S0792B1004A06158 SFR:JSL 03/19/18 #90 A06158
AMENDMENTS TO SENATE BILL NO. 792
Sponsor: SENATOR ALLOWAY
Printer's No. 1004
Amend Bill, page 1, line 4, by striking out "and,"
Amend Bill, page 1, line 5, by inserting after "funds"
; and imposing duties on the Department of Agriculture
Amend Bill, page 18, lines 17 through 30; pages 19 through
67, lines 1 through 30; page 68, lines 1 through 15; by striking
out all of said lines on said pages and inserting
CHAPTER 68
FERTILIZER
Subchapter
A. General Provisions
B. Fertilizer Manufacturers and Guarantors
C. Applicator Licensing and Certification
D. Recordkeeping for Applicators
E. Application Rates, Requirements and Prohibitions
F. Agricultural and Homeowner Education Program
G. Administration and Penalties
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
6801. Short title of chapter.
6802. Legislative intent.
6803. Definitions.
§ 6801. Short title of chapter.
This chapter shall be known and may be cited as the
Fertilizer Act.
§ 6802. Legislative intent.
This chapter is intended to:
(1) Provide for the labeling, application,
recordkeeping, packaging, use, sale and distribution of
agricultural fertilizer as well as turf or other specialty
fertilizer.
(2) Provide consumer protection through licensing,
labeling and sampling.
(3) Establish professional fertilizer applicator
certification.
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(4) Provide a means of consumer education and outreach.
(5) Ensure that applicators follow best practices when
applying fertilizer.
§ 6803. 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, or its successor statute, that contains a
plant nutrient and meets all applicable regulations of the
Department of Environmental Protection.
"Certified applicator." A person who is certified under
section 6832 (relating to certification of applicators) as
competent to use or supervise the use of fertilizer or train
fertilizer technicians on the proper application of fertilizer.
"Commercial applicator." A person who applies or supervises
the application of fertilizer to the property or premises of
another or who applies or supervises application of fertilizer
to any of the following:
(1) A golf course.
(2) The property or premises of a public or private
park.
(3) The property or premises of 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 (42
U.S.C.A. § 2000c) (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. A person conducting
research at a public or private college or university or a
State-related university that applies fertilizer to test
plots shall not be deemed a commercial applicator.
(5) A public playground or an athletic field.
"Consumer." A person who purchases fertilizer for the end
use of the product.
"D eficiency." 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
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fertilizer material.
"Enhanced efficiency." Relating to a fertilizer product with
characteristics that allow increased plant nutrient uptake and
reduced potential of nutrient losses to the environment, such as
gaseous losses, leaching or runoff, when compared to an
appropriate reference product as determined by the department by
publishing a notice in the Pennsylvania Bulletin.
"Facility." Each separate mill or plant that manufactures
fertilizer.
"Fertilizer." A substance 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 manure and plant
remains, agricultural liming materials, wood ashes and other
materials exempted by the department's regulations. The term
shall not apply to animal manure which is regulated under:
(1) 25 Pa. Code § 91.36(b) (relating to pollution
control and prevention at agricultural operations);
(2) Chapter 5 (relating to nutrient management and odor
management); or
(3) the act of June 28, 2004 (P.L.454, No.49), known as
the Commercial Manure Hauler and Broker Certification Act.
" Fertilizer application business." A governmental or public
entity, commercial applicator or business for profit or not for
profit that applies fertilizer:
(1) on the property or premises of another;
(2) to the property or premises of a golf course, park,
school, college or university or public playground; or
(3) to an athletic field.
"Fertilizer application business license." A license
obtained under section 6831 (relating to licensing of fertilizer
application businesses).
" Fertilizer license." A license obtained under section 6811
(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 who:
(1) is not certified under this chapter;
(2) works for a fertilizer application business; and
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(3) works under the direction of a certified applicator.
"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.
"G rade." 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.
Specialty fertilizers may be guaranteed in fractional units of
less than 1% of total nitrogen, available phosphate and soluble
potash, provided that fertilizer materials, bone meal, manures
and similar materials may be guaranteed in fractional units.
"Growing media." Material in which plants are grown, such as
garden soil, potting soil or commercial soil-less mixes.
"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.
"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.
"Manure." Animal excrement, with or without the bedding,
litter, straw, washwater and other refuse materials, dirt and
waste ordinarily mixed or commingled with that excrement, which
is produced at an agricultural operation.
"Micronutrient." Any of the following:
(1) Boron.
(2) Chlorine.
(3) Cobalt.
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(4) Copper.
(5) Iron.
(6) Manganese.
(7) Molybdenum.
(8) Nickel.
(9) Sodium.
(10) Zinc.
"Natural organic fertilizer." Materials derived from 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 any combination of
these processes. These materials shall not be mixed with
synthetic materials or changed in any physical or chemical
manner from their initial state except by manipulations such as
drying, cooking, chopping, grinding, shredding, hydrolysis 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 or its agent to effectuate the
provisions of this chapter and designated as official.
"Organic based 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.
"Person." An individual, a partnership, an association, a
firm, a corporation or another legal entity.
"Plant nutrient." Any of the following:
(1) A primary nutrient.
(2) A secondary nutrient.
(3) A micronutrient.
"Primary nutrient." Any of the following:
(1) Nitrogen.
(2) Phosphorus.
(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.
" Registrant." A person who registers fertilizer under this
chapter.
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"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.
(3) Sulfur.
"Specialty fertilizer." A fertilizer distributed for nonfarm
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, such as a
stream, river or creek, that is used to slow water runoff,
enhancing water infiltration and minimizing the risk of
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.
6811. Licensing.
6812. Registration of specialty fertilizers.
6813. Turf fertilizer components.
6814. Labels and labeling.
6815. Inspection fees.
6816. Tonnage reports.
6817. Inspection, sampling and analysis.
6818. Plant food deficiency.
6819. Commercial value.
6820. Misbranding.
6821. Adulteration.
§ 6811. Licensing.
(a) Requirements.--Each person engaged in the manufacture 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 a fee later established in the manner under
section 6885 (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
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also require an applicant or fertilizer licensee to provide a
typical analysis of selected components that may be in the
fertilizer.
§ 6812. 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 furnished by the
department and shall be accompanied by a fee of $100 or a fee
later established in the manner under section 6885 (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 specialty fertilizer registration
application.--An application for registration shall include:
(1) The brand and grade.
(2) T he guaranteed analysis.
(3) The name and address of the guarantor.
(4) Net weight.
(c) Exemption.--
(1) A distributor shall not be required to register a
specialty fertilizer which is already registered under this
chapter by another person, if the label does not differ in a
material respect.
(2) Registration is not required when a fertilizer is
formulated according to the specifications which are
furnished by the end user and is 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 a fee later established in
the manner under section 6885, may be assessed and added to the
original fee and shall be paid by the applicant before the
renewal of the 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.
§ 6813. Turf fertilizer components.
(a) General rule.--Except as provided in subsection (b),
fertilizer labeled for turf that is distributed to end users in
this Commonwealth shall:
(1) Contain 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 or as determined by the department by
publishing a notice in the Pennsylvania Bulletin .
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(3) Contain no phosphorus, unless the fertilizer is a
natural organic or organic based fertilizer.
(b) Exemptions.--
(1) Subsection (a) shall not apply when turf fertilizer
is labeled for repairing a turf area or establishing a turf
area for the first time.
(2) Subsection (a)(1) shall not apply to liquid turf
fertilizers or readily available nitrogen fertilizers labeled
for turf, if the directions for use are in accordance with
the requirements of section 6852 (relating to application of
fertilizer to turf).
(c) Additional requirements.--The department, through
regulation, may establish additional requirements for turf
fertilizer.
§ 6814. Labels and labeling.
(a) Contents of label.--The guarantor of a 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 the following:
(1) The brand and grade of the fertilizer, but the grade
shall not be required when no primary nutrients are claimed.
(2) T he 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 under subsection (a)
shall accompany delivery and shall be provided in writing to the
purchaser at time of delivery.
(c) O ther guarantees.--Guarantees for nutrients other than
primary nutrients, shall be expressed in the form of the
element. The department may require by regulation that other
beneficial substances or compounds be guaranteed. When plant
nutrients or other substances or compounds are guaranteed, they
shall be 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 labeling claims made for fertilizer. Research in
support of the claims shall be performed by an institution
approved by the department utilizing acceptable scientific
methodology.
(e) Consumer-specified fertilizer formulations.--In lieu of
the requirements under 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 grade, net weight, guaranteed
analysis and name and address of the guarantor.
(f) Bulk storage.--Fertilizer in bulk storage that is
intended for distribution shall be identified with a label
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attached to the storage bin or container giving the name and
grade of the product.
(g) Turf fertilizer.--Subject to subsection (i), fertilizer
intended for use on turf that is distributed to end users in
this Commonwealth, in bulk or packages that are one pound or
greater, shall include a statement in legible and conspicuous
form that at a minimum sets forth the following requirements:
(1) This product shall not be applied near water, storm
drains or drainage ditches.
(2) This product shall not be applied if heavy rain is
expected.
(3) This product shall only be applied to the intended
application site.
(4) Material that lands on an impervious surface shall
be swept back onto the turf. This statement shall not be
required if the product is applied in a liquid form.
(h) Nonturf fertilizer.--Subject to subsections (i) and (k),
fertilizer that is not labeled for turf, in bulk or packages
that are 40 pounds or greater, 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:
(1) This product shall not be applied near water, storm
drains or drainage ditches or to any impervious surface.
(2) T his product shall not be applied if heavy rain is
expected.
(3) This product shall only be applied to the intended
application site.
(i) Fertilizers containing pesticides.--In lieu of the
statements required under subsections (g) and (h), the label for
fertilizer products containing pesticides shall contain the
environmental hazard statement recommended by the United States
Environmental Protection Agency for that product.
(j) M inimum font size.--Statements required under
subsections (g) and (h) shall be printed in a legible and
conspicuous manner and not be smaller than the height of the
font used for the directions for use on the product labeling.
(k) Exemption.--The requirements of subsection (h) and of
this section shall not apply to fertilizer labeled for aquatic
settings, growing media, indoor use or potted plants.
(l) Prohibition.--The label for fertilizer or 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.
(m) Other label information.--The department may, by
regulation, require additional information to be present on the
label or labeling of fertilizers.
§ 6815. Inspection fees.
(a) Amounts.--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
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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 under section 6885 (relating to fees, fines and civil
penalties). In no case shall the inspection fee paid
semiannually amount to less than $25 or a fee later established
in the manner under section 6885.
(b) A djustment of fees by department.--
(1) Notwithstanding subsection (a), following notice to
the registrants and licensees, if the department determines
that the money derived from the registration and inspection
fees are 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 5¢ 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.
§ 6816. Tonnage reports.
(a) Requirements .--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 the intended use and 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.
(b) Multiple guarantors.--When more than one guarantor is
involved in the distribution of fertilizer, the guarantor who
distributed the fertilizer last shall report the tonnage and pay
the inspection fee, unless the report and payment have been made
by a prior distributor.
(c) Late fee.--A penalty of $25 or 10% of the total
inspection fee, whichever is greater, or a fee later established
in the manner under section 6885 (relating to fees, fines and
civil penalties), shall be imposed for a 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 a 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
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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.
§ 6817. Inspection, sampling and analysis.
(a) Authorization.--The department shall inspect, sample,
make analyses of and test fertilizers distributed within this
Commonwealth and shall inspect the storage of bulk fertilizer at
any time and place and to an extent that 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 public or private premises or carriers during
regular business hours to have access to fertilizer subject to
and the records relating to the provisions of this chapter or
the regulations promulgated under this chapter.
(b) Methodology.--The methods of fertilizer sampling and
analysis by the department shall include those methods adopted
by the Association of Official Analytical Chemists
International. In cases not covered by those methods or in cases
where improved methods are available, the department may issue a
temporary order defining the method to be utilized. The method
defined in the temporary order shall be effective upon
publication in the Pennsylvania Bulletin. The temporary order
shall remain in effect for a period not to exceed one year,
unless reissued, or until the notice is promulgated as a
regulation.
(c) Deficiency determination.--In determining whether a
fertilizer is deficient in nutrients, the department shall be
guided solely by the official sample obtained and analyzed as
provided for in subsections (a) and (b).
(d) Maintenance 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 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.
§ 6818. Plant food deficiency.
(a) Penalties.--The following penalties shall be assessed
for deficiencies from the guaranteed analysis:
(1) A penalty payment of five times the commercial value
of each deficiency shall be assessed when the analysis shows
that a fertilizer is deficient:
(i) in one or more of its guaranteed primary plant
nutrients beyond a tolerance of 10% (two unit maximum);
or
(ii) when the overall index value of the primary
nutrients in the fertilizer is below 97.
(2) When a fertilizer is subject to a penalty payment
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under paragraph (1)(i) and (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 a
penalty under this chapter.
(b) Payment of penalties.--Within 90 days following receipt
of the official report of analysis, the guarantor shall pay to
the consumer a deficiency penalty in the amount prescribed on
the report of analysis. Receipts of payment shall be promptly
forwarded by the guarantor to the department. If the consumer
cannot be found, the penalties shall be paid to the department.
(c) D eficiencies in fertilizers.--A deficiency in an
official sample of 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 a penalty as
provided for in this chapter.
§ 6819. Commercial value.
For the purpose of determining the commercial value to be
applied under section 6818 (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 fertilizers 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.
§ 6820. 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 in section 6814
(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 such plant nutrient or fertilizer conforms
to the definition of identity, if any, prescribed by
regulation.
§ 6821. Adulteration.
No person shall distribute an adulterated fertilizer product.
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
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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.
6831. Licensing of fertilizer application businesses.
6832. Certification of applicators.
6833. Recertification of applicators.
6834. Reciprocal agreement.
6835. Training of fertilizer technicians.
§ 6831. Licensing of fertilizer application businesses.
(a) Requirements.--A fertilizer application business must be
licensed prior to applying 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
location or place of business or operating under more than one
name in this Commonwealth shall license each location, place of
business and business entity. For a governmental or public
entity, each district or region shall be considered a separate
business and shall require a separate license.
(b) Operation, application and expiration.--A fertilizer
application business may 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 a fee later
established in the manner under section 6885 (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.
(c) Employer requirement.--A fertilizer application business
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 fertilizer technicians do not apply
fertilizer unless the persons have gone through a training
program as described by section 6835 (relating to training of
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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
business.
(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 6835.
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.
§ 6832. Certification of applicators.
(a) Condition.--A commercial applicator or public applicator
for a fertilizer application business must be certified under
the requirements established in this chapter and the
department's regulations prior to:
(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.
(c) Certification examination.--
(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 the issuance of a certification
certificate by the department.
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(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
fee of $10 or a fee later established in the manner under
section 6885 (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 6831 (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
by 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 this 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
September 30 of each year following the date of
certification.
(2) P ublic 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
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additional year when a person becomes fully certified within
the last two months of the certification year.
(h) Grandfathering.--
(1) A person holding a valid pesticide applicator
certification in the following categories under 7 Pa. Code §
128.42 (relating to categories of commercial and public
applicators) upon the effective date of this subsection shall
be granted certification as a certified fertilizer applicator
under this chapter but shall still comply with all other
requirements of this chapter:
(i) Category 1, Agronomic crops.
(ii) Category 2, Fruits and nuts.
(iii) Category 3, Vegetable crops.
(iv) Category 5, Forest pest control.
(v) Category 6, Ornamental and shade trees.
(vi) Category 7, Lawn and turf.
(vii) Category 18, Demonstration and research pest
control.
(viii) Category 22, Interior plantscape.
(ix) Category 23, Park or school pest control.
(x) Category 25, Aerial applicator.
(2) The certification under this subsection 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 by section 6833
(relating to recertification of applicators).
§ 6833. Recertification of applicators.
(a) Continuing education.--At intervals of three years, a
certified applicator shall provide evidence of having received
continuing education credits in practices relating to fertilizer
applications. Recertification training shall be in the following
content areas:
(1) S afety and health.
(2) Labeling and label comprehension.
(3) Environmental protection.
(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 shall be given on
the basis of attendance at courses or other appropriate training
approved by the department. Training shall be evaluated by the
department and assigned credits. At a minimum, certified
applicators shall obtain four credits every three years or the
total amount of credits later established by publication in the
Pennsylvania Bulletin.
(c) T raining.--Training shall be approved based on the
following:
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(1) Training shall be conducted or sponsored by the
department or a department-approved institution, association,
business entity or 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) T raining shall be approved for continuing education
credits at the rate of one credit per 30 minutes, or as later
established by regulation, of applicable instruction,
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) T he 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.
(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
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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
the individual's 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 under
this chapter and withdraw approval of the course as specified
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 6832 (relating to
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 under 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 6832.
§ 6834. 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 provisions of this chapter.
§ 6835. 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.
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(b) R equirements.--Fertilizer technicians shall be an
employee of the business and trained by a certified applicator
who is an employee of the same business.
(c) Transferability.--Training of fertilizer technicians
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 in accordance with subsection (d) or work under the
supervision of a certified applicator who is physically present
on the job site.
(f) T raining 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
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) The name and certification number of the trainer.
(2) The n ame of fertilizer technician trained.
(3) The date of training.
(4) The areas of training.
(5) The 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 regulation.
SUBCHAPTER D
RECORDKEEPING FOR APPLICATORS
Sec.
6841. Records.
§ 6841. Records.
(a) Required information.--Applicators required to be
certified under section 6832 (relating to certification of
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applicators) and fertilizer technicians trained under section
6835 (relating to training of fertilizer technicians) shall keep
for every application of fertilizer a record containing the
following information:
(1) T he 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
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.
(c) Maintenance requirements.--A record required under this
section shall be maintained for at least three years.
(d) 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.
6851. Application of fertilizer.
6852. Application of fertilizer to turf.
6853. Prohibited acts.
§ 6851. Application of fertilizer.
(a) Restrictions.--No person may apply nonaquatic fertilizer
within 15 feet of the top of a bank of a lake, pond, wetlands or
flowing body of water, such as a stream, river or creek, except
that fertilizer may be applied to the top of the bank of the
waterways if applied using a drop spreader, rotary spreader with
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deflector, targeted spray liquid or other available targeted
application technology when establishing and maintaining a
stream buffer zone. The establishment of setbacks for fertilizer
application under this subsection shall not preclude the
establishment or applicability of or required compliance with
any other environmental standard established under other Federal
or State law, rule or regulation.
(b) Regulation.--The department may establish additional
restrictions through regulation.
§ 6852. Application of fertilizer to turf.
(a) Application rates.--Except as provided in subsection
(d), fertilizer application rates to 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.
(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 or organic-based
fertilizer, if 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.
(b) Restrictions.--No person may:
(1) Apply turf fertilizer to an impervious surface. Turf
fertilizer which is inadvertently applied to an impervious
surface shall be removed from the impervious surface
immediately following the application.
(2) A pply 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 fertilizer containing nitrogen or phosphorus
to turf before March 1 or after December 15 in a calendar
year or dates as are later established by the department's
regulation. Fertilizer containing no more than 0.5 pounds of
total nitrogen per 1,000 square feet or a rate as is later
established by the department's regulation may be applied by
a certified applicator or fertilizer technician to turf after
December 15 but before March 1 in a calendar year.
(c) Fertilizer use and application rates for turf.--The
department may establish use and application rates for
fertilizer that is applied to turf. Fertilizer use and
application rates established shall be based on scientific
research representing conditions of this Commonwealth and
recommended by the Pennsylvania State University or other
Pennsylvania institution of higher education. The rates or
source of established fertilizer use and application rates shall
be published at least once every two years by the department in
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the Pennsylvania Bulletin. Use and application rates published
shall go into effect 90 days after publication in the
Pennsylvania Bulletin.
(d) Application based on soil test and site-specific plan.--
An applicator shall not be required to follow application rates
established under subsection (a) or (c) if a site-specific plan
is used based on all 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 or its successor publication,
published by the University of Delaware.
(2) Current soil, plant species, climate, use,
topography or other appropriate management factors.
(3) Rates recommended by the Pennsylvania State
University or other Pennsylvania university or college
recognized by the department.
(e) Certified applicators or fertilizer technicians.--In
addition to the requirements of section 6841 (relating to
records), when a certified applicator or fertilizer technician
applies fertilizer in accordance with subsection (d), the
certified applicator or fertilizer technician shall retain a
copy of the soil test and recommendations received for the site-
specific plan as part of the record-keeping requirements.
(f) A dditional requirements.--The department may establish
additional requirements through regulation.
(g) Exemption.--The requirements of this section shall not
apply to fertilizer applied for agricultural production or by a
public or private college or university for research purposes.
§ 6853. Prohibited acts.
(a) Prohibited acts by business, certified applicator or
fertilizer technician.--A fertilizer application business,
certified applicator or fertilizer technician may not:
(1) A pply fertilizer without a license, certification or
the training as required by this chapter.
(2) Apply 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 under this chapter, a
regulation promulgated under this chapter or an order issued
under the authority of this chapter.
(5) Refuse or neglect to comply with a condition or
limitation imposed upon a license or certification issued
under 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
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certification to an employee or agent of the department upon
request.
(7) Refuse to display the fertilizer application
business's, certified applicator's or fertilizer technician's
license or certification number in a manner required by this
chapter, a regulation promulgated under this chapter or an
order issued under the authority of this chapter.
(8) Refuse or neglect to keep and maintain the records,
or make reports when and as required, by this chapter, a
regulation promulgated under this chapter or an order issued
under the authority of this chapter.
(9) Fail to comply with a provision of this chapter, a
regulation promulgated under this chapter or an order issued
under the authority of this chapter.
(b) Prohibited acts by person.--A person may not:
(1) A pply fertilizer with a device that is not intended
for the application of fertilizer or that has not been
properly calibrated.
(2) Operate fertilizer application equipment or devices
in a faulty, careless or negligent manner.
(3) Dispose of, discard or store a fertilizer product in
a manner that would be inconsistent with its label, would
cause over-application of fertilizer, would result in direct
discharge to a storm drain or waters of this Commonwealth or
would be inconsistent with this chapter, a regulation
promulgated under this chapter or an order issued under the
authority of this chapter.
(4) Aid or abet another to evade the provisions of this
chapter, a regulation promulgated under this chapter or an
order issued under the authority of this chapter, conspire
with another person for that purpose or allow the person's
certification to be used by another person.
(5) Hinder, mislead, make false statements to or refuse
to cooperate with an employee or agent of the department in
any investigation or inspection undertaken by the authority
delegated to the department under the provisions of this
chapter.
(6) Apply fertilizer or a 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.
(7) Fail to comply with a provision of this chapter, a
regulation promulgated under this chapter or an order issued
under the authority of this chapter.
(c) Effect of section.--Nothing in this section shall
prohibit the lawful use of fertilizer in blasting, as regulated
by the Department of Environmental Protection.
SUBCHAPTER F
AGRICULTURAL AND HOMEOWNER EDUCATION PROGRAM
Sec.
6861. Agricultural and homeowner education.
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§ 6861. 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
ADMINISTRATION AND PENALTIES
Sec.
6871. Publications.
6872. Rules and regulations.
6873. Short weight.
6874. Refusal, suspension or revocation of registration,
license or certification.
6875. Stop-sale orders.
6876. Seizure and condemnation.
6877. Unlawful conduct.
6878. Interference with officer or employee of department.
6879. Enforcement and penalties.
6880. Appeal process.
6881. Civil remedy.
6882. Cooperation with other entities.
6883. Exchanges between manufacturers.
6884. Confidentiality.
6885. Fees, fines and civil penalties.
6886. Disposition of funds.
6887. Exclusion of local laws and regulations.
§ 6871. Publications.
The department may publish on an annual basis, and in a form
as it deems proper, information concerning the distribution of
fertilizers for both agricultural and nonagricultural uses and
results of analyses based on official samples of fertilizer
distributed within this Commonwealth as compared with analyses
guaranteed under sections 6812 (relating to registration of
specialty fertilizers) and 6814 (relating to labels and
labeling).
§ 6872. Rules and regulations.
The department may, where necessary, promulgate and enforce
rules and regulations necessary for administration and
implementation of this chapter.
§ 6873. Short weight.
If a 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
department, submit to the consumer a penalty payment of two
times the value of the actual shortage.
§ 6874. Refusal, suspension or revocation of registration,
license or certification.
(a) Authority of department.--The department may refuse,
suspend or revoke:
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(1) the registration of a fertilizer;
(2) the license or certification of a person if the
person is a registrant, licensee or certificate holder and
has not complied with the provisions of this chapter , a
regulation promulgated under this chapter or an order issued
under the authority of this chapter; or
(3) the license or certification of a person if the
person 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 specified in section 6880 (relating to appeal
process), to a person appealing an action of the department
under this section.
§ 6875. 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 a lot of fertilizer being offered or exposed for
sale in violation of a provision of this chapter, a regulation
promulgated under this chapter or an order issued under the
authority of this chapter. 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 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 specified in writing.
(b) Release by department.--The department shall release the
fertilizer held under a stop-sale order when the requirements of
this chapter, a regulation promulgated under this chapter or an
order issued under the authority of this chapter 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.
§ 6876. Seizure and condemnation.
Fertilizer not in compliance with the provisions of this
chapter, a regulation promulgated under this chapter or an order
issued under the authority 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 giving the claimant an opportunity
for a hearing as provided for in section 6880 (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.
§ 6877. Unlawful conduct.
It shall be unlawful for any person to fail to comply with or
cause to assist in the violation of this chapter, a regulation
promulgated under this chapter or an order issued under the
authority of this chapter .
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§ 6878. 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 for
not more than one year or a fine of not more than $2,500, or
both.
§ 6879. Enforcement and penalties.
(a) Criminal penalties.--Unless otherwise specified, any
person who violates any of the provisions of this chapter, a
regulation promulgated under this chapter or an order issued
under the authority of this chapter :
(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 imprisonment for a term which shall be
fixed at not more than 90 days, or both.
(2) F or a subsequent offense committed within three
years of a prior conviction for a violation of this chapter,
a regulation promulgated under this chapter or an order
issued under the authority of 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.--
(1) In addition to another 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).
(c) Trade secrets.--
(1) A person who uses to the person's own advantage or
reveals to anyone other than the department, administrative
tribunal or the courts when relevant in a judicial proceeding
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
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nature with governmental agencies of the Federal Government,
agencies of this Commonwealth or any other state.
(d) Certified copy of official analysis.--In a 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) D e 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
attorney to whom a criminal violation of this chapter is
reported to cause appropriate proceedings to be instituted and
prosecuted in a court of competent jurisdiction without delay.
§ 6880. 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). A person shall have 15 days to appeal an
enforcement action of the department.
§ 6881. Civil remedy.
(a) Office of Attorney General.--In addition to other
remedies provided for in this chapter, the Office of Attorney
General, at the request of the department, may initiate in
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 a violation of this
chapter, a regulation promulgated under this chapter or an order
issued under the authority of 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.
(c) Bonds not required.--The Commonwealth may not be
required to furnish bond or other security in connection with
proceedings under this section.
(d) Civil penalties.--In addition to an injunction, the
court may levy civil penalties as provided by this chapter.
§ 6882. Cooperation with other entities.
The department may cooperate with and enter into agreement
with governmental agencies of the Federal Government, agencies
of this Commonwealth or another state to carry out the purpose
and provisions of this chapter.
§ 6883. Exchanges between manufacturers.
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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
in compliance with the provisions of this chapter.
§ 6884. 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 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.
§ 6885. 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.
(b) N otice and effective date.--The department shall
announce the adjustment of fees, fines and penalties by
publishing a notice in the Pennsylvania Bulletin. Prior to the
adjusted fees, fines and penalties becoming effective, the
department shall hold a public meeting to receive input from the
regulated community. Subsequent to the public meeting, the
department shall republish the adjusted fees, fines and
penalties in the Pennsylvania Bulletin. The adjusted fees shall
take effect 60 days after publication of the subsequent notice
in the Pennsylvania Bulletin.
§ 6886. 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 appropriated to the department
for the purposes of this chapter and Chapters 69 (relating to
soil and plant amendment) and 71 (relating to seed).
§ 6887. Exclusion of local laws and regulations.
(a) Effect of chapter.--The provisions of this chapter 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 a local
agency, political subdivision or home rule municipality may
prohibit or in any way attempt to regulate a matter relating to
the registration, packaging, labeling, sale, transportation,
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distribution, use or application of fertilizers, if the
ordinance or regulation is in conflict with this chapter.
(c) Stricter requirements.--Nothing in this chapter shall
prevent a political subdivision or home rule municipality from
adopting and enforcing an ordinance or a regulation which is
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 the local
ordinance or regulation under this subsection for a 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] 6886
(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] 68 (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] 6886
(relating to disposition of funds). All moneys in the Agronomic
Regulatory Account are hereby appropriated to the department for
the purposes of Chapters [67] 68 (relating to fertilizer) and 69
(relating to soil and plant amendment) and this chapter.
Section 5. 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. §§ 6832 and 6833 and any computer programming or
software necessary for administration and enforcement of 3
Pa.C.S. Ch. 68.
Section 6. This act shall take effect as follows:
(1) The addition of 3 Pa.C.S. § 6814 shall take effect
in 18 months.
(2) The addition of 3 Pa.C.S. § 6832(a), (b), (d), (e),
(f), (g) and (h) shall take effect upon the development of
the certification courses specified under 3 Pa.C.S. §
6832(c).
(3) The addition of 3 Pa.C.S. § 6833(b), (c), (d), (e),
(f), (g), (h), (i), (j), (k) and (l) shall take effect upon
the development of the recertification courses specified
under 3 Pa.C.S. § 6833(a).
(4) This section and the remainder of this act shall
take effect immediately.
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