PRINTER'S NO. 603
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
563
Session of
2015
INTRODUCED BY ALLOWAY, AUMENT AND BLAKE, MARCH 11, 2015
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MARCH 11, 2015
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in fertilizer, further providing for labels and
labeling and for disposition of funds; and providing for
fertilizer for use on turf.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6705 of Title 3 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 6705. Labels and labeling.
* * *
(a.1) Prohibited label.--No fertilizer may be labeled for
the purpose of melting snow or ice.
* * *
Section 2. Section 6725 of Title 3 is amended to read:
§ 6725. Disposition of funds.
Moneys received from license fees, registration fees,
inspection fees, fines and penalties shall be paid into a
special restricted account in the General Fund to be known as
the Agronomic Regulatory Account. All moneys in the Agronomic
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Regulatory Account are hereby appropriated to the department for
the purposes of this chapter and Chapters 68 (relating to
fertilizer for use on turf), 69 (relating to soil and plant
amendment) and 71 (relating to seed).
Section 3. Title 3 is amended by adding a chapter to read:
CHAPTER 68
FERTILIZER FOR USE ON TURF
Sec.
6801. Definitions.
6802. Applicability.
6803. Fertilizer sold to consumers.
6804. Labeling.
6805. Application of fertilizer to turf.
6806. Certification of professional fertilizer applicators.
6807. Cooperation with other entities.
6808. Preemption.
6809. Rules and regulations.
6810. Enforcement and penalties.
6811. Disposition of funds.
§ 6801. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agricultural production." The production for commercial
purposes of crops, livestock and livestock products, including
the processing or retail marketing of such crops, livestock or
livestock products if more than 50% of such processed or
merchandised products are produced by the farm operator. The
term includes use of land that is devoted to and meets the
requirements of and qualifications for payments or other
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compensation pursuant to a soil conservation program under an
agreement with an agency of the Federal Government.
"Bulk fertilizer." A fertilizer distributed in a nonpackaged
form.
"By-product." Municipal waste or residual waste as defined
in the act of July 7, 1980 (P.L.380, No.97), known as the Solid
Waste Management Act, that contains a plant nutrient and meets
all the applicable regulations of the Department of
Environmental Protection.
"Consumer." A person who purchases fertilizer for the end
use of the product.
"Crops, livestock and livestock products." Include, but are
not limited to:
(1) Field crops, including corn, wheat, oats, rye,
barley, hay, potatoes and dry beans.
(2) Fruits, including apples, peaches, grapes, cherries
and berries.
(3) Vegetables, including tomatoes, snap beans, cabbage,
carrots, beets, onions and mushrooms.
(4) Horticultural specialties, including nursery stock
ornamental shrubs, ornamental trees and flowers.
(5) Livestock and livestock products, including cattle,
sheep, hogs, goats, horses, poultry, furbearing animals,
milk, eggs and furs.
(6) Timber, wood and other wood products derived from
trees.
(7) Aquatic plants and animals and their products.
"Distribute." To import, consign, offer for sale, sell,
barter or otherwise supply fertilizer in this Commonwealth.
"Enhanced-efficiency fertilizer." A fertilizer product with
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characteristics that allow increased plant uptake and reduced
potential of nutrient losses to the environment, such as gaseous
losses, leaching or runoff, when compared to an appropriate
reference product.
"Fertilizer." Any substance, including fertilizer material,
mixed fertilizer, specialty fertilizer and bulk fertilizer,
containing one or more recognized plant nutrients which is used
for its plant nutrient content and which is designed for use or
claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manure, agricultural liming
materials, wood ashes and other materials exempted by regulation
by the Department of Agriculture.
"Fertilizer material." A fertilizer which:
(1) contains only one of the following primary plant
nutrients:
(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 or coproduct as defined in regulation or natural
material deposit which has been processed in such a way that
its content of plant nutrients has not been materially
changed except by purification and concentration.
"Impervious surface." A structure, surface or improvement
that reduces or prevents absorption of water into land and
includes porous paving, paver blocks, gravel, crushed stone,
decks, patios, elevated structures and other similar structures,
surfaces or improvements.
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"Intermittent stream." A body of water flowing in a channel
or bed composed primarily of substrates associated with flowing
water which, during periods of the year, is below the water
table and obtains its flow from both surface runoff and
groundwater discharges.
"Label." The display of all written, printed or graphic
matter upon the immediate container or a statement accompanying
a fertilizer.
"Labeling." All written, printed or graphic matter upon or
accompanying any fertilizer or advertisements, brochures,
posters or electronic media used in promoting the distribution
of fertilizer.
"Natural organic fertilizer." A fertilizer 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 a combination of
these processes. These materials may not be mixed with synthetic
materials or changed in any physical or chemical manner from
their initial state except by physical manipulation such as
drying, cooking, chopping, grinding, shredding or pelleting.
"Organic-base fertilizer." A mixed fertilizer where:
(1) More than half of the fertilizer materials are
organic.
(2) More than half of the sum of the guaranteed primary
nutrient percentages are derived from organic materials.
"Percent" or "percentage." A percentage by weight.
"Perennial stream." A body of water flowing in a channel or
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bed composed primarily of substrates associated with flowing
waters and capable, in the absence of pollution or other manmade
stream disturbances, of supporting bottom-dwelling aquatic
animals.
"Person." An individual, partnership, association, firm,
corporation or any other legal entity.
"Plant nutrient." Any of the following:
(1) primary nutrient;
(2) secondary nutrient; and
(3) micronutrient.
"Primary nutrient." Any of the following:
(1) total nitrogen;
(2) available phosphate; and
(3) soluble potash.
"Professional fertilizer applicator." An individual who
applies fertilizer for hire, including, but not limited to, an
employee of a government entity or golf course who applies
fertilizer within the scope of employment. The term does not
include an individual who applies fertilizer only for the
purpose of agricultural production or sod produced for
commercial sale.
"Readily available nitrogen." Water soluble nitrogen in
either ammoniacal, urea or nitrate form that does not have
enhanced-efficiency properties.
"Secondary nutrient." Any of the following:
(1) calcium;
(2) magnesium; and
(3) sulfur.
"Slow or controlled release." A fertilizer containing a
plant nutrient in a form that delays its availability for plant
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uptake and use after application or which extends its
availability to the plant significantly longer than a reference
rapidly available nutrient fertilizer, such as ammonium nitrate
or urea, ammonium phosphate or potassium chloride.
"Soil test." A chemical, physical or biological procedure
that estimates the suitability of the soil to support plant
growth.
"Specialty fertilizer." A fertilizer distributed for nonfarm
use and fertilizer material primarily intended to supply plant
nutrients other than nitrogen, phosphate or potash.
"Turf." Land, including, but not limited to, residential
property, golf courses and publicly owned land, that is planted
in closely mowed, managed grass, except for land used for
agricultural production.
"Under the direct supervision of." Acting with the
instructions and under the control of a certified applicator who
is responsible for the actions of the technician and who is
available when needed.
§ 6802. Applicability.
This chapter shall not apply to fertilizer applied for the
purposes of agricultural production or sod produced for
commercial sale.
§ 6803. Fertilizer sold to consumers.
(a) Contents.--Fertilizer sold at retail and intended for
use on turf shall:
(1) contain no more than 0.7 pounds of readily available
nitrogen and no more than 0.9 pounds of total nitrogen per
1,000 square feet when applied pursuant to the instructions
on the container;
(2) consist of at least 20% enhanced-efficiency nitrogen
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of the total nitrogen; and
(3) contain no phosphorus, except when specifically
labeled for the following purpose:
(i) providing nutrients to specific soils and target
vegetation as determined to be necessary pursuant to a
soil test performed no more than three years prior to
application;
(ii) establishing vegetation for the first time;
(iii) reestablishing or repairing a turf area; or
(iv) as an enhanced-efficiency phosphorus
fertilizer, natural organic fertilizer, organic-base
fertilizer or fertilizer derived from a by-product, as
long as the application rate does not exceed 0.25 pounds
of phosphorus per 1,000 square feet per application, with
a maximum total annual application of 0.5 pounds of
phosphorus per 1,000 square feet, when applied pursuant
to the instructions on the container.
(b) Turf.--Notwithstanding the limits of subsection (a)(1),
fertilizer sold at retail and intended for use on turf may
contain up to 2.5 pounds of enhanced-efficiency nitrogen
fertilizer per 1,000 square feet when applied pursuant to the
instructions on the container, provided the monthly release rate
does not exceed 0.7 pounds of nitrogen per 1,000 square feet.
§ 6804. Labeling.
(a) Mandatory label.--In addition to any other requirements
under Chapter 67 (relating to fertilizer), a container of
fertilizer sold at retail and intended for use on turf shall
include the following statement on its label in a legible and
conspicuous form:
"Do not apply near water, storm drains or drainage
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ditches. Do not apply if heavy rain is expected. Apply
this product only to your lawn and sweep any product that
lands on the driveway, sidewalk or street back onto your
lawn."
(b) Prohibited label.--No fertilizer material may be labeled
for the purpose of melting snow or ice.
§ 6805. Application of fertilizer to turf.
(a) Restrictions.--No person or professional fertilizer
applicator may:
(1) apply fertilizer intended for use on turf to an
impervious surface. Any fertilizer inadvertently applied to
an impervious surface shall be removed from the impervious
surface;
(2) apply fertilizer containing phosphorus or nitrogen
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 phosphorus or nitrogen
to turf before March 1 or after November 15 in any calendar
year, except fertilizer containing no more than 0.5 pounds of
total nitrogen per 1,000 square feet may be applied by a
professional fertilizer applicator to turf after November 15
but before March 1 in a calendar year;
(4) apply fertilizer within five feet of the top of a
bank of any perennial or intermittent stream, except that
fertilizer may be applied to the top of the bank of any
perennial or intermittent stream if applied using a drop
spreader, rotary spreader with deflector, targeted spray
liquid or other available targeted application technology.
The establishment of setbacks for fertilizer application
under this paragraph shall not preclude the establishment or
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applicability of or required compliance with any other
environmental standard established under any other Federal or
State law, rule or regulation; or
(5) apply fertilizer for the purpose of melting snow or
ice.
(b) Application rates.--Except as provided under subsections
(c), (d) and (e), at least 20% of the total nitrogen applied per
1,000 square feet shall be enhanced-efficiency nitrogen and
application rates shall:
(1) not exceed 0.7 pounds of readily available nitrogen
per 1,000 square feet per application;
(2) not exceed 0.9 pounds of total nitrogen per 1,000
square feet per application; and
(3) contain zero phosphorus, except when specifically
labeled for the following purposes:
(i) providing nutrients to specific soils and target
vegetation as determined to be necessary pursuant to a
soil test performed no more than three years prior to the
application;
(ii) establishing vegetation for the first time;
(iii) reestablishing or repairing a turf area; or
(iv) as an enhanced-efficiency phosphorus
fertilizer, natural organic fertilizer, organic-base
fertilizer or fertilizer derived from a by-product.
(c) Professional fertilizer applicators.--A professional
fertilizer applicator shall not be required to use enhanced-
efficiency nitrogen fertilizer. Except as provided under
subsections (d) and (e), no professional fertilizer applicator
may apply fertilizer at a rate exceeding:
(1) 0.7 pounds of readily available nitrogen per 1,000
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square feet per application;
(2) 0.9 pounds of total nitrogen per 1,000 square feet
per application; and
(3) zero phosphorus, except when the professional
fertilizer applicator:
(i) determines that the fertilizer is necessary for
the specific soils and target vegetation pursuant to a
soil test performed no more than three years before the
application, and the application is in a manner
consistent with generally accepted best management
practices;
(ii) is establishing vegetation for the first time
in a manner consistent with generally accepted best
management practices;
(iii) is reestablishing or repairing a turf area in
a manner consistent with generally accepted best
management practices; or
(iv) is utilizing an enhanced-efficiency phosphorus
fertilizer, natural organic fertilizer, organic-base
fertilizer or fertilizer derived from a by-product.
(d) Enhanced-efficiency nitrogen fertilizer.--
Notwithstanding the provisions of subsections (b) and (c),
enhanced-efficiency nitrogen fertilizer may be applied at a rate
not to exceed 2.5 pounds of nitrogen per application with a
monthly release rate not to exceed 0.7 pounds of nitrogen per
1,000 square feet.
(e) Enhanced-efficiency phosphorus fertilizer, natural
organic fertilizer, organic-base fertilizer and fertilizer
derived from a by-product.--
(1) Except as provided in paragraph (2) and
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notwithstanding the provisions of subsections (b) and (c), an
enhanced-efficiency phosphorus fertilizer, natural organic
fertilizer, organic-base fertilizer or fertilizer derived
from a by-product containing phosphorus may be applied at a
rate indicated by a soil test performed not more than three
years before the application date or at a rate not to exceed
0.25 pounds of phosphorus per 1,000 square feet, with a
maximum total annual application of 0.5 pounds of phosphorus
per 1,000 square feet per year.
(2) Fertilizer products containing phosphorus may not be
applied to turf when a soil test performed not more than
three years before the application date indicates a soil
phosphorus level equal to or greater than 200 ppm according
to a Mehlich 3 test or equivalent.
§ 6806. Certification of professional fertilizer applicators.
(a) Certification.--
(1) No professional fertilizer applicator may apply
fertilizer to turf without first completing a certification
program and receiving appropriate certification pursuant to
subsection (c), unless acting under the supervision of a
certified professional fertilizer applicator as provided
under subsection (b).
(2) A certification issued under subsection (c) shall be
valid for three years, subject to the limitations of section
6810(c) (relating to enforcement and penalties).
(b) Supervisory employees.--A person or entity employing
professional fertilizer applicators shall have at least one
supervisory employee who holds a valid certificate present or
immediately accessible to employees applying fertilizer at all
hours of operation.
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(c) Professional fertilizer application program.--
(1) The department shall:
(i) establish a professional fertilizer application
certification program; or
(ii) designate one or more professional fertilizer
application certification programs provided by a third
party, such as a university, industry association,
employer of professional fertilizer applicators or other
continuing education provider, as an approved
professional fertilizer application certification program
for purposes of this section.
(2) Any program established or designated under this
subsection shall include, but not be limited to, information
on the following subject areas:
(i) the proper use and calibration of fertilizer
application equipment;
(ii) the hazards involved in and the environmental
impact of applying fertilizer, including nutrient
pollution, to perennial or intermittent streams;
(iii) all applicable Federal and State laws, rules
and regulations;
(iv) the correct interpretation of fertilizer
labeling information; and
(v) the generally accepted best management practices
for fertilizer use on turf, including the appropriate
time to wait before applying fertilizer when rain is
forecast and the appropriate time to apply fertilizer
when soils are wet and the potential for fertilizer
movement offsite exists.
(d) Program fees and continuing education.--In administering
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a professional fertilizer application certification program:
(1) The department, acting pursuant to subsection (c)(1)
(i), may:
(i) require payment, not to exceed $50, for a
certificate of competency to cover costs associated with
the administration of this chapter; and
(ii) require payment, not to exceed $25, for
recertification to cover costs associated with the
administration of this chapter.
(2) A third party, acting pursuant to subsection (c)(1)
(ii), may:
(i) require payment, not to exceed $50, for a
certificate of competency to cover costs associated with
the administration of this chapter; and
(ii) require payment, not to exceed $25, for a
recertification to cover costs associated with the
administration of this chapter.
(e) Program duties of department.--In establishing or
designating a professional fertilizer application certification
program under subsection (c), the department shall, to the
maximum extent practicable, align education and training
opportunities for commercial applicators of pesticides under
section 16.1 of the act of March 1, 1974 (P.L.90, No.24), known
as the Pennsylvania Pesticide Control Act of 1973.
(f) List of certified professional fertilizer applicators.--
The department shall publish and maintain a list of all
certified professional fertilizer applicators and make the list
available on its publicly accessible Internet website.
§ 6807. Cooperation with other entities.
The department may cooperate with and enter into agreements
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with agencies of the Federal Government, agencies and political
subdivisions of the Commonwealth or any other state or a
nongovernmental entity in order to carry out the purpose and
provisions of this chapter.
§ 6808. Preemption.
This chapter and its provisions are of Statewide concern, and
no political subdivision shall have the authority to adopt or
enforce any ordinance, regulation or resolution which is in
conflict with or differs from this chapter.
§ 6809. Rules and regulations.
The department shall promulgate and enforce rules and
regulations necessary for the administration and implementation
of this chapter. To implement section 6806(c) (relating to
certification of professional fertilizer applicators), the
department shall promulgate rules and regulations no later than
two years from the effective date of this section.
§ 6810. Enforcement and penalties.
(a) Civil penalties.--
(1) In addition to any other remedy available at law or
in equity for a violation of this chapter, the department
may:
(i) Except as otherwise provided in subparagraph
(ii), assess a civil penalty of not more than $50 upon
any person for each violation of a provision of this
chapter.
(ii) Assess a civil penalty of not more than $2,500
upon any person for each violation of section 6803
(relating to fertilizer sold to consumers) or 6804
(relating to labeling).
(2) The civil penalty assessed shall be payable to the
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department and shall be collectible in any manner provided by
law for the collection of debt.
(3) No civil penalty may 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).
(b) De minimis violations.--Nothing in this chapter may be
construed as requiring the department to report a violation and
to institute penalties 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.
(c) Suspension or revocation of certification.--The
department may suspend or revoke a certification under section
6806 (relating to certification of professional fertilizer
applicators) for a violation of this chapter.
§ 6811. Disposition of funds.
Money received from fees collected pursuant to section
6806(d)(1) (relating to certification of professional fertilizer
applicators), fines and penalties under this chapter shall be
paid into the Agronomic Regulatory Account established under
section 6725 (relating to disposition of funds).
Section 4. This act shall take effect as follows:
(1) The addition of 3 Pa.C.S. §§ 6801, 6803, 6804 and
6805 shall take effect in two years.
(2) The addition of 3 Pa.C.S. § 6806(a) and (b) shall
take effect one year after the promulgation of regulations
made under 3 Pa.C.S. § 6806(c).
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(3) The remainder of this act shall take effect
immediately.
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