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

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

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

9§ 6705. Labels and labeling.

10* * *

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

13* * *

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

15§ 6725. Disposition of funds.

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

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

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

7CHAPTER 68

8FERTILIZER FOR USE ON TURF

9Sec.

106801. Definitions.

116802. Applicability.

126803. Fertilizer sold to consumers.

136804. Labeling.

146805. Application of fertilizer to turf.

156806. Certification of professional fertilizer applicators.

166807. Cooperation with other entities.

176808. Preemption.

186809. Rules and regulations.

196810. Enforcement and penalties.

206811. Disposition of funds.

21§ 6801. Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

14"Fertilizer material." A fertilizer which:

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

17(i) nitrogen;

18(ii) phosphate; or

19(iii) potash;

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

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

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

1surfaces or improvements.

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

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

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

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

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

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

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

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

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

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

8"Plant nutrient." Any of the following:

9(1) primary nutrient;

10(2) secondary nutrient; and

11(3) micronutrient.

12"Primary nutrient." Any of the following:

13(1) total nitrogen;

14(2) available phosphate; and

15(3) soluble potash.

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

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

26"Secondary nutrient." Any of the following:

27(1) calcium;

28(2) magnesium; and

29(3) sulfur.

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

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

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

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

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

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

20§ 6802. Applicability.

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

24§ 6803. Fertilizer sold to consumers.

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

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

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

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

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

9(ii) establishing vegetation for the first time;

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

11(iv) as an enhanced-efficiency phosphorus
12fertilizer, natural organic fertilizer, organic-base
13fertilizer or fertilizer derived from a by-product.

14(b) Turf.--Notwithstanding the limits of subsection (a)(1),
15fertilizer sold at retail and intended for use on turf may
16contain up to 2.5 pounds of enhanced-efficiency nitrogen
17fertilizer per 1,000 square feet when applied pursuant to the
18instructions on the container, provided the monthly release rate
19does not exceed 0.7 pounds of nitrogen per 1,000 square feet.

20§ 6804. Labeling.

21(a) Mandatory label.--In addition to any other requirements
22under Chapter 67 (relating to fertilizer), a container of
23fertilizer sold at retail and intended for use on turf shall
24include the following statement on its label in a legible and
25conspicuous form:

26"Do not apply near water, storm drains or drainage
27ditches. Do not apply if heavy rain is expected. Apply
28this product only to your lawn and sweep any product that
29lands on the driveway, sidewalk or street back onto your
30lawn."

1(b) Prohibited label.--No fertilizer material may be labeled
2for the purpose of melting snow or ice.

3§ 6805. Application of fertilizer to turf.

4(a) Restrictions.--No person or professional fertilizer
5applicator may:

6(1) apply fertilizer intended for use on turf to an
7impervious surface. Any fertilizer inadvertently applied to
8an impervious surface shall be removed from the impervious
9surface;

10(2) apply fertilizer containing phosphorus or nitrogen
11to turf at any time when the ground is frozen to a depth of
12at least two inches or snow covered;

13(3) apply fertilizer containing phosphorus or nitrogen
14to turf before March 1 or after November 15 in any calendar
15year, except fertilizer containing no more than 0.5 pounds of
16total nitrogen per 1,000 square feet may be applied by a
17professional fertilizer applicator to turf after November 15
18but before March 1 in a calendar year;

19(4) apply fertilizer within five feet of the top of a
20bank of any perennial or intermittent stream, except that
21fertilizer may be applied to the top of the bank of any
22perennial or intermittent stream if applied using a drop
23spreader, rotary spreader with deflector, targeted spray
24liquid or other available targeted application technology.
25The establishment of setbacks for fertilizer application
26pursuant to this paragraph shall not preclude the
27establishment or applicability of, or required compliance
28with, any other environmental standard established pursuant
29to any other Federal or State law, rule or regulation; or

30(5) apply fertilizer for the purpose of melting snow or

1ice.

2(b) Application rates.--Except as provided under subsections
3(c), (d) and (e), at least 20% of the total nitrogen applied per
41,000 square feet shall be enhanced-efficiency nitrogen and
5application rates shall:

6(1) not exceed 0.7 pounds of readily available nitrogen
7per 1,000 square feet per application;

8(2) not exceed 0.9 pounds of total nitrogen per 1,000
9square feet per application; and

10(3) contain zero phosphorus, except when specifically
11labeled for the following purposes:

12(i) providing nutrients to specific soils and target
13vegetation as determined to be necessary pursuant to a
14soil test performed no more than three years prior to the
15application;

16(ii) establishing vegetation for the first time;

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

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

21(c) Professional fertilizer applicators.--A professional
22fertilizer applicator shall not be required to use enhanced-
23efficiency nitrogen fertilizer. Except as provided under
24subsections (d) and (e), no professional fertilizer applicator
25may apply fertilizer at a rate exceeding:

26(1) 0.7 pounds of readily available nitrogen per 1,000
27square feet per application;

28(2) 0.9 pounds of total nitrogen per 1,000 square feet
29per application; and

30(3) zero phosphorus, except when the professional

1fertilizer applicator:

2(i) determines that the fertilizer is necessary for
3the specific soils and target vegetation pursuant to a
4soil test performed no more than three years before the
5application, and the application is in a manner
6consistent with generally accepted best management
7practices;

8(ii) is establishing vegetation for the first time
9in a manner consistent with generally accepted best
10management practices;

11(iii) is reestablishing or repairing a turf area in
12a manner consistent with generally accepted best
13management practices; or

14(iv) is utilizing an enhanced-efficiency phosphorus
15fertilizer, natural organic fertilizer, organic-base
16fertilizer or fertilizer derived from a by-product.

17(d) Enhanced-efficiency nitrogen fertilizer.--
18Notwithstanding the provisions of subsections (b) and (c),
19enhanced-efficiency nitrogen fertilizer may be applied at a rate
20not to exceed 2.5 pounds of nitrogen per application with a
21monthly release rate not to exceed 0.7 pounds of nitrogen per
221,000 square feet.

23(e) Enhanced-efficiency phosphorus fertilizer, natural
24organic fertilizer, organic-base fertilizer and fertilizer
25derived from a by-product.--

26(1) Except as provided in paragraph (2) and
27notwithstanding the provisions of subsections (b) and (c), an
28enhanced-efficiency phosphorus fertilizer, natural organic
29fertilizer, organic-base fertilizer or fertilizer derived
30from a by-product containing phosphorus may be applied at a

1rate indicated by a soil test performed not more than three
2years before the application date or at a rate not to exceed
30.25 pounds of phosphorus per 1,000 square feet, with a
4maximum total annual application of 0.5 pounds of phosphorus
5per 1,000 square feet per year.

6(2) Fertilizer products containing phosphorus may not be
7applied to turf when a soil test performed not more than
8three years before the application date indicates a soil
9phosphorus level equal to or greater than 200 ppm according
10to a Mehlich 3 test or equivalent.

11§ 6806. Certification of professional fertilizer applicators.

12(a) Certification.--

13(1) No professional fertilizer applicator may apply
14fertilizer to turf without first completing a certification
15program and receiving appropriate certification pursuant to
16subsection (c), unless acting under the supervision of a
17certified professional fertilizer applicator as provided
18under subsection (b).

19(2) A certification issued under subsection (c) shall be
20valid for three years, subject to the limitations of section
216810(c) (relating to enforcement and penalties).

22(b) Supervisory employees.--A person or entity employing
23professional fertilizer applicators shall have at least one
24supervisory employee who holds a valid certificate present or
25immediately accessible to employees applying fertilizer at all
26hours of operation.

27(c) Professional fertilizer application program.--

28(1) The department shall:

29(i) establish a professional fertilizer application
30certification program; or

1(ii) designate one or more professional fertilizer
2application certification programs provided by a third
3party, such as a university, industry association,
4employer of professional fertilizer applicators or other
5continuing education provider, as an approved
6professional fertilizer application certification program
7for purposes of this section.

8(2) Any program established or designated under this
9subsection shall include, but not be limited to, information
10on the following subject areas:

11(i) the proper use and calibration of fertilizer
12application equipment;

13(ii) the hazards involved in, and the environmental
14impact of, applying fertilizer, including nutrient
15pollution, to perennial or intermittent streams;

16(iii) all applicable Federal and State laws, rules
17and regulations;

18(iv) the correct interpretation of fertilizer
19labeling information; and

20(v) the generally accepted best management practices
21for fertilizer use on turf, including the appropriate
22time to wait before applying fertilizer when rain is
23forecast and the appropriate time to apply fertilizer
24when soils are wet and the potential for fertilizer
25movement offsite exists.

26(d) Program fees and continuing education.--In administering
27a professional fertilizer application certification program:

28(1) The department, acting pursuant to subsection (c)(1)
29(i), may:

30(i) require payment, not to exceed $50, for a

1certificate of competency to cover costs associated with
2the administration of this chapter; and

3(ii) require payment, not to exceed $25, for
4recertification to cover costs associated with the
5administration of this chapter.

6(2) A third party, acting pursuant to subsection (c)(1)
7(ii), may:

8(i) require payment, not to exceed $50, for a
9certificate of competency to cover costs associated with
10the administration of this chapter; and

11(ii) require payment, not to exceed $25, for a
12recertification to cover costs associated with the
13administration of this chapter.

14(e) Program duties of department.--In establishing or 
15designating a professional fertilizer application certification 
16program under subsection (c), the department shall, to the 
17maximum extent practicable, align education and training 
18opportunities for commercial applicators of pesticides under 
19section 16.1 of the act of March 1, 1974 (P.L.90, No.24), known 
20as the Pennsylvania Pesticide Control Act of 1973.

21(f) List of certified professional fertilizer applicators.--
22The department shall publish and maintain a list of all
23certified professional fertilizer applicators and make the list
24available on its publicly accessible Internet website.

25§ 6807. Cooperation with other entities.

26The department may cooperate with and enter into agreements
27with agencies of the Federal Government, agencies and political
28subdivisions of the Commonwealth or any other state or a
29nongovernmental entity in order to carry out the purpose and
30provisions of this chapter.

1§ 6808. Preemption.

2This chapter and its provisions are of Statewide concern, and
3no political subdivision shall have the authority to adopt or
4enforce any ordinance, regulation or resolution which is in
5conflict with this chapter.

6§ 6809. Rules and regulations.

7The department shall promulgate and enforce rules and
8regulations necessary for the administration and implementation
9of this chapter. To implement section 6806(c) (relating to
10certification of professional fertilizer applicators), the
11department shall promulgate rules and regulations no later than
12two years from the effective date of this section.

13§ 6810. Enforcement and penalties.

14(a) Civil penalties.--

15(1) In addition to any other remedy available at law or
16in equity for a violation of this chapter, the department
17may:

18(i) Except as otherwise provided in subparagraph
19(ii), assess a civil penalty of not more than $50 upon
20any person for each violation of a provision of this
21chapter.

22(ii) Assess a civil penalty of not more than $2,500
23upon any person for each violation of section 6803
24(relating to fertilizer sold to consumers) or 6804
25(relating to labeling).

26(2) The civil penalty assessed shall be payable to the
27department and shall be collectible in any manner provided by
28law for the collection of debt.

29(3) No civil penalty may be assessed unless the person
30assessed the penalty has been given notice and an opportunity

1for a hearing on the assessment in accordance with the
2provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice
3and procedure of Commonwealth agencies) and 7 Subch. A
4(relating to judicial review of Commonwealth agency action).

5(b) De minimis violations.--Nothing in this chapter may be
6construed as requiring the department to report a violation and
7to institute penalties as a result of de minimis violations of
8this chapter when the department concludes that the public
9interest will be best served by a suitable notice of warning in
10writing.

11(c) Suspension or revocation of certification.--The
12department may suspend or revoke a certification under section
136806 (relating to certification of professional fertilizer
14applicators) for a violation of this chapter.

15§ 6811. Disposition of funds.

16Moneys received from fees collected pursuant to section
176806(d)(1) (relating to certification of professional fertilizer
18applicators), fines and penalties under this chapter shall be
19paid into the Agronomic Regulatory Account established under
20section 6725 (relating to disposition of funds).

21Section 4. This act shall take effect as follows:

22(1) The addition of 3 Pa.C.S. §§ 6801, 6803, 6804 and
236805 shall take effect in two years.

24(2) The addition of 3 Pa.C.S. § 6806(a) and (b) shall
25take effect one year after the promulgation of regulations
26made under 3 Pa.C.S. § 6806(c).

27(3) The remainder of this act shall take effect
28immediately.