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PRINTER'S NO. 1520
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1411
Session of
2021
INTRODUCED BY SAPPEY, BRIGGS, PASHINSKI, McNEILL, SANCHEZ,
FREEMAN, DELLOSO, HOWARD, HERRIN, ISAACSON, OTTEN AND ROWE,
MAY 14, 2021
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MAY 14, 2021
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in bees, providing for requirements of registration
and for notification of pesticide application.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding sections to read:
§ 2105.1. Requirements of registration.
(a) Registration.--In accordance with the provisions of
section 2105 (relating to registration of apiaries), the owner
of an apiary located in this Commonwealth shall register the
apiary with the department.
(b) Registry.--The department shall maintain a registry of:
(1) The name and complete mailing and email address of
the owner of the apiary and the name and complete mailing and
email address of the person primarily responsible for
maintaining and caring for the apiary if different from the
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owner.
(2) The exact location or locations of each apiary.
(3) The number of colonies contained in the apiary.
(4) A telephone number and nighttime telephone number of
the person primarily responsible for caring for the apiary.
(5) Such other information as the department may
require.
(c) Distribution of registry.--The department shall
distribute the current registry to each licensed commercial and
public pesticide application business on or before March 1 and
July 15 of each year. Individuals may not be considered
officially included on the registry unless their names appear on
the current registry.
§ 2105.2. Notification of pesticide application.
(a) Pesticide application.--Prior to a pesticide application
being made by a commercial or public pesticide application
business, the following conditions shall be met:
(1) Each owner of an apiary or the person primarily
responsible for maintaining and caring for the apiary, if
different from the owner, who is listed on the current
registry and whose primary residence or secondary location's
property line is within 500 feet of the application site
shall be notified of the pesticide application.
(2) Notification shall consist of providing the
following information to the owner of an apiary or the person
primarily responsible for maintaining and caring for the
apiary if different from the owner listed on the registry:
(i) Date, location of application site, earliest
possible start time and latest possible finish time of
application. The range between start and finish times may
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be no greater than 24 hours.
(ii) Brand name, EPA number and active ingredient
common name, if on the label, of the pesticide products
which may be used.
(iii) The name, telephone number and pesticide
business license number of the pesticide application
business.
(iv) A copy of the label for every pesticide used
within 10 days of a written request.
(3) Notification shall be made between 24 and 72 hours
prior to the pesticide application.
(4) Notification shall be made by telephone, personal
contact or certified mail or, if available, email or
facsimile. The following shall apply:
(i) Notification requirements are met through
constructive notification to each hypersensitive person
identified in the register by means of daytime or
nighttime communication or if the information is given to
an adult contacted by dialing the alternate telephone
number.
(ii) If notification cannot be made after at least
two telephone contact attempts, notification may be made
by placing the written notification information on the
front door of the listed residence or secondary location
listed in the registry within 500 feet of the application
site 24 to 72 hours prior to the application and an email
notification shall be sent.
(iii) A record shall be kept of every contact and
contact attempt made under this paragraph.
(b) Exceptions.-- The following types of application do not
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require notification under this section:
(1) An application of a pesticide in a tamper-resistant
bait station.
(2) An application of a disinfectant or sanitizer.
(3) Application of a pesticide in the care and
maintenance of a swimming pool.
(c) Recordkeeping.-- A record of the notification information
required under this section, including the time and method of
notification, shall be made within 24 hours following the
application and maintained for at least three years and shall be
made immediately available to the department upon request.
Section 2. This act shall take effect in 60 days.
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