Trial Engrossment of Amendment A01014 to House Bill 0790 P.N. 0869, Regular Session 2017-2018

A01014

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

790

Session of

2017

INTRODUCED BY PASHINSKI, CAUSER, EVERETT, HAGGERTY, RABB,

V. BROWN, CALTAGIRONE, D. COSTA, BRIGGS, SOLOMON, STURLA,

DALEY, SCHWEYER, O'BRIEN, GAINEY, McCARTER, DEAN, BOYLE,

FLYNN, DONATUCCI, KIM AND KAVULICH, MARCH 10, 2017

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,

MARCH 10, 2017

AN ACT

Regulating controlled plants and noxious weeds; establishing the

Controlled Plant and Noxious Weed Committee; providing for

powers and duties of the Controlled Plant and Noxious Weed

Committee; imposing powers and duties on the Secretary of

Agriculture and municipalities; prescribing penalties;

establishing a category of controlled plants and providing

for the permitting of controlled plants intended to be grown

for biomass and biofuel production or for other beneficial

purposes; establishing the Plant Pest Management Account

within the General Fund; and making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

TABLE OF CONTENTS

Chapter 1. Preliminary Provisions

Section 101. Short title.

Section 102. Definitions.

Chapter 3. Regulation and Administration

Section 301. Designation of noxious weeds and controlled

plants.

Section 302. Permits.

Section 303. Prohibited acts.

Section 304. Noxious weed control areas.

Section 305. Control orders.

Section 306. Compliance with orders.

Section 307. Noxious weed list.

Section 308. Fees.

Section 309. Powers and duties of the secretary and department.

Section 310. Stop-sale orders.

Section 311. Seizure and condemnation.

Section 312. Appeal process.

Section 313. Cooperation with other entities.

Section 314. Rules and regulations.

Chapter 5. Enforcement

Section 501. Unlawful conduct.

Section 502. Interference with inspector, agent or employee of

department.

Section 503. Enforcement and penalties.

Section 504. Injunctive relief.

Section 505. De minimis violations.

Chapter 7. Miscellaneous Provisions

Section 701. Transfer.

Section 702. Disposition of funds.

Section 703. Preemption.

Section 704. Abrogation.

Section 705. Repeals.

Section 706. Effective date.

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101. Short title.

This act shall be known and may be cited as the Controlled

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Plant and Noxious Weed Act.

Section 102. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Class A noxious weed." A weed listed in section 307(a) or a

weed that has been determined by the committee to be a Class A

noxious weed and that:

(1) Is established in this Commonwealth.

(2) Is geographically limited.

(3) Is intended to be eradicated.

"Class B noxious weed." A weed listed in section 307(b) or a

weed that has been determined by the committee to be a Class B

noxious weed and that:

(1) Is widely established in this Commonwealth.

(2) Cannot feasibly be eradicated.

"Class C noxious weed." A weed listed in section 307(c) or a

weed that has been determined by the committee to be a Class C

noxious weed and that:

(1) Is not known to exist in this Commonwealth.

(2) Poses a potential threat if introduced in this

Commonwealth.

"Committee." The Controlled Plant and Noxious Weed Committee

established in section 301.

"Control." The management of the population of a noxious

weed or controlled plant to an acceptable level, including

eradication, as determined by the department.

"Control order." A written order issued by the department to

a person detailing required treatment measures to control

noxious weeds or controlled plants.

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"Controlled plant." A plant species or subspecies that has

been determined by the committee to be a "controlled plant" and

is regulated to prevent uncontained growth and to negate

undesirable characteristics.

"Department." The Department of Agriculture of the

Commonwealth.

"Designee." A person who is duly authorized or appointed by

the secretary to act as the representative of the department.

"Distribute or distribution." To barter, consign, exchange,

give away, import, in any way transfer, offer for sale, sell or

otherwise supply or transport a noxious weed or controlled plant

in this Commonwealth.

"Eradication." The elimination or removal of a noxious weed

or controlled plant so that no further growth occurs for at

least three consecutive years.

"Established." Either:

(1) a plant or plant population found growing in this

Commonwealth as a wild population and capable of

reproduction; or

(2) a plant that has escaped from cultivation and is

reproducing.

"Federal noxious weed." A weed listed in 7 CFR 360.200

(relating to designation of noxious weeds).

"General permit." A regional or Statewide permit that is

issued by the department for a controlled plant and specifies

terms and conditions for distribution, cultivation or

propagation of the controlled plant.

"Geographically limited." Found in discrete, limited

locations of this Commonwealth.

"Individual permit." A permit that is issued by the

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department and includes site-specific terms and conditions for:

(1) research, marketing, warehousing, holding,

retailing, wholesaling, transporting, distributing,

cultivating or propagating of a controlled plant; or

(2) for research and educational purposes related to a

noxious weed.

"Infested." The presence of a noxious weed in any stage of

development in a specific geographic area.

"Landlord." A person who is the owner of an estate in land

or a rental property and has leased it to another person.

"Landowner." A person:

(1) In whom is vested the ownership, dominion or title

of property and in whom one or more interests are vested for

his own benefit.

(2) Who owns the fee and who has the right to dispose of

the property and includes one having a possessory right to

land or the person occupying or cultivating it.

The term includes a department, board, commission, agency and

instrumentality of the Federal Government and the Commonwealth

and any of its political subdivisions.

"Land tenant." A person actually in possession of land.

"Land trust." A trust in which the corpus consists of real

estate and of the trustee of which appears to have full powers

with the real estate and complete legal and equitable title to

the trust property.

"Lessee." A person who has entered into a contract granting

the person occupation or use of property during a certain period

of time in exchange for a specified rent.

"Lessor." A person who grants a lease or rents property to

another for a definite or indefinite period of time, by a

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written or oral lease, irrespective of whether a statute of

fraud requires the lease to be in writing.

"Noxious weed." Either:

(1) a plant part or plant in any stage of development

that is determined to be injurious to crops, livestock,

agricultural land or other property including forest land and

bodies of water; or

(2) any weed listed in 7 CFR 360.200 (relating to

designation of noxious weeds).

"Noxious weed control area." A geographic area of this

Commonwealth, including the entire State, municipality or any

part or tract of land or body of water where a noxious weed is

to be controlled as prescribed under this act.

"Noxious weed permit." An individual permit issued by the

department that specifies terms and conditions for distribution,

cultivation or propagation of a noxious weed for research and

educational purposes.

"Person." An individual, corporation, association,

partnership, municipality or any other entity.

"Plant Pest Management Account" or "account." The Plant Pest

Management Account established under section 702 the act of

December 16, 1992 (P.L.1228, No.162), known as the Plant Pest

Act.

"Propagate." To increase, multiply or spread a plant or crop

through planting, cultivation or any means of reproduction.

"Secretary." The Secretary of Agriculture of the

Commonwealth.

"Stop-sale order." A written notice, issued by the

department to the person in possession of a noxious weed or

controlled plant, which prohibits its distribution.

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"Treatment measure." A method of eradicating, managing,

regulating or controlling noxious weeds or controlled plants

utilizing biological, chemical or mechanical means or a

combination thereof.

"Widely established." Growing throughout multiple counties

and municipalities of this Commonwealth.

CHAPTER 3

REGULATION AND ADMINISTRATION

Section 301. Designation of noxious weeds and controlled

plants.

(a) Controlled Plant and Noxious Weed Committee.--

(1) The Controlled Plant and Noxious Weed Committee

shall have the powers of a departmental administrative board

in the department.

(2) The committee shall be composed of:

(i) the secretary, who shall be the chairperson of

the committee;

(ii) the Secretary of Conservation and Natural

Resources;

(iii) the Secretary of Environmental Protection;

(iv) the Secretary of Transportation;

(v) the Executive Director of the Fish and Boat

Commission and the Executive Director of the Game

Commission;

(vi) the chairperson and minority chairperson of the

Agriculture and Rural Affairs Committee of the Senate and

the chairperson and minority chairperson of the

Agriculture and Rural Affairs Committee of the House of

Representatives;

(vii) three persons, to be appointed by the

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secretary, who must represent the interests and concerns

of the following groups, organizations or industries:

(A) One member of a Statewide general farm

organization.

(B) One member representing the ornamental, turf

and horticultural industry.

education within this Commonwealth.

(3) Except for appointed members, who may be represented

by designees selected by the secretary, members may be

represented by a designee selected by the member.

(4) The appointed members shall serve four-year terms

except that such terms shall initially be staggered with one

of the three members serving a two-year term.

(5) Successors to fill expired terms of appointed

members shall be appointed by the secretary. The secretary

may appoint the same member to successive terms.

(6) An appointed member may continue to hold the

position after his term has expired and until a successor has

been appointed, but in no case, may such time period be

longer than six months beyond the member's original term of

office.

(b) Powers and duties of committee.--

(1) A majority of the committee shall constitute a

quorum. A quorum of the committee shall be required to take

any action. All actions of the committee shall be by a

majority vote.

(2) Prior to taking any action, the committee shall be

required to convene a public meeting to elicit comments from

the regulated community and other interested parties. The

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notice and agenda for a meeting of the committee shall

contain a list of the plants to be considered for addition to

or deletion from the noxious weed list or controlled plant

list. The notice and agenda for a meeting shall be published

in the Pennsylvania Bulletin at least one week prior to the

meeting, except in the case of a special meeting or

rescheduled meeting as allowed under 65 Pa.C.S. § 709(a)

(relating to public notice). All meetings shall be open to

the public and shall comply with the requirements of 65

Pa.C.S. Ch. 7 (relating to open meetings).

(3) The committee shall have the following powers and

duties:

(i) To establish a noxious weed list inclusive of

the list set forth under section 307. The committee may

add weeds to or delete weeds from the noxious weed list,

or move noxious weeds to the controlled plant list, in

accordance with the provisions of this act.

(ii) To establish a controlled plant list and to add

plants to or delete plants from the controlled plant list

in accordance with the provisions of this act. A

controlled plant, upon approval of the committee, may be

moved from the controlled plant list to the noxious weed

list.

(iii) To propose the addition or deletion of plants

to or from the noxious weed list or controlled plant

list. The committee may request that the department

perform a study and risk assessment related to any plant

the committee may consider for addition to or deletion

from the noxious weed list or controlled plant list.

(iv) To publish the noxious weed list and the

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controlled plant list and any additions or deletions or

changes thereto as a notice in the Pennsylvania Bulletin.

Any additions to or deletions from the noxious weed list

or the controlled plant list shall become effective 60

days from publication.

(1) The growth, propagation or existence of a Class A

noxious weed, Class B noxious weed or Class C noxious weed on

any land or water or in any vessel or carrier within this

Commonwealth, except for permitted research or educational

purposes, is strictly prohibited.

(2) Any person, including a landowner, municipality,

landlord, land tenant, land trust, lessor or lessee of

property where these weeds are introduced or exist may be

subject to a control order.

(3) An individual permit shall be required for research

and educational purposes.

(d) (c) Noxious weed and controlled plant seeds.--

(1) Upon the determination of the committee that a plant

falls within the classification of a noxious weed or

controlled plant, the seed of that plant shall fall within

that same classification under 3 Pa.C.S. Ch. 71 (relating to

seed) and relevant regulations.

(2) If no regulatory criteria exist for controlled plant

seeds, the department may regulate controlled plant seeds

through permit, for a period of two years from the effective

date of this section, at which time the department shall

promulgate regulatory standards.

Section 302. Permits.

(a) General rule.--The following permitting rules apply with

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regard to noxious weeds for research or educational purposes and

to controlled plants for research or marketing purposes,

cultivation, propagation, growing, storing, warehousing or

display, and for retail, wholesale or production or

distribution.

(1) For noxious weeds, the department may issue

individual permits. The permits A permit may allow for the

cultivation and propagation of a noxious weed for research

and educational purposes only. The department shall establish

the criteria for a noxious weed individual permit through the

issuance of a temporary order, as set forth in paragraph (4)

subsection (d)(4).

(2) For controlled plants, the department may issue

individual permits or general permits. The permits shall be

required for research, marketing, retail, wholesale or

production, growth, cultivation or propagation of a

controlled plant and the storage, warehousing, display or

distribution of any controlled plant.

(3) General permits may be issued for the research,

The department shall establish the criteria for a controlled

plant individual permit through the issuance of a temporary

order as specified under subsection (d)(4).

(b) Permit required.--No person may research, market,

distribute, transport, cultivate, hold, retail, wholesale,

propagate or display a noxious weed or controlled plant

without obtaining a permit from the department in accordance

with the provisions of this act.

the research, marketing, retail, wholesale, production,

growth transport, storage, warehousing, display,

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distribution, cultivation or propagation of controlled plants

under the following circumstances:

(i) General permits may be issued on a regional or

(1) General permits may be issued on a regional or

Statewide basis for controlled plants where the controlled

plants have similar characteristics and are capable of being

cultivated, propagated, processed and controlled or

eradicated in a similar fashion. Where possible, the

department shall issue general permits for controlled plants

for research purposes and those being marketed, cultivated,

propagated or distributed for the purpose of biofuel

production.

(ii) General permits shall be published in the

(2) General permits shall be published in the

Pennsylvania Bulletin effective upon publication.

(4) Individual permits may be issued for research or the

marketing, distribution, cultivation or propagation of

controlled plants under the following circumstances:

(i) Individual permits may be issued for any

(3) An applicant seeking a general permit under this

subsection shall inform the department of the applicant's

intended use of the general permit and complete an

application for approval to operate under the general permit

requirements. The application shall include a written plan

establishing the practices and methods the applicant will

utilize in order to assure compliance with the general permit

requirements established by the department. In addition to

the written plan, the application shall state, at a minimum,

all of the information required under subsection (d)(5)(i),

(ii), (iii), (iv), (v), (vi), (vii), and (viii).

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(4) Before the approval and issuance of a general

permit, the department may enter onto and inspect the land

and premises, including buildings and conveyances, that will

be utilized for the purpose of engaging in an activity

authorized by the permit regarding a controlled plant. The

inspection shall be conducted during normal business hours.

(d) Individual permits.--Individual permits may be issued

for noxious weeds and controlled plants in accordance with the

following:

(1) An individual permit may be issued for any

controlled plant where:

(A) The controlled plant has such individual

(i) The controlled plant has such individual

characteristics as to make it difficult or impossible for

the department to govern or contain its cultivation,

propagation, control or eradication through regulate a

general set of requirements.

(B) The land or area on which the controlled

(ii) The land or area on which the controlled plant

will be cultivated has such characteristics as would make

it difficult or impossible for the department to govern,

contain, control or eradicate regulate the controlled

plant.

(iii) The controlled plant is highly regulated or

requires additional scrutiny because of a characteristic

of the plant that would be hard to control under a

general permit or where Federal law preempts and requires

such permitting.

(ii) Individual permits shall be issued in writing

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(2) In individual permit shall be issued in writing to

the specific permit holder, contain the temporary order or

reference the regulations establishing the requirements of

the individual permit and be published in the Pennsylvania

Bulletin and effective as enumerated in paragraph (6) (4).

(5) (3) The department may establish through regulation

or a temporary order, as set forth in paragraph (6),

standards and requirements addressing the issuance and

criteria of an individual permit for noxious weeds and

controlled plants.

(6) (4) For each noxious weed, the department shall

issue a temporary order establishing the criteria for the

individual permit to be issued. For a controlled plant, upon

determining that a set of characteristics or circumstances

requires the issuance of an individual permit, the department

shall issue a temporary order establishing the criteria for

the individual permit to be issued. The following shall

apply:

(i) Through the temporary order, the department may

establish restrictions, and standards, including bonding

requirements, and penalties as the department determines

are necessary to:

(A) Identify the specific characteristics of the

noxious weed or controlled plant or the circumstances

including Federal laws, regulations or orders, that

require the issuance of the individual permit.

(B) Assure the permit holder institutes proper

containment, remediation and eradication criteria to

protect the interests of the public, the native plant

and animal populations in this Commonwealth and this

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Commonwealth's flora, fauna and natural resources.

and has the means to cover any costs of remediation,

containment or eradication.

(D) Assure that the permit holder does not

abandon the permitted site prior to notifying the

department and taking such remediation, containment

or eradication measures as the department may

determine are necessary.

(ii) The department shall publish the temporary

order as a notice in the Pennsylvania Bulletin. A copy of

the order shall also be delivered to the person seeking

to research, market, plant or cultivate the noxious weed

or to research, market, plant, cultivate, warehouse,

store, display, grow, produce, hold, distribute, retail,

wholesale or propagate the controlled plant under the the

individual permit.

(iii) The provisions of the temporary order shall be

applicable as of the date of actual or constructive

notice of the temporary order or any later date specified

in the temporary order. Publication of the temporary

order in the Pennsylvania Bulletin shall be constructive

notice.

(iv) The temporary order shall remain in effect for

a period not to exceed the length of time for which the

individual permit was issued, unless the permit is

reissued or extended, or until the criteria stated in the

temporary order are established in regulation, whichever

occurs first.

(b) Permit required.--

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(1) No person may conduct research, market, distribute,

transport, cultivate, hold, retail, wholesale, propagate or

reproduce a noxious weed or controlled plant without first

obtaining a permit from the department in accordance with the

provisions of this act.

(2) Noxious weeds may not be distributed, transported,

cultivated, propagated or reproduced by any manner, except

for research and educational purposes. A person proposing to

distribute, transport, cultivate, propagate or reproduce

noxious weeds for research or educational purposes shall

apply for and receive an individual permit, for each location

at which the research or educational classes will be

conducted, from the department prior to undertaking the

activities.

(3) Controlled plants may not be utilized in research,

marketed, retailed, wholesaled, distributed, transported or

produced, cultivated, propagated or reproduced by any manner

without a permit issued by the department. The following

provisions shall apply:

(i) Any person who seeks to conduct research on,

market, retail, wholesale, distribute, transport or

produce, cultivate, propagate or reproduce a controlled

plant for which an individual permit is required shall

apply for and receive an individual permit from the

department, for each location at which research will be

conducted or a controlled plant will be marketed,

retailed, wholesaled, distributed, transported from or

produced, cultivated, propagated or reproduced, prior to

undertaking the activity.

(ii) Where the department has established a general

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permit requirement for a controlled plant, a person

seeking to conduct research on, market, retail,

wholesale, produce, distribute, transport, cultivate,

propagate or reproduce the controlled plant shall, prior

to undertaking the activity, inform the department of the

intent and complete an application for approval to

operate under the general permit requirements. The

application shall include a plan establishing the

practices and methods the applicant will utilize in order

to assure compliance with the general permit requirements

established by the department. In addition to the written

plan, the application shall state, at a minimum, all of

the information required in subsection (c)(1), (2), (3),

(4), (5), (6), (7) and (8).

(4) Prior to the approval and issuance of an individual

permit or authorization to begin research, marketing,

distribution, transportation, retailing, wholesaling,

production, cultivation, propagation or reproduction of a

controlled plant under a general permit, the department may

enter onto and inspect the land and premises and all areas of

the land and premises, including buildings and conveyances,

that will be utilized for or where the permitted activity

will be conducted. The inspection shall be limited to normal

business hours and to the areas where the permitted

activities will be or are occurring.

for an individual permit shall meet the criteria established by

the department through a temporary order or regulation as

authorized by this act, be made on a form and a manner

prescribed by the department and shall contain at least the

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following:

(1) Legal name, address and daytime and evening

telephone numbers of the applicant.

(2) Physical location, including a detailed plot map and

description of the site to be planted or site at which the

noxious weed or controlled plant will be propagated,

cultivated, stored or distributed. The description of the

location shall also include the county, municipality and the

name of the road or roads bordering the physical location.

The plot map shall be attached to the application and shall

state the GPS coordinates outlining the boundaries of the

site and other important landmarks.

(3) For any seller, distributor, holder or depository of

propagation material, the name and address and the applicable

Federal or Commonwealth license or certification number or

both, where applicable.

(4) The United States Department of Agriculture Plants

Database scientific and common names of the noxious weed or

controlled plant that the applicant desires to propagate,

possess, import, introduce, purchase or transport, including

classification of species by sterile biotype, cultivar,

variety F1 parent, variety F2 parent or other name.

(5) Identity of the intended plant parts to be used and

the stage of development at planting, including seed, rhizome

and cutting.

(6) Attestation that the plant materials have been

selected from apparently disease-free and pest-free sources.

(7) A description of the packaging and biosecurity

safeguards to be utilized. Plant material shall be packaged

and safeguarded sufficiently to maintain isolation from the

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domestic environment during transportation.

(8) An attestation by the permit holder stating the

permit holder shall continue to comply with the permit

requirements for the duration of time the plant materials are

in the permit holder's possession and that the permit holder

understands and agrees to the following:

(i) If the permit holder intends to transfer

possession or ownership of the noxious weed or controlled

plant, the permit holder shall, prior to the transfer of

possession or ownership, notify the department and assure

the person to whom the noxious weed or controlled plant

will be transferred or sold that the permit holder has

obtained the required individual permit.

(ii) If the permit holder intends to stop growing or

cultivating the noxious weed or controlled plant, the

permit holder shall notify the department and implement

all measures ordered by the department to destroy the

noxious weed or controlled plant, unless another person

assumes responsibility for the noxious weed or

controlled plant and submits a new permit.

(iii) If the permit holder abandons, relinquishes

possession or ownership of, control over or

responsibility for the noxious weed or controlled plant,

in a manner inconsistent with the provisions of this act,

all plant material regulated by the permit shall be

destroyed in a manner approved by the department. The

original permit holder shall continue to be responsible

for the noxious weed or controlled plant, the cost of

destruction and eradication of the noxious weed or

controlled plant and any plant material associated

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therewith. The original permit holder shall continue to

be subject to any and all penalty provisions established

under this act.

(9) Identify the use of the noxious weed or controlled

plant to be permitted, including ornamental landscape,

agricultural crop, feed crop, research, education, biofuel,

biomass, further sale or distribution or any other particular

use.

(10) Detailed description of the activity, including the

intended size of area to be planted and the intended date of

planting.

(11) Whether the noxious weed or controlled plant will

be further distributed, sold, transported, replanted, used

for seed or other purposes. If so, the permit shall include

the name and address of the persons and locations to which

the noxious weed or controlled plant will be distributed,

sold or transported. If sold or distributed for further

propagation, the permit shall include the information

required by paragraphs (1) and (2) and the name and address

of the person to which the noxious weed or controlled plant

was sold or distributed for such use.

(12) A written contingency plan for each site for

eradication or recapture in the event of an unauthorized

escape or introduction of the controlled plant.

(13) An attestation that the applicant shall comply with

all terms and conditions contained in the permit.

(d) Additional information.--The secretary may request

additional information from the applicant in writing after the

application is received, if necessary, to evaluate the potential

risk to the Commonwealth.

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(e) Expiration date and renewal.--

(1) An individual noxious weed and controlled plant

permit shall expire on December 31 of each year, unless

otherwise specified in the permit. An application for renewal

of a permit must be made by October 1 of the year the permit

expires. An application for renewal shall describe any change

to the required information previously submitted. Failure to

renew an individual permit shall be a violation of this act.

(2) Information regarding general permit compliance

shall be updated on a calendar year basis. Updated

information shall be submitted to the department no later

than January 10 of each new calendar year. Failure to submit

the required information within the time period established

in this paragraph shall be a violation of this act.

(5) A written application for an individual permit shall

meet the criteria established by the department through a

temporary order or regulation as authorized by this act and

be made on a form and a manner as prescribed by the

department. The application shall contain at least the

following:

(i) The legal name, address and daytime and evening

telephone numbers of the applicant.

(ii) The physical location, including a detailed

plot map and description of the site to be planted or

site where the noxious weed or controlled plant will be

propagated, cultivated, stored or distributed. The

description of the location shall also include the

county, municipality and the name of each road bordering

the physical location. The plot map shall be attached to

the application and shall state the GPS coordinates

A01014 - 21 -

outlining the boundaries of the site and other important

landmarks.

(iii) For a seller, distributor, holder or

depository of propagation material, the name and address

and the applicable Federal or Commonwealth license or

certification number or both, where applicable.

(iv) The scientific and common names of the noxious

weed or controlled plant for which the applicant desires

an individual permit according to the United States

Department of Agriculture PLANTS Database, including

classification of species by sterile biotype, cultivar,

variety F1 parent, variety F2 parent or other name.

(v) The identity of the intended plant parts to be

used and the stage of development at planting, including

seed, rhizome and cutting.

(vi) Attestation that the plant materials have been

selected from apparently disease-free and pest-free

sources.

(vii) A description of the packaging and biosecurity

safeguards to be utilized. Plant material shall be

packaged and safeguarded sufficiently to maintain

isolation from the domestic environment during

transportation.

(viii) An attestation by the applicant stating the

applicant shall continue to comply with the permit

requirements for the duration of time the plant materials

are in the permit holder's possession and that the permit

holder understands and agrees to the following:

(A) If the permit holder intends to transfer

possession or ownership of the noxious weed or

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controlled plant, the permit holder shall, before

the transfer of possession or ownership, notify

the department and assure the person to whom the

noxious weed or controlled plant will be

transferred or sold that the permit holder has

obtained the required individual permit.

(B) If the permit holder intends to stop

growing or cultivating the noxious weed or

controlled plant, the permit holder shall notify

the department and implement all measures ordered

by the department to destroy the noxious weed or

controlled plant, unless another person assumes

responsibility for the noxious weed or

controlled plant and is issued an individual

permit.

relinquishes possession or ownership of, control

over or responsibility for the noxious weed or

controlled plant, in a manner inconsistent with

the provisions of this act, all plant material

regulated by the permit shall be destroyed in a

manner approved by the department. The original

permit holder shall continue to be responsible

for the noxious weed or controlled plant, the

cost of destruction and eradication of the

noxious weed or controlled plant and any plant

material associated with the noxious weed or

controlled plant. The original permit holder

shall continue to be subject to the penalties

imposed under this act.

A01014 - 23 -

(ix) The identification of the use of the

noxious weed or controlled plant to be permitted,

including ornamental landscape, agricultural crop,

feed crop, research, education, biofuel, biomass,

further sale or distribution or any other particular

use.

(x) A detailed description of the activity

authorized by the permit, including the intended size

of the area to be planted and the intended date of

planting.

(xi) Whether the noxious weed or controlled

plant will be further distributed, sold, transported,

replanted, used for seed or other purposes. If the

noxious weed or controlled plant will be further

distributed, sold, transported, replanted, used for

seed or other purposes, the permit shall include the

name and address of the person and location to which

the noxious weed or controlled plant will be

distributed, sold or transported. If sold or

distributed for further propagation, the application

shall include the information required under

subparagraphs (i) and (ii) and the name and address

of the person to which the noxious weed or controlled

plant was sold or distributed for such use.

(xii) A written contingency plan for each site

for eradication or recapture in the event of an

unauthorized escape or introduction of the noxious

weed or controlled plant.

(xiii) An attestation that the applicant shall

comply with all terms and conditions contained in the

A01014 - 24 -

permit.

(6) The secretary may request additional information, if

necessary, from the applicant in writing after the

application is received to evaluate the potential risk to the

Commonwealth.

(7) An individual permit shall expire on December 31 of

each year, unless otherwise specified in the permit. An

application for renewal of an individual permit must be made

by October 1 of the year the permit expires. An application

for renewal shall describe any change to the required

information previously submitted. Failure to renew an

individual permit shall be a violation of this act.

(8) General information regarding permit compliance

shall be updated on a calendar year basis. Updated

information shall be submitted to the department no later

than January 10 of each new calendar year. Failure to submit

the required information within the time period established

under this paragraph shall be a violation of this act.

(9) Before the approval and issuance of an individual

permit, the department may enter onto and inspect the land

and premises, including buildings and conveyances, that will

be utilized for the purpose of engaging in an activity

authorized by the permit. The inspection shall be limited to

normal business hours.

(f) (e) Notice of closing, change of name or moving

location.--

(1) Any person who holds a permit or is required to hold

a permit under this act shall notify the department, in

writing, prior to any change of status related to the permit,

including:

A01014 - 25 -

(i) Intent to close, sell or change the name of the

business or entity holding the permit.

(ii) Intent to move the location of the business or

entity or the location of the activity specifically

authorized by the permit.

(iii) Intent to discontinue the activities

specifically authorized by the permit.

(2) Upon notification, the department, in performance of

its duties to protect the interests of the public, the native

plant and animal populations and natural resources in this

Commonwealth, may enter onto the land and premises, including

buildings and conveyances that were utilized for or where the

permitted activity of the person holding or required to hold

a permit under this act took or are taking place, and to

conduct such inspections of the premises as are necessary to

determine what remedial, eradication or containment practices

are necessary prior to the closure or other change of status

occurring.

(3) Failure to notify the department or otherwise comply

with the provisions of this subsection shall be a violation

of this act.

(g) (f) Revocation or suspension.--Within 30 days of receipt

of a notice of revocation, the permit holder may apply for an

amendment to the permit or request a hearing as outlined in

section 312. The secretary may revoke or suspend all or part of

a permit issued under this section when:

(1) The secretary determines that a permittee permit

holder has failed to comply with the requirements of this

act.

(2) It is necessary to protect the interests of the

A01014 - 26 -

public, to protect native plant and animal populations in

this Commonwealth, or to otherwise protect this

Commonwealth's natural resources.

Section 303. Prohibited acts.

(a) General compliance.--It shall be a violation of this act

to fail to comply with any provision of this act or any

regulation, permit requirement or order established under this

act.

(b) Noxious weeds.--Except as established in an individual

permit allowing educational or research purposes, it shall be a

violation of this act to distribute, cultivate or propagate any

noxious weed within this Commonwealth.

to conduct research, market, hold, warehouse, retail, wholesale,

produce, transport, display, distribute, cultivate or propagate

a controlled plant without a permit issued by the department.

(d) Abandonment.--It shall be a violation of this act for a

person holding or required to hold or comply with a permit

requirement of this act to abandon a noxious weed or controlled

plant site or premises without first notifying the department

and taking such actions as are necessary or ordered by the

department to remediate the site.

(e) Concealment or misrepresentation.--It shall be unlawful

for a person to:

(1) conceal a noxious weed or controlled plant from

inspection; or

(2) make a false declaration of acreage, square footage

or any other information required to comply with the permit

requirements of this act.

(f) Noncompliance with permit requirements.--It shall be a

A01014 - 27 -

violation of this act to fail to comply with any of the

requirements established in a general or individual permit.

Section 304. Noxious weed control areas.

(a) General rule.--The department may establish a noxious

(a) General rule.--The following apply:

(1) The department may establish a noxious weed control

area through a noxious weed control order issued by the

department. The order shall be published in the Pennsylvania

Bulletin and disseminated to persons in the noxious weed

control area that will be affected by the order. A noxious

weed control order shall remain in effect until such time as

it is rescinded by the department or until the criteria set

forth in the noxious weed control order are established by

regulation. The purpose of a noxious weed control order shall

be to prevent the dissemination of noxious weeds within this

Commonwealth.

(b) Notice.--The department shall give notice of the

establishment of a noxious weed control area and the noxious

weed control order. Within the noxious weed control area, the

(2) Within the noxious weed control area, the department

may prohibit, without inspection, the movement, shipment or

transportation of any noxious weed or other material capable

of carrying the noxious weed from the area under the noxious

weed control order.

affected landowner or lessee or other person within the noxious

weed control area to comply with the provisions of the noxious

weed control order within the time frame indicated in the order.

A noxious weed control order may require treatment measures,

including remedial, containment and eradication requirements,

A01014 - 28 -

for the noxious weeds to be implemented by the landowner, lessee

or other affected person.

(d) (c) Publication.--Every designated noxious weed control

area and any accompanying noxious weed control order created

under this section shall be published in the Pennsylvania

Bulletin pursuant to the act of July 31, 1968 (P.L.769, No.240),

referred to as the Commonwealth Documents Law.

Section 305. Control orders.

(a) Noxious weeds.--

(1) The department may issue a control order requiring

any person to implement treatment measures for noxious weeds.

The control order shall state the general factual and legal

basis for the action and shall advise the affected person

that, within 15 days of receipt of the control order, the

affected person may file with the department a written

request for an administrative hearing. The hearing shall be

conducted in accordance with 2 Pa.C.S. (relating to

administrative law and procedure).

(2) The written control order of the department shall be

served upon the affected person by personal service or by

registered or certified mail, return receipt requested.

(3) The control order shall become final upon the

expiration of the 15-day period for requesting an

administrative hearing, unless a timely request for a hearing

has been filed with the department.

(b) Controlled plants.--

(1) The department may issue a control order requiring a

controlled plant permit holder or a person required to have

such permit to implement treatment measures for a controlled

plant. The department may issue a control order requiring a

A01014 - 29 -

person to implement treatment measures for controlled plants

if the department finds that a controlled plant is growing on

any premises or property without a valid permit. The order

shall state the general factual and legal basis for the

action and advise the affected person that within 15 days of

receipt of the order, the affected person may file with the

department a written request for an administrative hearing.

The hearing shall be conducted in accordance with 2 Pa.C.S.

(2) The written control order of the department shall be

served upon the affected person by personal service or by

registered or certified mail, return receipt requested.

(3) The control order shall become final upon the

expiration of the 15-day period for requesting an

administrative hearing, unless a timely request for a hearing

has been filed with the department.

shall describe the noxious weed or controlled plant situation

that exists and prescribe the required remediation, control,

eradication or treatment measures and the date by which such

measures must be completed.

Section 306. Compliance with orders.

(a) General rule.--The A person subject to a control order

issued under section 305 shall comply with the control order

within the time frame specified in the control order or, if

appealed, the time frame established in the final adjudication

of the secretary. The cost of the remediation, control,

eradication or treatment measures shall be borne by the person

subject to the control order.

(b) Notice and duty of municipality.--

(1) If the person subject to the control order fails to

A01014 - 30 -

comply with the control order, the department shall notify

that person and the municipality within which the person

resides or where the person's property is located by

certified mail. After receipt of the notice, the appropriate

officials of the municipality shall take the necessary steps

to carry out the measures established in the control order

within the time frame specified in the notification by the

department.

(2) A municipality which acts to control a noxious weed

or controlled plant on a noncomplying person's property may

recover the expenses and costs incurred by the municipality

in carrying out the measures established in the control order

from the person who was the subject of the department's

control order.

Section 307. Noxious weed list.

(a) Class A noxious weeds.--The following are Class A

noxious weeds:

(1) Amaranthus palmeri S. Watson (commonly known as

Palmer amaranth).

(2) Amaranthus rudis (commonly known as common

waterhemp).

(3) Amaranthus tuberculatus (commonly known as tall

waterhemp).

(4) Avena sterilis L. (commonly known as animated oat).

(5) Cuscuta L. (commonly known as dodder).

(6) Galega officinalis L. (commonly known as goatsrue).

(7) Heracleum mantegazzianum Sommier & Levier (commonly

known as giant hogweed).

(8) Hydrilla verticillata (L.f.) Royle (commonly known

as hydrilla).

A01014 - 31 -

(9) Oplismenus hirtellus (L.) P. Beauv. Subsp.

undulatifolius (commonly known as Wavyleaf basketgrass).

(10) Orobanche L. (commonly known as broomrape).

(11) Pueraria DC. (commonly known as kudzu).

(b) Class B noxious weeds.--The following are Class B

noxious weeds:

(1) Carduus nutans L. (commonly known as musk thistle).

(2) Cirsium arvense L. (commonly known as Canada

thistle).

(3) Cirsium vulgare L. (commonly known as bull thistle).

(4) Exotic Lythrum species, including Lythrum salicaria

L. (commonly known as purple loosestrife), the Lythrum

salicaria complex and Lythrum virgatum L. (commonly known as

European wand loosestrife), their cultivars and any

combination thereof.

(5) Persicaria perfoliata (L.) H. Grass (formerly known

as Polygonum perfoliatum L.) (commonly known as mile-a-minute

weed).

(6) Rosa multiflora L. (commonly known as multiflora

rose).

(7) Sorghum bicolor L. Moench (commonly known as

shattercane).

(8) Sorghum halepense (L.) Pers. (commonly known as

Johnson grass).

Federal noxious weeds listed in 7 CFR 360.200 (relating to

designation of noxious weeds) not established in this

Commonwealth which are not referenced above.

(d) Committee determination.--Any plant or weed designated

as a noxious weed as authorized by section 301.

A01014 - 32 -

Section 308. Fees.

(a) General rule.--The following fees, which shall be

deposited into the account are established:

(1) General permit, $150 per permit with a $50 annual

renewal fee.

(2) Individual permit, $250 per permit with a $100

annual renewal fee.

(3) Inspection fees for field locations - $50 minimum

inspection fee for up to 10 acres, with a $5 per acre fee for

each additional acre up to a maximum fee of $500.

(4) Inspection fees for greenhouses - Greenhouse

locations shall be assessed a fee based on square footage as

follows:

(i) $50 for less than 5,000 square feet.

(ii) $100 for 5,000-25,000 square feet.

(iii) $150 if greater than 25,000 square feet.

(5) Plant identification - $40 per sample.

(6) Laboratory testing - Fees as established in 3

Pa.C.S. Ch. 71 (relating to seed).

(b) Adjustment of fees.--The department may promulgate

regulations to fix, adjust, assess and collect, or cause to be

collected, fees as established in this act. The fees shall be

large enough to meet the reasonable expenses incurred by the

department or its agents in administering this act, including

issuing permits, conducting inspections and carrying out

necessary testing. If the secretary determines that money

derived from all authorized fees are either greater or less than

that required to administer this act, the secretary may reduce

or increase the fees so as to maintain revenues sufficient to

administer this act.

A01014 - 33 -

the adjustment of fees by publishing a notice in the

Pennsylvania Bulletin. The adjusted fees shall take effect 60

days after publication of such notice in the Pennsylvania

Bulletin.

(d) (c) Payment of fees.--Fees shall be paid by check or

money order made payable to the Commonwealth of Pennsylvania.

Failure to pay a fee on time shall be a violation of this act. A

late fee of $25 shall be assessed for every month that a fee is

past due.

Section 309. Powers and duties of the secretary and department.

(a) General rule.--The secretary shall enforce this act and

may employ all proper means for the enforcement of this act,

including issuing notices of violation and orders, filing

violations for criminal prosecution, seeking injunctive relief,

imposing civil penalties and entering into consent agreements.

(b) General powers and duties of department.--The

department, in carrying out the provisions of this act and in

addition to all other authority granted to the secretary and the

department by this act, shall have the authority to:

(1) Enter upon any public or private premises or

carriers during regular business hours in order to have

access to noxious weeds and controlled plants subject to

provisions of this act and the records relating to this act.

(2) Enter upon any public or private premises or carrier

for the purpose of controlling noxious weeds or controlled

plants and enforcing the provisions of this act.

(3) (1) Issue and enforce a written control order to any

person in possession of a noxious weed or controlled plant.

(4) (2) Issue and enforce written permits and permit

A01014 - 34 -

requirements to any person who wishes to conduct research on

research, market, hold, warehouse, retail, wholesale,

produce, propagate, transport, cultivate or distribute a

controlled plant under such terms and conditions as are

reasonably required to carry out the provisions of this act.

(5) (3) When utilizing any enforcement tool authorized

by this act to control, remediate, contain or eradicate a

noxious weed or controlled plant, and or to recover, from the

noncomplying person or landowner, expenses and costs incurred

in such enforcement and compliance actions. The department

may impose additional civil or criminal penalties for failure

to comply. Such penalties shall include the reasonable cost

of eradication and compliance expenses incurred by the

department.

(6) If the department is denied access to any building,

conveyance, equipment, land or vehicle where such access was

sought for the purposes and under the authority set forth in

this act, the secretary may apply to any issuing authority

for a search warrant authorizing access to such building,

conveyance, equipment, land or vehicle for that purpose. The

court may upon application by the department, issue the

search warrant for the purposes requested.

(1) In the performance of the duties required by this

act, the department and its inspectors, employees and agents

shall have free access, during reasonable hours, to any land

or premises on which noxious weeds or controlled plants are

present or found or where there is reasonable suspicion to be

present.

(2) The department may enter onto and inspect the land

A01014 - 35 -

and premises and any areas of the land and premises,

including buildings and conveyances, that are or will be

utilized for such activities or where the permitted

activities are or will be conducted.

(d) Refusal of entry.--It shall be unlawful for a person to

refuse or delay access to the inspector, employee or agent of

the department; to hinder, thwart or defeat inspection by

misrepresentation or concealment of regulated articles, facts or

conditions; to prevent an inspector, employee or agent from

gaining entry through an act of omission; or to interfere with

an inspector, employee or agent as specified under section 502.

(e) (c) Search warrants.--

(1) If an inspector, employee or agent of the department

has probable cause to believe a noxious weed or controlled

plant exists on a property or premises or if access or entry

as described in subsections (b), (c) and (d) is denied or

hindered, the department's inspector, employee or agent may,

upon oath or affirmation, declare before a court of competent

jurisdiction that the inspector, employee or agent has

probable cause to believe that noxious weeds or controlled

plants exist on the land or premises.

(2) Upon review of such declaration, the court may issue

a search warrant for the property or premises. The search

warrant shall describe the property or premises, which may be

searched under authority of the search warrant, but need not

describe the exact or all possible noxious weeds or

controlled plants that exist or may exist on the property or

premises.

(3) An inspector, employee or agent of the department

possessing such search warrant shall have all the authority

A01014 - 36 -

of a constable or peace officer in the execution of the

warrant.

(4) (3) It shall be sufficient probable cause to show

either of the following:

(i) That in cases involving a person who holds or is

required to hold an individual permit or general permit

under this act, the inspector, employee or agent has been

refused or delayed entry for the purpose of inspection.

(ii) The inspector, employee or agent has reasonable

grounds to believe that a violation of this act or

regulations promulgated or orders issued under the

authority of this act has been or is occurring.

(f) (d) Inspections and sampling authority.--

(1) The department, through its inspectors, employees

and agents, may inspect any land, premises, buildings,

vehicles, vessels, articles, locations, machinery,

conveyances or other places of a person holding or required

to hold a permit under this act.

(2) The department may inspect any records required to

be kept under the an individual permit or general permitting

requirements of this act and its permit and any attendant

orders and regulations.

(3) The department may collect samples and take pictures

of any noxious weeds or controlled plants. The department and

its inspectors, employees and agents may enter onto the land

or premises of a person where noxious weeds or controlled

plants are viewed or found for the purpose of this act.

(g) (e) Delegation.--The secretary may delegate any power or

duty under this act to an agent acting on behalf of the

department, with the exception of the powers and duties of the

A01014 - 37 -

committee.

Section 310. Stop-sale orders.

(a) General rule.--The department may issue and enforce a

stop-sale order to any person holding or required to hold a

permit under this act or to any person where a noxious weed or

controlled plant exists. The stop-sale order shall require a

person to hold, at a designated place, any noxious weed or

controlled plant. Noxious weeds or controlled plants under

subject to a stop-sale order issued under the authority of this

subsection shall continue to be held at the designated place

until the department is notified by the person to whom the stop-

sale order was directed that the prescribed treatment measure or

action has been taken and a reinspection of the premises

indicates the treatment measure has been completed and was

effective.

(b) Official marking of noxious weeds and controlled plants

under subject to a stop-sale order.--

(1) Noxious weeds and controlled plants under a stop-

sale order shall be clearly identified and, where

practicable, conspicuously marked.

(2) It shall be unlawful for a person to remove markings

placed by the department for this purpose unless instructed

by the department to do so.

violate a stop-sale order issued under this section. The

department may impose any and all penalties authorized under

this act for a violation of such order.

Section 311. Seizure and condemnation.

(a) General rule.--Where the distribution, transportation,

cultivation, propagation, reproduction marketing, retail,

A01014 - 38 -

wholesale, holding, warehousing, research or educational

practices of a noxious weed or controlled plant is not in

compliance with the provisions of this act or any regulation

promulgated or order issued under this act, the department, in

addition to any other action allowed authorized under this act,

may file a complaint before a court of competent jurisdiction in

the area in which the noxious weed or controlled plant is

located, or before the Commonwealth Court, requesting such

injunctive relief as necessary to prevent harm and requesting an

order of seizure and condemnation be issued.

(b) Relief.--In the event that the court finds the noxious

weed or controlled plant to be in violation of this act, or any

regulation promulgated or order issued under this act, the court

shall order the condemnation of the noxious weed or controlled

plant. Upon execution of such court order, the condemned noxious

weed or controlled plant shall be disposed of in any manner

consistent with the laws of this Commonwealth.

Section 312. Appeal process.

An administrative appeal shall be taken and hearing 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 must file an appeal of an enforcement

action by the department within 15 days of the date of the

enforcement action.

Section 313. Cooperation with other entities.

The department may cooperate and enter into agreements with

any individual, person, organization or Federal, State, county,

or municipal agency for the purpose of implementing the

provisions of this act. The department may assist in the

A01014 - 39 -

enforcement of any Federal noxious weed quarantine established

under Federal act or regulations.

Section 314. Rules and regulations.

The department may promulgate rules and regulations and

establish and enforce orders necessary for administration and

implementation of this act. in accordance with the act of July

31, 1968 (P.L.769, No.240), referred to as the Commonwealth

Documents Law, the act of October 15, 1980 (P.L.950, No.164),

known as the Commonwealth Attorneys Act, and the act of June 25,

1982 (P.L.633, No.181), known as the Regulatory Review Act.

CHAPTER 5

ENFORCEMENT

Section 501. Unlawful conduct.

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

to cause or assist in the violation of an order or provision of

this act.

Section 502. Interference with inspector, agent or employee of

department.

A person who willfully or intentionally interferes with an

inspector, employee or agent of the department in the

performance of the inspector's, employee's or agent's duties or

activities authorized under this act commits a misdemeanor of

the third degree and shall, upon conviction, be subject to a

term of imprisonment of not more than one year or a fine of not

more than $2,500, or both.

Section 503. Enforcement and penalties.

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

person who violates a provision of this act or a rule or

regulation adopted under this act or any order issued under this

act:

A01014 - 40 -

(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 $100 and costs of prosecution or to

undergo imprisonment for a term which shall be fixed at not

more than 90 days, or both.

(2) For a subsequent offense committed within three

years of a prior conviction for a violation of this act or a

rule, regulation or order made under this act, commits a

misdemeanor of the second degree and shall, upon conviction,

be sentenced to pay a fine of not less than $500 and costs of

prosecution or to imprisonment for not more than two years,

or both.

(b) Civil penalties.--

(1) In addition to any other remedy available at law or

in equity for a violation of this act, the department may

assess a civil penalty of not more than $10,000, plus cost of

remediation, containment or eradication, upon a person for

each violation of this act or a regulation promulgated or

order issued under authority of this act. The civil penalty

assessed shall be payable to the department for deposit into

the account. The penalty amount shall be collectible in any

manner provided by law for the collection of debt, including

referring any collection matter to the Office of Attorney

General, which shall recover such amount by action in the

appropriate court.

(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

A01014 - 41 -

(relating to judicial review of Commonwealth agency action).

Section 504. Injunctive relief.

In addition to any other remedies provided for in this act,

the Attorney General, at the request of the secretary, may

initiate, in the Commonwealth Court or the court of common pleas

of the county in which the defendant resides or has his place of

business, an action in equity for an injunction to restrain any

and all violations of this act or the rules and regulations

promulgated under this act.

Section 505. De minimis violations.

Nothing in this act shall be construed as requiring the

department to report a violation or to institute seizure

proceedings or other enforcement actions under this act as a

result of de minimis violations of this act if the department

concludes that the public interest will be best served by a

suitable notice of violation or warning in writing.

CHAPTER 7

MISCELLANEOUS PROVISIONS

Section 701. Transfer.

The amount of $300,000 shall be transferred from the General

Fund to the account to be utilized for the purposes enumerated

under this act.

Section 702. Disposition of funds.

(a) Plant Pest Management Account.--Money received from

permitting fees, control work reimbursement, fines and penalties

under this act shall be paid into a special nonlapsing

restricted account in the General Fund, to be known as the Plant

Pest Management Account.

(b) Supplements.--The account may be supplemented by money

received from the following sources:

A01014 - 42 -

(1) Federal funds appropriated to the department for

purposes of this act.

(2) State funds appropriated to the department for

purposes of this act.

(3) Gifts and other contributions from public or private

sources for purposes of this act.

Section 703. Preemption.

All local laws contrary to this act are preempted.

Section 704. Abrogation.

The regulations under 7 Pa. Code §§ 111.22 (relating to

prohibited noxious weed seeds) and 111.23 (relating to

restricted noxious weed seeds) are abrogated insofar as they are

inconsistent with this act.

Section 705. Repeals.

Repeals are as follows:

(1) The General Assembly declares that the repeals under

paragraphs (2) and (3) are necessary to effectuate this act.

(2) The act of April 7, 1982 (P.L.228, No.74), known as

the Noxious Weed Control Law, is repealed.

(3) 3 Pa.C.S. Ch. 71 is repealed insofar as it is

inconsistent with this act.

Section 706. Effective date.

This act shall take effect in 60 days.

A01014 - 43 -