Regular Session 2017-2018 Senate Bill 0792 P.N. 1004

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Pennsylvania Consolidated Statutes is repealed: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 Chapter 67 of Title 3 is repealed: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

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

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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.

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"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

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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.

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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.

be expressed in the form of the element. The department may

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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

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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

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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.

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

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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.

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

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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);

(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.

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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

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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

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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

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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

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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.

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(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.

(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.

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§ 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.

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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

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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.

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(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.

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"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 -

"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 -

"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 -

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 -

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 -

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 -

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.

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 -

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.

(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 -

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.

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 -

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 -

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 -

(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 -

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 -

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 -

(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.

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 -

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.

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 -

§ 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);

(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.

official sample of mixed fertilizer resulting from nonuniformity

shall not be deemed distinguishable from a deficiency due to

20170SB0792PN1004 - 38 -

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 -

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 -

name in this Commonwealth shall license each location, place of

business and business entity. For a governmental or public

entity, each district or region will be considered a separate

business and shall require a separate license.

(b) Operation, application and expiration.--A fertilizer

application business shall not be operated without first

obtaining a fertilizer application business license. The

application for licensure shall be on a form furnished by the

department and shall be accompanied by a $100 application fee or

the fee later established in the manner set forth under section

67A75 (relating to fees, fines and civil penalties). All

business licenses shall expire on December 31 each year, except

that the department may issue a license for the following year

when an initial license application is filed during the last two

months of a licensing year.

shall employ at all times and at each licensed business at least

one person who holds a current valid commercial or public

applicator certification. This person shall be responsible for

training fertilizer technicians on the proper handling and

application of fertilizer.

(d) Fertilizer technicians.--A fertilizer application

business shall ensure that fertilizer technicians do not apply

fertilizer unless the persons have gone through a training

program as described by section 67A26 (relating to training of

fertilizer technicians).

(e) Record.--A fertilizer application business shall

maintain a record and provide to the department, upon request,

the following:

(1) a list of all certified applicators employed by the

20170SB0792PN1004 - 41 -

business; and

(2) a list of all fertilizer technicians employed by the

business and an attestation that each has completed a

training program meeting the requirements of section 67A26.

The attestation shall be subject to the penalties for a

violation of 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities) or its successor statute.

(f) Notification.--A licensed fertilizer application

business shall notify the department in writing within 15 days

of a change in its license information, including the employment

status of its certified applicators and fertilizer technicians.

(g) License number display.--A fertilizer application

business shall prominently display on every vehicle involved in

the fertilizer application phase of its business the license

number assigned by the department. The number shall be in

figures at least three inches high and be located on both sides

of the vehicle at a readily visible location in a contrasting

color.

(h) Aerial application.--If a fertilizer application

business, or an applicator of fertilizer engages in aerial

applications, the applicant shall, upon request by the

department, provide proof of compliance with the Federal

Aviation Administration regulations as described in 14 CFR Pt.

137 (relating to agricultural aircraft operations) or its

successor regulations.

§ 67A23. Certification of applicators.

(a) Condition.--A commercial applicator or public applicator

for a fertilizer application business must be certified under

the requirements established under this chapter and the

department's regulations prior to:

20170SB0792PN1004 - 42 -

(1) applying fertilizer or conducting training of

fertilizer technicians; and

(2) the fertilizer application business applying

fertilizer.

(b) Training.--Only a fully certified applicator may train

fertilizer technicians.

(1) A person wishing to obtain full certification under

this chapter shall take and pass a written examination

prepared or approved by the department and shall demonstrate

minimum standard proficiency on the basis of a written

examination conducted at an approved test site under the

direction of the department or its designated agents. All

fees associated with the certification examination shall be

paid in full prior to certification by the department.

(2) Each applicant for certification shall demonstrate

knowledge and competence as to:

(i) Safety and health.

(ii) Labeling and label comprehension.

(iii) Environmental protection.

(iv) Equipment use, calibration and dosage

calculations.

(v) Personal protective equipment.

(vi) Cleaning and maintaining equipment.

(vii) Transportation, storage, security and

disposal.

(viii) Applicable Federal and State laws.

(ix) Any subject matter deemed appropriate by the

department's regulations.

(3) The department shall require a minimum examination

20170SB0792PN1004 - 43 -

fee of $10 or the fee as is later established in the manner

set forth under section 67A75 (relating to fees, fines and

civil penalties).

(d) Commercial and public applicators.

(1) A commercial or public applicator's certification

shall not be valid until the applicator is associated with a

fertilizer application business that is licensed according to

the requirements of section 67A22 (relating to licensing of

fertilizer application businesses).

(2) If a commercial or public applicator separates

employment from a fertilizer application business, the

eligibility for certification shall remain with the

applicator and may be transferred to another fertilizer

application business.

(e) Issuance of certification.--Certification shall be

issued to a person upon successful completion of all classroom,

examination, testing and certification requirements established

under this chapter, an order of the department and regulations

of the department and the payment of all fees, unless revoked or

suspended by the department.

(f) Activation.--Upon receiving notice of passing all

certification requirements, the applicant shall, within 12

months of becoming eligible to be certified as a commercial or

public applicator, file with the department a request to

activate certification. A person who fails to request activation

within the 12-month period shall lose certification eligibility

and shall again establish eligibility in accordance with this

section.

(g) Expiration.--Certification shall expire as follows:

(1) Commercial applicator certification shall expire on

20170SB0792PN1004 - 44 -

September 30 of each year following the date of

certification.

(2) Public applicator certification shall expire on

September 30 every three years following the date of

certification.

(3) With regard to an initial application for

certification, the department may issue a certificate for an

additional year when a person becomes fully certified within

the last two months of the certification year.

(h) Grandfathering.--A person holding a valid pesticide

applicator certification in categories 1, 2, 3, 5, 6, 7, 18, 22,

23 and 25 under the act of March 1, 1974 (P.L.90, No.24), known

as the Pennsylvania Pesticide Control Act of 1973 , at the time

this chapter is enacted shall be granted certification as a

certified fertilizer applicator under this chapter but shall

still comply with all other requirements of this chapter. The

certification shall be valid until each person's pesticide core

recertification is due, at which time that person shall be

required to meet all the recertification requirements as

required under section 67A24 (relating to recertification of

applicators).

§ 67A24. Recertification of applicators.

(a) Continuing education.--At intervals of three years, a

certified applicator shall provide evidence of having received

continuing education credits in technology relating to

fertilizer applications. Recertification training shall be in

the following content areas:

(1) Safety and health.

(2) Labeling and label comprehension.

(3) Environmental protection.

20170SB0792PN1004 - 45 -

(4) Equipment use, calibration and dosage calculations.

(5) Personal protective equipment.

(6) Cleaning and maintaining equipment.

(7) Transportation, storage, security and disposal.

(8) Applicable Federal and State laws.

(9) Any subject matter deemed appropriate by the

department's regulations.

(b) Credits.--Continuing education credits will be given on

the basis of attendance at courses or other appropriate training

approved by the department. Training will be evaluated by the

department and assigned credits. At a minimum, certified

applicators shall obtain two credits or the total amount of

credits later established by publication in the Pennsylvania

Bulletin.

following:

(1) Training shall be conducted or sponsored by the

department or a department-approved institution, association,

business entity or a governmental agency. The department-

approved trainer shall submit course materials for approval

by the department and shall establish that courses will be

conducted by a person or persons that are certified

applicators in good standing under this chapter and with at

least three years' experience as a certified fertilizer

applicator or by an approved entity with other documented

qualifications to serve as a trainer, such as an appropriate

educational background.

(2) Training shall be approved for continuing education

credits at the rate of one credit per 60 minutes, or as later

established by regulation, of applicable instruction,

20170SB0792PN1004 - 46 -

exclusive of coffee breaks, lunches, visits to exhibits and

other similar activities.

(3) An approved entity wishing to conduct or sponsor

continuing education training shall submit a written request

for course and trainer approval to the department's regional

office for the region in which the meeting will be held. A

request to approve out-of-State training must be submitted to

the department's headquarters. The request shall include

evidence of compliance with the standards established by

paragraph (1).

(d) Information request.--A request for training approval

shall include the following information:

(1) The name, address and telephone number of the

contact person who is coordinating the training.

(2) The specific location where the training course will

be offered.

(3) The date and time of the training course.

(4) A listing of the trainers, trainer qualifications,

subject matter and time allotted to each subject.

(5) A statement of whether the training is open to the

public and, where applicable, the charge to attend.

(6) A detailed course syllabus setting forth the subject

matter to be covered and a description of the content, the

time period allotted for each subject matter and trainer name

and certification.

(e) Oath or affirmation.--A statement made in a request to

approve training shall be supported by oath or affirmation and

is subject to the penalties for a violation of 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities) or its

successor statute.

20170SB0792PN1004 - 47 -

(f) Assignment of credits.--Credits shall be assigned to

each training course based upon the subjects covered and the

amount of time expended on each subject.

(g) Monitoring of training.--All training shall be monitored

by an employee of the department. If an employee of the

department is unable to monitor the training, the training

course coordinator shall be responsible for authenticating

attendance and shall compile an approved list of Pennsylvania

certified applicators in attendance. This list shall be returned

to the department within 10 working days following the meeting

date and shall include the name of each individual attending and

applicator certification number.

(h) Modification of credits.--Credits assigned may be

modified if the content, approved trainer or time of the actual

training course differs from the original training course

approved by the department.

(i) Violation.--Falsification by a department-approved

course trainer or sponsor of information required under this

section shall be considered a violation of this chapter for

which the department may assess a penalty as provided for in

this chapter and withdraw approval of the course as set forth

under this section.

(j) Attendance falsification.--A person may not falsify

attendance or that of another person's attendance at a

continuing education meeting. Falsification of attendance at a

continuing education course by a person shall be considered a

violation of this chapter for which the department may assess a

penalty as provided for under this chapter and revoke the

applicator's certification and require full renewal of

certification as required under section 67A23 (relating to

20170SB0792PN1004 - 48 -

certification of applicators).

(k) Failure to obtain required credits.--If a person does

not obtain the required number of recertification credits in the

triennial year in which continuing education credits are due,

the person's certification shall be invalid and that person

shall cease and desist from all fertilizer application and

recertification shall require completion of delinquent

continuing education credits as established in this section

prior to certification being renewed.

(l) Failure to complete delinquent credits.--If a person

fails to complete delinquent continuing education credits within

one year from the triennial expiration date or fails to renew

the certification for any reason during that time period, the

person shall cease and desist from all fertilizer application

and shall be required to reestablish eligibility by meeting the

requirements in section 67A23.

§ 67A25. Reciprocal agreement.

The department may issue a license or certification on a

reciprocal basis with other states without examination to a

nonresident who is licensed, or certified, in another state that

administers a fertilizer licensing or certification course

substantially in accordance with the provision of this chapter.

§ 67A26. Training of fertilizer technicians.

(a) Prohibition.--Fertilizer technicians working for a

fertilizer application business may not apply fertilizer without

first going through a training program, as required by the

provisions of this chapter, an order of the department or the

department's regulations.

(b) Requirements.--Fertilizer technicians shall be an

employee of the business and trained by a certified applicator

20170SB0792PN1004 - 49 -

who is an employee of the same business.

shall not be transferrable between businesses.

(d) Program administration.--The training program for

fertilizer technicians shall be administered by a certified

applicator, employed by the fertilizer application business

employing the fertilizer technician, in subject matter involving

the assigned tasks of the fertilizer technician. The training

program shall include, but not be limited to:

(1) Proper use of fertilizers and use of application

equipment, including calibration and maintenance equipment

used on the job.

(2) Protective clothing required during the application

and handling of fertilizers.

(3) Transportation and disposal of fertilizers used in

and around the workplace.

(4) Applicable Federal and State regulations as they

affect the work assignments.

(5) Competence in reading and following label and

application requirements.

(e) Noncertified employees.--When there are noncertified

employees engaged in the application of fertilizer, they shall

be trained according to subsection (d) or work under the

supervision of a certified applicator who is physically present

on the job site.

(f) Training and supervision prohibition.--A fertilizer

technician may not train applicators or supervise the use or

application of fertilizers by other fertilizer technicians or

noncertified employees.

(g) Record.--At the completion of training, the certified

20170SB0792PN1004 - 50 -

applicator conducting the training shall complete a record of

training. Training records shall be maintained by the firm for

one year following separation of the fertilizer technician's

employment and at a minimum shall include:

(1) Name and certification number of the trainer.

(2) Name of fertilizer technician trained.

(3) Date of training.

(4) Areas of training.

(5) Business name and address of the fertilizer

application business employing the fertilizer technician.

(6) Any other requirements as established by the

department through order or regulations.

SUBCHAPTER D

RECORDKEEPING FOR APPLICATORS AND AIRPORTS

Sec.

67A31. Records.

§ 67A31. Records.

(a) Required information.--Applicators required to be

certified under section 67A23 (relating to certification of

applicators) and fertilizer technicians trained under section

67A26 (relating to training of fertilizer technicians) shall

keep for every application of fertilizer a record containing the

following information:

(1) The name and address of the customer and the address

and location of the application site, if different from the

address of the customer.

(2) A record of the date of each fertilizer application.

For continuous applications, such as hydroponics or drip

lines, the record shall include start and finish dates and

the total amount of fertilizer products used during that time

20170SB0792PN1004 - 51 -

period. For each addition of a fertilizer to the system, an

entry to the record is required.

(3) The weather conditions, including approximate

temperature.

(4) The brand name and grade of the fertilizer used.

(5) The dosage or rate of application of every

fertilizer used.

(6) The total amount of fertilizer used in pounds,

ounces, gallons or liters applied to a treated area.

(7) The identification of the application site,

including the specific field or land area and the crop and

size of the area treated with fertilizer.

(8) The name and certification number of each person

involved with the application and the name of each fertilizer

technician and noncertified employee involved in the

application.

(9) Additional information as the department may require

through order or regulation.

(b) Fertilizer application record.--A fertilizer application

record shall be completed in written or printable form no later

than 24 hours after the application date and made immediately

available to the department upon request. The department may

require the submission of annual reports.

melting snow or ice shall:

(1) Develop and submit to the department, every five

years, or upon revision, a plan for collecting runoff that

will reduce the amount of material that would enter a lake,

pond, wetland or flowing body of water.

(2) Report to the department, prior to January 31 of

20170SB0792PN1004 - 52 -

each year, the total tonnage of nitrogen-based material

utilized in the previous calendar year. Reports shall be on a

form prescribed by the department. The department shall not

require a fee for the report. At a minimum, airport tonnage

reports shall include:

(i) The airport name and address.

(ii) The brand name of the product used.

(iii) List of ingredients and the percentage of

each.

(iv) Total amount of material applied during the

calendar year.

(v) Any other information required by the department

through regulation.

(d) Maintenance requirements.--A record required under this

section shall be maintained for at least three years.

(e) Additional requirements.--In addition to the

requirements established under this section, the department may

promulgate regulations to require additional record keeping and

application reporting requirements.

SUBCHAPTER E

APPLICATION RATES, REQUIREMENTS AND PROHIBITIONS

Sec.

67A41. Application of fertilizer.

67A42. Prohibited acts.

§ 67A41. Application of fertilizer.

(a) Restrictions.--No person may:

(1) Apply fertilizer to an impervious surface. Any

fertilizer inadvertently applied to an impervious surface

shall be removed from the impervious surface immediately

following the application.

20170SB0792PN1004 - 53 -

(2) Apply fertilizer containing nitrogen or phosphorus

to turf at any time when the ground is frozen to a depth of

at least two inches or snow covered.

(3) Apply nonaquatic fertilizer within 15 feet of the

top of a bank of a lake, pond, wetlands or flowing body of

water, except that fertilizer may be applied to the top of

the bank of the waterways if applied using a drop spreader,

rotary spreader with deflector, targeted spray liquid or

other available targeted application technology when

establishing a stream buffer zone. The establishment of

setbacks for fertilizer application under this paragraph

shall not preclude the establishment or applicability of or

required compliance with any other environmental standard

established under any other Federal or State law, rule or

regulation.

(4) Apply fertilizer containing phosphorus or nitrogen

to turf before March 1 or after December 15 in any calendar

year, except fertilizer containing no more than 0.5 pounds of

total nitrogen per 1,000 square feet may be applied by a

certified applicator or fertilizer technician to turf after

December 15 but before March 1 in a calendar year.

(b) Fertilizer use and application rates for turf.--Except

as provided under subsections (c), (d), (e) and (f), at least

20% of the total nitrogen applied to turf per 1,000 square feet

shall be enhanced efficiency nitrogen and application rates for

turf shall:

(1) not exceed 0.7 pounds of readily available nitrogen

per 1,000 square feet per application;

(2) not exceed 0.9 pounds of total nitrogen per 1,000

square feet per application; and

20170SB0792PN1004 - 54 -

(3) contain zero phosphorus, except when specifically

labeled for the following purposes:

(i) establishing vegetation for the first time;

(ii) reestablishing or repairing a turf area; or

(iii) as an enhanced efficiency phosphorus

fertilizer, natural organic fertilizer, organic-base

fertilizer or fertilizer derived from a by-product

applied at a rate not to exceed 0.25 pounds of phosphorus

per 1,000 square feet, with a maximum total annual

application of 0.5 pounds of phosphorus per 1,000 square

feet per year.

An applicator shall not be required to follow the application

rates under subsection (b) if a site-specific plan is used based

on the following:

(1) a soil test that was conducted within the previous

three years. Soil testing procedures shall be those

recommended by The Pennsylvania State University or published

in Recommended Soil Testing Procedures for the Northeastern

United States, Bulletin #493, published by the University of

Delaware, or its successor publication;

(2) current soil, plant species, climate, use,

topography and other appropriate management factors including

the promotion of water infiltration and the reduction of

erosion; and

(3) rates recommended by The Pennsylvania State

University or other Pennsylvania university or college

recognized by the department.

(d) Golf courses.--The use of enhanced efficiency fertilizer

shall not be required on the tees, fairways or greens of a golf

20170SB0792PN1004 - 55 -

course.

(e) Additional restrictions.--Where science indicates, the

department may establish additional restrictions.

(f) Exemption.--The requirements of this section shall not

apply to fertilizer applied by a public or private college or

university for research purposes.

§ 67A42. Prohibited acts.

(a) Prohibited acts by business, certified applicator or

fertilizer technician.--A fertilizer application business,

certified applicator or fertilizer technician may not:

(1) Apply fertilizer without a license, certification or

the training as required by this chapter.

(2) Apply any fertilizer that is misbranded or

adulterated.

(3) Make false or fraudulent records, invoices or

reports concerning the application, storage or disposal of

fertilizer.

(4) Make a false statement or misrepresentation of

material fact on an application for issuance or renewal of a

license or certification required pursuant to the provisions

of this chapter, an order or the regulations promulgated

under this chapter.

(5) Refuse or neglect to comply with any conditions or

limitations imposed upon a license or certification issued

pursuant to this chapter, a regulation promulgated under this

chapter or an order issued under the authority of this

chapter.

(6) Refuse to present evidence of proper licensure or

certification to an agent of the department upon request.

(7) Refuse to display their license or certification

20170SB0792PN1004 - 56 -

number in a manner as required by this chapter or the

regulations of the department.

(8) Fail to comply with any provision of this chapter, a

regulation promulgated under this chapter or any order issued

under the authority of this chapter.

(b) Prohibited acts by person.--A person may not:

(1) Apply, use or cause to be used any fertilizer in a

manner that differs from or is inconsistent with its

labeling.

(2) Apply fertilizer with a device that is not intended

for the application of fertilizer or that has not been

properly calibrated.

(3) Operate fertilizer application equipment or devices

in a faulty, careless or negligent manner.

(4) Apply, dispose of, discard or store any fertilizer

product in a manner that is inconsistent with its label,

would cause over application of fertilizer, would result in

direct discharge to a storm drain or waters of the

Commonwealth or in a manner inconsistent with regulations

promulgated by the department or any order issued by the

department.

(5) Refuse or neglect to keep and maintain the records

required by this chapter and order of the department or the

regulations promulgated under this chapter or to refuse or

neglect to make reports when and as required by regulation or

order of the department.

(6) Aid or abet another to evade the provisions of this

chapter, a regulation promulgated hereunder or an order

issued under the authority of this chapter, conspire with

another for that purpose or allow a certification to be used

20170SB0792PN1004 - 57 -

by another.

(7) Hinder, mislead, make false statements to or refuse

to cooperate with an employee or agent of the department in

any investigation or inspection undertaken pursuant to the

authority delegated to the department under the provisions of

this chapter.

(8) Apply fertilizer, fertilizer material or any

nitrogen-based material for the purposes of melting snow or

ice, unless the material is applied to aircraft or areas an

aircraft accesses at an airport. Airports using nitrogen-

based materials for melting snow or ice shall establish a

method for collecting runoff to reduce the amount of material

that would enter a lake, wetlands or flowing body of water.

(9) Fail to comply with any provision of this chapter,

the regulations promulgated under this chapter or any order

issued under the authority of this chapter.

SUBCHAPTER F

AGRICULTURAL AND HOMEOWNER EDUCATION PROGRAM

Sec.

67A51. Agricultural and homeowner education.

§ 67A51. Agricultural and homeowner education.

The department, through guidelines established in

consultation with The Pennsylvania State University and

representatives of the agricultural and turf grass industries,

shall undertake a program of public outreach to educate the

public on proper use, application, handling and storage of

fertilizers.

SUBCHAPTER G

ADMINISTRATIVE AND PENALTY PROVISIONS

Sec.

20170SB0792PN1004 - 58 -

67A61. Publications.

67A62. Rules and regulations.

67A63. Short weight.

67A64. Refusal, suspension or revocation of registration,

license or certification.

67A65. Stop-sale orders.

67A66. Seizure and condemnation.

67A67. Unlawful conduct.

67A68. Interference with officer or employee of department.

67A69. Enforcement and penalties.

67A70. Appeal process.

67A71. Civil remedy.

67A72. Cooperation with other entities.

67A73. Exchanges between manufacturers.

67A74. Confidentiality.

67A75. Fees, fines and civil penalties.

67A76. Disposition of funds.

67A77. Delegation of duties and exclusion of local laws and

regulations.

§ 67A61. Publications.

The department may publish on an annual basis, and in a form

the department deems proper, information concerning the

distribution of fertilizers by county and fertilizer use

category and results of analyses based on official samples of

fertilizer distributed within this Commonwealth as compared with

analyses guaranteed under sections 67A12 (relating to

registration of specialty fertilizers) and 67A13 (relating to

labels and labeling).

§ 67A62. Rules and regulations.

The department may, where necessary, promulgate and enforce

20170SB0792PN1004 - 59 -

rules and regulations necessary for administration and

implementation of this chapter.

§ 67A63. Short weight.

If any fertilizer in 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

department, submit to the consumer a penalty payment of two

times the value of the actual shortage.

§ 67A64. Refusal, suspension or revocation of registration,

license or certification.

(a) Authority of department.--The department may refuse,

suspend or revoke the registration of any fertilizer or refuse,

suspend or revoke the license or certification of a person where

the registrant, licensee or certificate holder has not complied

with the provisions of this chapter or a regulation or order of

the department or of a person who has used fraudulent or

deceptive practices in the evasion or attempted evasion of the

provisions of this chapter.

(b) Hearing.--The department shall provide an opportunity

for a hearing, as set forth under section 67A70 (relating to

appeal process), to a person appealing an action of the

department under this section.

§ 67A65. 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 being offered or exposed

for sale in violation of any of the provisions of this chapter

or a regulation or order issued hereunder. Fertilizer placed

under the order shall be held at a designated place approved by

the department and not moved in any way without written approval

20170SB0792PN1004 - 60 -

by the department. 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 fertilizer in violation has

been disposed of in a manner authorized by the department. The

authorization shall be set forth in writing.

(b) Release by department.--The department shall release the

fertilizer held under a stop-sale order when the requirements of

the provisions of this chapter or a regulation or order issued

hereunder, have been complied with and all costs and expenses

incurred in connection with the order have been paid by the

person responsible for the violation.

§ 67A66. Seizure and condemnation.

Fertilizer not in compliance with the provisions of this

chapter, or a regulation or order issued hereunder, 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 giving the claimant an

opportunity for a hearing as provided for under section 67A70

(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.

§ 67A67. Unlawful conduct.

It shall be unlawful for any person to fail to comply with or

to cause to assist in the violation of any order or any of the

provisions of this chapter or the rules and regulations adopted

under this chapter.

§ 67A68. Interface 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

20170SB0792PN1004 - 61 -

this chapter commits a misdemeanor of the third degree and

shall, upon conviction, be subject to a term of imprisonment for

not more than one year or a fine of not more than $2,500, or

both.

§ 67A69. Enforcement and penalties.

(a) Criminal penalties.--Unless otherwise specified, a

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) Civil penalties.--The following shall apply:

(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

20170SB0792PN1004 - 62 -

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).

(1) A person who uses to their 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.

(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.

(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 department 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.

(f) District attorney.--It is the duty of each district

20170SB0792PN1004 - 63 -

attorney to whom any criminal violation of this chapter is

reported to cause appropriate proceedings to be instituted and

prosecuted in a court of competent jurisdiction without delay.

§ 67A70. 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 Ch. 7 Subch. A (relating to judicial review of Commonwealth

agency action). A person shall have 15 days to appeal an

enforcement action of the department.

§ 67A71. Civil remedy.

(a) Office of Attorney General.--In addition to any other

remedies provided for under this chapter, the Office of Attorney

General, at the request of the department, may initiate in the

Commonwealth Court or the court of common pleas of the county in

which the defendant resides or has a place of business an action

in equity for an injunction to restrain any violations of this

chapter or the rules and regulations promulgated under this

chapter or any order issued pursuant to this chapter from which

no timely appeal has been taken or which has been sustained on

appeal.

(b) Preliminary injunctions.--In a proceeding under

subsection (a), the court shall, upon motion of the

Commonwealth, issue a preliminary injunction if the court finds

that the defendant is engaging in conduct that causes immediate

or irreparable harm to the public or has engaged in other

conduct which the court has developed through case law.

required to furnish bond or other security in connection with

proceedings under this section.

20170SB0792PN1004 - 64 -

(d) Civil penalties.--In addition to an injunction, the

court may levy civil penalties as provided under this chapter.

§ 67A72. 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.

§ 67A73. Exchanges between manufacturers.

Nothing in this chapter shall be construed as restricting or

avoiding sales or exchanges of fertilizers to each other by

importers, manufactures or manipulators who mix fertilizer

materials for sale or as preventing the free and unrestricted

shipments of fertilizer to manufacturers or manipulators who are

in compliance with the provisions of this chapter.

§ 67A74. Confidentiality.

All proprietary business information contained in records,

data, formulations and other information filed with or collected

by the department relating to inspections, tonnage reports and

trade secrets, such as product formulation, customer lists or

production methods, shall be exempt from the act of February 14,

2008 (P.L.6, No.3), known as the Right-to-Know Law, or its

successor statute and subject to inspection only upon the order

of a court of competent jurisdiction.

§ 67A75. Fees, fines and civil penalties.

(a) Insufficient revenues.--If the revenues raised by fees,

fines and civil penalties imposed under this chapter are not

sufficient to meet expenditures for the administration and

enforcement of this chapter over a two-year period, the

department may increase those fees so that the project revenues

will meet or exceed projected expenditures.

20170SB0792PN1004 - 65 -

(b) Notice and effective date.--The department shall

announce the adjustment of fees, fines and penalties 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.

§ 67A76. Disposition of funds.

Money received from license fees, registration fees,

applicator certification, inspection fees, fines and penalties

shall be paid into a special restricted account in the General

Fund known as the Agronomic Regulatory Account. All money in the

Agronomic Regulatory Account is 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).

§ 67A77. Delegation of duties and exclusion of local laws and

regulations.

(a) General rule.--This act and its provisions are of

Statewide concern and occupy the whole field of regulation

regarding the registration, packaging, labeling, sale,

transportation, distribution, use and application of fertilizers

and certification of fertilizer applicators to the exclusion of

all local regulations.

(b) Enforcement.--No ordinance or regulation of any local

agency, political subdivision or home rule municipality may

prohibit or in any way attempt to regulate any matter relating

to the registration, packaging, labeling, sale, transportation,

distribution, use or application of fertilizer, if any of these

ordinances, laws or regulations are in conflict with this

chapter.

20170SB0792PN1004 - 66 -

prevent a political subdivision or home rule municipality from

adopting and enforcing ordinances or regulations which are

consistent with and no more stringent than the requirements of

this chapter and the regulations or guidelines promulgated under

this chapter. No penalty shall be assessed under any local

ordinance or regulation under this subsection for any violation

for which a penalty has been assessed under this chapter.

Section 4. Sections 6921 and 7122 of Title 3 are amended to

read:

§ 6921. Disposition of funds.

Moneys received from license fees, registration fees,

inspection fees, fines and penalties shall be paid into the

Agronomic Regulatory Account established in section [6725] 67A76

(relating to disposition of funds). All moneys in the Agronomic

Regulatory Account are hereby appropriated to the department for

the purposes of this chapter and Chapter [67] 67A (relating to

fertilizer).

§ 7122. Disposition of funds.

Moneys received from license fees, seed testing fees,

certification fees, fines and penalties shall be paid into the

Agronomic Regulatory Account established in section [6725] 67A76

(relating to disposition of funds). All moneys in the Agronomic

Regulatory Account are hereby appropriated to the department for

the purposes of Chapters [67] 67A (relating to fertilizer) and

69 (relating to soil and plant amendment) and this chapter.

Section 5. Specific appropriation.--The sum of $100,000 is

hereby appropriated to the department to be deposited in the

Agronomic Regulatory Account, for use by the Department of

Agriculture to develop the certification and recertification

courses required under 3 Pa.C.S. §§ 67A22 (relating to licensing

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of fertilizer application businesses) and 67A23 (relating to

certification of applicators) and any computer programming or

software necessary for administration and enforcement of 3

Pa.C.S. Ch. 67A.

Section 6. This act shall take effect as follows:

(1) The addition of 3 Pa.C.S. §67A13 shall take effect

in eighteen (18) months.

(2) The addition of 3 Pa.C.S. §67A22 shall take effect

upon the development of the certification courses specified

under 3 Pa.C.S. §67A22(e).

(3) The addition of 3 Pa.C.S. §67A23 shall take effect

upon the development of the recertification courses specified

under 3 Pa.C.S. §67A23(a).

(4) The remainder of this act shall take effect

immediately.

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