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                                                      PRINTER'S NO. 4227

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2725 Session of 2008


        INTRODUCED BY KORTZ, BEYER, BOBACK, BRENNAN, CALTAGIRONE,
           CASORIO, GEORGE, GOODMAN, HARHAI, HELM, HORNAMAN, MAHONEY,
           McCALL, MELIO, R. MILLER, MURT, PALLONE, SAINATO, SIPTROTH,
           K. SMITH, SURRA, THOMAS AND YOUNGBLOOD, JULY 23, 2008

        REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
           JULY 23, 2008

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for the offense of unlawful
     3     use of human biosolids.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 18 of the Pennsylvania Consolidated
     7  Statutes is amended  by adding a section to read:
     8  § 3313.  Unlawful use of human biosolids.
     9     (a)  Offense defined.--A person commits a misdemeanor of the
    10  third degree if the person uses, within this Commonwealth, human
    11  biosolids or human waste for the purpose of agricultural
    12  fertilization in the course of normal agricultural operation.
    13     (b)  Penalties.--Upon conviction under subsection (a), a
    14  person shall be sentenced as follows:
    15         (1)  For the first violation, a fine of not more than
    16     $10,000.
    17         (2)  For the second violation, a fine of not more than

     1     $20,000.
     2         (3)  For the third and subsequent violations, a fine of
     3     not more than $20,000 and not more than 30 days of
     4     imprisonment.
     5     (c)  Definitions.--As used in this section, the following
     6  words and phrases shall have the meanings given to them in this
     7  subsection:
     8     "Human biosolids."  Human waste or sewage sludge.
     9     "Normal agricultural operations."  As defined under section 2
    10  of the act of June 10, 1982 (P.L.454, No.133), referred to as
    11  the Right-to-Farm Law.
    12     Section 2.  This act shall take effect in 60 days.












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