0792PN1004 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
competent to use or supervise the use of fertilizer or train
fertilizer technicians on the proper application of fertilizer.
"Commercial applicator." Anyone who applies or supervises
the application of fertilizer to the property or premises of
another or anyone who applies or supervises application of
fertilizer to the property or premises of the following:
(1) A golf course.
(2) A public or private park.
(3) A public, nonpublic or licensed private elementary
or secondary school wherein a resident of this Commonwealth
may fulfill the compulsory school attendance requirements and
which meets the applicable requirements of Title IV of the
Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241),
or its successor statute. This term does not include the
residence of a home schooled student.
(4) a public or private college or university that
applies fertilizer to the campus grounds.
(5) a public playground or an athletic field.
"Consumer." A person who purchases fertilizer for the end
use of the product.
"Crops, livestock and livestock products." Shall include,
but not be limited to:
(1) Field crops, including corn, wheat, oats, rye,
barley, hay, potatoes and dry beans.
(2) Fruits, including apples, peaches, grapes, cherries
and berries.
(3) Vegetables, including tomatoes, snap beans, cabbage,
carrots, beets, onions and mushrooms.
(4) Horticultural specialties, including nursery stock
ornamental shrubs, ornamental trees and flowers.
20170SB0792PN1004 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(5) Livestock and livestock products, including cattle,
sheep, hogs, goats, horses, poultry, furbearing animals,
milk, eggs and furs.
(6) Timber, wood and other wood products derived from
trees.
(7) Aquatic plants and animals and their products.
"Deficiency." The amount of nutrient found by analysis to be
less than that guaranteed, which may result from a lack of
nutrient ingredients or uniformity.
"Department." The Department of Agriculture of the
Commonwealth.
"Distribute." To import, consign, offer for sale, sell,
barter or otherwise supply fertilizer in this Commonwealth.
"Distributor." A person who distributes fertilizer or
fertilizer material.
"Enhanced-efficiency fertilizer." A fertilizer product with
characteristics that allow increased plant uptake and reduced
potential of nutrient losses to the environment, such as gaseous
losses, leaching or runoff, when compared to an appropriate
reference product.
"Facility." Each separate mill or plant that manufactures
fertilizer.
"Fertilizer." A substance, including fertilizer material,
mixed fertilizer, specialty fertilizer and bulk fertilizer,
containing one or more recognized plant nutrients which is used
for its plant nutrient content and which is designed for use or
claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manure, agricultural liming
materials, wood ashes and other materials exempted by the
department's regulations.
20170SB0792PN1004 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Fertilizer application business." A governmental or public
entity, commercial applicator or business for profit or not-for-
profit that applies fertilizer on the property or premises of
another or that applies fertilizer to the property or premises
of a golf course, park, school, college or university, public
playground or to an athletic field.
"Fertilizer application business license." A license
obtained under section 67A22 (relating to licensing of
fertilizer application businesses).
"Fertilizer license." A licensed obtained under section
67A11 (relating to licensing).
"Fertilizer material." A fertilizer which:
(1) contains only one of the following primary plant
nutrients:
(i) nitrogen;
(ii) phosphate; or
(iii) potash;
(2) has 85% or more of its plant nutrient content
present in the form of a single chemical compound; or
(3) is derived from a plant or animal residue, by-
product, coproduct as defined in 25 Pa. Code § 287.1
(relating to definitions) or natural material deposit which
has been processed in a way that its content of plant
nutrients has not been materially changed except by
purification and concentration.
"Fertilizer technician." A person working for a fertilizer
application business that is not certified under this chapter,
who works under the direction of a certified applicator.
"Fertilizer use category." The end use of the fertilizer,
such as agricultural, nonagricultural or unknown.
20170SB0792PN1004 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Governmental or public entity." An executive or independent
agency or governmental unit of the Commonwealth or local agency,
including a county, city, borough, town, township, school
district, municipal authority or political subdivision of the
Commonwealth.
"Grade." The percentage of total nitrogen, available
phosphate and soluble potash stated in whole numbers in the same
terms order and percentages as in the guaranteed analysis,
provided that specialty fertilizers may be guaranteed in
fractional units of less than one percent of total nitrogen,
available phosphate and soluble potash, provided that fertilizer
materials, bone meal, manures and similar materials may be
guaranteed in fractional units.
" Guaranteed analysis. " The minimum percentage of plant
nutrients claimed in the following order and form:
Total nitrogen (N) %
Available phosphate (P2O5) %
Soluble potash (K2O) %
For other organic phosphatic materials, the total phosphate or
degree of fineness may also be guaranteed. Guarantees for plant
nutrients other than nitrogen, phosphorus and potassium may be
established by regulation.
"Guarantor." A person, including a manufacturer or
distributor, whose name and address appears on the label of
fertilizer.
"Impervious surface." A structure, surface or improvement,
including, but not limited to, a roadway, sidewalk, parking lot,
driveway or patio constructed out of plastic, concrete, asphalt
or other material that reduces or prevents infiltration of water
into the soil.
20170SB0792PN1004 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Intermittent stream." A body of water flowing in a channel
or bed composed primarily of substrates associated with flowing
water which, during periods of the year, is below the water
table and obtains its flow from both surface runoff and
groundwater discharges.
"Label." The display of all written, printed or graphic
matter upon the immediate container or a statement accompanying
a fertilizer.
"Labeling." All written, printed or graphic matter upon or
accompanying any fertilizer or advertisements, brochures,
posters or electronic media used in promoting the distribution
of the fertilizer.
"Manipulation." Processed or treated in any manner,
including drying to a moisture content of less than 30%.
"Manufacture." To produce, mix, blend, repackage or further
process fertilizer or fertilizer material for distribution.
"Micronutrient." Any of the following:
(1) boron;
(2) chlorine;
(3) cobalt;
(4) copper;
(5) iron;
(6) nickel;
(7) manganese;
(8) molybdenum;
(9) sodium; or
(10) zinc.
"Mixed fertilizer." A fertilizer containing any combination
or mixture of fertilizer materials.
"Natural organic fertilizer." A fertilizer derived from
20170SB0792PN1004 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
either plant or animal products containing one or more elements,
other than carbon, hydrogen and oxygen, which are essential for
plant growth. These materials may be subjected to biological
degradation processes under normal conditions of aging,
rainfall, sun curing, air drying, composting, rotting, enzymatic
or anaerobic or aerobic bacterial action or a combination of
these processes. These materials may not be mixed with synthetic
materials or changed in any physical or chemical manner from
their initial state except by physical manipulation such as
drying, cooking, chopping, grinding, shredding or pelleting.
"Net weight." The total weight of fertilizer as offered for
sale, excluding the weight of the container.
"Official sample." A sample of fertilizer collected or
obtained by the department to effectuate the provisions of this
chapter and designated as official.
"Organic-base fertilizer." A mixed fertilizer where:
(1) More than half of the fertilizer materials are
organic.
(2) More than half of the sum of the guaranteed primary
nutrient percentages are derived from organic materials.
"Overall index value." The value obtained from the
calculation: (commercial value found) x 100 / (commercial value
guaranteed).
"Park." Privately or publicly owned outdoor real estate
which includes a public recreational area, including an area
with restricted access.
"Percent or percentage." A percentage by weight.
"Perennial stream." A body of water flowing in a channel or
bed composed primarily of substrates associated with flowing
waters and capable, in the absence of pollution or other manmade
20170SB0792PN1004 - 25 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
stream disturbances, of supporting bottom-dwelling aquatic
animals.
"Person." An individual, partnership, association, firm,
corporation or any other legal entity.
"Plant nutrient." Any of the following:
(1) primary nutrient;
(2) secondary nutrient; or
(3) micro nutrient.
"Primary nutrient." Any of the following:
(1) nitrogen;
(2) phosphorus; or
(3) potassium.
"Public applicator." A person employed by a governmental or
public entity who applies or supervises the application of
fertilizer as part of the applicator's employment duties.
"Readily available nitrogen." Water soluble nitrogen in
either ammoniacal, urea or nitrate form that does not have
enhanced efficiency properties.
"Registrant." A person who registers fertilizer under this
chapter.
"Repackage." The placement of fertilizer into a container or
bulk bin other than what is supplied by the guarantor.
"Secondary nutrient." Any of the following:
(1) calcium;
(2) magnesium; or
(3) sulfur.
"Soil test." A chemical, physical or biological procedure
that estimates the suitability of the soil to support plant
growth.
"Specialty fertilizer." A fertilizer distributed for nonfarm
20170SB0792PN1004 - 26 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
use or a fertilizer primarily intended to supply plant nutrients
other than nitrogen, phosphate or potash.
"Stream buffer zone." A permanent strip of dense perennial
vegetation established parallel and immediately adjacent to the
bank of a pond, wetland or flowing body of water that is used to
slow water runoff, enhancing water infiltration and minimizing
the risk of any potential nutrients reaching the waters.
"Tolerance." A permitted variation from the guarantee of an
official sample of fertilizer.
"Ton." A net weight of 2,000 pounds.
"Turf." Land, including, but not limited to, residential
property, golf courses and privately or publicly owned land,
that is planted in closely mowed, managed grass, except for land
used for agricultural production.
SUBCHAPTER B
FERTILIZER MANUFACTURERS AND GUARANTORS
Sec.
67A11. Licensing.
67A12. Registration of specialty fertilizers.
67A13. Labels and labeling.
67A14. Fertilizer sold to consumers.
67A15. Inspection fees.
67A16. Tonnage reports.
67A17. Inspection, sampling and analysis.
67A18. Plant food deficiency.
67A19. Commercial value.
67A20. Misbranding.
67A21. Adulteration.
§ 67A11. Licensing.
(a) General rule.--Every person engaged in the manufacture
20170SB0792PN1004 - 27 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of fertilizer to be distributed in this Commonwealth and each
guarantor of the fertilizer shall, on or before July 1 of each
year or prior to manufacture or distribution of the fertilizer,
obtain a fertilizer license for each manufacturing facility
located in this Commonwealth and for each guarantor by
completing a form furnished by the department and paying a $50
application fee, or the fee as is later established in the
manner set forth under section 67A75 (relating to fees, fines,
and civil penalties). All licenses shall expire on June 30 of
each year.
(b) Labeling and typical analysis.--The department may
require an applicant for a fertilizer license or a current
fertilizer licensee to submit the labeling that the person is
using or intends to use for the fertilizer. The department may
also require an applicant or fertilizer licensee to provide a
typical analysis of selected components that may be in the
fertilizer.
(c) Exemption.--A person repackaging fertilizer may not be
deemed a manufacturer if the person who repackages fertilizer
has a letter of responsibility, recognized by the department,
stating the original guarantor remains as the original guarantor
and the person does not alter the fertilizer in any way. The
letter of responsibility shall be provided to the department
upon request. Noncompliance with any provision of this exemption
shall require the person to obtain a fertilizer license and meet
the labeling and typical analysis standards as set forth under
subsections (a) and (b). In addition, the department may impose
any penalty established under this chapter.
§ 67A12. Registration of specialty fertilizers.
(a) Application.--Each brand and grade of specialty
20170SB0792PN1004 - 28 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
fertilizer shall be registered by the guarantor with the
department before being offered for sale, sold or distributed in
this Commonwealth. An application for each brand and grade of
specialty fertilizer shall be made on a form furnished by the
department and shall be accompanied by a fee of $100 or the fee
later established in the manner set forth under section 67A75
(relating to fees, fines and civil penalties), per each grade of
each brand. Labels for each brand and grade shall accompany the
application. All registrations shall expire on June 30 of each
year.
(b) Contents of application.--An application for
registration shall include:
(1) The brand and grade.
(2) The guaranteed analysis.
(3) Name and address of the guarantor.
(4) Net weight.
(c) Exemption.--A distributor shall not be required to
register:
(1) A specialty fertilizer which is already registered
under this chapter by another person, provided the label does
not differ in any material respect.
(2) A fertilizer formulated according to the
specifications which are furnished by the end user and are
not further distributed or offered for sale to the general
public.
(d) Late fee.--If the application for renewal of the
specialty fertilizer registration required under this section is
not filed prior to June 30 of each year, a penalty of $25 or 10%
of the total registration fee for all products sought to be
registered, whichever is greater, or any fee as is later
20170SB0792PN1004 - 29 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
established in the manner set forth under section 67A75, may be
assessed and added to the original fee and shall be paid by the
applicant before the renewal of the specialty fertilizer
registration. The penalty shall not apply if the applicant
furnished an affidavit that the applicant has not distributed
the specialty fertilizer subsequent to the expiration of the
applicant's prior registration.
§ 67A13. Labels and labeling.
(a) General rule.--The guarantor of any fertilizer
distributed in a container in this Commonwealth shall have
placed on or affixed to the container a label setting forth in a
legible and conspicuous form the following:
(1) The brand and grade of the fertilizer, provided that
the grade shall not be required when no primary nutrients are
claimed.
(2) The guaranteed analysis.
(3) A derived from statement.
(4) Directions for use for fertilizer distributed to the
end user.
(5) The name and address of the guarantor.
(6) The net weight.
(b) Bulk fertilizer.--In the case of bulk fertilizer
distribution, the information required by subsection (a) shall
accompany delivery and shall be provided in writing to the
purchaser at time of delivery.
(c) Other guarantees.--Guarantees for nutrients other than
primary nutrients shall be expressed in the form of the element.
The department may require by regulation that other beneficial
substances or compounds be guaranteed. When any plant nutrients
or other substances or compounds are guaranteed, they shall be
20170SB0792PN1004 - 30 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
subject to inspection and analysis in accordance with the
methods and regulation prescribed by the department.
(d) Proof of labeling claims.--The department may require
proof of any labeling claims made for fertilizer. Any research
in support of a claim shall be performed by an institution
approved by the department utilizing acceptable scientific
methodology.
(e) Consumer-specified fertilizer formulations.--In lieu of
the requirements of subsection (a), a fertilizer formulated
according to specifications which are furnished by the end user
prior to mixing shall be labeled in a clearly legible and
conspicuous form to show the net weight, the guaranteed analysis
and the name and address of the guarantor.
(f) Bulk storage.--Fertilizer in bulk storage that is
intended for distribution shall be identified with a label
attached to the storage bin or container giving the name and
grade of the product.
(g) Mandatory label.--The following shall apply:
(1) Fertilizer intended for use on turf, in bulk or
packages greater than one pound that is distributed to end
users in this Commonwealth shall include a statement in
legible and conspicuous form that at a minimum sets forth the
following requirements:
(i) This product shall not be applied near water,
storm drains or drainage ditches.
(ii) This product shall not be applied if heavy rain
is expected.
(iii) The application of this product shall only be
to the intended application site.
(iv) Any material that lands on an impervious
20170SB0792PN1004 - 31 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
surface shall be swept back onto the lawn. This statement
shall not be required if the product is intended to be
applied in a liquid form.
(2) Fertilizer that is not labeled for turf, stream
banks, an aquatic setting, potted plants or indoor use, in
bulk or packages greater than one pound, that is distributed
to end users in this Commonwealth shall include a statement
in legible and conspicuous form that at a minimum sets forth
the following requirements:
(i) This product shall not be applied near water,
storm drains or drainage ditches or to any impervious
surface.
(ii) This product shall not be applied if heavy rain
is expected.
(iii) This product shall only be applied to the
intended application site.
(3) Statements required under this section shall be not
be smaller than the height of the minimum font required by
the Fair Packaging and Labeling Act (Public Law 89-755, 15
U.S.C. § 1451 et seq.) for the quantity statement as shown by
the following:
(i) Panel size is less than five square inches,
minimum statement type size one-sixteenth inch.
(ii) Panel size is between five and 25 square
inches, minimum statement type size one-eighth inch.
(iii) Panel size is between 25 and 100 square
inches, minimum statement type size three-sixteenths
inch.
(iv) Panel size is between 100 and 400 square
inches, minimum statement type size one-quarter inch.
20170SB0792PN1004 - 32 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(v) Panel size is greater than 400 square inches,
minimum statement type size one-half inch.
(h) Prohibition.--The label for fertilizer, fertilizer
material or any nitrogen-based material shall not be labeled for
the purposes of melting snow or ice, unless the product is
distributed to an airport to be used on aircraft or areas an
aircraft accesses.
(i) Other label information.--The department may, by
regulation, require that additional information be present on
the label or labeling of fertilizers.
§ 67A14. Fertilizer sold to consumers.
(a) Contents.--Fertilizer sold at retail and intended for
use on turf shall:
(1) contain no more than 0.7 pounds of readily available
nitrogen and no more than 0.9 pounds of total nitrogen per
1,000 square feet when applied pursuant to the instructions
on the container;
(2) consist of at least 20% enhanced efficiency nitrogen
of the total nitrogen; and
(3) contain no phosphorus, except when specifically
labeled for the following purpose:
(i) providing nutrients to specific soils and target
vegetation as determined to be necessary pursuant to a
soil test performed no more than three years prior to
application;
(ii) establishing vegetation for the first time;
(iii) reestablishing or repairing a turf area; or
(iv) as an enhanced-efficiency phosphorus
fertilizer, natural organic fertilizer, organic-base
fertilizer or fertilizer derived from a by-product, as
20170SB0792PN1004 - 33 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
long as the application rate does not exceed 0.25 pounds
of phosphorus per 1,000 square feet per application, with
a maximum total annual application of 0.5 pounds of
phosphorus per 1,000 square feet, when applied pursuant
to the instructions on the container.
(b) Turf.--Notwithstanding the limits of subsection (a)(1),
fertilizer sold at retail and intended for use on turf may
contain up to 2.5 pounds of enhanced efficiency nitrogen
fertilizer per 1,000 square feet when applied pursuant to the
instructions on the container, provided the monthly release rate
does not exceed 0.7 pounds of nitrogen per 1,000 square feet.
§ 67A15. Inspection fees.
(a) Amounts.--The following shall apply:
(1) The guarantor whose name appears on the label of a
fertilizer distributed in this Commonwealth shall pay
semiannually and not later than January 31 and July 31 of
each year an inspection fee at the rate of 17¢ per ton of
fertilizer distributed in this Commonwealth or a fee later
established in the manner set forth by section 67A75
(relating to fees, fines and civil penalties). In no case
shall the inspection fee paid semiannually amount to less
than $25 or a fee as is later established in the manner set
forth by section 67A75.
(2) On packages of 15 pounds or less, there shall be
paid in lieu of the inspection fee provided for under
paragraph (1), annually and not later than January 31 of each
year, an inspection fee of $25 for each brand and grade of
fertilizer distributed or the fee later established in the
manner set forth under section 67A75.
(3) Where a guarantor's name appears on the label of
20170SB0792PN1004 - 34 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
fertilizers distributed in this Commonwealth in both packages
of less and more than 15 pounds, the inspection fee
established under paragraph (2) shall be paid for its brands
and grades sold in packages of 15 pounds or less and the
inspection fee provided for under paragraph (1) shall be paid
for its packages of more than 15 pounds.
(b) Adjustment of fees by the department.
(1) Notwithstanding the provisions of subsection (a), if
the department determines following notice to the registrants
and licensees that the money derived from the registration
and inspection fees is either greater or less than that
required to administer this chapter, the department may
reduce or increase the registration or inspection fee, or
both, so as to maintain revenues sufficient to administer
this chapter.
(2) An inspection fee established under this subsection
may not be changed by more than five cents in one year.
(3) The department shall announce the adjustment of fees
by publishing a notice in the Pennsylvania Bulletin. The
adjusted fees shall take effect 60 days after publication of
the notice in the Pennsylvania Bulletin.
§ 67A16. Tonnage reports.
(a) General rule.--The guarantor whose name appears on the
label shall submit, along with the requisite inspection fee, a
report in a manner prescribed by the department listing by
county and fertilizer use category the net tons of each brand
and grade of fertilizer distributed in this Commonwealth for the
period covered by the inspection fee. The department may
promulgate regulations to establish additional tonnage reporting
requirements.
20170SB0792PN1004 - 35 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b) Multiple guarantors.--When more than one guarantor is
involved in the distribution of fertilizer, the guarantor who
distributed the fertilizer last shall report the tonnage and pay
the inspection fee, unless the report and payment have been made
by a prior distributor.
(c) Late fee.--A penalty of $25 or 10% of the total
inspection fee, whichever is greater, or the fee later
established in the manner set forth under section 67A75
(relating to fees, fines and civil penalties) shall be imposed
for any fee or report not submitted at the required time.
(d) Examination permitted.--The department or its authorized
representative may examine the records of the guarantor to
verify the information contained in the reports filed with the
department. Reports containing fraudulent or incorrect
information shall be considered a violation of this chapter for
which the department may assess any penalty as provided for in
this chapter.
(e) Confidentiality of information.
(1) Notwithstanding the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law, or its successor
statute, no proprietary information furnished to the
department under this section shall be disclosed in a way as
to knowingly or intentionally divulge a trade secret of any
person subject to the provisions of this chapter.
(2) This subsection shall not apply to information
furnished to a court or administrative tribunal in accordance
with law.
§ 67A17. Inspection, sampling and analysis.
(a) General rule.--The department shall inspect, sample,
make analyses of and test fertilizers distributed within this
20170SB0792PN1004 - 36 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Commonwealth and shall inspect the storage of bulk fertilizer at
any time and place and to an extent the department may deem
necessary to determine whether the fertilizers are in compliance
with the provisions of this chapter. The department or its agent
may enter upon any public or private premises or carriers during
regular business hours in order to have access to fertilizer
subject to and the records relating to the provisions of this
chapter or the regulations promulgated thereunder.
(b) Methodology.--The methods of fertilizer sampling and
analysis by the department shall be methods such as those
adopted by the Association of Official Analytical Chemists
International. In cases not covered by the methods or in cases
where improved methods are available, the department may issue a
temporary order defining the method to be utilized. The method
defined in the temporary order shall be effective upon
publication in the Pennsylvania Bulletin. The temporary order
shall remain in effect for a period not to exceed one year,
unless reissued or until the notice is promulgated as a
regulation.
(c) Deficiency determination.--The department, in
determining whether any fertilizer is deficient in nutrients,
shall be guided solely by the official sample obtained and
analyzed as provided for under subsections (a) and (b).
(d) Maintenance of official samples.--Official samples
maintained by the department shall be retained for a minimum of
90 days from issuance of a fertilizer deficiency report or an
official report of analysis. Upon request, the department shall
furnish to the guarantor a portion of the official sample.
Requests must be made within 30 days of receipt of a fertilizer
deficiency report or an official report of analysis.
20170SB0792PN1004 - 37 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 67A18. Plant food deficiency.
(a) Penalties.--The following penalties shall be assessed
for deficiencies from the guaranteed analysis:
(1) A penalty payment of five times the commercial value
of each deficiency shall be assessed when the analysis shows
that a fertilizer is deficient:
(i) in one or more of its guaranteed primary plant
nutrients beyond a tolerance of 10% (two unit maximum);
or
(ii) when the overall index value of the primary
nutrients in the fertilizer is below 97.
(2) When a fertilizer is subject to a penalty payment
under both paragraph (1)(i) and (1)(ii), the larger penalty
payment shall apply. Any penalties assessed shall not exceed
the retail price of the lot of fertilizer represented by the
official sample.
(3) Deficiencies beyond the tolerance as established by
regulation in a component other than a primary nutrient shall
be evaluated by the department and shall be subject to any
penalty under this chapter.
(b) Payment of penalties.--All penalties assessed under this
section shall be paid by the guarantor to the consumer of the
lot of fertilizer represented by the sample analyzed within 90
days after the date of notice from the department to the
guarantor. Receipts of payment shall be promptly forwarded by
the guarantor to the department. If the consumer cannot be
found, the penalties shall be paid to the department.
(c) Deficiencies in fertilizers.--A deficiency in an
official sample of mixed fertilizer resulting from nonuniformity
shall not be deemed distinguishable from a deficiency due to
20170SB0792PN1004 - 38 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
actual plant nutrient shortage and shall be deemed a violation
of this chapter for which the department may assess any penalty
as provided for under this chapter.
§ 67A19. Commercial value.
For the purpose of determining the commercial value to be
applied under section 67A18 (relating to plant food deficiency),
the department shall determine and publish in the Pennsylvania
Bulletin annually the values per pound of total nitrogen,
available phosphate and soluble potash in fertilizer in this
Commonwealth. The values so determined and published in the
Pennsylvania Bulletin shall go into effect July 1 of each year
and be used in determining and assessing penalty payments.
§ 67A20. Misbranding.
No person shall distribute a misbranded fertilizer. A
fertilizer shall be deemed to be misbranded if any of the
following apply:
(1) Its labeling is false or misleading in any
particular.
(2) It is distributed under the name of another
fertilizer product.
(3) It is not labeled as required under section 67A13
(relating to labels and labeling) and in accordance with
regulations prescribed under this chapter.
(4) It purports to be or is represented as a fertilizer
or is represented as containing a plant nutrient or
fertilizer unless the plant nutrient or fertilizer conforms
to the definition of identity, if any, prescribed by
regulation.
§ 67A21. Adulteration.
No person shall distribute an adulterated fertilizer product.
20170SB0792PN1004 - 39 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
A fertilizer shall be deemed to be adulterated if any of the
following apply:
(1) It contains any deleterious or harmful substance in
sufficient amount to render it injurious to beneficial plant
life, animals, humans, aquatic life, soil or water when
applied in accordance with its intended use or directions for
use on the label.
(2) Adequate warning statements or directions for use
which may be necessary to protect plant life, animals,
humans, aquatic life, soil or water are not shown upon the
label.
(3) Its composition falls below or differs from that
which it is purported to possess by its labeling.
(4) It contains viable weed seed or unwanted crop seed
in amounts exceeding the limit which the department
establishes by regulation.
SUBCHAPTER C
APPLICATOR LICENSING AND CERTIFICATION
Sec.
67A22. Licensing of fertilizer application businesses.
67A23. Certification of applicators.
67A24. Recertification of applicators.
67A25. Reciprocal agreement.
67A26. Training of fertilizer technicians.
§ 67A22. Licensing of fertilizer application businesses.
(a) Requirements.--A fertilizer application business must be
licensed prior to applying any fertilizer and shall comply with
the provisions of this chapter and any regulation or order of
the department. A fertilizer application business with more than
one place of business or that is operating under more than one
20170SB0792PN1004 - 40 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30