Trial Engrossment of Amendment A05252 to Senate Bill 0251 P.N. 1183, Regular Session 2021-2022

HOUSE AMENDED

A05252

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

251

Session of

2021

INTRODUCED BY YAW, MARTIN, GORDNER, BAKER, TARTAGLIONE, STEFANO,

SCHWANK, COMITTA AND STREET, FEBRUARY 26, 2021

AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,

HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 27, 2021

AN ACT

Amending Title 3 (Agriculture) of the Pennsylvania Consolidated

Statutes, repealing provisions relating to fertilizer;

providing for fertilizer; in soil and plant amendment,

further providing for disposition of funds; in seed, further

providing for disposition of funds; establishing the

Agronomic Regulatory Account within the General Fund;

imposing duties on the Department of Agriculture; and making

conforming amendments.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 67 of Title 3 of the Pennsylvania

Consolidated Statutes is repealed:

[CHAPTER 67

FERTILIZER

§ 6701. Short title of chapter.

This chapter shall be known and may be cited as the

Fertilizer Act.

§ 6702. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Brand." A term, design or trademark used in connection with

one or several grades of fertilizer.

"Bulk fertilizer." A fertilizer distributed in a nonpackaged

form.

"By-product." Municipal waste or residual waste as defined

in the act of July 7, 1980 (P.L.380, No.97), known as the Solid

Waste Management Act, 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.

"Deficiency." The amount of nutrient found by analysis to be

less than that guaranteed.

"Department." The Department of Agriculture of the

Commonwealth.

"Distribute." To import, consign, offer for sale, sell,

barter or otherwise supply fertilizer in this Commonwealth.

"Facility." Each separate mill or plant that manufactures

fertilizer.

"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

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nutrients: nitrogen, phosphate or potash;

(2) has 85% or more of its plant nutrient content

present in the form of a single chemical compound; or

(3) is derived from a plant or animal residue, by-

product, coproduct as defined in 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.

"Grade." The percentage of total nitrogen, available

phosphate and soluble potash stated in whole numbers in the same

terms, order and percentages as in the guaranteed analysis

except that, with respect to specialty fertilizers, fertilizer

materials, bone meal, manures and similar materials, the

guaranteed analysis may be stated in fractional units.

"Guaranteed analysis." The minimum percentage of plant

nutrients claimed in the following order and form:

Total nitrogen (N) %

Available phosphate (P2O5) %

Soluble potash (K2O) %

For other organic phosphatic materials, the total phosphate or

degree of fineness may also be guaranteed. Guarantees for plant

nutrients other than nitrogen, phosphorus and potassium may be

established by regulation.

"Guarantor." The person whose name and address appears on

the label of a fertilizer.

"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,

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posters or electronic media used in promoting the distribution

of fertilizer.

"Manufacture." To produce, mix, blend, repackage or further

process fertilizer or fertilizer material for distribution.

"Micronutrient." Any of the following: boron, chlorine,

cobalt, copper, iron, manganese, molybdenum, sodium and zinc.

"Official sample." A sample of fertilizer taken by the

Department of Agriculture or its agent to effect the provisions

of this chapter and designated as official.

"Overall index value." The value obtained from the

calculation: (commercial value found) x 100/(commercial value

guaranteed).

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

"Person." An individual, partnership, association, firm,

corporation or any other legal entity.

"Plant nutrient." Any of the following: primary nutrient,

secondary nutrient and micronutrient.

"Primary nutrient." Any of the following: total nitrogen,

available phosphate and soluble potash.

"Secondary nutrient." Any of the following: calcium,

magnesium and sulfur.

"Secretary." The Secretary of Agriculture of the

Commonwealth or the secretary's designee.

"Specialty fertilizer." A fertilizer distributed for nonfarm

use and fertilizer material primarily intended to supply plant

nutrients other than nitrogen, phosphate or potash.

"Tolerance." A permitted variation from the guarantee of an

official sample of fertilizer.

§ 6703. Licensing.

(a) General rule.--Every person engaged in the manufacture

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of fertilizer to be distributed in this Commonwealth and every

guarantor of fertilizer shall, on or before July 1 of each year

or prior to manufacture or distribution, apply for and obtain an

annual license for each guarantor and each facility located in

this Commonwealth. The application for licensure must be on the

form prescribed by the department and shall be accompanied by a

$25 application fee. All licenses shall expire on June 30 of

each year.

(b) Labeling and typical analysis.--The department may

require an applicant for a license or a current licensee to

submit the labeling that the person is using or intends to use

for the fertilizer. The department may also require an applicant

or licensee to provide a typical analysis of selected components

that may be in the fertilizer.

§ 6704. Registration of specialty fertilizers.

(a) Application.--Each brand and grade of specialty

fertilizer shall be registered by the guarantor with the

department before being offered for sale, sold or distributed in

this Commonwealth. An application for each brand and grade of

specialty fertilizer shall be made on a form prescribed by the

department and shall be accompanied by a fee of $25 per each

grade of each brand. Labels for each brand and grade shall

accompany the application. Upon the approval of an application

by the department, a copy of the registration shall be furnished

to the applicant. All registrations shall expire on June 30 of

each year.

(b) Contents of application.--An application for

registration shall include:

(1) The brand and grade.

(2) The guaranteed analysis.

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(3) The name and address of the guarantor.

(4) The net weight.

under this chapter by another person, providing the label does

not differ in any material respect.

(d) Late fee.--If the application for renewal of the

specialty fertilizer registration required in this section is

not filed prior to June 30 of each year, a penalty of $25 or 10%

of the registration fee, whichever is greater, may be assessed

and added to the original fee and shall be paid by the applicant

before the renewal specialty fertilizer registration is issued.

The penalty shall not apply if the applicant furnished an

affidavit that the applicant has not distributed the specialty

fertilizer subsequent to the expiration of the applicant's prior

registration.

§ 6705. Labels and labeling.

(a) General rule.--Any fertilizer distributed in a container

in this Commonwealth shall have placed on or affixed to the

container a label setting forth in legible and conspicuous form:

(1) The brand and grade of the fertilizer, provided that

the grade shall not be required when no primary nutrients are

claimed.

(2) The guaranteed analysis.

(3) The name and address of the guarantor.

(4) The net weight.

(b) Bulk fertilizer.--In the case of bulk fertilizer

shipments, the information required by subsection (a) shall

accompany delivery and shall be provided in writing to the

purchaser at time of delivery.

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be expressed in the form of the element. The department may

require by regulation that the source of such other nutrients be

stated on the application for registration and may be required

on the label. The department may require by regulation that

other beneficial substances or compounds be guaranteed. When any

plant nutrients or other substances or compounds are guaranteed,

they shall be subject to inspection and analysis in accordance

with the methods and regulations prescribed by the department.

(d) Proof of labeling claims.--The department may require

proof of any labeling claims made for fertilizer. Any research

in support of such claims shall be performed by an institution

approved by the department utilizing acceptable scientific

methodology.

(e) Consumer-specified fertilizer formulations.--A

fertilizer formulated according to specifications which are

furnished by a consumer prior to mixing shall be labeled to

show:

(1) The net weight.

(2) The guaranteed analysis.

(3) The name and address of the guarantor.

(f) Bulk storage.--Fertilizer in bulk storage that is

intended for distribution shall be identified with a label

attached to the storage bin or container giving the name and

grade of the product.

§ 6706. Inspection fees.

(a) Amounts.--

(1) The guarantor whose name appears on the label of a

fertilizer distributed in this Commonwealth shall pay

semiannually and not later than January 31 and July 31 of

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each year an inspection fee at the rate of 15¢ per ton. In no

case shall the inspection fee paid semiannually amount to

less than $25.

(2) On packages of 15 pounds or less, there shall be

paid in lieu of the inspection fee of 15¢ per ton provided

for in paragraph (1), annually and not later than January 31

of each year, an inspection fee of $25 for each brand and

grade of fertilizer distributed.

(3) If the guarantor whose name appears on the label

distributes fertilizers in this Commonwealth in both packages

of less and more than 15 pounds, the $25 inspection fee shall

be paid for its brands and grades sold in packages of 15

pounds or less, and the 15¢ per ton fee shall be paid for its

packages of more than 15 pounds.

(b) Adjustment to fees by secretary.--

(1) Notwithstanding the provisions of subsection (a), if

the secretary determines following notice to the registrants

and licensees that moneys derived from the registration and

inspection fees are either greater or less than that required

to administer this chapter, the secretary may reduce or

increase the inspection fee so as to maintain revenues

sufficient to administer this chapter.

(2) An inspection fee established under this subsection

may not be changed by more than 2¢ in one year and may not

exceed 25¢ per ton.

(3) The secretary shall announce the adjustment of fees

by publishing a notice in the Pennsylvania Bulletin. The

adjusted fees shall take effect 60 days after publication of

such notice in the Pennsylvania Bulletin.

§ 6707. Tonnage reports.

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(a) General rule.--The guarantor whose name appears on the

label shall submit, along with the requisite inspection fee, a

report in a manner prescribed by the department listing by

county the net tons of each brand and grade of fertilizer

distributed in this Commonwealth for the period covered by the

inspection fee.

(b) Multiple guarantors.--When more than one guarantor is

involved in the distribution of fertilizer, the guarantor who

distributed the fertilizer last shall report the tonnage and pay

the inspection fee unless the report and payment have been made

by a prior distributor.

fee, whichever is greater, shall be imposed for any fee or

report not submitted at the required time.

(d) Examination permitted.--The department or its authorized

representative may examine the records of the guarantor to

verify the information contained in the reports filed with the

department. Reports containing fraudulent or incorrect

information shall be considered a violation of this chapter for

which the department may assess any penalty as provided for in

this chapter.

(e) Confidentiality of information.--

(1) No proprietary information furnished to the

department under this section shall be disclosed in such a

way as to knowingly or intentionally divulge a trade secret

of any person subject to the provisions of this chapter.

(2) This subsection shall not apply to information

furnished to a court or administrative tribunal in accordance

with law.

§ 6708. Inspection, sampling and analysis.

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(a) General rule.--The department shall inspect, sample,

make analyses of and test fertilizers distributed within this

Commonwealth and shall inspect the storage of bulk fertilizer at

any time and place and to such an extent as the department may

deem necessary to determine whether such fertilizers are in

compliance with the provisions of this chapter. The department

or its agent may enter upon any public or private premises or

carriers during regular business hours in order to have access

to fertilizer subject to provisions of this chapter and the

records relating to this chapter.

(b) Laboratory methodology.--The department shall establish

by regulation the methods of fertilizer sampling and analysis.

In promulgating such regulations, the department shall consider

methods such as those adopted by the Association of Official

Analytical Chemists International. In cases not covered by such

methods or in cases where improved methods are available, the

department may issue a temporary order defining the method to be

utilized. The method defined in the temporary order shall be

effective upon publication in the Pennsylvania Bulletin. The

temporary order shall remain in effect for a period not to

exceed one year unless reissued or until such order is

promulgated as a regulation.

determining whether any fertilizer is deficient, shall be guided

solely by the official sample obtained and analyzed as provided

for in subsections (a) and (b).

(d) Retention of official samples.--Official samples

maintained by the department and that require imposition of a

penalty for nutrient deficiency shall be retained for a minimum

of 90 days from issuance of a deficiency report. Upon request,

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the department shall furnish to the guarantor a portion of any

sample that is subject to penalty or other legal action. Such

requests must be made within 30 days of notification of sample

violations.

§ 6709. Plant food deficiency.

(a) Penalties.--The following penalties shall be assessed

for deficiencies from the guaranteed analysis:

(1) A penalty payment of five times the commercial value

of each deficiency shall be assessed when the analysis shows

that a fertilizer is deficient:

(i) in one or more of its guaranteed primary

nutrients beyond a tolerance of 10% (two unit maximum);

(ii) when the overall index value of the primary

nutrients in the fertilizer is below 97.

(2) When a fertilizer is subject to a penalty payment

under both paragraph (1)(i) and (ii), the larger penalty

payment shall apply. Any such penalties assessed may not

exceed the retail price of the lot of fertilizer represented

by the official sample.

(3) Deficiencies beyond the tolerance as established by

regulation in a component other than a primary nutrient shall

be evaluated by the department and shall be subject to any

penalty under this chapter.

(b) Payment of penalties.--All penalties assessed under this

section shall be paid by the guarantor to the consumer of the

lot of fertilizer represented by the sample analyzed within 90

days after the date of notice from the department to the

guarantor. Receipts of payment shall be promptly forwarded by

the guarantor to the department. If the consumer cannot be

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found, the penalties shall be paid to the department.

official sample of mixed fertilizer resulting from nonuniformity

shall not be deemed distinguishable from a deficiency due to

actual plant nutrient shortage and shall be deemed a violation

of this chapter for which the department may assess any penalty

as provided for in this chapter.

§ 6710. Commercial value.

For the purpose of determining the commercial value to be

applied under section 6709 (relating to plant food deficiency),

the department shall determine and publish annually the values

per pound of nitrogen, available phosphate and soluble potash in

fertilizers in this Commonwealth. The amounts determined and

published shall be used in determining and assessing penalty

payments.

§ 6711. Misbranding.

No person shall distribute a misbranded fertilizer. A

fertilizer shall be deemed to be misbranded if:

(1) its labeling is false or misleading in any

particular;

(2) it is distributed under the name of another

fertilizer product;

(3) it is not labeled as required in section 6705

(relating to labels and labeling) and in accordance with

regulations prescribed under this chapter; or

(4) it purports to be or is represented as a fertilizer

or is represented as containing a plant nutrient or

fertilizer unless such plant nutrient or fertilizer conforms

to the definition of identity, if any, prescribed by

regulation.

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§ 6712. Adulteration.

(a) General rule.--No person shall distribute an adulterated

fertilizer product. A fertilizer shall be deemed to be

adulterated if:

(1) it contains any deleterious or harmful substance in

sufficient amount to render it injurious to beneficial plant

life, animals, humans, aquatic life, soil or water when

applied in accordance with its intended use or directions for

use on the label;

(2) adequate warning statements or directions for use

which may be necessary to protect plant life, animals,

humans, aquatic life, soil or water are not shown upon the

label;

(3) its composition falls below or differs from that

which it is purported to possess by its labeling; or

(4) it contains viable weed seed in amounts exceeding

the limits which the department establishes by regulation.

(b) Exception.--A fertilizer shall not be considered

adulterated under this section if the quantity of the substance

in the fertilizer does not ordinarily render it injurious.

§ 6713. Publications.

The department shall publish at least annually and in such

form as it deems proper such information concerning the

distribution of fertilizers and results of analyses based on

official samples of fertilizer distributed within this

Commonwealth as compared with analyses guaranteed under sections

6704 (relating to registration of specialty fertilizers) and

6705 (relating to labels and labeling).

§ 6714. Short weight.

If any fertilizer in the possession of a consumer is found by

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the department to be short in weight, the guarantor of that

fertilizer shall, within 30 days after official notice from the

department, submit to the consumer a penalty payment of two

times the value of the actual shortage.

§ 6715. Refusal, suspension or revocation of registration or

license.

The department may refuse, suspend or revoke the registration

of any fertilizer or refuse, suspend or revoke the license of

any person where the registrant or licensee has not complied

with the provisions of this chapter or of any person who has

used fraudulent or deceptive practices in the evasion of the

provisions of this chapter.

§ 6716. Stop-sale orders.

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

written or printed stop-sale, use or removal order to the owner

or custodian of any lot of fertilizer and to hold at a

designated place when the department finds the fertilizer is

being offered or exposed for sale in violation of any of the

provisions of this chapter. The order shall remain in effect

until the law has been complied with and the fertilizer is

released in writing by the department or the violation has been

otherwise legally disposed of by written authority.

(b) Release by department.--The department shall release

fertilizer held under a stop-sale order when the requirements of

the provisions of this chapter have been complied with and all

costs and expenses incurred in connection with the withdrawal

have been paid by the person responsible for the violation.

§ 6717. Seizure and condemnation.

A lot of fertilizer not in compliance with the provisions of

this chapter shall be subject to seizure and condemnation by the

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department, provided that in no instance shall the disposition

of the fertilizer be ordered by the department without first

giving the claimant an opportunity for a hearing as provided for

in section 6718 (relating to appeal process) or for opportunity

to apply for permission to process or relabel the fertilizer to

bring it into compliance with this chapter.

§ 6718. Appeal process.

All appeals shall be taken and hearings conducted in

accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A

(relating to practice and procedure of Commonwealth agencies)

and 7 Subch. A (relating to judicial review of Commonwealth

agency action).

§ 6719. Cooperation with other entities.

The department may cooperate with and enter into agreement

with governmental agencies of the Federal Government, agencies

of this Commonwealth and any other state in order to carry out

the purpose and provisions of this chapter.

§ 6720. Rules and regulations.

The department shall promulgate and enforce rules and

regulations necessary for administration and implementation of

this chapter.

§ 6721. Unlawful conduct.

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

to cause or assist in the violation of any order or any of the

provisions of this chapter or the rules and regulations adopted

under this chapter.

§ 6722. Interference with officer or employee of department.

A person who willfully or intentionally interferes with an

employee or officer of the department in the performance of that

employee's or officer's duties or activities authorized under

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this chapter 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.

§ 6723. Enforcement and penalties.

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

person who violates any of the provisions of this chapter or a

rule or regulation adopted thereunder or any order issued

pursuant thereto:

(1) For the first offense, commits a summary offense and

may, upon conviction, be sentenced for each offense to pay a

fine of not less than $50 nor more than $100 and costs of

prosecution or to 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 any violation of this chapter

or any rule, regulation or order made under this chapter,

commits a misdemeanor of the second degree and shall, upon

conviction, be sentenced to pay a fine of not less than $500

nor more than $1,000 and costs of prosecution or to

imprisonment for not more than two years, or both.

(b) Trade secrets.--

(1) Any person who uses to that person's own advantage

or reveals to anyone other than the department,

administrative tribunal or the courts when relevant in any

judicial proceeding any information acquired under the

authority of this chapter concerning any method, records,

formulations or processes which as a trade secret is entitled

to protection under the law commits a misdemeanor of the

third degree and shall, upon conviction, be sentenced to pay

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a fine of not less than $500 or to imprisonment for not less

than one year, or both.

(2) This subsection shall not be construed to prohibit

the department from exchanging information of a regulatory

nature with governmental agencies of the Federal Government,

agencies of this Commonwealth or any other state to implement

the provisions of this chapter.

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

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

assess a civil penalty of not more than $2,500 upon any

person for each violation of this chapter. The civil penalty

assessed shall be payable to the department and shall be

collectible in any manner provided by law for the collection

of debt.

(2) No civil penalty shall be assessed unless the person

assessed the penalty has been given notice and an opportunity

for a hearing on the assessment in accordance with the

provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice

and procedure of Commonwealth agencies) and 7 Subch. A

(relating to judicial review of Commonwealth agency action).

(d) Certified copy of official analysis.--In prosecution

under this chapter involving the composition of a lot of

fertilizer, a certified copy of the official analysis signed by

the secretary or the secretary's designee shall be accepted as

prima facie evidence of the composition.

(e) De minimis violations.--Nothing in this chapter shall be

construed as requiring the department to report a violation and

to institute seizure proceedings as a result of de minimis

violations of this chapter when the department concludes that

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the public interest will be best served by a suitable notice of

warning in writing.

§ 6724. Exchanges between manufacturers.

Nothing in this chapter shall be construed as restricting or

avoiding sales or exchanges of fertilizers to each other by

importers, manufacturers or manipulators who mix fertilizer

materials for sale or as preventing the free and unrestricted

shipments of fertilizer to manufacturers or manipulators who are

licensed as required by provisions of this chapter.

§ 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

Regulatory Account are hereby appropriated to the department for

the purposes of this chapter and Chapters 69 (relating to soil

and plant amendment) and 71 (relating to seed).]

Section 2. Title 3 is amended by adding a chapter to read:

CHAPTER 68

FERTILIZER

SUBCHAPTER

A. General Provisions

B. Fertilizer Manufacturers and Guarantors

C. Applicator Licensing and Certification

D. Recordkeeping

E. Application Rates, Requirements and Prohibitions

F. Agricultural and Homeowner Education Program

G. Administration and Penalties

SUBCHAPTER A

GENERAL PROVISIONS

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Sec.

6801. Short title of chapter.

6802. Legislative intent.

6803. Definitions.

§ 6801. Short title of chapter.

This chapter shall be known and may be cited as the

Fertilizer Act.

§ 6802. Legislative intent.

This chapter is intended to:

(1) Provide for the labeling, application,

recordkeeping, packaging, use, sale and distribution of

agricultural fertilizer as well as turf or other specialty

fertilizer.

(2) Provide consumer protection through licensing,

labeling and sampling.

(3) Establish professional fertilizer applicator

certification.

(4) Provide a means of consumer education and outreach.

(5) Ensure that applicators follow best practices when

applying fertilizer.

§ 6803 6802

Sec.

6801. Definitions.

6802. Licensing.

6803. Registration of specialty fertilizers.

6804. Components of fertilizer labeled for turf.

6805. Labels and labeling.

6806. Inspection fees.

6807. Tonnage reports.

6808. Plant nutrient deficiency.

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6809. Commercial value.

6810. Misbranding.

6811. Adulteration.

6812. Application of fertilizer.

6813. Application of fertilizer to turf.

6814. Prohibited acts.

6815. Agricultural and homeowner education.

6816. Publications.

6817. Rules and regulations.

6818. Short weight.

6819. Refusal, suspension or revocation of registration or

license.

6820. Stop-sale orders.

6821. Seizure and condemnation.

6822. Unlawful conduct.

6823. Inspection, sampling and analysis.

6824. Interference with officer or employee of department.

6825. Enforcement and penalties.

6826. Appeal process.

6827. Civil remedy.

6828. Cooperation with other entities.

6829. Exchanges between manufacturers.

6830. Confidentiality.

6831. Disposition of funds.

6832. Exclusion of local laws and regulations.

§ 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 OPERATION." THE MANAGEMENT AND USE OF FARMING

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RESOURCES FOR THE PRODUCTION OF CROPS, LIVESTOCK OR POULTRY.

"Brand." A term, design or trademark used in connection with

one or several grades of fertilizer.

"Bulk fertilizer." A fertilizer distributed in a nonpackaged

form.

"By-product." Municipal waste or residual waste as defined

in the act of July 7, 1980 (P.L.380, No.97), known as the Solid

Waste Management Act, that contains a plant nutrient and meets

all applicable regulations of the Department of Environmental

Protection.

"Certified applicator." A person AN INDIVIDUAL who is

certified under section 6832 (relating to certification of

applicators) as competent to use or supervise the use of

fertilizer or train TO TRAIN A fertilizer technicians TECHNICIAN

on the proper application of fertilizer.

"Commercial applicator." A person CERTIFIED APPLICATOR

EMPLOYED BY A FERTILIZER APPLICATION BUSINESS who applies or

supervises the application of fertilizer . to the property or

premises of another or who applies or supervises application of

fertilizer to any of the following:

(1) A golf course.

(2) The property or premises of a public or private

park.

(3) The property or premises of a public, nonpublic or

licensed private elementary or secondary school where a

resident of this Commonwealth may fulfill the compulsory

school attendance requirements and that meets the applicable

requirements of Title IV of the Civil Rights Act of 1964

(Public Law 88-352, 78 Stat. 241). This term does not include

the residence of a home schooled student.

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(4) A public or private college or university that

applies fertilizer to the campus grounds, excluding a person

who conducts research at a public or private college or

university or a State-related university that applies

fertilizer to test plots.

(5) A public playground or an athletic field.

"Compost." Product manufactured from the controlled aerobic

biological decomposition of biodegradable materials that have

been sanitized through the generation of mesophilic and

thermophilic heat cycles and have stabilized carbon to the point

that the materials are beneficial to plant growth.

"Consumer." A person who purchases fertilizer for the ITS

end use of a product .

"Deficiency." The amount of nutrient found by analysis to be

less than that guaranteed, that may result from a lack of

nutrient ingredients or uniformity.

"Department." The Department of Agriculture of the

Commonwealth.

"Distribute." To import, consign, offer for sale, sell,

barter or otherwise supply fertilizer in this Commonwealth.

"Distributor." A person that distributes fertilizer or

fertilizer material.

"Enhanced efficiency." Relating to a fertilizer product with

characteristics that allow increased plant nutrient uptake and

reduced potential of nutrient losses to the environment, such as

gaseous losses, leaching or runoff.

"Facility." Each separate mill or plant that manufactures

fertilizer.

"Fertilizer." A substance containing one or more recognized

plant nutrients that is used for its plant nutrient content and

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is designed for use or claimed to have value in promoting plant

growth, except unmanipulated animal manure and plant remains,

SPENT MUSHROOM SUBSTRATE and compost when not used as a plant

nutrient , agricultural liming materials, wood ashes and other

materials exempted by the department's regulations. The term

shall not apply to animal manure that is regulated under:

(1) Chapter 5 (relating to nutrient management and odor

management);

(2) the act of June 28, 2004 (P.L.454, No.49), known as

the Commercial Manure Hauler and Broker Certification Act; or

(3) 25 Pa. Code § 91.36(b) (relating to pollution

control and prevention at agricultural operations).

"Fertilizer application business." A PERSON, OTHER THAN A

governmental or public entity, commercial applicator or business

for profit or not for profit that applies fertilizer to or on:

(1) the property or premises of another;

(2) the property or premises of a golf course, park,

school, college or university or public playground; or

(3) an athletic field.

(2) A GOLF COURSE;

(3) THE PROPERTY OR PREMISES IN A RECREATIONAL AREA OF A

PUBLIC PARK OR PRIVATE PARK;

(4) THE PROPERTY OR PREMISES OF A PUBLIC, NONPUBLIC OR

LICENSED PRIVATE ELEMENTARY OR SECONDARY SCHOOL WHERE A

RESIDENT OF THIS COMMONWEALTH MAY FULFILL THE COMPULSORY

SCHOOL ATTENDANCE REQUIREMENTS AND THAT MEETS THE APPLICABLE

REQUIREMENTS OF TITLE IV OF THE CIVIL RIGHTS ACT OF 1964

(PUBLIC LAW 88-352, 78 STAT. 241). THIS PARAGRAPH DOES NOT

INCLUDE THE RESIDENCE OF A HOME SCHOOLED STUDENT;

(5) A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY THAT

A05252 - 23 -

APPLIES FERTILIZER TO THE CAMPUS GROUNDS, EXCLUDING A PERSON

WHO CONDUCTS RESEARCH AT A PUBLIC OR PRIVATE COLLEGE OR

UNIVERSITY OR A STATE-RELATED UNIVERSITY THAT APPLIES

FERTILIZER TO TEST PLOTS; OR

(6) A PUBLIC PLAYGROUND OR AN ATHLETIC FIELD.

"Fertilizer application business license." A license

obtained ISSUED under section 6831 (relating to licensing of

fertilizer application businesses) OR 6831.1 (RELATING TO

LICENSING OF GOVERNMENTAL OR PUBLIC ENTITIES) .

"Fertilizer license." A license obtained under section 6811

6802 (relating to licensing).

"Fertilizer material." A fertilizer that:

(1) contains only one of the following primary plant

nutrients:

(i) nitrogen;

(ii) phosphate; or

(iii) potash;

(2) has at least 85% of its plant nutrient content

present in the form of a single chemical compound; or

(3) is derived from a plant or animal residue, by-

product, coproduct as defined in 25 Pa. Code § 287.1

(relating to definitions) or natural material deposit that

has been processed in a way that the fertilizer's content of

plant nutrients has not been materially changed except by

purification and concentration.

"Fertilizer technician." A person AN INDIVIDUAL who:

(1) Is not certified A CERTIFIED APPLICATOR under this

chapter.

(2) Works for IS EMPLOYED BY a fertilizer application

business OR A GOVERNMENTAL OR PUBLIC ENTITY .

A05252 - 24 -

(3) Works IS TRAINED BY A CERTIFIED APPLICATOR AND WORKS

under the direction of a certified applicator TO APPLY

FERTILIZER .

"Governmental or public entity." An executive or independent

agency or governmental unit of the Federal Government ,

Commonwealth or its instrumentalities, OR THE COMMONWEALTH OR a

local agency , municipal authority or political subdivision .

"Grade." The percentage of total nitrogen, available

phosphate and soluble potash stated in whole numbers in the same

terms, order and percentages as in the guaranteed analysis,

except that, with respect to specialty fertilizers, fertilizer

materials, bone meal, manures and similar materials may be

stated in fractional units.

"Growing media." Material in which plants are grown, such as

garden soil, potting soil or commercial soil-less mixes.

"Guaranteed analysis." The minimum percentage of plant

nutrients claimed in the following order and form:

Total Nitrogen (N) %

Available Phosphate (P2O5) %

Soluble Potash (K2O) %

For other organic phosphatic materials, the total phosphate or

degree of fineness may also be guaranteed. Guarantees for plant

nutrients other than nitrogen, phosphorus and potassium may be

established by department regulation.

"Guarantor." A person, including a manufacturer or

distributor, whose name and address appear on the label of

fertilizer.

"Impervious surface." A structure, surface or improvement

that reduces or prevents infiltration of water into soil,

including, but not limited to, concrete, asphalt, roadways,

A05252 - 25 -

sidewalks, parking lots, driveways and patios.

"Label." The display of all written, printed or graphic

matter on the immediate container or a statement accompanying a

fertilizer.

"Labeling." All written, printed or graphic matter, on or

accompanying fertilizer or advertisements, brochures, posters or

electronic media used in promoting the distribution of

fertilizer.

"LOCAL AGENCY." A GOVERNMENTAL UNIT OTHER THAN THE

COMMONWEALTH. THE TERM SHALL INCLUDE, BUT NOT BE LIMITED TO, A

COUNTY, CITY, BOROUGH, TOWN, TOWNSHIP, SCHOOL DISTRICT OR

MUNICIPAL AUTHORITY.

"Manipulation." "MANIPULATED." Processed or treated in any

manner, including drying to a moisture content of less than 30%.

"Manufacture." To produce, mix, blend, repackage or further

process fertilizer or fertilizer material for distribution.

"Manure." Animal excrement, with or without the bedding,

litter, straw, washwater and other refuse materials, dirt and

waste ordinarily mixed or commingled with that excrement, that

is produced at an agricultural operation.

"Micronutrient." Any of the following:

(1) Boron.

(2) Chlorine.

(3) Cobalt.

(4) Copper.

(5) Iron.

(6) Manganese.

(7) Molybdenum.

(8) Nickel.

(9) Sodium.

A05252 - 26 -

(10) Zinc.

"Natural organic fertilizer." Materials that are:

(1) Derived from either plant or animal products

containing one or more elements, other than carbon, hydrogen

and oxygen.

(2) Essential for plant growth and subjected to

biological degradation processes under normal conditions of

aging, rainfall, sun curing, air drying, composting, rotting,

enzymatic or anaerobic or aerobic bacterial action or any

combination of these processes.

(3) Not mixed with synthetic materials or changed in any

physical or chemical manner from their initial state except

by manipulations WHEN MANIPULATED BY METHODS such as drying,

cooking, chopping, grinding, shredding, hydrolysis or

pelleting.

"Net weight." The total weight of fertilizer as offered for

sale, excluding the weight of the container.

"Official sample." A sample of fertilizer collected or

obtained by the department or its agent to effectuate the

provisions of this chapter and designated as official.

"Organic-based fertilizer." A mixed fertilizer in which:

(1) More than half of the fertilizer materials are

organic.

(2) More than half of the sum of the guaranteed primary

nutrient percentages are derived from organic materials.

"Overall index value." The value obtained from the

calculation: (commercial value found) x 100 / (commercial value

guaranteed).

"Park." Privately or publicly owned outdoor real estate,

including a public recreational area and an area with restricted

A05252 - 27 -

access.

"Percentage." A percentage by weight.

"Person." An individual, a partnership, an association, a

firm, a corporation or another legal entity.

"PESTICIDE APPLICATOR." A COMMERCIAL APPLICATOR OR A PUBLIC

APPLICATOR AS DEFINED IN SECTION 4 OF THE ACT OF MARCH 1, 1974

(P.L.90, NO.24), KNOWN AS THE PENNSYLVANIA PESTICIDE CONTROL ACT

OF 1973.

"Plant nutrient." Any of the following:

(1) A primary nutrient.

(2) A secondary nutrient.

(3) A micronutrient.

"Primary nutrient." Any of the following:

(1) Nitrogen.

(2) Phosphorus.

(3) Potassium.

"PRIVATE PARK." PRIVATELY OWNED OUTDOOR REAL ESTATE WHICH

INCLUDES A RECREATIONAL AREA FOR USE BY THE PUBLIC, INCLUDING AN

AREA WITH RESTRICTED ACCESS.

"Public applicator." A certified applicator who applies

fertilizer as an employee of the Federal or State government or

a public entity. EMPLOYED BY A GOVERNMENTAL OR PUBLIC ENTITY WHO

APPLIES OR SUPERVISES THE APPLICATION OF FERTILIZER.

"PUBLIC PARK." PUBLICLY OWNED OUTDOOR REAL ESTATE WHICH

INCLUDES A RECREATIONAL AREA FOR USE BY THE PUBLIC, INCLUDING AN

AREA WITH RESTRICTED ACCESS.

"RECREATIONAL AREA." AN OUTDOOR PLACE OF RELAXATION, PLAY OR

EXERCISE.

"Registrant." A person who registers fertilizer under this

chapter.

A05252 - 28 -

"Repackage." The placement of fertilizer into a container or

bulk bin other than what is supplied by the guarantor.

"Secondary nutrient." Any of the following:

(1) Calcium.

(2) Magnesium.

(3) Sulfur.

"Specialty fertilizer." A fertilizer distributed for nonfarm

use or FERTILIZER:

(1) DISTRIBUTED FOR USE NOT ASSOCIATED WITH AN

AGRICULTURAL OPERATION; OR

(2) a fe rtilizer primarily intended to supply plant

nutrients other than nitrogen, phosphate or potash.

"Stream buffer zone." A permanent strip of dense perennial

vegetation established parallel and immediately adjacent to the

bank of a pond, wetland or flowing body of water, such as a

stream, river or creek, that is used to slow water runoff,

enhance water infiltration and minimize the risk of potential

nutrients reaching the waters.

"Tolerance." A permitted variation from the guarantee of an

official sample of fertilizer.

"Ton." A net weight of 2,000 pounds.

"Turf." Land, including, but not limited to, residential

property, a golf course and privately or publicly owned land,

that is planted in closely mowed, managed grass, except for land

used for AN agricultural production OPERATION .

SUBCHAPTER B

FERTILIZER MANUFACTURERS AND GUARANTORS

Sec.

6811. Licensing.

6812. Registration of specialty fertilizers.

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6813. Turf fertilizer components. COMPONENTS OF FERTILIZER

LABELED FOR TURF.

6814. Labels and labeling.

6815. Inspection fees.

6816. Tonnage reports.

6817. Plant food NUTRIENT deficiency.

6818. Commercial value.

6819. Misbranding.

6820. Adulteration.

§ 6811 6802 . Licensing.

(a) Requirements.--Each person engaged in the manufacture of

fertilizer to be distributed in this Commonwealth and each

guarantor of the fertilizer shall, on or before July 1 of each

year or prior to manufacture or distribution of the fertilizer,

obtain a fertilizer license for each manufacturing facility

located in this Commonwealth and for each guarantor by

completing a form furnished by the department and paying a $50

application fee or a fee established in the manner provided

under section 6886 (relating to fees, fines and civil penalties)

FOR EACH FA CILITY AND FOR EACH GUARANTOR . All licenses shall

expire on June 30 of each year.

(b) Labeling and typical analysis.--The department may

require an applicant for a fertilizer license or a current

fertilizer licensee to submit the labeling that the person is

using or intends to use for the fertilizer. The department may

also require an applicant or fertilizer licensee to provide a

typical analysis of selected components that may be in the

fertilizer.

§ 6812 6803 . Registration of specialty fertilizers.

(a) Application.--Each brand and grade of specialty

A05252 - 30 -

fertilizer shall be registered by the guarantor with the

department before being offered for sale, sold or distributed in

this Commonwealth. An application for each brand and grade of

specialty fertilizer shall be made on a form furnished by the

department and shall be accompanied by a fee of $100 or a fee

established in the manner provided under section 6886 (relating

to fees, fines and civil penalties), per each grade of each

brand. Labels for each brand and grade shall accompany the

application. All registrations shall expire on June 30 of each

year.

(b) Contents of specialty fertilizer registration

application.--An application for registration shall include:

(1) The brand and grade.

(2) The guaranteed analysis.

(3) The name and address of the guarantor.

(4) Net weight.

(1) A distributor shall not be required to register a

specialty fertilizer that is already registered under this

chapter by another person, if the label does not differ in a

material respect.

(2) Registration shall not be required when a fertilizer

is formulated according to the specifications that are

furnished by the end user CONSUMER and is not further

distributed or offered for sale to the general public.

(d) Late fee.--

(1) If the application for renewal of the specialty

fertilizer registration required under this section is not

filed prior to June 30 of each year, a penalty of $25 or 10%

of the total registration fee for all products sought to be

A05252 - 31 -

registered, whichever is greater , or a fee established in the

manner provided under section 6886 may be assessed and added

to the original fee and shall be paid by the applicant before

the renewal of the specialty fertilizer registration is

issued.

(2) The penalty shall not apply if the applicant

furnished an affidavit that the applicant has not distributed

the specialty fertilizer subsequent to the expiration of the

applicant's prior registration.

§ 6813 6804 . Turf fertilizer components. COMPONENTS OF

FERTILIZER LABELED FOR TURF.

(a) General rule.--Except as provided in subsection (b),

fertilizer labeled for turf that is distributed to end users

CONSUMERS in this Commonwealth shall:

(1) Consist of at least 20% enhanced efficiency nitrogen

of the total nitrogen or as otherwise determined by the

department, which determination shall be transmitted to the

Legislative Reference Bureau for publication in the

Pennsylvania Bulletin.

(2) Contain no phosphorus, unless the fertilizer is a

natural organic or organic-based fertilizer.

(b) Exemptions.--

(1) Subsection (a) shall not apply when turf fertilizer

is labeled for repairing a turf area or establishing a turf

area for the first time.

(2) Subsection (a)(1) shall not apply to liquid turf

fertilizers or readily available nitrogen fertilizers labeled

for turf, if the directions for use are in accordance with

the requirements of section 6852 6813 (relating to

application of fertilizer to turf).

A05252 - 32 -

regulation, may establish additional requirements for turf

fertilizer APPLIED TO TURF .

§ 6814 6805 . Labels and labeling.

(a) Contents of label.--The guarantor of a fertilizer

distributed in a container in this Commonwealth shall place on

or affix to the container a label stating in legible and

conspicuous form the following:

(1) The brand and grade of the fertilizer. The grade

shall not be required if no primary nutrients are claimed.

(2) The guaranteed analysis.

(3) A statement of FROM where the material was derived

from .

(4) Directions for use for fertilizer distributed to the

end user CONSUMER .

(5) The name and address of the guarantor.

(6) The net weight.

(b) Bulk fertilizer.--In the case of bulk fertilizer

distribution, the information required under subsection (a)

shall accompany delivery and shall be provided in writing to the

purchaser at time of delivery.

primary nutrients, shall be expressed in the form of the

element. The department may require by regulation that other

beneficial substances or compounds be guaranteed. When plant

nutrients or other substances or compounds are guaranteed, they

shall be subject to inspection and analysis in accordance with

the methods and regulation prescribed by the department.

(d) Proof of labeling claims.--The department may require

proof of labeling claims made for fertilizer. Research in

A05252 - 33 -

support of the claims must be performed by an institution

approved by the department utilizing acceptable scientific

methodology.

(e) Consumer-specified fertilizer formulations.--In lieu of

the requirements under subsection (a), a fertilizer formulated

according to specifications that are furnished by the end user

CONSUMER prior to mixing shall be labeled in a clearly legible

and conspicuous form to show the grade, net weight, guaranteed

analysis and name and address of the guarantor.

(f) Bulk fertilizer storage.--Bulk fertilizer in bulk

fertilizer storage that is intended for distribution shall be

identified with a label attached to the storage bin or container

giving the name and grade of the product.

(g) Turf fertilizer.--Subject to subsection (i), fertilizer

intended for use on turf that is distributed to end users

CONSUMERS in this Commonwealth, in bulk or packages that are one

pound or greater, shall include a statement in legible and

conspicuous form that at a minimum sets forth the following

requirements:

(1) The product may not be applied near water, storm

drains or drainage ditches.

(2) The product may not be applied if heavy rain is

expected.

(3) The product may only be applied to the intended

application site.

(4) Material that lands on an impervious surface must be

swept back onto the turf. This requirement shall not apply if

the product is applied in a liquid form.

(h) Nonturf fertilizer.--Subject to subsections (i) and (k),

fertilizer that is not labeled for turf, in bulk or packages

A05252 - 34 -

that are 40 pounds or greater, that is distributed to end users

CONSUMERS in this Commonwealth, shall include a statement in

legible and conspicuous form that at a minimum sets forth the

following requirements:

(1) The product may not be applied near water, storm

drains or drainage ditches or to any impervious surface.

(2) The product may not be applied if heavy rain is

expected.

(3) The product may only be applied to the intended

application site.

(i) Fertilizers containing pesticides.--In lieu of the

statements required under subsections (g) and (h), the label for

fertilizer products containing pesticides shall contain the

environmental hazard statement recommended by the Environmental

Protection Agency for that product.

(j) Minimum font size.--Statements required under

subsections (g) and (h) shall be printed in a legible and

conspicuous manner and may not be smaller than the height of the

font used for the directions for use on the product labeling.

(k) Exemption.--The requirements of subsections (g), (h) and

(j) shall not apply to fertilizer labeled for aquatic settings,

growing media, indoor use or potted plants.

(l) Prohibition.--The label OR LABELING for fertilizer or

nitrogen-based material shall not be labeled for the purposes

SHALL NOT INCLUDE THE PURPOSE of melting snow or ice, unless the

product is distributed to an airport to be used on aircraft or

areas an aircraft accesses.

(m) Other label information.--The department may, by

regulation, require additional information to be present on the

label or labeling of fertilizers.

A05252 - 35 -

§ 6815 6806 . Inspection fees.

(a) Amounts.-- The guarantor whose name appears on the label

of a fertilizer distributed in this Commonwealth shall pay

semiannually and not later than January 31 and July 31 of each

year an inspection fee at the rate of 17¢ per ton of fertilizer

distributed in this Commonwealth or a fee established in the

manner provided under section 6886 (relating to fees, fines and

civil penalties) . In no case shall the inspection fee paid

semiannually amount to less than $25 . or a fee established in

the manner provided under section 6886.

(b) Adjustment of fees by department.--

(1) Notwithstanding subsection (a), following notice to

registrants and licensees, if the department determines that

the money derived from the registration and inspection fees

are either greater or less than that required to administer

this chapter, the department may reduce or increase the

registration or inspection fee, or both, so as to maintain

revenues sufficient to administer this chapter.

(2) An inspection fee established under this subsection

may not be changed by more than 5¢ in one year.

(3) The department shall announce the adjustment of fees

by transmitting notice to the Legislative Reference Bureau

for publication in the Pennsylvania Bulletin. The adjusted

fees shall take effect 60 days after publication of the

notice in the Pennsylvania Bulletin.

§ 6816 6807 . Tonnage reports.

(a) Requirements.--The guarantor whose name appears on a

label shall submit, along with the requisite inspection fee, a

report in a manner prescribed by the department listing by

county the intended use and net tons of each brand and grade of

A05252 - 36 -

fertilizer distributed in this Commonwealth for the period

covered by the inspection fee. The department may promulgate

regulations to establish additional tonnage reporting

requirements.

(b) Multiple guarantors.--When more than one guarantor is

involved in the distribution of fertilizer, the guarantor who

distributed the fertilizer last shall report the tonnage and pay

the inspection fee, unless the report and payment have been made

by a prior distributor.

inspection fee, whichever is greater , or a fee established in

the manner provided under section 6886 (relating to fees, fines

and civil penalties) , shall be imposed for a fee or report not

submitted at the required time.

(d) Examination permitted.--

(1) The department or its authorized representative may

examine the records of the guarantor to verify the

information contained in the reports filed with the

department.

(2) Reports containing fraudulent or incorrect

information shall be considered a violation of this chapter

for which the department may assess a penalty as provided for

in this chapter.

(e) Confidentiality of information.--

(1) Notwithstanding the act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law, or its successor

statute, no proprietary information furnished to the

department under this section shall be disclosed in a way as

to knowingly or intentionally divulge a trade secret of a

person subject to the provisions of this chapter.

A05252 - 37 -

(2) This subsection shall not apply to information

furnished to a court or administrative tribunal in accordance

with law.

§ 6817 6808 . Plant food NUTRIENT deficiency.

(a) Penalties.--The following penalties shall be assessed

for deficiencies from the guaranteed analysis:

(1) A penalty payment of five times the commercial value

of each deficiency shall be assessed when the analysis shows

that a fertilizer is deficient if:

(i) one or more of its guaranteed primary plant

nutrients is beyond a tolerance of 10% (two unit

maximum); or

(ii) the overall index value of the primary

nutrients in the fertilizer is below 97.

(2) When a fertilizer is subject to a penalty payment

under paragraph (1)(i) and (ii), the larger penalty payment

shall apply. Any penalty assessed shall not exceed the retail

price of the lot of fertilizer represented by the official

sample.

(3) Deficiencies beyond the tolerance as established by

regulation in a component other than a primary nutrient shall

be evaluated by the department and shall be subject to a

penalty under this chapter.

(b) Payment of penalties.--Within 90 days following receipt

of the official report of analysis, the guarantor shall pay to

the consumer a deficiency penalty in the amount prescribed on

the report of analysis. Receipts of payment shall be promptly

forwarded by the guarantor to the department. If the consumer

cannot be found, the penalties shall be paid to the department.

A05252 - 38 -

official sample of fertilizer resulting from nonuniformity shall

not be deemed distinguishable from a deficiency due to actual

plant nutrient shortage and shall be deemed a violation of this

chapter for which the department may assess a penalty as

provided for in this chapter.

§ 6818 6809 . Commercial value.

For the purpose of determining the commercial value to be

applied under section 6817 6808 (relating to plant food NUTRIENT

deficiency), the department shall determine and publish annually

a notice transmitted to the Legislative Reference Bureau for

publication in the Pennsylvania Bulletin stating the values per

pound of total nitrogen, available phosphate and soluble potash

in fertilizers in this Commonwealth. The values published in the

Pennsylvania Bulletin shall take effect July 1 of each year and

be used in determining and assessing penalty payments.

§ 6819 6810 . Misbranding.

No person may distribute a FERTILIZER THAT IS misbranded

fertilizer . A fertilizer shall be deemed to be misbranded if any

of the following apply:

(1) Its labeling is false or misleading in any

particular .

(2) It is distributed under the name of another

fertilizer product .

(3) It is not labeled as required in section 6814 6805

(relating to labels and labeling) and in accordance with

regulations prescribed under this chapter.

(4) It purports to be or is represented as a fertilizer

or is represented as containing a plant nutrient or

fertilizer, unless such plant nutrient or fertilizer conforms

to the definition of identity, if any, prescribed by

A05252 - 39 -

regulation.

(5) The label or labeling are in conflict with section

6852 6813 (relating to application of fertilizer to turf).

§ 6820 6811 . Adulteration.

(A) PROHIBITION.-- No person may distribute an adulterated

fertilizer product A FERTILIZER THAT IS ADULTERATED . A

fertilizer shall be deemed to be adulterated if any of the

following apply:

(1) It contains a deleterious or harmful substance in

sufficient ANY amount to render it injurious to beneficial

plant life, animals, humans, aquatic life, soil or water when

applied in accordance with its intended use or directions for

use on the label.

(2) Adequate warning statements or directions for use

that may be necessary to protect plant life, animals, humans,

aquatic life, soil or water are not shown on the label.

(3) Its composition falls below or differs from that

which it is purported to possess by its labeling.

(4) It contains viable weed seed or unwanted crop seed

in amounts exceeding the limit that the department

establishes by regulation.

(B) EXCEPTION.--A FERTILIZER SHALL NOT BE CONSIDERED

ADULTERATED UNDER THIS SECTION IF THE QUANTITY OF THE SUBSTANCE

IN THE FERTILIZER DOES NOT ORDINARILY RENDER IT INJURIOUS.

SUBCHAPTER C

APPLICATOR LICENSING AND CERTIFICATION

Sec.

6831. Licensing of fertilizer application businesses.

6831.1. LICENSING OF GOVERNMENTAL OR PUBLIC ENTITIES.

6832. Certification of applicators.

A05252 - 40 -

6833. Recertification of applicators.

6834. Reciprocal agreement. LICENSING AND CERTIFICATION OF OUT-

OF-STATE ENTITIES.

6835. Training of fertilizer technicians.

6836. Process.

§ 6831. Licensing of fertilizer application businesses.

(a) Requirements.--

(1) A fertilizer application business must be licensed

prior to applying fertilizer and shall comply with the

provisions of this chapter and any regulation or order of the

department. A FERTILIZER APPLICATION BUSINESS SHALL BE

LICENSED AND MAY NOT OPERATE OR APPLY FERTILIZER WITHOUT

FIRST OBTAINING A FERTILIZER APPLICATION LICENSE FROM THE

DEPARTMENT.

(2) A fertilizer application business with more than one

location or place of business or operating under more than

one name in this Commonwealth shall license each location ,

place of business and business entity.

(3) For a governmental or public entity, each district

or region shall be considered a separate business and shall

require a separate license.

(b) Operation, application and expiration.--

(1) A fertilizer application business may not be

operated without first obtaining a fertilizer application

business license.

(2) (3) The application for licensure shall be on a form

furnished by the department and shall be accompanied by a

$100 application fee . or a fee later established in the

manner under section 6886 (relating to fees, fines and civil

penalties).

A05252 - 41 -

(3) All business licenses (4) A FERTILIZER APPLICATION

LICENSE shall expire on December 31 each year, except that

the department may issue a license for the following year

when an initial license application is filed during the last

two months of a licensing year.

(5) A FERTILIZER APPLICATION BUSINESS LICENSE RENEWAL

SHALL BE SUBMITTED IN A MANNER PRESCRIBED BY THE DEPARTMENT

AND ACCOMPANIED BY A FEE OF $100.

business shall employ at all times and at each licensed business

LOCATION at least one person who holds a current valid

commercial applicator or public applicator certification. This

person shall CERTIFIED APPLICATOR, WHO SHALL ALSO be responsible

for training fertilizer technicians on the proper handling and

application of fertilizer.

(d) (C) Fertilizer technicians.--A fertilizer application

business shall ensure fertilizer technicians do not apply

fertilizer unless the persons have NOT PERMIT A FERTILIZER

TECHNICIAN TO APPLY FERTILIZER UNTIL THE FERTILIZER TECHNICIAN

HAS SUCCESSFULLY completed a training program as described by

UNDER section 6835 (relating to training of fertilizer

technicians).

(e) (D) Record.--A fertilizer application business shall

maintain a record and provide to the department, upon request,

the following:

(1) A list of all certified applicators employed by the

business THE BUSINESS EMPLOYS .

(2) A list of all fertilizer technicians employed by the

business THE BUSINESS EMPLOYS and an attestation that each

has SUCCESSFULLY completed a training program meeting the

A05252 - 42 -

requirements of section 6835. The attestation shall be

subject to the penalties for a violation of 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities).

(3) A RECORD OF EACH APPLICATION OF FERTILIZER MADE BY A

CERTIFIED APPLICATOR OR FERTILIZER TECHNICIAN THE BUSINESS

EMPLOYS.

(f) (E) Notification.--A licensed fertilizer application

business shall notify the department in writing within 15 days

of a change in its license information, including the employment

status of its certified applicators and fertilizer technicians.

(g) (F) License number display.--A fertilizer application

business shall prominently display on every vehicle involved in

the fertilizer application phase of its business the license

number assigned by the department. The number shall appear in

figures at least three inches high and be located on both sides

of the vehicle at a readily visible location in a contrasting

color.

(h) (G) Aerial application.--If a fertilizer application

business or an applicator of fertilizer engages in aerial

applications OF FERTILIZER , the applicant FERTILIZER APPLICATION

BUSINESS shall, upon request by the department, provide proof of

compliance with the Federal Aviation Administration regulations

as described in 14 CFR Pt. 137 (relating to agricultural

aircraft operations) or its successor regulations.

§ 6831.1. LICENSING OF GOVERNMENTAL OR PUBLIC ENTITIES.

(A) REQUIREMENTS.--

(1) A GOVERNMENTAL OR PUBLIC ENTITY THAT DOES NOT USE

THE SERVICES OF A FERTILIZER APPLICATION BUSINESS MAY NOT

ENGAGE IN THE APPLICATION OF FERTILIZER WITHOUT FIRST

OBTAINING A FERTILIZER APPLICATION LICENSE FROM THE

A05252 - 43 -

DEPARTMENT.

(2) EACH SCHOOL DISTRICT AND EACH DISTRICT OR REGION OF

A GOVERNMENTAL OR PUBLIC ENTITY SHALL BE CONSIDERED A

SEPARATE LOCATION AND SHALL REQUIRE A SEPARATE LICENSE.

(3) THE APPLICATION FOR LICENSURE SHALL BE ON A FORM

FURNISHED BY THE DEPARTMENT AND SHALL BE ACCOMPANIED BY A FEE

OF $100.

(4) A GOVERNMENTAL OR PUBLIC ENTITY LICENSE SHALL EXPIRE

ON DECEMBER 31 EVERY THREE YEARS FOLLOWING THE INITIAL

LICENSE YEAR.

(5) A LICENSE RENEWAL FOR A GOVERNMENTAL OR PUBLIC

ENTITY SHALL BE SUBMITTED IN A MANNER PRESCRIBED BY THE

DEPARTMENT AND SHALL BE ACCOMPANIED BY A FEE OF $100.

(B) EMPLOYER REQUIREMENT.--A GOVERNMENTAL OR PUBLIC ENTITY

SHALL EITHER:

(1) EMPLOY AT LEAST ONE PUBLIC APPLICATOR, WHO SHALL BE

RESPONSIBLE FOR APPLYING FERTILIZER TO PROPERTY OR PREMISES

BELONGING TO OR UNDER THE MANAGEMENT OF THE GOVERNMENTAL OR

PUBLIC ENTITY AND FOR TRAINING FERTILIZER TECHNICIANS ON THE

PROPER HANDLING AND APPLICATION OF FERTILIZER; OR

(2) USE A LICENSED FERTILIZER APPLICATION BUSINESS FOR

ALL APPLICATIONS OF FERTILIZER.

SHALL NOT PERMIT A FERTILIZER TECHNICIAN EMPLOYED BY THE ENTITY

TO APPLY FERTILIZER TO TURF UNTIL THE FERTILIZER TECHNICIAN HAS

SUCCESSFULLY COMPLETED A TRAINING PROGRAM UNDER SECTION 6835

(RELATING TO TRAINING OF FERTILIZER TECHNICIANS).

(D) RECORD.--A GOVERNMENTAL OR PUBLIC ENTITY SHALL MAINTAIN

A RECORD AND PROVIDE TO THE DEPARTMENT, UPON REQUEST, THE

FOLLOWING:

A05252 - 44 -

(1) A LIST OF EACH PUBLIC APPLICATOR THE GOVERNMENTAL OR

PUBLIC ENTITY EMPLOYS.

(2) A LIST OF EACH FERTILIZER TECHNICIAN THE

GOVERNMENTAL OR PUBLIC ENTITY EMPLOYS AND AN ATTESTATION THAT

EACH HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM MEETING

THE REQUIREMENTS OF SECTION 6835. THE ATTESTATION SHALL BE

SUBJECT TO THE PENALTIES FOR A VIOLATION OF 18 PA.C.S. § 4904

(RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES).

(3) A RECORD OF EACH APPLICATION OF FERTILIZER MADE BY A

CERTIFIED APPLICATOR OR FERTILIZER TECHNICIAN THE

GOVERNMENTAL OR PUBLIC ENTITY EMPLOYS.

(4) THE NAME AND LICENSE NUMBER OF A FERTILIZER

APPLICATION BUSINESS USED TO APPLY FERTILIZER.

(E) AERIAL APPLICATION.--IF A GOVERNMENTAL OR PUBLIC ENTITY

ENGAGES IN AERIAL APPLICATIONS OF FERTILIZER, THE GOVERNMENTAL

OR PUBLIC ENTITY SHALL, UPON REQUEST BY THE DEPARTMENT, PROVIDE

PROOF OF COMPLIANCE WITH THE FEDERAL AVIATION ADMINISTRATION

REGULATIONS AS DESCRIBED IN 14 CFR PT. 137 (RELATING TO

AGRICULTURAL AIRCRAFT OPERATIONS) OR ITS SUCCESSOR REGULATIONS.

§ 6832. Certification of applicators.

(a) Certification examination.--

(1) Any person required to be certified under this

chapter must take and pass a written examination developed or

approved by the department and administered by the department

or an agent of the department. AN INDIVIDUAL SEEKING TO

BECOME A CERTIFIED APPLICATOR SHALL TAKE AND PASS A WRITTEN

EXAMINATION DEVELOPED OR APPROVED BY THE DEPARTMENT AND

ADMINISTERED IN ENGLISH AND SPANISH UNDER THE SUPERVISION OF

THE DEPARTMENT OR ITS DESIGNATED AGENT AT A TEST SITE

APPROVED BY THE DEPARTMENT. The department may also establish

A05252 - 45 -

field testing requirements. All tests and examinations shall

be subject to examination fees established by the department.

Any person seeking certification shall demonstrate minimum

standard proficiency on the basis of a written examination

conducted at an approved test site under direction of the

department or its designated agent. ANY STUDY MATERIALS

PROVIDED FOR THE EXAMINATION SHALL BE PUBLISHED IN ENGLISH

AND SPANISH.

(2) Each applicant for certification shall demonstrate

knowledge and competence OF FERTILIZER APPLICATION as to:

(i) Safety and health.

(ii) Labeling and label comprehension.

(iii) Environmental protection.

(iv) Equipment use, calibration and dosage

calculations.

(v) Personal protective equipment.

(vi) Cleaning and maintaining equipment.

(vii) Transportation, storage, security and

disposal.

(viii) Applicable Federal and State laws.

(ix) Any subject matter deemed appropriate by the

department through regulation.

(3) The department shall require a minimum examination

fee of $10 or a fee established in the manner specified under

section 6886 (relating to fees, fines and civil penalties) .

(b) Commercial and public applicators.--

(1) A commercial or public applicator certification

shall not be valid until the applicator is associated with a

fertilizer application business that is licensed according to

the requirements of section 6831 (relating to licensing of

A05252 - 46 -

fertilizer application businesses).

(2) If a commercial or public applicator separates

employment from a fertilizer application business, the

eligibility for certification shall remain with the

applicator and may be transferred to another fertilizer

application business.

(3) A PUBLIC APPLICATOR CERTIFICATION SHALL NOT BE VALID

UNTIL THE APPLICATOR IS ASSOCIATED WITH A GOVERNMENTAL OR

PUBLIC ENTITY THAT IS LICENSED ACCORDING TO THE REQUIREMENTS

OF SECTION 6831.1 (RELATING TO LICENSING OF GOVERNMENTAL OR

PUBLIC ENTITIES).

(4) IF A PUBLIC APPLICATOR SEPARATES EMPLOYMENT FROM A

GOVERNMENTAL OR PUBLIC ENTITY, THE ELIGIBILITY FOR

CERTIFICATION SHALL REMAIN WITH THE APPLICATOR AND MAY BE

TRANSFERRED TO ANOTHER GOVERNMENTAL OR PUBLIC ENTITY OR A

LICENSED FERTILIZER APPLICATION BUSINESS.

issued to a person AN INDIVIDUAL upon:

(1) successful completion of all classroom, examination,

testing and any other certification requirements established

by this chapter; and

(2) payment of all fees. ACTIVATION UNDER SUBSECTION

(D).

(d) Activation.--

(1) Upon receiving notice of passing all certification

requirements, the applicant shall, within 12 months of

becoming eligible to be certified as a commercial or public

applicator, file with the department a request to activate

certification.

(2) A person who fails to request activation within this

A05252 - 47 -

12-month period shall lose certification eligibility and must

again establish eligibility in accordance with this section.

(e) Expiration.--Certification shall expire as follows:

(1) Commercial applicator certification shall expire on

September 30 of each year following the date of

certification.

(2) Public applicator certification shall expire on

September 30 every three years following the date of

certification.

(3) With regard to an initial application for

certification, the department may issue a certificate for an

additional year when a person AN INDIVIDUAL becomes fully

certified within the last two months of the certification

year.

(f) Existing applicator certifications.--

(1) A person AN INDIVIDUAL who holds a valid pesticide

applicator certification in the following categories under 7

Pa. Code § 128.42 (relating to categories of commercial and

public applicators) AS LISTED IN SUBPARAGRAPHS (I), (II),

(III), (IV), (V), (VI), (VII), (VIII), (IX), (X) AND (XI) on

the effective date of this section shall be granted

certification as a certified fertilizer applicator under this

chapter and shall comply with all other requirements of this

chapter:

(i) Category 1, Agronomic crops.

(ii) Category 2, Fruits and nuts.

(iii) Category 3, Vegetable crops.

(iv) Category 5, Forest pest control.

(v) Category 6, Ornamental and shade trees.

(vi) Category 7, Lawn and turf.

A05252 - 48 -

(vii) Category 10, Right-of-way and weeds.

(viii) Category 18, Demonstration and research pest

control.

(ix) Category 22, Interior plantscape.

(x) Category 23, Park or school pest control.

(xi) Category 25, Aerial applicator.

(2) The certification under this subsection shall be

valid until each person's INDIVIDUAL'S pesticide core

recertification APPLICATOR CERTIFICATION RENEWAL is due, at

which time the person INDIVIDUAL shall be required to meet

all OF the recertification requirements as required by this

chapter , AN ORDER ISSUED UNDER THE AUTHORITY OF THIS CHAPTER

or regulations promulgated under this chapter.

(g) Renewal.--A certified applicator, in good standing and

IN full compliance with the provisions of this chapter,

regulations promulgated under this chapter and any order issued

under the authority of this chapter, may renew certification by

submitting a renewal application on a form provided by the

department. The renewal shall be filed with the department by

September 30 of the year the certification expires.

(h) Failure to renew.-- A person AN INDIVIDUAL who fails to

timely renew the person's certification shall, after 12 months

of expiration, be required to establish certification in

accordance with the full certification provisions of this

chapter.

§ 6833. Recertification of applicators.

(a) Continuing education.--At intervals of three years, a

certified applicator shall provide evidence of having received

continuing education credits in practices relating to fertilizer

applications. Recertification training shall be in the same

A05252 - 49 -

field as required for initial certification under section

6832(a)(2) (relating to certification of applicators).

(b) Credits.--Continuing education credits shall be given

GRANTED on the basis of attendance at courses or other

appropriate training approved by the department. At a minimum,

certified applicators A CERTIFIED APPLICATOR shall obtain four

credits every three years or the total amount of credits

established by notice published in the Pennsylvania Bulletin.

following:

(1) Training shall be conducted or sponsored by the

department or a department-approved institution, association,

business entity or governmental agency. The department-

approved trainer shall submit course materials for approval

by the department and shall establish that courses will be

conducted by a person or persons who are certified

applicators AN INDIVIDUAL WHO IS A CERTIFIED APPLICATOR in

good standing under this chapter and with at least three

years' experience as a certified fertilizer applicator or by

a department-approved entity with other documented

qualifications to serve as a trainer, such as an appropriate

educational background.

(2) AN ENTITY WISHING TO CONDUCT OR SPONSOR CONTINUING

EDUCATION TRAINING MUST SUBMIT A WRITTEN REQUEST FOR COURSE

AND TRAINER APPROVAL TO THE DEPARTMENT'S REGIONAL OFFICE FOR

THE REGION IN WHICH THE TRAINING WILL BE HELD. A REQUEST TO

APPROVE OUT-OF-STATE TRAINING MUST BE SUBMITTED TO THE

DEPARTMENT'S HEADQUARTERS. THE REQUEST SHALL INCLUDE EVIDENCE

OF COMPLIANCE WITH THE STANDARDS ESTABLISHED BY PARAGRAPH

(1).

A05252 - 50 -

(2) (3) Training shall be approved for continuing

education credits at the rate of one credit per 30 minutes or

as later established by regulation of applicable instruction,

OR A RATE AS LATER ESTABLISHED BY REGULATIONS PROMULGATED

UNDER THIS CHAPTER, exclusive of coffee breaks, lunches,

visits to exhibits and other similar activities.

(3) An approved entity wishing to conduct or sponsor

continuing education training must submit a written request

for course and trainer approval to the department's regional

office for the region in which the training will be held. A

request to approve out-of-State training must be submitted to

the department's headquarters. The request shall include

evidence of compliance with the standards established by

paragraph (1).

(d) Information request.--A request for training approval

shall be submitted on an application form supplied by the

department. The department shall return an incomplete

application to the applicant without approval.

(e) Assignment of credits.--Credits shall be assigned to

each training course based upon the subjects covered and the

amount of time expended on each subject.

(f) Training course sponsors.-- The A training course sponsor

shall authenticate attendance and compile an approved A list of

Pennsylvania certified applicators in attendance. The list shall

be returned to the department within 10 working days following

the meeting date and shall include the name of each individual

attending and the individual's applicator certification number.

(g) Monitoring of training.--The department may monitor

recertification training to verify the accuracy the accuracy of

the course approval and attendance of participants.

A05252 - 51 -

(h) Modification of credits.--Credits assigned may be

modified if the content, approved trainer or time of the actual

training course differs from the original training course

approved by the department.

(i) Violation.--

(1) Falsification by a department-approved course

trainer or sponsor of information required under this section

shall be considered a violation of this chapter.

(2) A person may not falsify attendance or that of

another person's attendance at a continuing education

meeting.

(3) Falsification of attendance at a continuing

education course by a person shall be considered a violation

of this chapter.

(j) Failure to obtain required credits.--If a person AN

INDIVIDUAL does not obtain the required number of

recertification credits in the triennial year in which

continuing education credits are due, the person's INDIVIDUAL'S

certification shall be invalid and the person INDIVIDUAL shall

cease and desist from all fertilizer application and, in order

to renew recertification, the person must complete delinquent

continuing education credits as established under this section.

AND TRAINING OF FERTILIZER TECHNICIANS UNTIL THE REQUIRED NUMBER

OF CREDITS HAS BEEN OBTAINED.

(k) Failure to complete delinquent credits.--If a person AN

INDIVIDUAL fails to complete delinquent THE REQUIRED NUMBER OF

continuing education credits within one year from the triennial

expiration date THE CREDITS ARE DUE or fails to renew the

certification for any reason during that time period, the person

shall cease and desist from all fertilizer application and shall

A05252 - 52 -

INDIVIDUAL SHALL COMPLY WITH THE PROHIBITIONS UNDER SUBSECTION

(J) AND SHALL be required to reestablish eligibility FOR

CERTIFICATION by meeting the requirements in section 6832.

§ 6834. Reciprocal agreement.

The department may issue a license or certification on a

reciprocal basis with another state without examination to a

nonresident who is licensed or certified in the other state if

the other state administers a fertilizer licensing or

certification course substantially in accordance with the

provisions of this chapter.

§ 6834. LICENSING AND CERTIFICATION OF OUT-OF-STATE ENTITIES.

(A) OUT-OF-STATE FERTILIZER APPLICATION BUSINESS.--AN OUT-

OF-STATE FERTILIZER APPLICATION BUSINESS THAT APPLIES FERTILIZER

IN THIS COMMONWEALTH SHALL, BEFORE APPLYING FERTILIZER, OBTAIN A

FERTILIZER APPLICATION LICENSE IN ACCORDANCE WITH THIS CHAPTER

AND COMPLY WITH ALL OTHER APPLICABLE PROVISIONS OF THIS CHAPTER.

(B) OUT-OF-STATE CERTIFIED APPLICATOR.--THE DEPARTMENT MAY

ISSUE A CERTIFICATION TO AN OUT-OF-STATE INDIVIDUAL WITHOUT

EXAMINATION WHERE ALL THE FOLLOWING STANDARDS ARE MET:

(1) THERE IS RECIPROCITY WITH THE STATE IN WHICH THE

INDIVIDUAL RESIDES.

(2) THE STATE IN WHICH THE INDIVIDUAL RESIDES SHALL HAVE

A FERTILIZER APPLICATION CERTIFICATION PROGRAM THAT PROVIDES

FOR TESTING AND CERTIFICATION STANDARDS THAT ARE AT LEAST AS

STRINGENT AS THOSE ESTABLISHED IN THIS CHAPTER.

(3) THE INDIVIDUAL APPLYING FOR CERTIFICATION IS

CERTIFIED AND IN GOOD STANDING WITH THE CERTIFICATION AND

PROGRAM REQUIREMENTS OF THE STATE IN WHICH THE INDIVIDUAL

RESIDES.

(4) ONCE CERTIFICATION IS GRANTED BY THE DEPARTMENT, THE

A05252 - 53 -

INDIVIDUAL SHALL MEET ALL THE RECERTIFICATION, APPLICATION

AND OTHER STANDARDS ESTABLISHED IN THIS CHAPTER.

§ 6835. Training of fertilizer technicians.

(a) Prohibition.-- Fertilizer technicians working for a

fertilizer application business A FERTILIZER TECHNICIAN may not

apply fertilizer without completing a training program, as

required by the provisions of this chapter, an order of the

department or the department's regulations ISSUED UNDER THE

AUTHORITY OF THIS CHAPTER OR REGULATIONS PROMULGATED UNDER THIS

CHAPTER .

(b) Requirements.--A fertilizer technician shall be an

employee of the business and trained by a certified applicator

who is an employee of the same business UNDER SUBSECTION (D) .

shall not be transferrable between businesses. FERTILIZER

APPLICATION BUSINESSES OR GOVERNMENTAL OR PUBLIC ENTITIES.

(d) Program administration.--The training program for a

fertilizer technician shall be administered by a certified

applicator, employed by the fertilizer application business OR

GOVERNMENTAL OR PUBLIC ENTITY employing the fertilizer

technician, in subject matter involving the assigned tasks of

the fertilizer technician. The training program shall include,

but not be limited to:

(1) Proper use of fertilizers and use of application

equipment, including calibration and maintenance equipment

used on the job.

(2) Protective clothing required during the application

and handling of fertilizers.

(3) Transportation and disposal of fertilizers used in

and around the workplace.

A05252 - 54 -

(4) Applicable Federal and State regulations as they

affect work assignments.

(5) Competence in reading and following label and

application requirements.

(e) Noncertified employees.--When there are noncertified

employees engaged in the application of fertilizer, they shall

be trained in accordance with subsection (d) or work under the

supervision of a certified applicator who is physically present

on the job site.

(f) Training and supervision prohibition.--A fertilizer

technician may not train applicators INDIVIDUALS or supervise

the use or application of fertilizers by other fertilizer

technicians or noncertified employees NOT CERTIFIED TO APPLY

FERTILIZER .

(g) Record.--At the completion of training, the certified

applicator conducting the training shall complete a record of

training. Training records shall be maintained by the firm for

one year following separation of the fertilizer technician's

employment and at a minimum, shall include:

(1) The name and certification number of the trainer.

(2) The name of fertilizer technician trained.

(3) The date of training.

(4) The areas of training.

(5) The business name and address of the fertilizer

application business employing the fertilizer technician.

(6) Any other requirements as established by the

department through order or regulation. AN ORDER ISSUED UNDER

THE AUTHORITY OF THIS CHAPTER OR REGULATIONS PROMULGATED

UNDER THIS CHAPTER.

§ 6836. Process.

A05252 - 55 -

The department shall, to the extent legally and fiscally

possible, attempt to streamline the testing and educational

aspects of fertilizer and pesticide applicator certification and

recertification process to ensure availability at the same time

and location.

SUBCHAPTER D

RECORDKEEPING

Sec.

6841. Records.

§ 6841. Records.

(a) Condition.--A person required to be licensed , certified

or permitted OR CERTIFIED and a person issued a license ,

certificate or permit OR CERTIFICATE under the provisions of

this chapter shall keep accurate records of the information

specified in this section and such relevant information as the

department may deem necessary through order ISSUED UNDER THE

AUTHORITY OF THIS CHAPTER or by regulation PROMULGATED UNDER

THIS CHAPTER . The person shall make the records available to the

department upon request.

(b) Fertilizer application.-- Applicators AN INDIVIDUAL

required to be certified under section 6832 (relating to

certification of applicators) and A fertilizer technicians

trained under section 6835 (relating to training of fertilizer

technicians) TECHNICIAN shall keep for every application of

fertilizer a record containing the following information:

(1) The name and address of the customer and the address

and location of the application site, if different from the

address of the customer. ADDRESS OF THE LOCATION WHERE

FERTILIZER IS APPLIED AND THE NAME AND ADDRESS OF THE PERSON

ASSOCIATED WITH THE LOCATION, IF DIFFERENT THAN THE

A05252 - 56 -

APPLICATION SITE.

(2) A record of the date of each fertilizer application.

For continuous applications, such as hydroponics or drip

lines, the record shall include start and finish dates and

the total amount of fertilizer products used during that time

period. Each addition of a fertilizer to the system shall be

entered in the record.

(3) The weather conditions, including approximate

temperature.

(4) The brand name and grade of the fertilizer used.

(5) The dosage or rate of application of every

fertilizer used.

(6) The total amount of fertilizer used in pounds,

ounces, gallons or liters applied to a treated area.

(7) Identification of the application site, including

the specific field or land area and the crop.

(8) The total area treated in acres, square feet or

other applicable units of measure.

(9) The name and certification number of each person

involved with the application CERTIFIED APPLICATOR and the

name of each fertilizer technician and noncertified employee

involved in the application.

(10) Additional information as the department may

require through order or A regulation PROMULGATED UNDER THIS

CHAPTER .

record INCLUSIVE OF THE INFORMATION UNDER SUBSECTION (B) shall

be completed in written or printable form no later than 24 hours

after the application date and made immediately available to the

FERTILIZER APPLICATION BUSINESS OR GOVERNMENTAL OR PUBLIC ENTITY

A05252 - 57 -

AS REQUIRED BY SECTIONS 6831(D) (RELATING TO LICENSING OF

FERTILIZER APPLICATION BUSINESSES) AND 6831.1(D) (RELATING TO

LICENSING OF GOVERNMENTAL OR PUBLIC ENTITIES), AND TO THE

department upon request.

(d) Maintenance requirements.--A record required under this

section shall be maintained BY THE FERTILIZER APPLICATION

BUSINESS OR GOVERNMENTAL OR PUBLIC ENTITY for at least three

years.

(e) Annual report.--All businesses PERSONS required to be

licensed under section 6831 (relating to licensing of fertilizer

application businesses) SECTIONS 6831 AND 6831.1 shall submit TO

THE DEPARTMENT an annual report in a manner prescribed by the

department listing, by county and use WITHIN EACH COUNTY ,

aggregated data compiled from the records required under

subsection (b). At a minimum, aggregated data shall contain:

(1) The total acreage to which fertilizer was applied.

(2) The total amount of nitrogen, available phosphate

and soluble potash applied.

(3) Any other aggregated data, within the scope of this

chapter, the department may determine is necessary.

SUBCHAPTER E

APPLICATION RATES, REQUIREMENTS AND PROHIBITIONS

Sec.

6851. Application of fertilizer.

6852. Application of fertilizer to turf.

6853. Prohibited acts.

§ 6851 6812 . Application of fertilizer.

(a) Restrictions.--

(1) No person may apply nonaquatic fertilizer within 15

feet of the top of a bank of a lake, pond, wetlands or

A05252 - 58 -

flowing body of water, such as a stream, river or creek,

except that fertilizer may be applied to the top of the bank

of the waterways if applied using a drop spreader, rotary

spreader with deflector, targeted spray liquid or other

available targeted application technology when establishing

and maintaining a stream buffer zone.

(2) The establishment of setbacks for fertilizer

application under this subsection shall not be construed to

preclude the establishment or applicability of or required

compliance with any other environmental standard established

under other Federal or State law, rule or regulation.

(b) Regulation.--The department may establish additional

restrictions through regulation.

construed to prohibit the lawful use of fertilizer in blasting

as regulated by the Department of Environmental Protection.

§ 6852 6813 . Application of fertilizer to turf.

(a) Application rates.--Except as provided in subsections

(1) Shall not exceed 0.7 pounds of readily available

nitrogen per 1,000 square feet per application.

(2) Shall not exceed 0.9 pounds of total nitrogen per

1,000 square feet per application except, when labeled as an

enhanced-efficiency nitrogen fertilizer, the amount of

nitrogen released at any given time shall not exceed 0.7

pounds of nitrogen per 1,000 square feet.

(3) Shall contain zero phosphorus, except when

specifically labeled for the following purposes:

(i) establishing vegetation for the first time;

(ii) reestablishing or repairing a turf area; or

A05252 - 59 -

(iii) as an enhanced-efficiency phosphorus

fertilizer, natural organic fertilizer or organic-based

fertilizer, if the application rate does not exceed 0.25

pounds of phosphorus per 1,000 square feet per

application, with a maximum total annual application of

0.5 pounds of phosphorus per 1,000 square feet.

(b) Restrictions.--No person may:

(1) Apply turf fertilizer LABELED FOR USE ON TURF to an

impervious surface. Turf fertilizer FERTILIZER LABELED FOR

USE ON TURF that is inadvertently applied to an impervious

surface shall be removed from the impervious surface

immediately following the application.

(2) Apply fertilizer containing nitrogen or phosphorus

to turf at any time when the ground is frozen to a depth of

at least two inches or snow covered.

(3) Except as provided in paragraph (4), apply

fertilizer containing nitrogen or phosphorus to turf after

December 15 and before March 1 or dates as established in

regulations promulgated by the department.

(4) Fertilizer containing no more than 0.5 pounds of

total nitrogen per 1,000 square feet, or at a rate

established in regulations promulgated by the department, may

be applied by a certified applicator or fertilizer technician

to turf after December 15 and before March 1 or dates as

established in regulations promulgated by the department.

(1) The department may establish use and application

rates for fertilizer that is applied to turf.

(2) The current rates or source of established

fertilizer use and application rates shall be published at

A05252 - 60 -

least once every two years by the department transmitting a

notice to the Legislative Reference Bureau for publication in

the Pennsylvania Bulletin.

(3) New application rates or changes to established

fertilizer use and application rates shall:

(i) Be based on appropriately peer-reviewed

scientific research representing conditions of this

Commonwealth and recommended by The Pennsylvania State

University or other institution of higher education in

this Commonwealth.

(ii) Be as protective or more protective of water

quality as those rates specified in subsection (a).

(iii) Be published as a notice of public comment in

the Pennsylvania Bulletin and allow for a 30-day public

comment period. The department shall respond to all

comments received and make a copy of the comments

publicly available. The new rates or changes shall be

published as final rates in the Pennsylvania Bulletin and

take effect upon publication.

(d) Application based on soil test and site-specific plan.--

An applicator A CERTIFIED APPLICATOR, FERTILIZER TECHNICIAN OR

OTHER PERSON shall not be required to follow application rates

established under subsection (a) or (c) if a site-specific plan

is used based on all the following:

(1) A soil test was conducted within the previous three

years and in accordance with procedures recommended by the

THE Pennsylvania State University.

(2) Current soil, plant species, climate, use,

topography or other appropriate management factors.

(3) Rates recommended by The Pennsylvania State

A05252 - 61 -

University or other institution of higher education in this

Commonwealth recognized APPROVED by the department.

(e) Certified applicators or fertilizer technicians.--In

addition to the requirements of section 6841 (relating to

records), when a certified applicator or fertilizer technician

applies fertilizer in accordance with subsection (d), the

certified applicator or fertilizer technician shall retain a

copy of the soil test and recommendations received for the site-

specific plan as part of the recordkeeping requirements.

(Reserved).

(f) Additional requirements.--The department may establish

additional requirements through regulation.

(g) Exemption.--This section shall not apply to fertilizer

applied for agricultural production TO LAND USED FOR AN

AGRICULTURAL OPERATION or by a public or private institution of

higher education for research purposes.

§ 6853 6814 . Prohibited acts.

(a) Prohibited acts by business, ENTITY, certified

applicator or fertilizer technician.--A fertilizer application

business, GOVERNMENTAL OR PUBLIC ENTITY, certified applicator or

fertilizer technician may not:

(1) Apply fertilizer without a license, certification or

the training required by this chapter.

(2) Apply fertilizer that is misbranded or adulterated.

(3) Make false or fraudulent records, invoices or

reports concerning the application, storage or disposal of

fertilizer.

(4) Make a false statement or misrepresentation of

material fact on an application for issuance or renewal of a

license or certification required under this chapter, a

A05252 - 62 -

regulation promulgated under this chapter or an order issued

under the authority of this chapter.

(5) Refuse or neglect to comply with a condition or

limitation imposed upon a license or certification issued

under this chapter, a regulation promulgated under this

chapter or an order issued under the authority of this

chapter.

(6) Refuse to present evidence of proper licensure or

certification to an employee or agent of the department upon

request.

(7) Refuse to display the fertilizer application

business's, certified applicator's or fertilizer technician's

A license or certification number in a manner required by

this chapter, a regulation promulgated under this chapter or

an order issued under the authority of this chapter.

(8) Refuse or neglect to keep and maintain a record, or

make a report when and as required, by this chapter, a

regulation promulgated under this chapter or an order issued

under the authority of this chapter.

(9) Fail to comply with a provision of this chapter, a

regulation promulgated under this chapter or an order issued

under the authority of this chapter.

(b) Prohibited acts by person.-- A person may not:

(1) Apply fertilizer with a device that is not intended

for the application of fertilizer or that has not been

properly calibrated.

(2) Operate fertilizer application equipment or devices

in a faulty, careless or negligent manner.

(3) Dispose of, discard or store a fertilizer product in

a manner that would be inconsistent with its label, would

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cause over-application of fertilizer, would result in direct

discharge to a storm drain or waters of this Commonwealth or

would be inconsistent with this chapter, a regulation

promulgated under this chapter or an order issued under the

authority of this chapter.

(4) Aid or abet another person to evade the provisions

of this chapter, a regulation promulgated under this chapter

or an order issued under the authority of this chapter,

conspire with another person for that purpose or allow the

person's certification to be used by another person .

(5) Hinder, mislead, make false statements to or refuse

to cooperate with an employee or agent of the department in

an investigation or inspection undertaken by the authority

delegated to the department under the provisions of this

chapter.

(6) Apply fertilizer or a nitrogen-based material for

the purposes of melting snow or ice, unless the material is

applied to aircraft or areas an aircraft accesses at an

airport.

(7) Fail to comply with a provision of this chapter, a

regulation promulgated under this chapter or an order issued

under the authority of this chapter.

SUBCHAPTER F

AGRICULTURAL AND HOMEOWNER EDUCATION PROGRAM

Sec.

6861. Agricultural and homeowner education.

(8) Make a false statement or misrepresentation of

material fact on an application for issuance or renewal of a

license required under this chapter, a regulation promulgated

under this chapter or an order issued under the authority of

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this chapter.

(9) Refuse or neglect to comply with a condition or

limitation imposed upon a license issued under this chapter,

a regulation promulgated under this chapter or an order

issued under the authority of this chapter.

(10) Refuse to present evidence of proper licensure to

an employee or agent of the department upon request.

(11) Refuse or neglect to keep and maintain a record, or

make a report when and as required, by this chapter, a

regulation promulgated under this chapter or an order issued

under the authority of this chapter.

§ 6861 6815 . Agricultural and homeowner education.

The department, through guidelines established in

consultation with The Pennsylvania State University and

representatives of the agricultural and turf grass industries,

shall establish and administer a program of public outreach to

educate the public on proper use, application, handling and

storage of fertilizers.

SUBCHAPTER G

ADMINISTRATION AND PENALTIES

Sec.

6871. Publications.

6872. Rules and regulations.

6873. Short weight.

6874. Refusal, suspension or revocation of registration,

license or certification.

6875. Stop-sale orders.

6876. Seizure and condemnation.

6877. Unlawful conduct.

6878. Inspection, sampling and analysis.

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6879. Interference with officer or employee of department.

6880. Enforcement and penalties.

6881. Appeal process.

6882. Civil remedy.

6883. Cooperation with other entities.

6884. Exchanges between manufacturers.

6885. Confidentiality.

6886. Fees, fines and civil penalties (RESERVED) .

6887. Disposition of funds.

6888. Exclusion of local laws and regulations.

§ 6871 6816 . Publications.

The department may publish on an annual basis, and in a form

as it deems proper, information concerning the distribution of

fertilizers for both agricultural and nonagricultural uses and

results of analyses based on official samples of fertilizer

distributed within this Commonwealth as compared with analyses

guaranteed under sections 6812 6803 (relating to registration of

specialty fertilizers) and 6814 6805 (relating to labels and

labeling).

§ 6872 6817 . Rules and regulations.

The department may promulgate and enforce rules and

regulations necessary for administration and implementation of

this chapter. Regulations currently in place shall remain in

effect, to the extent they are consistent with this chapter,

until such time as new regulations are promulgated by the

department. THE DEPARTMENT MAY DRAFT AND ISSUE SUCH ORDERS AS

ARE NECESSARY TO ENFORCE AND PROVIDE CLARITY FOR ADMINISTRATION

OF THIS CHAPTER.

§ 6873 6818 . Short weight.

If the department finds that a fertilizer in the possession

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of a consumer is short in weight, the guarantor of that

fertilizer shall, within 30 days after official notice from the

department, submit to the consumer a penalty payment of two

times the value of the actual shortage.

§ 6874 6819 . Refusal, suspension or revocation of registration ,

license or certification or license .

(a) Authority of department.--The department may refuse,

suspend or revoke:

(1) the registration of a fertilizer;

(2) the license or certification of a person, if the

person is a registrant , licensee or certificate holder or

licensee and has not complied with the provisions of this

chapter, a regulation promulgated under this chapter or an

order issued under the authority of this chapter; or

(3) the license or certification of a person, if the

person has used fraudulent or deceptive practices in the

evasion or attempted evasion of the provisions of this

chapter.

(b) Hearing.--The department shall provide an opportunity

for a hearing, as specified in section 6881 6826 (relating to

appeal process), to a person appealing an action of the

department under this section.

§ 6875 6820 . Stop-sale orders.

(a) Authority of department.--

(1) The department may issue and enforce a written or

printed stop-sale, use or removal order to the owner or

custodian of a lot of fertilizer being offered or exposed for

sale in violation of a provision of this chapter, a

regulation promulgated under this chapter or an order issued

under the authority of this chapter.

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(2) Fertilizer placed under the order shall be held at a

designated place approved by the department and may not be

moved without written approval by the department.

(3) The order shall remain in effect until the law has

been complied with and the fertilizer is released in writing

by the department or the fertilizer in violation has been

disposed of in a manner authorized by the department. The

authorization shall be specified in writing.

(b) Release by department.--The department shall release the

fertilizer held under a stop-sale order when the requirements of

this chapter, a regulation promulgated under this chapter or an

order issued under the authority of this chapter have been

complied with and all costs and expenses incurred in connection

with the order have been paid by the person responsible for the

violation.

§ 6876 6821 . Seizure and condemnation.

Fertilizer not in compliance with the provisions of this

chapter, a regulation promulgated under this chapter or an order

issued under the authority of this chapter shall be subject to

seizure and condemnation by the department, provided that in no

instance shall the disposition of the fertilizer be ordered by

the department without first giving the claimant an opportunity

for a hearing as provided for in section 6881 6826 (relating to

appeal process) or for opportunity to apply for permission to

process or relabel the fertilizer to bring it into compliance

with this chapter.

§ 6877 6822 . Unlawful conduct.

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

cause to assist in the violation of this chapter, a regulation

promulgated under this chapter or an order issued under the

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authority of this chapter.

§ 6878 6823 . Inspection, sampling and analysis.

(a) Authorization.--For purposes of enforcement of this

chapter, the department or its agent may enter upon any public

or private premises or carriers at reasonable times, including

any vehicle being used to transport or hold fertilizer, as may

be necessary to determine compliance with this chapter. The

department may also:

(1) Have access for the purpose of inspecting any

equipment subject to this chapter and the premises on which

the equipment is kept or stored.

(2) Inspect and sample lands, plants or waterways

actually or reported to be exposed to fertilizers.

(3) Inspect storage or disposal areas.

(4) Inspect or investigate complaints of injury to

humans, animals, plants or the environment.

(5) Sample fertilizers being manufactured, processed,

packed or held for distribution, being applied or to be

applied.

(6) Have access to records relating to the manufacture,

distribution, sale, storage and use of fertilizer.

(b) Inspection.--

(1) The department may conduct unannounced inspections,

but shall give written notice to the owner or person in

charge of the facility, warehouse, establishment, premises or

vehicle at the time of inspection and sampling.

(2) A separate notice shall be given for each

inspection, but a notice shall not be required for each entry

made during the period covered by the inspection.

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obtains a sample in the course of the inspection, upon

completion of the inspection and prior to leaving the premises,

the employee may, when possible, give to the owner, operator or

agent in charge a receipt describing the samples obtained.

(d) Methodology.--

(1) The methods of fertilizer sampling and analysis by

the department shall MAY include those methods adopted by the

Association of Official Analytical Chemists International.

(2) In cases not covered by those methods or in cases

where improved methods are available, the department may

issue a temporary order defining the method to be utilized.

The method defined in the temporary order shall be effective

upon publication in the Pennsylvania Bulletin. The temporary

order shall remain in effect for a period not to exceed one

year, unless reissued or until the notice is promulgated as a

regulation.

(e) Deficiency determination.--In determining whether a

fertilizer is deficient in nutrients, the department shall be

guided solely by the official sample obtained.

(f) Maintenance by official samples.--

(1) Official samples maintained by the department and

that require imposition of a penalty for nutrient deficiency

shall be retained for a minimum of 90 days from issuance of a

fertilizer deficiency report or an official report of

analysis.

(2) Upon request, the department shall furnish to the

guarantor a portion of the official sample.

(3) Requests must be made within 30 days of receipt of a

fertilizer deficiency report or an official report of

analysis.

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§ 6879 6824 . Interference with officer or employee of

department.

(a) Interference.--A person who willfully or intentionally

interferes with an employee or officer of the department in the

performance of the employee's or officer's duties or activities

authorized under this chapter commits a misdemeanor of the third

degree and shall, upon conviction, be subject to a term of

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

than $2,500, or both.

(b) Refuse entry.--

(1) It shall be a violation of this chapter to refuse

entry to a department employee or agent acting under the

authority of this chapter.

(2) For purposes of this subsection, the term "refuse

entry" includes any of the following:

(i) Preventing entry to the establishment or any

other place or object set forth in section 6878(a)

6823(a) (relating to inspection, sampling and analysis)

of this chapter .

(ii) Preventing the taking of a sample as authorized

under this chapter.

(iii) Preventing access to records required under

this chapter or any order or regulation issued ISSUED

UNDER THE AUTHORITY OF THIS CHAPTER OR REGULATION

PROMULGATED under this chapter.

(1) The department may apply for a search warrant to any

court of competent jurisdiction authorized to issue a search

warrant for the purposes of conducting inspections,

collecting samples or examining records of any facility,

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premises or vehicle in the enforcement of this chapter.

(2) The warrant shall be issued upon probable cause. It

shall be sufficient probable cause to show any of the

following:

(i) The department or its authorized agent has been

subject to interference or refused entry as defined under

subsections (a) and (b).

(ii) The department has reasonable grounds to

believe that a violation of this chapter, a regulation

promulgated under this chapter or an order issued under

the authority of this chapter has occurred.

§ 6880 6825 . Enforcement and penalties.

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

person who violates a provision of this chapter, a regulation

promulgated under this chapter or an order issued under the

authority of this chapter:

(1) For the first offense, commits a summary offense and

may, upon conviction, be sentenced for each offense to pay a

fine of not less than $100 nor more than $500 and costs of

prosecution or to 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 chapter,

a regulation promulgated under this chapter or an order

issued under the authority of this chapter commits a

misdemeanor of the second degree and shall, upon conviction,

be sentenced to pay a fine of not less than $500 nor more

than $1,000 and costs of prosecution or to imprisonment for

not more than two years, or both.

(b) Civil penalties.--

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(1) In addition to another remedy available at law or in

equity for a violation of this chapter, the department may

assess a civil penalty of not less than $500 nor more than

$5,000 upon a person for each violation of this chapter. The

civil penalty assessed shall be payable to the department and

shall be collectible in any manner provided by law for the

collection of debt.

(2) No civil penalty shall be assessed unless the person

assessed the penalty has been given notice and an opportunity

for a hearing on the assessment in accordance with the

provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice

and procedure of Commonwealth agencies) and 7 Subch. A

(relating to judicial review of Commonwealth agency action).

(1) A person who to the person's own advantage uses or

reveals to anyone other than the department, administrative

tribunal or a court when relevant in a judicial proceeding

information acquired under the authority of this chapter

concerning a method, record, formulation or process that as a

trade secret is entitled to protection under the law commits

a misdemeanor of the third degree and shall, upon conviction,

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

(2) This subsection shall not be construed to prohibit

the department from exchanging information of a regulatory

nature with governmental agencies of the Federal Government,

agencies of this Commonwealth or another state.

(d) Certified copy of official analysis.--In a prosecution

under this chapter involving the composition of a lot of

fertilizer, a certified copy of the official analysis signed by

the department shall be accepted as prima facie evidence of the

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composition.

(e) De minimis violations.--Nothing in this chapter shall be

construed to require the department to report a violation and to

institute seizure proceedings as a result of a de minimis

violation of this chapter when the department concludes that the

public interest will be best served by a suitable notice of

warning in writing.

(f) District attorney.--A district attorney to whom a

criminal violation of this chapter is reported shall cause

appropriate proceedings to be instituted and prosecuted in a

court of competent jurisdiction without delay.

§ 6881 6826 . Appeal process.

All appeals shall be taken and hearings conducted in

accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A

(relating to practice and procedure of Commonwealth agencies)

and 7 Subch. A (relating to judicial review of Commonwealth

agency action). A person shall have 15 days to appeal an

enforcement action of the department.

§ 6882 6827 . Civil remedy.

(a) Office of Attorney General.--In addition to other

remedies provided for in this chapter, the Office of Attorney

General, at the request of the department, may initiate in

Commonwealth Court or the court of common pleas of the county in

which the defendant resides or has a place of business an action

in equity for an injunction to restrain a violation of this

chapter, a regulation promulgated under this chapter or an order

issued under the authority of this chapter from which no timely

appeal has been taken or which has been sustained on appeal.

(b) Preliminary injunctions.--In a proceeding under

subsection (a), the court shall, upon motion of the

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Commonwealth, issue a preliminary injunction if the court finds

that the defendant is engaging in conduct that causes immediate

or irreparable harm to the public or has engaged in other

conduct which the court has developed through case law.

required to furnish bond or other security in connection with

proceedings under this section.

(d) Civil penalties.--In addition to an injunction, the

court may levy civil penalties as provided by this chapter.

§ 6883 6828 . Cooperation with other entities.

The department may cooperate with and enter into agreement

with governmental agencies of the Federal Government, agencies

of this Commonwealth or another state to carry out the purpose

and provisions of this chapter.

§ 6884 6829 . Exchanges between manufacturers.

Nothing in this chapter shall be construed to restrict or

avoid sales or exchanges of fertilizers to each other by

importers, manufacturers or manipulators who mix fertilizer

materials for sale or as preventing the free and unrestricted

shipments of fertilizer to manufacturers or manipulators who are

in compliance with the provisions of this chapter.

§ 6885 6830 . Confidentiality.

All proprietary business information contained in records,

data, formulations and other information filed with or collected

by the department under section 6841 (relating to records) and

that relate to tonnage reports and trade secrets, such as

product formulation, customer information or production methods,

shall be exempt from the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law, and subject to inspection only

upon the order of a court of competent jurisdiction. Aggregate

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data may be shared with other Federal, State or local agencies.

§ 6886. FEES, FINES AND CIVIL PENALTIES.

(a) Insufficient revenues.--If the revenues raised by fees,

fines and civil penalties imposed under this chapter are

insufficient to meet expenditures for the administration and

enforcement of this chapter over a two-year period, the

department may increase those fees so that the project revenues

will meet or exceed projected expenditures.

(b) Notice and effective date.--

(1) The department shall announce the adjustment of

fees, fines and penalties by transmitting a notice to the

Legislative Reference Bureau for publication in the

Pennsylvania Bulletin.

(2) Prior to the adjusted fees, fines and penalties

becoming effective, the department shall hold a public

meeting to receive input from the regulated community.

(3) SUBSEQUENT TO THE PUBLIC MEETING, THE DEPARTMENT

SHALL TRANSMIT A NOTICE TO THE LEGISLATIVE REFERENCE BUREAU

FOR REPUBLISHING THE ADJUSTED FEES, FINES AND PENALTIES IN

THE PENNSYLVANIA BULLETIN. THE ADJUSTED FEES SHALL TAKE

EFFECT 60 DAYS AFTER PUBLICATION OF THE SUBSEQUENT NOTICE IN

THE PENNSYLVANIA BULLETIN. (RESERVED).

§ 6887 6831 . Disposition of funds.

Money received from license fees, registration fees,

applicator certification, inspection fees, fines and penalties

shall be paid into a special restricted account in the General

Fund known as the Agronomic Regulatory Account. All money in the

Agronomic Regulatory Account is appropriated on a continuing

basis to the department for the purposes of this chapter and

Chapters 69 (relating to soil and plant amendment) and 71

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(relating to seed).

§ 6888 6832 . Exclusion of local laws and regulations.

(a) Effect of chapter.--The provisions of this chapter are

of Statewide concern and occupy the whole field of regulation

regarding the registration, packaging, labeling, sale,

transportation, distribution, use and application of fertilizers

and certification of fertilizer applicators to the exclusion of

all local regulations.

(b) Enforcement.--No ordinance or regulation of a local

agency, political subdivision or home rule municipality may

prohibit or attempt to regulate a matter relating to the

registration, packaging, labeling, sale, transportation,

distribution, use or application of fertilizers, if the

ordinance or regulation conflicts with this chapter.

construed to prevent a political subdivision or home rule

municipality from adopting and enforcing an ordinance or a

regulation that is consistent with and no more stringent than

the requirements of this chapter and the regulations or

guidelines promulgated under this chapter. No penalty shall be

assessed under the local ordinance or regulation under this

subsection for a violation for which a penalty has been assessed

under this chapter.

Section 3. Sections 6921 and 7122 of Title 3 are amended to

read:

§ 6921. Disposition of funds.

Moneys received from license fees, registration fees,

inspection fees, fines and penalties shall be paid into the

Agronomic Regulatory Account established in section [6725] 6887

6831 (relating to disposition of funds). All moneys in the

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Agronomic Regulatory Account are hereby appropriated to the

department for the purposes of this chapter [and], Chapter [67]

68 (relating to fertilizer) and Chapter 71 (relating to seed).

§ 7122. Disposition of funds.

Moneys received from license fees, seed testing fees,

certification fees, fines and penalties shall be paid into the

Agronomic Regulatory Account established in section [6725] 6887

6831 (relating to disposition of funds). All moneys in the

Agronomic Regulatory Account are hereby appropriated to the

department for the purposes of Chapters [67] 68 (relating to

fertilizer) and 69 (relating to soil and plant amendment) and

this chapter.

Section 4. The State Treasurer shall transfer the sum of

$100,000 from the General Fund to the Agronomic Regulatory

Account for use by the Department of Agriculture to develop the

certification and recertification courses required under 3

Pa.C.S. §§ 6832 and 6833 and any computer programming or

software necessary for administration and enforcement of 3

Pa.C.S. Ch. 68.

SECTION 4. IF THE NUTRIENT REDUCTION PLANNING TARGETS

IDENTIFIED IN THE PENNSYLVANIA PHASE 3 CHESAPEAKE BAY WATERSHED

IMPLEMENTATION PLAN PREPARED BY THE DEPARTMENT OF ENVIRONMENTAL

PROTECTION, DATED AUGUST 2019, FOR IMPLEMENTING THIS ACT ARE NOT

ACHIEVED AND DO NOT RESULT IN CREDIT IN THE CHESAPEAKE BAY

WATERSHED MODEL BY DECEMBER 31, 2026, THE FOLLOWING PROVISIONS

OF THIS ACT SHALL EXPIRE DECEMBER 31, 2026:

(1) THE ADDITION OF 3 PA.C.S. CH. 68 SUBCHS. C AND D.

(2) THE ADDITION OF 3 PA.C.S. § 6853(A)(1).

Section 5 4. This act shall take effect as follows:

(1) The addition of 3 Pa.C.S. § 6814(a)(3) 6805(a)(3)

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and (4), (g), (h), (i), (j), (k) and (l) shall take effect in

18 months.

(2) The addition of 3 Pa.C.S. §§ 6831, 6831.1, 6832,

6833 and 6834 shall take effect upon the development of the

certification examination specified under 3 Pa.C.S. § 6832(a)

and applicable software to implement these sections.

(3) (2) This section and the remainder of this act shall

take effect immediately.

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