PRINTER'S NO. 292
No. 269 Session of 2005
INTRODUCED BY FRANKEL, CALTAGIRONE, CAWLEY, CURRY, DALEY,
FABRIZIO, GOODMAN, HARHAI, LEACH, LEDERER, MELIO, ROONEY,
SATHER, STABACK, WALKO AND YOUNGBLOOD, FEBRUARY 8, 2005
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
FEBRUARY 8, 2005
AN ACT
1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2 Statutes, providing for restricted use commercial fertilizers
3 and agricultural minerals, for duties of the Department of
4 Agriculture and for violations.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6702 of Title 3 of the Pennsylvania
8 Consolidated Statutes is amended by adding a definition to read:
9 § 6702. Definitions.
10 The following words and phrases when used in this chapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 * * *
14 "Restricted use commercial fertilizer or agricultural
15 mineral." A commercial fertilizer or agricultural mineral
16 classified for restricted use pursuant to section 6704.1
17 (relating to restricted use commercial fertilizer or
18 agricultural mineral).
1 * * *
2 Section 2. Title 3 is amended by adding a section to read:
3 § 6704.1. Restricted use commercial fertilizer or agricultural
4 mineral.
5 (a) General rule.--The department shall adopt regulations
6 governing the application and distribution of any commercial
7 fertilizer or agricultural mineral which it finds must
8 necessarily be applied as a commercial fertilizer or
9 agricultural mineral but which, unless carefully used, is likely
10 to be any of the following:
11 (1) Injurious to persons, pollinating insects, bees,
12 animals, crops or land.
13 (2) Detrimental to any of the following:
14 (i) Vegetation, except weeds.
15 (ii) Wildlife.
16 (iii) Public health and safety.
17 (b) Determination.--The department, in classifying
18 commercial fertilizers and agricultural minerals as restricted
19 use commercial fertilizers or agricultural minerals, shall
20 determine whether:
21 (1) The commercial fertilizer or agricultural mineral is
22 highly toxic to humans or other animals, including wildlife.
23 (2) The regulations governing the application and
24 distribution of the commercial fertilizer or agricultural
25 mineral are reasonably calculated to avoid injury and are
26 necessary for the proper use of the commercial fertilizer or
27 agricultural mineral.
28 (3) The benefit from the use of the commercial
29 fertilizer or agricultural mineral is of greater value to the
30 public than the detriment to the environment or the public
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1 health and safety from the use of the commercial fertilizer
2 or agricultural mineral.
3 (4) The commercial fertilizer or agricultural mineral
4 can be used for harmful purposes other than its registered
5 purposes.
6 (c) Regulations.--The department may adopt other regulations
7 as are necessary to carry out the provisions of this section,
8 including, but not limited to, regulations governing:
9 (1) The collection and examination of commercial
10 fertilizers and agricultural minerals.
11 (2) The types of containers and packages required to be
12 used for specific commercial fertilizers or agricultural
13 minerals, including, but not limited to, requirements
14 concerning the construction, strength and size of the
15 containers and packages to avoid the danger of spillage,
16 breakage or misuse.
17 (3) The safe handling, transportation, storage, display,
18 distribution and disposal of commercial fertilizers and
19 agricultural minerals and their containers.
20 (4) The information required to be recorded and
21 maintained concerning the sale, use and distribution of
22 restricted use commercial fertilizers and agricultural
23 minerals.
24 (d) Violation.--It is a violation of this section for any
25 person to sell or offer to sell at retail, or to distribute or
26 deliver for transportation for delivery to the consumer or user,
27 a restricted use commercial fertilizer or agricultural mineral
28 unless the person is registered with the department.
29 (e) Registration.--Each person applying for registration
30 under this section must provide the department with a
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1 registration statement that includes:
2 (1) The name and address of the person registering.
3 (2) The name and address of any person who, on behalf of
4 the person registering, sells, offers to sell, distributes or
5 delivers for transportation a restricted use commercial
6 fertilizer or agricultural mineral.
7 (f) Renewal of registration.--A registration under this
8 section expires on December 31 of each year and is renewable
9 annually.
10 (g) Fee.--Each person registering with the department under
11 this section must pay:
12 (1) An annual registration fee established by regulation
13 of the department.
14 (2) A penalty fee established by regulation of the
15 department if the person failed to renew his previous
16 registration on or before February 1 next following its
17 expiration, unless the registration is accompanied by a
18 signed statement that no person named on the registration
19 statement has sold or distributed any restricted use
20 commercial fertilizer or agricultural mineral during the
21 period the registration was not in effect.
22 (h) Records.--Each person registered pursuant to this
23 section shall maintain for at least two years a record of all
24 sales of restricted use commercial fertilizers or agricultural
25 minerals showing:
26 (1) The date of sale or delivery of the restricted use
27 commercial fertilizer or agricultural mineral.
28 (2) The name and address of the person to whom the
29 restricted use commercial fertilizer or agricultural mineral
30 was sold or delivered.
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1 (3) The brand name of the restricted use commercial
2 fertilizer or agricultural mineral sold or delivered.
3 (4) The amount of the restricted use commercial
4 fertilizer or agricultural mineral sold or delivered.
5 (5) Other information as may be required by the
6 department.
7 (i) Report.--Each person registered pursuant to this section
8 shall, on or before the date specified for each reporting period
9 established pursuant to subsection (j), file a report with the
10 department specifying the restricted use commercial fertilizers
11 or agricultural minerals that the person sold during the
12 reporting period. The department shall provide the form for the
13 report. The report must be filed regardless of whether the
14 person sold any commercial fertilizers or agricultural minerals
15 during the reporting period.
16 (j) Reporting periods and dates for filing.--The department
17 shall adopt regulations establishing reporting periods and dates
18 for filing reports pursuant to subsection (i).
19 (k) Refusal to grant or renew registration.--The department
20 may refuse to grant or renew a registration pursuant to this
21 section or may suspend or revoke the registration if, after
22 notice and a hearing, the department finds that:
23 (1) The person registered has, without reasonable cause,
24 failed to record information as required by this section or a
25 regulation adopted by the department.
26 (2) The person registered has made a false entry in a
27 required record.
28 (3) The applicant for registration has made a sale or
29 delivery of a restricted use commercial fertilizer or
30 agricultural mineral without registering with the department.
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1 Section 3. This act shall take effect in 60 days.
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