See other bills
under the
same topic
PRIOR PRINTER'S NO. 1437
PRINTER'S NO. 1717
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
915
Session of
2019
INTRODUCED BY YAW, VOGEL, KILLION AND SCHWANK, DECEMBER 18, 2019
AS AMENDED ON THIRD CONSIDERATION, MAY 27, 2020
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Consolidated Statutes is repealed: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:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
"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
nutrients: nitrogen, phosphate or potash;
20190SB0915PN1717 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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,
posters or electronic media used in promoting the distribution
20190SB0915PN1717 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
of fertilizer to be distributed in this Commonwealth and every
20190SB0915PN1717 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(3) The name and address of the guarantor.
20190SB0915PN1717 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) The net weight.
(c) Exemption.--A distributor shall not be required to
register a specialty fertilizer which is already registered
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.
(c) Other guarantees.--Guarantees for other nutrients shall
20190SB0915PN1717 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
each year an inspection fee at the rate of 15¢ per ton. In no
20190SB0915PN1717 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(a) General rule.--The guarantor whose name appears on the
20190SB0915PN1717 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(c) Late fee.--A penalty of $25 or 10% of the inspection
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.
(a) General rule.--The department shall inspect, sample,
20190SB0915PN1717 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(c) Deficiency determination.--The department, in
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,
the department shall furnish to the guarantor a portion of any
20190SB0915PN1717 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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);
or
(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
found, the penalties shall be paid to the department.
20190SB0915PN1717 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(c) Deficiencies in mixed fertilizers.--A deficiency in an
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.
§ 6712. Adulteration.
20190SB0915PN1717 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
the department to be short in weight, the guarantor of that
20190SB0915PN1717 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
department, provided that in no instance shall the disposition
20190SB0915PN1717 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
this chapter commits a misdemeanor of the third degree and
20190SB0915PN1717 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
a fine of not less than $500 or to imprisonment for not less
20190SB0915PN1717 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(c) Civil penalties.--
(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
the public interest will be best served by a suitable notice of
20190SB0915PN1717 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
Sec.
20190SB0915PN1717 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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. 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
20190SB0915PN1717 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
all applicable regulations of the Department of Environmental
Protection.
"Certified applicator." A person who is certified under
section 6832 (relating to certification of applicators) as
competent to use or supervise the use of fertilizer or train
fertilizer technicians on the proper application of fertilizer.
"Commercial applicator." A person 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 (42
U.S.C. § 2000c) (Public Law 88-352, 78 Stat. 241). This term
does not include the residence of a home schooled student.
(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.
"Consumer." A person who purchases fertilizer for the 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
20190SB0915PN1717 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
is designed for use or claimed to have value in promoting plant
growth, except unmanipulated animal manure and plant remains,
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 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;
20190SB0915PN1717 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) the property or premises of a golf course, park,
school, college or university or public playground; or
(3) an athletic field.
"Fertilizer application business license." A license
obtained under section 6831 (relating to licensing of fertilizer
application businesses).
"Fertilizer license." A license obtained under section 6811
(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 its content of plant
nutrients has not been materially changed except by
purification and concentration.
"Fertilizer technician." A person who:
(1) Is not certified under this chapter.
(2) Works for a fertilizer application business.
(3) Works under the direction of a certified applicator.
"Governmental or public entity." An executive or independent
agency or governmental unit of the Federal Government,
Commonwealth or its instrumentalities, a local agency, municipal
authority or political subdivision.
20190SB0915PN1717 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"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,
which, in the case of specialty fertilizers, may be guaranteed
in fractional units of less than 1% of total nitrogen, available
phosphate and soluble potash, and provided that fertilizer
materials, bone meal, manures and similar materials may be
guaranteed 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,
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
20190SB0915PN1717 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
accompanying fertilizer or advertisements, brochures, posters or
electronic media used in promoting the distribution of
fertilizer.
"Manipulation." 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.
(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
20190SB0915PN1717 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 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
access.
"Percent" or "percentage." A percentage by weight.
"Person." An individual, a partnership, an association, a
firm, a corporation or another legal entity.
"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.
20190SB0915PN1717 - 25 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) Phosphorus.
(3) Potassium.
"Public applicator." A certified applicator who applies
fertilizer as an employee of the Federal or State government or
a public entity.
"Registrant." A person who registers fertilizer under this
chapter.
"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 a fertilizer 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 agricultural production.
SUBCHAPTER B
20190SB0915PN1717 - 26 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
FERTILIZER MANUFACTURERS AND GUARANTORS
Sec.
6811. Licensing.
6812. Registration of specialty fertilizers.
6813. Turf fertilizer components.
6814. Labels and labeling.
6815. Inspection fees.
6816. Tonnage reports.
6817. Plant food deficiency.
6818. Commercial value.
6819. Misbranding.
6820. Adulteration.
§ 6811. 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). 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.
20190SB0915PN1717 - 27 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 6812. 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 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.
(c) Exemption.--
(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 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
20190SB0915PN1717 - 28 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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. Turf fertilizer components.
(a) General rule.--Except as provided in subsection (b),
fertilizer labeled for turf that is distributed to end users 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 (relating to application of
20190SB0915PN1717 - 29 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
fertilizer to turf).
(c) Additional requirements.--The department, through
regulation, may establish additional requirements for turf
fertilizer.
§ 6814. 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 derived from statement.
(4) Directions for use for fertilizer distributed to the
end user.
(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.
(c) Other guarantees.--Guarantees for nutrients other than
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
20190SB0915PN1717 - 30 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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 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.
(g) Turf fertilizer.--Subject to subsection (i), fertilizer
intended for use on turf that is distributed to end users 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
that are 40 pounds or greater, that is distributed to end users
20190SB0915PN1717 - 31 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 for fertilizer or nitrogen-based
material shall not be labeled for the purposes 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.
§ 6815. Inspection fees.
(a) Amounts.--The guarantor whose name appears on the label
20190SB0915PN1717 - 32 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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. 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
fertilizer distributed in this Commonwealth for the period
covered by the inspection fee. The department may promulgate
20190SB0915PN1717 - 33 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(c) Late fee.--A penalty of $25 or 10% of the total
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.
(2) This subsection shall not apply to information
furnished to a court or administrative tribunal in accordance
20190SB0915PN1717 - 34 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
with law.
§ 6817. 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 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.
(c) Deficiencies in fertilizers.--A deficiency in an
official sample of fertilizer resulting from nonuniformity shall
not be deemed distinguishable from a deficiency due to actual
20190SB0915PN1717 - 35 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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. Commercial value.
For the purpose of determining the commercial value to be
applied under section 6817 (relating to plant food 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. Misbranding.
No person may distribute a 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
(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
regulation.
(5) The label or labeling are in conflict with section
20190SB0915PN1717 - 36 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
6852 (relating to application of fertilizer to turf).
§ 6820. Adulteration.
No person may distribute an adulterated fertilizer product. A
fertilizer shall be deemed to be adulterated if any of the
following apply:
(1) It contains a 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
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.
SUBCHAPTER C
APPLICATOR LICENSING AND CERTIFICATION
Sec.
6831. Licensing of fertilizer application businesses.
6832. Certification of applicators.
6833. Recertification of applicators.
6834. Reciprocal agreement.
6835. Training of fertilizer technicians.
§ 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
20190SB0915PN1717 - 37 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
provisions of this chapter and any regulation or order of 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) 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).
(3) All business licenses 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.
(c) Employer requirement.--A fertilizer application business
shall employ at all times and at each licensed business at least
one person who holds a current valid commercial or public
applicator certification. This person shall be responsible for
training fertilizer technicians on the proper handling and
application of fertilizer.
(d) Fertilizer technicians.--A fertilizer application
business shall ensure fertilizer technicians do not apply
20190SB0915PN1717 - 38 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
fertilizer unless the persons have completed a training program
as described by section 6835 (relating to training of fertilizer
technicians).
(e) 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.
(2) A list of all fertilizer technicians employed by the
business and an attestation that each has 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).
(f) 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) 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) Aerial application.--If a fertilizer application
business or an applicator of fertilizer engages in aerial
applications, the applicant shall, upon request by the
department, provide proof of compliance with the Federal
Aviation Administration regulations as described in 14 CFR Pt.
20190SB0915PN1717 - 39 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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. The department may also
establish 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.
(2) Each applicant for certification shall demonstrate
knowledge and competence 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
20190SB0915PN1717 - 40 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30