1Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2Statutes, in fertilizer, further providing for labels and
3labeling and for disposition of funds; and providing for
4fertilizer for use on turf.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 6705 of Title 3 of the Pennsylvania
8Consolidated Statutes is amended by adding a subsection to read:

9§ 6705. Labels and labeling.

10* * *

11(a.1) Prohibited label.--No fertilizer may be labeled for
12the purpose of melting snow or ice.

13* * *

14Section 2. Section 6725 of Title 3 is amended to read:

15§ 6725. Disposition of funds.

16Moneys received from license fees, registration fees,
17inspection fees, fines and penalties shall be paid into a
18special restricted account in the General Fund to be known as

1the Agronomic Regulatory Account. All moneys in the Agronomic
2Regulatory Account are hereby appropriated to the department for
3the purposes of this chapter and Chapters 68 (relating to 
4fertilizer for use on turf), 69 (relating to soil and plant
5amendment) and 71 (relating to seed).

6Section 3. Title 3 is amended by adding a chapter to read:

7CHAPTER 68

8FERTILIZER FOR USE ON TURF

9Sec.

106801. Definitions.

116802. Applicability.

126803. Fertilizer sold to consumers.

136804. Labeling.

146805. Application of fertilizer to turf.

156806. Certification of professional fertilizer applicators.

166807. Cooperation with other entities.

176808. Preemption.

186809. Rules and regulations.

196810. Enforcement and penalties.

206811. Disposition of funds.

21§ 6801. Definitions.

22The following words and phrases when used in this chapter
23shall have the meanings given to them in this section unless the
24context clearly indicates otherwise:

25"Agricultural production." The production for commercial
26purposes of crops, livestock and livestock products, including
27the processing or retail marketing of such crops, livestock or
28livestock products if more than 50% of such processed or
29merchandised products are produced by the farm operator. The
30term includes use of land that is devoted to and meets the

1requirements of and qualifications for payments or other
2compensation pursuant to a soil conservation program under an
3agreement with an agency of the Federal Government.

4"Bulk fertilizer." A fertilizer distributed in a nonpackaged
5form.

6"By-product." Municipal waste or residual waste as defined
7in the act of July 7, 1980 (P.L.380, No.97), known as the Solid
8Waste Management Act, that contains a plant nutrient and meets
9all the applicable regulations of the Department of
10Environmental Protection.

11"Consumer." A person who purchases fertilizer for the end
12use of the product.

13"Crops, livestock and livestock products." Include, but are
14not limited to:

15(1) Field crops, including corn, wheat, oats, rye,
16barley, hay, potatoes and dry beans.

17(2) Fruits, including apples, peaches, grapes, cherries
18and berries.

19(3) Vegetables, including tomatoes, snap beans, cabbage,
20carrots, beets, onions and mushrooms.

21(4) Horticultural specialties, including nursery stock
22ornamental shrubs, ornamental trees and flowers.

23(5) Livestock and livestock products, including cattle,
24sheep, hogs, goats, horses, poultry, furbearing animals,
25milk, eggs and furs.

26(6) Timber, wood and other wood products derived from
27trees.

28(7) Aquatic plants and animals and their products.

29"Distribute." To import, consign, offer for sale, sell,
30barter or otherwise supply fertilizer in this Commonwealth.

1"Enhanced-efficiency fertilizer." A fertilizer product with
2characteristics that allow increased plant uptake and reduced
3potential of nutrient losses to the environment, such as gaseous
4losses, leaching or runoff, when compared to an appropriate
5reference product.

6"Fertilizer." Any substance, including fertilizer material,
7mixed fertilizer, specialty fertilizer and bulk fertilizer,
8containing one or more recognized plant nutrients which is used
9for its plant nutrient content and which is designed for use or
10claimed to have value in promoting plant growth, except
11unmanipulated animal and vegetable manure, agricultural liming
12materials, wood ashes and other materials exempted by regulation
13by the Department of Agriculture.

14"Fertilizer material." A fertilizer which:

15(1) contains only one of the following primary plant
16nutrients:

17(i) nitrogen;

18(ii) phosphate; or

19(iii) potash;

20(2) has 85% or more of its plant nutrient content
21present in the form of a single chemical compound; or

22(3) is derived from a plant or animal residue, by-
23product or coproduct as defined in regulation or natural
24material deposit which has been processed in such a way that
25its content of plant nutrients has not been materially
26changed except by purification and concentration.

27"Impervious surface." A structure, surface or improvement
28that reduces or prevents absorption of water into land and
29includes porous paving, paver blocks, gravel, crushed stone,
30decks, patios, elevated structures and other similar structures,

1surfaces or improvements.

2"Intermittent stream." A body of water flowing in a channel
3or bed composed primarily of substrates associated with flowing
4water which, during periods of the year, is below the water
5table and obtains its flow from both surface runoff and
6groundwater discharges.

7"Label." The display of all written, printed or graphic
8matter upon the immediate container or a statement accompanying
9a fertilizer.

10"Labeling." All written, printed or graphic matter upon or
11accompanying any fertilizer or advertisements, brochures,
12posters or electronic media used in promoting the distribution
13of fertilizer.

14"Natural organic fertilizer." A fertilizer derived from
15either plant or animal products containing one or more elements,
16other than carbon, hydrogen and oxygen, which are essential for
17plant growth. These materials may be subjected to biological
18degradation processes under normal conditions of aging,
19rainfall, sun curing, air drying, composting, rotting, enzymatic
20or anaerobic or aerobic bacterial action or a combination of
21these processes. These materials may not be mixed with synthetic
22materials or changed in any physical or chemical manner from
23their initial state except by physical manipulation such as
24drying, cooking, chopping, grinding, shredding or pelleting.

25"Organic-base fertilizer." A mixed fertilizer where:

26(1) More than half of the fertilizer materials are
27organic.

28(2) More than half of the sum of the guaranteed primary
29nutrient percentages are derived from organic materials.

30"Percent" or "percentage." A percentage by weight.

1"Perennial stream." A body of water flowing in a channel or
2bed composed primarily of substrates associated with flowing
3waters and capable, in the absence of pollution or other manmade
4stream disturbances, of supporting bottom-dwelling aquatic
5animals.

6"Person." An individual, partnership, association, firm,
7corporation or any other legal entity.

8"Plant nutrient." Any of the following:

9(1) primary nutrient;

10(2) secondary nutrient; and

11(3) micronutrient.

12"Primary nutrient." Any of the following:

13(1) total nitrogen;

14(2) available phosphate; and

15(3) soluble potash.

16"Professional fertilizer applicator." An individual who
17applies fertilizer for hire, including, but not limited to, an
18employee of a government entity or golf course who applies
19fertilizer within the scope of employment. The term does not
20include an individual who applies fertilizer only for the
21purpose of agricultural production or sod produced for
22commercial sale.

23"Readily available nitrogen." Water soluble nitrogen in
24either ammoniacal, urea or nitrate form that does not have slow
25or controlled release properties.

26"Secondary nutrient." Any of the following:

27(1) calcium;

28(2) magnesium; and

29(3) sulfur.

30"Slow or controlled release." A fertilizer containing a

1plant nutrient in a form that delays its availability for plant
2uptake and use after application or which extends its
3availability to the plant significantly longer than a reference
4"rapidly available nutrient fertilizer," such as ammonium
5nitrate or urea, ammonium phosphate or potassium chloride.

6"Soil test." A chemical, physical or biological procedure
7that estimates the suitability of the soil to support plant
8growth.

9"Specialty fertilizer." A fertilizer distributed for nonfarm
10use and fertilizer material primarily intended to supply plant
11nutrients other than nitrogen, phosphate or potash.

12"Turf." Land, including, but not limited to, residential
13property, golf courses and publicly owned land, that is planted
14in closely mowed, managed grass, except for land used for
15agricultural production.

16"Under the direct supervision of." Acting with the
17instructions and under the control of a certified applicator who
18is responsible for the actions of the technician and who is
19available when needed.

20§ 6802. Applicability.

21This chapter shall not apply to fertilizer applied for the
22purposes of agricultural production or sod produced for
23commercial sale.

24§ 6803. Fertilizer sold to consumers.

25(a) Contents.--Fertilizer sold at retail and intended for
26use on turf shall:

27(1) contain no more than 0.7 pounds of readily available
28nitrogen and no more than 0.9 pounds of total nitrogen per
291,000 square feet when applied pursuant to the instructions
30on the container;

1(2) consist of at least 20% enhanced-efficiency nitrogen
2of the total nitrogen; and

3(3) contain no phosphorus, except when specifically
4labeled for the following purpose:

5(i) providing nutrients to specific soils and target
6vegetation as determined to be necessary pursuant to a
7soil test performed no more than three years prior to
8application;

9(ii) establishing vegetation for the first time;

10(iii) reestablishing or repairing a turf area; or

11(iv) as an enhanced-efficiency phosphorus
12fertilizer, natural organic fertilizer, organic-base
13fertilizer or fertilizer derived from a by-product<-, as 
14long as the application rate does not exceed 0.25 pounds 
15of phosphorus per 1,000 square feet per application, with 
16a maximum total annual application of 0.5 pounds of 
17phosphorus per 1,000 square feet, when applied pursuant 
18to the instructions on the container.

19(b) Turf.--Notwithstanding the limits of subsection (a)(1),
20fertilizer sold at retail and intended for use on turf may
21contain up to 2.5 pounds of enhanced-efficiency nitrogen
22fertilizer per 1,000 square feet when applied pursuant to the
23instructions on the container, provided the monthly release rate
24does not exceed 0.7 pounds of nitrogen per 1,000 square feet.

25§ 6804. Labeling.

26(a) Mandatory label.--In addition to any other requirements
27under Chapter 67 (relating to fertilizer), a container of
28fertilizer sold at retail and intended for use on turf shall
29include the following statement on its label in a legible and
30conspicuous form:

1"Do not apply near water, storm drains or drainage
2ditches. Do not apply if heavy rain is expected. Apply
3this product only to your lawn and sweep any product that
4lands on the driveway, sidewalk or street back onto your
5lawn."

6(b) Prohibited label.--No fertilizer material may be labeled
7for the purpose of melting snow or ice.

8§ 6805. Application of fertilizer to turf.

9(a) Restrictions.--No person or professional fertilizer
10applicator may:

11(1) apply fertilizer intended for use on turf to an
12impervious surface. Any fertilizer inadvertently applied to
13an impervious surface shall be removed from the impervious
14surface;

15(2) apply fertilizer containing phosphorus or nitrogen
16to turf at any time when the ground is frozen to a depth of
17at least two inches or snow covered;

18(3) apply fertilizer containing phosphorus or nitrogen
19to turf before March 1 or after November 15 in any calendar
20year, except fertilizer containing no more than 0.5 pounds of
21total nitrogen per 1,000 square feet may be applied by a
22professional fertilizer applicator to turf after November 15
23but before March 1 in a calendar year;

24(4) apply fertilizer within five feet of the top of a
25bank of any perennial or intermittent stream, except that
26fertilizer may be applied to the top of the bank of any
27perennial or intermittent stream if applied using a drop
28spreader, rotary spreader with deflector, targeted spray
29liquid or other available targeted application technology.
30The establishment of setbacks for fertilizer application

1pursuant to this paragraph shall not preclude the
2establishment or applicability of, or required compliance
3with, any other environmental standard established pursuant
4to any other Federal or State law, rule or regulation; or

5(5) apply fertilizer for the purpose of melting snow or
6ice.

7(b) Application rates.--Except as provided under subsections
8(c), (d) and (e), at least 20% of the total nitrogen applied per
91,000 square feet shall be enhanced-efficiency nitrogen and
10application rates shall:

11(1) not exceed 0.7 pounds of readily available nitrogen
12per 1,000 square feet per application;

13(2) not exceed 0.9 pounds of total nitrogen per 1,000
14square feet per application; and

15(3) contain zero phosphorus, except when specifically
16labeled for the following purposes:

17(i) providing nutrients to specific soils and target
18vegetation as determined to be necessary pursuant to a
19soil test performed no more than three years prior to the
20application;

21(ii) establishing vegetation for the first time;

22(iii) reestablishing or repairing a turf area; or

23(iv) as an enhanced-efficiency phosphorus
24fertilizer, natural organic fertilizer, organic-base
25fertilizer or fertilizer derived from a by-product.

26(c) Professional fertilizer applicators.--A professional
27fertilizer applicator shall not be required to use enhanced-
28efficiency nitrogen fertilizer. Except as provided under
29subsections (d) and (e), no professional fertilizer applicator
30may apply fertilizer at a rate exceeding:

1(1) 0.7 pounds of readily available nitrogen per 1,000
2square feet per application;

3(2) 0.9 pounds of total nitrogen per 1,000 square feet
4per application; and

5(3) zero phosphorus, except when the professional
6fertilizer applicator:

7(i) determines that the fertilizer is necessary for
8the specific soils and target vegetation pursuant to a
9soil test performed no more than three years before the
10application, and the application is in a manner
11consistent with generally accepted best management
12practices;

13(ii) is establishing vegetation for the first time
14in a manner consistent with generally accepted best
15management practices;

16(iii) is reestablishing or repairing a turf area in
17a manner consistent with generally accepted best
18management practices; or

19(iv) is utilizing an enhanced-efficiency phosphorus
20fertilizer, natural organic fertilizer, organic-base
21fertilizer or fertilizer derived from a by-product.

22(d) Enhanced-efficiency nitrogen fertilizer.--
23Notwithstanding the provisions of subsections (b) and (c),
24enhanced-efficiency nitrogen fertilizer may be applied at a rate
25not to exceed 2.5 pounds of nitrogen per application with a
26monthly release rate not to exceed 0.7 pounds of nitrogen per
271,000 square feet.

28(e) Enhanced-efficiency phosphorus fertilizer, natural
29organic fertilizer, organic-base fertilizer and fertilizer
30derived from a by-product.--

1(1) Except as provided in paragraph (2) and
2notwithstanding the provisions of subsections (b) and (c), an
3enhanced-efficiency phosphorus fertilizer, natural organic
4fertilizer, organic-base fertilizer or fertilizer derived
5from a by-product containing phosphorus may be applied at a
6rate indicated by a soil test performed not more than three
7years before the application date or at a rate not to exceed
80.25 pounds of phosphorus per 1,000 square feet, with a
9maximum total annual application of 0.5 pounds of phosphorus
10per 1,000 square feet per year.

11(2) Fertilizer products containing phosphorus may not be
12applied to turf when a soil test performed not more than
13three years before the application date indicates a soil
14phosphorus level equal to or greater than 200 ppm according
15to a Mehlich 3 test or equivalent.

16§ 6806. Certification of professional fertilizer applicators.

17(a) Certification.--

18(1) No professional fertilizer applicator may apply
19fertilizer to turf without first completing a certification
20program and receiving appropriate certification pursuant to
21subsection (c), unless acting under the supervision of a
22certified professional fertilizer applicator as provided
23under subsection (b).

24(2) A certification issued under subsection (c) shall be
25valid for three years, subject to the limitations of section
266810(c) (relating to enforcement and penalties).

27(b) Supervisory employees.--A person or entity employing
28professional fertilizer applicators shall have at least one
29supervisory employee who holds a valid certificate present or
30immediately accessible to employees applying fertilizer at all

1hours of operation.

2(c) Professional fertilizer application program.--

3(1) The department shall:

4(i) establish a professional fertilizer application
5certification program; or

6(ii) designate one or more professional fertilizer
7application certification programs provided by a third
8party, such as a university, industry association,
9employer of professional fertilizer applicators or other
10continuing education provider, as an approved
11professional fertilizer application certification program
12for purposes of this section.

13(2) Any program established or designated under this
14subsection shall include, but not be limited to, information
15on the following subject areas:

16(i) the proper use and calibration of fertilizer
17application equipment;

18(ii) the hazards involved in, and the environmental
19impact of, applying fertilizer, including nutrient
20pollution, to perennial or intermittent streams;

21(iii) all applicable Federal and State laws, rules
22and regulations;

23(iv) the correct interpretation of fertilizer
24labeling information; and

25(v) the generally accepted best management practices
26for fertilizer use on turf, including the appropriate
27time to wait before applying fertilizer when rain is
28forecast and the appropriate time to apply fertilizer
29when soils are wet and the potential for fertilizer
30movement offsite exists.

1(d) Program fees and continuing education.--In administering
2a professional fertilizer application certification program:

3(1) The department, acting pursuant to subsection (c)(1)
4(i), may:

5(i) require payment, not to exceed $50, for a
6certificate of competency to cover costs associated with
7the administration of this chapter; and

8(ii) require payment, not to exceed $25, for
9recertification to cover costs associated with the
10administration of this chapter.

11(2) A third party, acting pursuant to subsection (c)(1)
12(ii), may:

13(i) require payment, not to exceed $50, for a
14certificate of competency to cover costs associated with
15the administration of this chapter; and

16(ii) require payment, not to exceed $25, for a
17recertification to cover costs associated with the
18administration of this chapter.

19(e) Program duties of department.--In establishing or 
20designating a professional fertilizer application certification 
21program under subsection (c), the department shall, to the 
22maximum extent practicable, align education and training 
23opportunities for commercial applicators of pesticides under 
24section 16.1 of the act of March 1, 1974 (P.L.90, No.24), known 
25as the Pennsylvania Pesticide Control Act of 1973.

26(f) List of certified professional fertilizer applicators.--
27The department shall publish and maintain a list of all
28certified professional fertilizer applicators and make the list
29available on its publicly accessible Internet website.

30§ 6807. Cooperation with other entities.

1The department may cooperate with and enter into agreements
2with agencies of the Federal Government, agencies and political
3subdivisions of the Commonwealth or any other state or a
4nongovernmental entity in order to carry out the purpose and
5provisions of this chapter.

6§ 6808. Preemption.

7This chapter and its provisions are of Statewide concern, and
8no political subdivision shall have the authority to adopt or
9enforce any ordinance, regulation or resolution which is in
10conflict with this chapter.

11§ 6809. Rules and regulations.

12The department shall promulgate and enforce rules and
13regulations necessary for the administration and implementation
14of this chapter. To implement section 6806(c) (relating to
15certification of professional fertilizer applicators), the
16department shall promulgate rules and regulations no later than
17two years from the effective date of this section.

18§ 6810. Enforcement and penalties.

19(a) Civil penalties.--

20(1) In addition to any other remedy available at law or
21in equity for a violation of this chapter, the department
22may:

23(i) Except as otherwise provided in subparagraph
24(ii), assess a civil penalty of not more than $50 upon
25any person for each violation of a provision of this
26chapter.

27(ii) Assess a civil penalty of not more than $2,500
28upon any person for each violation of section 6803
29(relating to fertilizer sold to consumers) or 6804
30(relating to labeling).

1(2) The civil penalty assessed shall be payable to the
2department and shall be collectible in any manner provided by
3law for the collection of debt.

4(3) No civil penalty may be assessed unless the person
5assessed the penalty has been given notice and an opportunity
6for a hearing on the assessment in accordance with the
7provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice
8and procedure of Commonwealth agencies) and 7 Subch. A
9(relating to judicial review of Commonwealth agency action).

10(b) De minimis violations.--Nothing in this chapter may be
11construed as requiring the department to report a violation and
12to institute penalties as a result of de minimis violations of
13this chapter when the department concludes that the public
14interest will be best served by a suitable notice of warning in
15writing.

16(c) Suspension or revocation of certification.--The
17department may suspend or revoke a certification under section
186806 (relating to certification of professional fertilizer
19applicators) for a violation of this chapter.

20§ 6811. Disposition of funds.

21Moneys received from fees collected pursuant to section
226806(d)(1) (relating to certification of professional fertilizer
23applicators), fines and penalties under this chapter shall be
24paid into the Agronomic Regulatory Account established under
25section 6725 (relating to disposition of funds).

26Section 4. This act shall take effect as follows:

27(1) The addition of 3 Pa.C.S. §§ 6801, 6803, 6804 and
286805 shall take effect in two years.

29(2) The addition of 3 Pa.C.S. § 6806(a) and (b) shall
30take effect one year after the promulgation of regulations

1made under 3 Pa.C.S. § 6806(c).

2(3) The remainder of this act shall take effect
3immediately.