Pennsylvania 2017-2018 Regular Session Status: Passed Senate

SB 792 — 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; and imposing duties on the Department of Agriculture.

Last action — Referred to AGRICULTURE AND RURAL AFFAIRS

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

2050 added · 3551 removed

Plain-language change summary

The latest version of the bill SB 792 has removed the entire Chapter 67, which dealt with regulations regarding fertilizers in Pennsylvania. This repeal eliminates specific definitions and standards that were previously established under the Fertilizer Act. This change matters because it indicates a shift in how the state plans to handle fertilizer regulations, potentially simplifying the process but also raising questions about the oversight and safety of fertilizer usage in agriculture.

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PRIOR PRINTER'S NO.
PRINTER'S NO.
1004 PRINTER'S NO.
1004 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
1547 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
792 2017 INTRODUCED BY ALLOWAY, BLAKE AND RAFFERTY, JUNE 22, 2017 REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JUNE 22, 2017 AN ACT Amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, repealing provisions relating to fertilizer;
792 2017 INTRODUCED BY ALLOWAY, BLAKE AND RAFFERTY, JUNE 22, 2017 AS AMENDED ON THIRD CONSIDERATION, MARCH 19, 2018 AN ACT Amending Title 3 (Agriculture) of the Pennsylvania Consolidated providing for fertilizer;
providing for fertilizer;
and, in seed, <-- further providing for disposition of funds;
and, in seed, further providing for disposition of funds.
AND IMPOSING <-- DUTIES ON THE DEPARTMENT OF AGRICULTURE.
20170SB0792PN1547 - 2 - (2) has 85% or more of its plant nutrient content present in the form of a single chemical compound;
(2) has 85% or more of its plant nutrient content 20170SB0792PN1004 - 2 - present in the form of a single chemical compound;
"Labeling." All written, printed or graphic matter upon or accompanying any fertilizer or advertisements, brochures, posters or electronic media used in promoting the distribution 20170SB0792PN1547 - 3 - of 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 of fertilizer.
"Manufacture." To produce, mix, blend, repackage or further process fertilizer or fertilizer material for distribution.
20170SB0792PN1004 - 3 - "Manufacture." To produce, mix, blend, repackage or further process fertilizer or fertilizer material for distribution.
(a) General rule.--Every person engaged in the manufacture of fertilizer to be distributed in this Commonwealth and every 20170SB0792PN1547 - 4 - 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.
(a) General rule.--Every person engaged in the manufacture of fertilizer to be distributed in this Commonwealth and every guarantor of fertilizer shall, on or before July 1 of each year 20170SB0792PN1004 - 4 - or prior to manufacture or distribution, apply for and obtain an annual license for each guarantor and each facility located in this Commonwealth.
20170SB0792PN1547 - 5 - (4) The net weight.
(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.
20170SB0792PN1004 - 5 - (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.
(c) Other guarantees.--Guarantees for other nutrients shall 20170SB0792PN1547 - 6 - be expressed in the form of the element.
(c) Other guarantees.--Guarantees for other nutrients shall 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 20170SB0792PN1004 - 6 - require by regulation that the source of such other nutrients be stated on the application for registration and may be required on the label.
In no 20170SB0792PN1547 - 7 - case shall the inspection fee paid semiannually amount to less than $25.
In no case shall the inspection fee paid semiannually amount to 20170SB0792PN1004 - 7 - less than $25.
(a) General rule.--The guarantor whose name appears on the 20170SB0792PN1547 - 8 - 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.
(a) General rule.--The guarantor whose name appears on the label shall submit, along with the requisite inspection fee, a 20170SB0792PN1004 - 8 - 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.
(a) General rule.--The department shall inspect, sample, 20170SB0792PN1547 - 9 - 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.
(a) General rule.--The department shall inspect, sample, make analyses of and test fertilizers distributed within this 20170SB0792PN1004 - 9 - 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.
Upon request, the department shall furnish to the guarantor a portion of any 20170SB0792PN1547 - 10 - sample that is subject to penalty or other legal action.
Upon request, the department shall furnish to the guarantor a portion of any sample that is subject to penalty or other legal action.
Such requests must be made within 30 days of notification of sample violations.
Such 20170SB0792PN1004 - 10 - requests must be made within 30 days of notification of sample violations.
20170SB0792PN1547 - 11 - (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.
(c) Deficiencies in mixed fertilizers.--A deficiency in an 20170SB0792PN1004 - 11 - 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.
20170SB0792PN1547 - 12 - (a) General rule.--No person shall distribute an adulterated fertilizer product.
(a) General rule.--No person shall distribute an adulterated 20170SB0792PN1004 - 12 - fertilizer product.
If any fertilizer in the possession of a consumer is found by the department to be short in weight, the guarantor of that 20170SB0792PN1547 - 13 - 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.
If any fertilizer in the possession of a consumer is found by the department to be short in weight, the guarantor of that fertilizer shall, within 30 days after official notice from the 20170SB0792PN1004 - 13 - department, submit to the consumer a penalty payment of two times the value of the actual shortage.
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 20170SB0792PN1547 - 14 - 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.
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 of the fertilizer be ordered by the department without first 20170SB0792PN1004 - 14 - 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.
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 20170SB0792PN1547 - 15 - 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.
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 shall, upon conviction, be subject to a term of imprisonment of 20170SB0792PN1004 - 15 - not more than one year or a fine of not more than $2,500, 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 20170SB0792PN1547 - 16 - than one year, 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 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.
20170SB0792PN1004 - 16 - (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.
(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 20170SB0792PN1547 - 17 - warning in writing.
(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 warning in writing.
§ 6724.
20170SB0792PN1004 - 17 - § 6724.
CHAPTER 67A <-- FERTILIZER Subchapter A.
CHAPTER 67A FERTILIZER Subchapter A.
20170SB0792PN1547 - 18 - 67A01.
67A01.
67A02.
20170SB0792PN1004 - 18 - 67A02.
"Certified applicator." Any person who is certified under 20170SB0792PN1547 - 19 - section 67A23 (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.
"Certified applicator." Any person who is certified under section 67A23 (relating to certification of applicators) as 20170SB0792PN1004 - 19 - competent to use or supervise the use of fertilizer or train fertilizer technicians on the proper application of fertilizer.
(4) Horticultural specialties, including nursery stock 20170SB0792PN1547 - 20 - ornamental shrubs, ornamental trees and flowers.
(4) Horticultural specialties, including nursery stock ornamental shrubs, ornamental trees and flowers.
(5) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs.
20170SB0792PN1004 - 20 - (5) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs.
"Fertilizer." A 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 the 20170SB0792PN1547 - 21 - department's regulations.
"Fertilizer." A 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 the department's regulations.
"Fertilizer application business." A governmental or public entity, commercial applicator or business for profit or not-for- profit that applies fertilizer on the property or premises of another or that applies fertilizer to the property or premises of a golf course, park, school, college or university, public playground or to an athletic field.
20170SB0792PN1004 - 21 - "Fertilizer application business." A governmental or public entity, commercial applicator or business for profit or not-for- profit that applies fertilizer on the property or premises of another or that applies fertilizer to the property or premises of a golf course, park, school, college or university, public playground or to an athletic field.
"Fertilizer use category." The end use of the fertilizer, 20170SB0792PN1547 - 22 - such as agricultural, nonagricultural or unknown.
"Fertilizer use category." The end use of the fertilizer, such as agricultural, nonagricultural or unknown.
"Governmental or public entity." An executive or independent agency or governmental unit of the Commonwealth or local agency, including a county, city, borough, town, township, school district, municipal authority or political subdivision of the Commonwealth.
20170SB0792PN1004 - 22 - "Governmental or public entity." An executive or independent agency or governmental unit of the Commonwealth or local agency, including a county, city, borough, town, township, school district, municipal authority or political subdivision of the Commonwealth.
"Impervious surface." A structure, surface or improvement, including, but not limited to, a roadway, sidewalk, parking lot, driveway or patio constructed out of plastic, concrete, asphalt or other material that reduces or prevents infiltration of water 20170SB0792PN1547 - 23 - into the soil.
"Impervious surface." A structure, surface or improvement, including, but not limited to, a roadway, sidewalk, parking lot, driveway or patio constructed out of plastic, concrete, asphalt or other material that reduces or prevents infiltration of water into the soil.
"Intermittent stream." A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water which, during periods of the year, is below the water table and obtains its flow from both surface runoff and groundwater discharges.
20170SB0792PN1004 - 23 - "Intermittent stream." A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water which, during periods of the year, is below the water table and obtains its flow from both surface runoff and groundwater discharges.
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20170SB0792PN1547 - 24 - "Natural organic fertilizer." A fertilizer derived from either plant or animal products containing one or more elements, other than carbon, hydrogen and oxygen, which are essential for plant growth.
"Natural organic fertilizer." A fertilizer derived from 20170SB0792PN1004 - 24 - either plant or animal products containing one or more elements, other than carbon, hydrogen and oxygen, which are essential for plant growth.
"Perennial stream." A body of water flowing in a channel or bed composed primarily of substrates associated with flowing 20170SB0792PN1547 - 25 - waters and capable, in the absence of pollution or other manmade stream disturbances, of supporting bottom-dwelling aquatic animals.
"Perennial stream." A body of water flowing in a channel or bed composed primarily of substrates associated with flowing waters and capable, in the absence of pollution or other manmade 20170SB0792PN1004 - 25 - stream disturbances, of supporting bottom-dwelling aquatic animals.
20170SB0792PN1547 - 26 - "Specialty fertilizer." A fertilizer distributed for nonfarm use or a fertilizer primarily intended to supply plant nutrients other than nitrogen, phosphate or potash.
"Specialty fertilizer." A fertilizer distributed for nonfarm 20170SB0792PN1004 - 26 - use or a fertilizer primarily intended to supply plant nutrients other than nitrogen, phosphate or potash.
20170SB0792PN1547 - 27 - (a) General rule.--Every 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 the fee as is later established in the manner set forth under section 67A75 (relating to fees, fines, and civil penalties).
(a) General rule.--Every person engaged in the manufacture 20170SB0792PN1004 - 27 - 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 the fee as is later established in the manner set forth under section 67A75 (relating to fees, fines, and civil penalties).
20170SB0792PN1547 - 28 - (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.
(a) Application.--Each brand and grade of specialty 20170SB0792PN1004 - 28 - fertilizer shall be registered by the guarantor with the department before being offered for sale, sold or distributed in this Commonwealth.
(d) Late fee.--If the application for renewal of the specialty fertilizer registration required under this section is not filed prior to June 30 of each year, a penalty of $25 or 10% of the total registration fee for all products sought to be 20170SB0792PN1547 - 29 - registered, whichever is greater, or any fee as is later established in the manner set forth under section 67A75, may be assessed and added to the original fee and shall be paid by the applicant before the renewal of the specialty fertilizer registration.
(d) Late fee.--If the application for renewal of the specialty fertilizer registration required under this section is not filed prior to June 30 of each year, a penalty of $25 or 10% of the total registration fee for all products sought to be registered, whichever is greater, or any fee as is later 20170SB0792PN1004 - 29 - established in the manner set forth under section 67A75, may be assessed and added to the original fee and shall be paid by the applicant before the renewal of the specialty fertilizer registration.
When any plant nutrients 20170SB0792PN1547 - 30 - 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.
When any plant nutrients or other substances or compounds are guaranteed, they shall be 20170SB0792PN1004 - 30 - subject to inspection and analysis in accordance with the methods and regulation prescribed by the department.
20170SB0792PN1547 - 31 - (iv) Any material that lands on an impervious surface shall be swept back onto the lawn.
(iv) Any material that lands on an impervious 20170SB0792PN1004 - 31 - surface shall be swept back onto the lawn.
(iv) Panel size is between 100 and 400 square 20170SB0792PN1547 - 32 - inches, minimum statement type size one-quarter inch.
(iv) Panel size is between 100 and 400 square inches, minimum statement type size one-quarter inch.
(v) Panel size is greater than 400 square inches, minimum statement type size one-half inch.
20170SB0792PN1004 - 32 - (v) Panel size is greater than 400 square inches, minimum statement type size one-half inch.
or (iv) as an enhanced-efficiency phosphorus fertilizer, natural organic fertilizer, organic-base 20170SB0792PN1547 - 33 - fertilizer or fertilizer derived from a by-product, as long as the application rate does not exceed 0.25 pounds of phosphorus per 1,000 square feet per application, with a maximum total annual application of 0.5 pounds of phosphorus per 1,000 square feet, when applied pursuant to the instructions on the container.
or (iv) as an enhanced-efficiency phosphorus fertilizer, natural organic fertilizer, organic-base fertilizer or fertilizer derived from a by-product, as 20170SB0792PN1004 - 33 - long as the application rate does not exceed 0.25 pounds of phosphorus per 1,000 square feet per application, with a maximum total annual application of 0.5 pounds of phosphorus per 1,000 square feet, when applied pursuant to the instructions on the container.
20170SB0792PN1547 - 34 - (3) Where a guarantor's name appears on the label of fertilizers distributed in this Commonwealth in both packages of less and more than 15 pounds, the inspection fee established under paragraph (2) shall be paid for its brands and grades sold in packages of 15 pounds or less and the inspection fee provided for under paragraph (1) shall be paid for its packages of more than 15 pounds.
(3) Where a guarantor's name appears on the label of 20170SB0792PN1004 - 34 - fertilizers distributed in this Commonwealth in both packages of less and more than 15 pounds, the inspection fee established under paragraph (2) shall be paid for its brands and grades sold in packages of 15 pounds or less and the inspection fee provided for under paragraph (1) shall be paid for its packages of more than 15 pounds.
The department may promulgate regulations to establish additional tonnage reporting 20170SB0792PN1547 - 35 - requirements.
The department may promulgate regulations to establish additional tonnage reporting requirements.
(b) Multiple guarantors.--When more than one guarantor is involved in the distribution of fertilizer, the guarantor who distributed the fertilizer last shall report the tonnage and pay the inspection fee, unless the report and payment have been made by a prior distributor.
20170SB0792PN1004 - 35 - (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.
(a) General rule.--The department shall inspect, sample, 20170SB0792PN1547 - 36 - 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 an extent the department may deem necessary to determine whether the fertilizers are in compliance with the provisions of this chapter.
(a) General rule.--The department shall inspect, sample, make analyses of and test fertilizers distributed within this 20170SB0792PN1004 - 36 - Commonwealth and shall inspect the storage of bulk fertilizer at any time and place and to an extent the department may deem necessary to determine whether the fertilizers are in compliance with the provisions of this chapter.
Requests must be made within 30 days of receipt of a fertilizer 20170SB0792PN1547 - 37 - deficiency report or an official report of analysis.
Requests must be made within 30 days of receipt of a fertilizer deficiency report or an official report of analysis.
§ 67A18.
20170SB0792PN1004 - 37 - § 67A18.
(c) Deficiencies in fertilizers.--A deficiency in an official sample of mixed fertilizer resulting from nonuniformity 20170SB0792PN1547 - 38 - 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 under this chapter.
(c) Deficiencies in fertilizers.--A deficiency in an official sample of mixed fertilizer resulting from nonuniformity shall not be deemed distinguishable from a deficiency due to 20170SB0792PN1004 - 38 - actual plant nutrient shortage and shall be deemed a violation of this chapter for which the department may assess any penalty as provided for under this chapter.
20170SB0792PN1547 - 39 - No person shall distribute an adulterated fertilizer product.
No person shall distribute an adulterated fertilizer product.
A fertilizer shall be deemed to be adulterated if any of the following apply:
20170SB0792PN1004 - 39 - A fertilizer shall be deemed to be adulterated if any of the following apply:
A fertilizer application business with more than 20170SB0792PN1547 - 40 - one place of business or that is operating under more than one name in this Commonwealth shall license each location, place of business and business entity.
A fertilizer application business with more than one place of business or that is operating under more than one 20170SB0792PN1004 - 40 - name in this Commonwealth shall license each location, place of business and business entity.
20170SB0792PN1547 - 41 - (1) a list of all certified applicators employed by the business;
(1) a list of all certified applicators employed by the 20170SB0792PN1004 - 41 - business;
(a) Condition.--A commercial applicator or public applicator for a fertilizer application business must be certified under the requirements established under this chapter and the 20170SB0792PN1547 - 42 - department's regulations prior to:
(a) Condition.--A commercial applicator or public applicator for a fertilizer application business must be certified under the requirements established under this chapter and the department's regulations prior to:
(1) applying fertilizer or conducting training of fertilizer technicians;
20170SB0792PN1004 - 42 - (1) applying fertilizer or conducting training of fertilizer technicians;
20170SB0792PN1547 - 43 - (3) The department shall require a minimum examination fee of $10 or the fee as is later established in the manner set forth under section 67A75 (relating to fees, fines and civil penalties).
(3) The department shall require a minimum examination 20170SB0792PN1004 - 43 - fee of $10 or the fee as is later established in the manner set forth under section 67A75 (relating to fees, fines and civil penalties).
20170SB0792PN1547 - 44 - (1) Commercial applicator certification shall expire on September 30 of each year following the date of certification.
(1) Commercial applicator certification shall expire on 20170SB0792PN1004 - 44 - September 30 of each year following the date of certification.
20170SB0792PN1547 - 45 - (3) Environmental protection.
(3) Environmental protection.
(4) Equipment use, calibration and dosage calculations.
20170SB0792PN1004 - 45 - (4) Equipment use, calibration and dosage calculations.
(2) Training shall be approved for continuing education credits at the rate of one credit per 60 minutes, or as later 20170SB0792PN1547 - 46 - established by regulation, of applicable instruction, exclusive of coffee breaks, lunches, visits to exhibits and other similar activities.
(2) Training shall be approved for continuing education credits at the rate of one credit per 60 minutes, or as later established by regulation, of applicable instruction, 20170SB0792PN1004 - 46 - exclusive of coffee breaks, lunches, visits to exhibits and other similar activities.
§ 4904 (relating to unsworn falsification to authorities) or its 20170SB0792PN1547 - 47 - successor statute.
§ 4904 (relating to unsworn falsification to authorities) or its successor statute.
(f) Assignment of credits.--Credits shall be assigned to each training course based upon the subjects covered and the amount of time expended on each subject.
20170SB0792PN1004 - 47 - (f) Assignment of credits.--Credits shall be assigned to each training course based upon the subjects covered and the amount of time expended on each subject.
Falsification of attendance at a continuing education course by a person shall be considered a violation of this chapter for which the department may assess a penalty as provided for under this chapter and revoke the applicator's certification and require full renewal of 20170SB0792PN1547 - 48 - certification as required under section 67A23 (relating to certification of applicators).
Falsification of attendance at a continuing education course by a person shall be considered a violation of this chapter for which the department may assess a penalty as provided for under this chapter and revoke the applicator's certification and require full renewal of certification as required under section 67A23 (relating to 20170SB0792PN1004 - 48 - certification of applicators).
(b) Requirements.--Fertilizer technicians shall be an 20170SB0792PN1547 - 49 - employee of the business and trained by a certified applicator who is an employee of the same business.
(b) Requirements.--Fertilizer technicians shall be an employee of the business and trained by a certified applicator 20170SB0792PN1004 - 49 - who is an employee of the same business.
20170SB0792PN1547 - 50 - (g) Record.--At the completion of training, the certified applicator conducting the training shall complete a record of training.
(g) Record.--At the completion of training, the certified 20170SB0792PN1004 - 50 - applicator conducting the training shall complete a record of training.
For continuous applications, such as hydroponics or drip lines, the record shall include start and finish dates and 20170SB0792PN1547 - 51 - the total amount of fertilizer products used during that time period.
For continuous applications, such as hydroponics or drip lines, the record shall include start and finish dates and the total amount of fertilizer products used during that time 20170SB0792PN1004 - 51 - period.
20170SB0792PN1547 - 52 - (2) Report to the department, prior to January 31 of each year, the total tonnage of nitrogen-based material utilized in the previous calendar year.
(2) Report to the department, prior to January 31 of 20170SB0792PN1004 - 52 - each year, the total tonnage of nitrogen-based material utilized in the previous calendar year.
Any fertilizer inadvertently applied to an impervious surface shall be removed from the impervious surface immediately 20170SB0792PN1547 - 53 - following the application.
Any fertilizer inadvertently applied to an impervious surface shall be removed from the impervious surface immediately following the application.
(2) Apply fertilizer containing nitrogen or phosphorus to turf at any time when the ground is frozen to a depth of at least two inches or snow covered.
20170SB0792PN1004 - 53 - (2) Apply fertilizer containing nitrogen or phosphorus to turf at any time when the ground is frozen to a depth of at least two inches or snow covered.
(2) not exceed 0.9 pounds of total nitrogen per 1,000 20170SB0792PN1547 - 54 - square feet per application;
(2) not exceed 0.9 pounds of total nitrogen per 1,000 square feet per application;
and (3) contain zero phosphorus, except when specifically labeled for the following purposes:
and 20170SB0792PN1004 - 54 - (3) contain zero phosphorus, except when specifically labeled for the following purposes:
(d) Golf courses.--The use of enhanced efficiency fertilizer 20170SB0792PN1547 - 55 - shall not be required on the tees, fairways or greens of a golf course.
(d) Golf courses.--The use of enhanced efficiency fertilizer shall not be required on the tees, fairways or greens of a golf 20170SB0792PN1004 - 55 - course.
20170SB0792PN1547 - 56 - (7) Refuse to display their license or certification number in a manner as required by this chapter or the regulations of the department.
(7) Refuse to display their license or certification 20170SB0792PN1004 - 56 - number in a manner as required by this chapter or the regulations of the department.
(6) Aid or abet another to evade the provisions of this chapter, a regulation promulgated hereunder or an order issued under the authority of this chapter, conspire with 20170SB0792PN1547 - 57 - another for that purpose or allow a certification to be used by another.
(6) Aid or abet another to evade the provisions of this chapter, a regulation promulgated hereunder or an order issued under the authority of this chapter, conspire with another for that purpose or allow a certification to be used 20170SB0792PN1004 - 57 - by another.
SUBCHAPTER G ADMINISTRATIVE AND PENALTY PROVISIONS 20170SB0792PN1547 - 58 - Sec.
SUBCHAPTER G ADMINISTRATIVE AND PENALTY PROVISIONS Sec.
67A61.
20170SB0792PN1004 - 58 - 67A61.
20170SB0792PN1547 - 59 - The department may, where necessary, promulgate and enforce rules and regulations necessary for administration and implementation of this chapter.
The department may, where necessary, promulgate and enforce 20170SB0792PN1004 - 59 - rules and regulations necessary for administration and implementation of this chapter.
Fertilizer placed under the order shall be held at a designated place approved by 20170SB0792PN1547 - 60 - the department and not moved in any way without written approval by the department.
Fertilizer placed under the order shall be held at a designated place approved by the department and not moved in any way without written approval 20170SB0792PN1004 - 60 - by the department.
A person who willfully or intentionally interferes with an employee or officer of the department in the performance of that 20170SB0792PN1547 - 61 - employee's or officer's duties or activities authorized under this chapter commits a misdemeanor of the third degree and shall, upon conviction, be subject to a term of imprisonment for not more than one year or a fine of not more than $2,500, or both.
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 20170SB0792PN1004 - 61 - this chapter commits a misdemeanor of the third degree and shall, upon conviction, be subject to a term of imprisonment for not more than one year or a fine of not more than $2,500, or both.
20170SB0792PN1547 - 62 - (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.
(2) No civil penalty shall be assessed unless the person 20170SB0792PN1004 - 62 - 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.
20170SB0792PN1547 - 63 - (f) District attorney.--It is the duty of each district attorney to whom any criminal violation of this chapter is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(f) District attorney.--It is the duty of each district 20170SB0792PN1004 - 63 - attorney to whom any criminal violation of this chapter is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(c) Bonds not required.--The Commonwealth may not be required to furnish bond or other security in connection with 20170SB0792PN1547 - 64 - proceedings under this section.
(c) Bonds not required.--The Commonwealth may not be required to furnish bond or other security in connection with proceedings under this section.
(d) Civil penalties.--In addition to an injunction, the court may levy civil penalties as provided under this chapter.
20170SB0792PN1004 - 64 - (d) Civil penalties.--In addition to an injunction, the court may levy civil penalties as provided under this chapter.
(a) Insufficient revenues.--If the revenues raised by fees, fines and civil penalties imposed under this chapter are not sufficient to meet expenditures for the administration and enforcement of this chapter over a two-year period, the department may increase those fees so that the project revenues 20170SB0792PN1547 - 65 - will meet or exceed projected expenditures.
(a) Insufficient revenues.--If the revenues raised by fees, fines and civil penalties imposed under this chapter are not sufficient to meet expenditures for the administration and enforcement of this chapter over a two-year period, the department may increase those fees so that the project revenues will meet or exceed projected expenditures.
(b) Notice and effective date.--The department shall announce the adjustment of fees, fines and penalties by publishing a notice in the Pennsylvania Bulletin.
20170SB0792PN1004 - 65 - (b) Notice and effective date.--The department shall announce the adjustment of fees, fines and penalties by publishing a notice in the Pennsylvania Bulletin.
20170SB0792PN1547 - 66 - (c) Stricter requirements.--Nothing in this chapter shall prevent a political subdivision or home rule municipality from adopting and enforcing ordinances or regulations which are consistent with and no more stringent than the requirements of this chapter and the regulations or guidelines promulgated under this chapter.
(c) Stricter requirements.--Nothing in this chapter shall 20170SB0792PN1004 - 66 - prevent a political subdivision or home rule municipality from adopting and enforcing ordinances or regulations which are consistent with and no more stringent than the requirements of this chapter and the regulations or guidelines promulgated under this chapter.
Specific appropriation.--The sum of $100,000 is hereby appropriated to the department to be deposited in the Agronomic Regulatory Account, for use by the Department of Agriculture to develop the certification and recertification 20170SB0792PN1547 - 67 - courses required under 3 Pa.C.S.
Specific appropriation.--The sum of $100,000 is hereby appropriated to the department to be deposited in the Agronomic Regulatory Account, for use by the Department of Agriculture to develop the certification and recertification courses required under 3 Pa.C.S.
§§ 67A22 (relating to licensing of fertilizer application businesses) and 67A23 (relating to certification of applicators) and any computer programming or software necessary for administration and enforcement of 3 Pa.C.S.
§§ 67A22 (relating to licensing 20170SB0792PN1004 - 67 - of fertilizer application businesses) and 67A23 (relating to certification of applicators) and any computer programming or software necessary for administration and enforcement of 3 Pa.C.S.
CHAPTER 68 <-- FERTILIZER SUBCHAPTER A.
20170SB0792PN1004 - 68 -
GENERAL PROVISIONS B.
FERTILIZER MANUFACTURERS AND GUARANTORS C.
APPLICATOR LICENSING AND CERTIFICATION D.
RECORDKEEPING FOR APPLICATORS E.
APPLICATION RATES, REQUIREMENTS AND PROHIBITIONS F.
AGRICULTURAL AND HOMEOWNER EDUCATION PROGRAM G.
ADMINISTRATION AND PENALTIES SUBCHAPTER A GENERAL PROVISIONS SEC.
6801.
SHORT TITLE OF CHAPTER.
20170SB0792PN1547 - 68 - 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, OR ITS SUCCESSOR STATUTE, THAT CONTAINS A PLANT NUTRIENT AND MEETS ALL APPLICABLE REGULATIONS OF THE 20170SB0792PN1547 - 69 - 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 WHEREIN A RESIDENT OF THIS COMMONWEALTH MAY FULFILL THE COMPULSORY SCHOOL ATTENDANCE REQUIREMENTS AND WHICH MEETS THE APPLICABLE REQUIREMENTS OF TITLE IV OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C.A.
§ 2000C) (PUBLIC LAW 88-352, 78 STAT.
241), OR ITS SUCCESSOR STATUTE.
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.
A PERSON CONDUCTING RESEARCH AT A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY OR A STATE-RELATED UNIVERSITY THAT APPLIES FERTILIZER TO TEST PLOTS SHALL NOT BE DEEMED A COMMERCIAL APPLICATOR.
(5) A PUBLIC PLAYGROUND OR AN ATHLETIC FIELD.
"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, WHICH MAY RESULT FROM A LACK OF 20170SB0792PN1547 - 70 - 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 WHO 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, WHEN COMPARED TO AN APPROPRIATE REFERENCE PRODUCT AS DETERMINED BY THE DEPARTMENT BY PUBLISHING A NOTICE IN THE PENNSYLVANIA BULLETIN.
"FACILITY." EACH SEPARATE MILL OR PLANT THAT MANUFACTURES FERTILIZER.
"FERTILIZER." A SUBSTANCE 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 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 WHICH IS REGULATED UNDER:
(1) 25 PA.
CODE § 91.36(B) (RELATING TO POLLUTION CONTROL AND PREVENTION AT AGRICULTURAL OPERATIONS);
(2) CHAPTER 5 (RELATING TO NUTRIENT MANAGEMENT AND ODOR MANAGEMENT);
OR (3) THE ACT OF JUNE 28, 2004 (P.L.454, NO.49), KNOWN AS THE COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION ACT.
"FERTILIZER APPLICATION BUSINESS." A GOVERNMENTAL OR PUBLIC ENTITY, COMMERCIAL APPLICATOR OR BUSINESS FOR PROFIT OR NOT FOR 20170SB0792PN1547 - 71 - PROFIT THAT APPLIES FERTILIZER:
(1) ON THE PROPERTY OR PREMISES OF ANOTHER;
(2) TO THE PROPERTY OR PREMISES OF A GOLF COURSE, PARK, SCHOOL, COLLEGE OR UNIVERSITY OR PUBLIC PLAYGROUND;
OR (3) TO 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 WHICH:
(1) CONTAINS ONLY ONE OF THE FOLLOWING PRIMARY PLANT NUTRIENTS:
(I) NITROGEN;
(II) PHOSPHATE;
OR (III) POTASH;
(2) HAS 85% OR MORE OF ITS PLANT NUTRIENT CONTENT PRESENT IN THE FORM OF A SINGLE CHEMICAL COMPOUND;
OR (3) IS DERIVED FROM A PLANT OR ANIMAL RESIDUE, BY- PRODUCT, COPRODUCT AS DEFINED IN 25 PA.
CODE § 287.1 (RELATING TO DEFINITIONS) OR NATURAL MATERIAL DEPOSIT WHICH 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;
AND (3) WORKS UNDER THE DIRECTION OF A CERTIFIED APPLICATOR.
"GOVERNMENTAL OR PUBLIC ENTITY." AN EXECUTIVE OR INDEPENDENT AGENCY OR GOVERNMENTAL UNIT OF THE COMMONWEALTH OR LOCAL AGENCY, 20170SB0792PN1547 - 72 - INCLUDING A COUNTY, CITY, BOROUGH, TOWN, TOWNSHIP, SCHOOL DISTRICT, MUNICIPAL AUTHORITY OR POLITICAL SUBDIVISION OF THE COMMONWEALTH.
"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.
SPECIALTY FERTILIZERS MAY BE GUARANTEED IN FRACTIONAL UNITS OF LESS THAN 1% OF TOTAL NITROGEN, AVAILABLE PHOSPHATE AND SOLUBLE POTASH, 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 REGULATION.
"GUARANTOR." A PERSON, INCLUDING A MANUFACTURER OR DISTRIBUTOR, WHOSE NAME AND ADDRESS APPEARS ON THE LABEL OF FERTILIZER.
"IMPERVIOUS SURFACE." A STRUCTURE, SURFACE OR IMPROVEMENT, INCLUDING, BUT NOT LIMITED TO, A ROADWAY, SIDEWALK, PARKING LOT, DRIVEWAY OR PATIO CONSTRUCTED OUT OF PLASTIC, CONCRETE, ASPHALT OR OTHER MATERIAL THAT REDUCES OR PREVENTS INFILTRATION OF WATER INTO THE SOIL.
"LABEL." THE DISPLAY OF ALL WRITTEN, PRINTED OR GRAPHIC 20170SB0792PN1547 - 73 - 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 OF THE 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, WHICH 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 DERIVED FROM EITHER PLANT OR ANIMAL PRODUCTS CONTAINING ONE OR MORE ELEMENTS, OTHER THAN CARBON, HYDROGEN AND OXYGEN, WHICH ARE ESSENTIAL FOR PLANT GROWTH.
THESE MATERIALS MAY BE SUBJECTED TO BIOLOGICAL DEGRADATION PROCESSES UNDER NORMAL CONDITIONS OF AGING, 20170SB0792PN1547 - 74 - RAINFALL, SUN CURING, AIR DRYING, COMPOSTING, ROTTING, ENZYMATIC OR ANAEROBIC OR AEROBIC BACTERIAL ACTION OR ANY COMBINATION OF THESE PROCESSES.
THESE MATERIALS SHALL NOT BE 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 WHERE:
(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 WHICH INCLUDES A PUBLIC RECREATIONAL AREA, INCLUDING 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.
20170SB0792PN1547 - 75 - "PRIMARY NUTRIENT." ANY OF THE FOLLOWING:
(1) NITROGEN.
(2) PHOSPHORUS.
(3) POTASSIUM.
"PUBLIC APPLICATOR." A PERSON EMPLOYED BY A GOVERNMENTAL OR PUBLIC ENTITY WHO APPLIES OR SUPERVISES THE APPLICATION OF FERTILIZER AS PART OF THE APPLICATOR'S EMPLOYMENT DUTIES.
"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, ENHANCING WATER INFILTRATION AND MINIMIZING 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, GOLF COURSES AND PRIVATELY OR PUBLICLY OWNED LAND, THAT IS PLANTED IN CLOSELY MOWED, MANAGED GRASS, EXCEPT FOR LAND 20170SB0792PN1547 - 76 - USED FOR AGRICULTURAL PRODUCTION.
SUBCHAPTER B 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.
INSPECTION, SAMPLING AND ANALYSIS.
6818.
PLANT FOOD DEFICIENCY.
6819.
COMMERCIAL VALUE.
6820.
MISBRANDING.
6821.
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 LATER ESTABLISHED IN THE MANNER UNDER SECTION 6885 (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 20170SB0792PN1547 - 77 - ALSO REQUIRE AN APPLICANT OR FERTILIZER LICENSEE TO PROVIDE A TYPICAL ANALYSIS OF SELECTED COMPONENTS THAT MAY BE IN THE FERTILIZER.
§ 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 LATER ESTABLISHED IN THE MANNER UNDER SECTION 6885 (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 WHICH IS ALREADY REGISTERED UNDER THIS CHAPTER BY ANOTHER PERSON, IF THE LABEL DOES NOT DIFFER IN A MATERIAL RESPECT.
(2) REGISTRATION IS NOT REQUIRED WHEN A FERTILIZER IS FORMULATED ACCORDING TO THE SPECIFICATIONS WHICH ARE FURNISHED BY THE END USER AND IS NOT FURTHER DISTRIBUTED OR OFFERED FOR SALE TO THE GENERAL PUBLIC.
(D) LATE FEE.--IF THE APPLICATION FOR RENEWAL OF THE 20170SB0792PN1547 - 78 - SPECIALTY FERTILIZER REGISTRATION REQUIRED UNDER THIS SECTION IS NOT FILED PRIOR TO JUNE 30 OF EACH YEAR, A PENALTY OF $25 OR 10% OF THE TOTAL REGISTRATION FEE FOR ALL PRODUCTS SOUGHT TO BE REGISTERED, WHICHEVER IS GREATER, OR A FEE LATER ESTABLISHED IN THE MANNER UNDER SECTION 6885, 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.
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) CONTAIN NO MORE THAN 0.9 POUNDS OF TOTAL NITROGEN PER 1,000 SQUARE FEET WHEN APPLIED PURSUANT TO THE INSTRUCTIONS ON THE CONTAINER.
(2) CONSIST OF AT LEAST 20% ENHANCED EFFICIENCY NITROGEN OF THE TOTAL NITROGEN OR AS DETERMINED BY THE DEPARTMENT BY PUBLISHING A NOTICE IN THE PENNSYLVANIA BULLETIN.
(3) 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 20170SB0792PN1547 - 79 - THE REQUIREMENTS OF SECTION 6852 (RELATING TO APPLICATION OF 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 HAVE PLACED ON OR AFFIXED TO THE CONTAINER A LABEL SETTING FORTH IN LEGIBLE AND CONSPICUOUS FORM THE FOLLOWING:
(1) THE BRAND AND GRADE OF THE FERTILIZER, BUT THE GRADE SHALL NOT BE REQUIRED WHEN 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 20170SB0792PN1547 - 80 - PROOF OF LABELING CLAIMS MADE FOR FERTILIZER.
RESEARCH IN SUPPORT OF THE CLAIMS SHALL 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 WHICH 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) THIS PRODUCT SHALL NOT BE APPLIED NEAR WATER, STORM DRAINS OR DRAINAGE DITCHES.
(2) THIS PRODUCT SHALL NOT BE APPLIED IF HEAVY RAIN IS EXPECTED.
(3) THIS PRODUCT SHALL ONLY BE APPLIED TO THE INTENDED APPLICATION SITE.
(4) MATERIAL THAT LANDS ON AN IMPERVIOUS SURFACE SHALL BE SWEPT BACK ONTO THE TURF.
THIS STATEMENT SHALL NOT BE REQUIRED 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 20170SB0792PN1547 - 81 - THAT ARE 40 POUNDS OR GREATER, THAT IS DISTRIBUTED TO END USERS IN THIS COMMONWEALTH SHALL INCLUDE A STATEMENT, IN LEGIBLE AND CONSPICUOUS FORM THAT AT A MINIMUM SETS FORTH THE FOLLOWING REQUIREMENTS:
(1) THIS PRODUCT SHALL NOT BE APPLIED NEAR WATER, STORM DRAINS OR DRAINAGE DITCHES OR TO ANY IMPERVIOUS SURFACE.
(2) THIS PRODUCT SHALL NOT BE APPLIED IF HEAVY RAIN IS EXPECTED.
(3) THIS PRODUCT SHALL 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 UNITED STATES 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 NOT BE SMALLER THAN THE HEIGHT OF THE FONT USED FOR THE DIRECTIONS FOR USE ON THE PRODUCT LABELING.
(K) EXEMPTION.--THE REQUIREMENTS OF SUBSECTION (H) AND OF THIS SECTION 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.
20170SB0792PN1547 - 82 - (A) AMOUNTS.--THE GUARANTOR WHOSE NAME APPEARS ON THE LABEL OF A FERTILIZER DISTRIBUTED IN THIS COMMONWEALTH SHALL PAY SEMIANNUALLY AND NOT LATER THAN JANUARY 31 AND JULY 31 OF EACH YEAR AN INSPECTION FEE AT THE RATE OF 17¢ PER TON OF FERTILIZER DISTRIBUTED IN THIS COMMONWEALTH OR A FEE LATER ESTABLISHED IN THE MANNER UNDER SECTION 6885 (RELATING TO FEES, FINES AND CIVIL PENALTIES).
IN NO CASE SHALL THE INSPECTION FEE PAID SEMIANNUALLY AMOUNT TO LESS THAN $25 OR A FEE LATER ESTABLISHED IN THE MANNER UNDER SECTION 6885.
(B) ADJUSTMENT OF FEES BY DEPARTMENT.-- (1) NOTWITHSTANDING SUBSECTION (A), FOLLOWING NOTICE TO THE 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 PUBLISHING A NOTICE 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 THE 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 20170SB0792PN1547 - 83 - 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 LATER ESTABLISHED IN THE MANNER UNDER SECTION 6885 (RELATING TO FEES, FINES AND CIVIL PENALTIES), SHALL BE IMPOSED FOR A 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 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 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.
§ 6817.
INSPECTION, SAMPLING AND ANALYSIS.
20170SB0792PN1547 - 84 - (A) AUTHORIZATION.--THE DEPARTMENT SHALL INSPECT, SAMPLE, MAKE ANALYSES OF AND TEST FERTILIZERS DISTRIBUTED WITHIN THIS COMMONWEALTH AND SHALL INSPECT THE STORAGE OF BULK FERTILIZER AT ANY TIME AND PLACE AND TO AN EXTENT THAT THE DEPARTMENT MAY DEEM NECESSARY TO DETERMINE WHETHER THE FERTILIZERS ARE IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER.
THE DEPARTMENT OR ITS AGENT MAY ENTER UPON PUBLIC OR PRIVATE PREMISES OR CARRIERS DURING REGULAR BUSINESS HOURS TO HAVE ACCESS TO FERTILIZER SUBJECT TO AND THE RECORDS RELATING TO THE PROVISIONS OF THIS CHAPTER OR THE REGULATIONS PROMULGATED UNDER THIS CHAPTER.
(B) METHODOLOGY.--THE METHODS OF FERTILIZER SAMPLING AND ANALYSIS BY THE DEPARTMENT SHALL INCLUDE THOSE METHODS ADOPTED BY THE ASSOCIATION OF OFFICIAL ANALYTICAL CHEMISTS INTERNATIONAL.
IN CASES NOT COVERED BY THOSE METHODS OR IN CASES WHERE IMPROVED METHODS ARE AVAILABLE, THE DEPARTMENT MAY ISSUE A TEMPORARY ORDER DEFINING THE METHOD TO BE UTILIZED.
THE METHOD DEFINED IN THE TEMPORARY ORDER SHALL BE EFFECTIVE UPON PUBLICATION IN THE PENNSYLVANIA BULLETIN.
THE TEMPORARY ORDER SHALL REMAIN IN EFFECT FOR A PERIOD NOT TO EXCEED ONE YEAR, UNLESS REISSUED, OR UNTIL THE NOTICE IS PROMULGATED AS A REGULATION.
(C) DEFICIENCY DETERMINATION.--IN DETERMINING WHETHER A FERTILIZER IS DEFICIENT IN NUTRIENTS, THE DEPARTMENT SHALL BE GUIDED SOLELY BY THE OFFICIAL SAMPLE OBTAINED AND ANALYZED AS PROVIDED FOR IN SUBSECTIONS (A) AND (B).
(D) MAINTENANCE 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 FERTILIZER DEFICIENCY REPORT OR AN OFFICIAL REPORT OF ANALYSIS.
UPON REQUEST, THE DEPARTMENT SHALL 20170SB0792PN1547 - 85 - FURNISH TO THE GUARANTOR A PORTION OF THE OFFICIAL SAMPLE.
REQUESTS MUST BE MADE WITHIN 30 DAYS OF RECEIPT OF A FERTILIZER DEFICIENCY REPORT OR AN OFFICIAL REPORT OF ANALYSIS.
§ 6818.
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 PLANT 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 PARAGRAPH (1)(I) AND (II), THE LARGER PENALTY PAYMENT SHALL APPLY.
ANY PENALTIES 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 20170SB0792PN1547 - 86 - OFFICIAL SAMPLE OF FERTILIZER RESULTING FROM NONUNIFORMITY SHALL NOT BE DEEMED DISTINGUISHABLE FROM A DEFICIENCY DUE TO ACTUAL PLANT NUTRIENT SHORTAGE AND SHALL BE DEEMED A VIOLATION OF THIS CHAPTER FOR WHICH THE DEPARTMENT MAY ASSESS A PENALTY AS PROVIDED FOR IN THIS CHAPTER.
§ 6819.
COMMERCIAL VALUE.
FOR THE PURPOSE OF DETERMINING THE COMMERCIAL VALUE TO BE APPLIED UNDER SECTION 6818 (RELATING TO PLANT FOOD DEFICIENCY), THE DEPARTMENT SHALL DETERMINE AND PUBLISH IN THE PENNSYLVANIA BULLETIN ANNUALLY THE VALUES PER POUND OF TOTAL NITROGEN, AVAILABLE PHOSPHATE AND SOLUBLE POTASH IN FERTILIZERS IN THIS COMMONWEALTH.
THE VALUES SO DETERMINED AND PUBLISHED IN THE PENNSYLVANIA BULLETIN SHALL GO INTO EFFECT JULY 1 OF EACH YEAR AND BE USED IN DETERMINING AND ASSESSING PENALTY PAYMENTS.
§ 6820.
MISBRANDING.
NO PERSON SHALL 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.
20170SB0792PN1547 - 87 - § 6821.
ADULTERATION.
NO PERSON SHALL DISTRIBUTE AN ADULTERATED FERTILIZER PRODUCT.
A FERTILIZER SHALL BE DEEMED TO BE ADULTERATED IF ANY OF THE FOLLOWING APPLY:
(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.
(4) IT CONTAINS VIABLE WEED SEED OR UNWANTED CROP SEED IN AMOUNTS EXCEEDING THE LIMIT WHICH 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.--A FERTILIZER APPLICATION BUSINESS MUST BE LICENSED PRIOR TO APPLYING FERTILIZER AND SHALL COMPLY WITH THE PROVISIONS OF THIS CHAPTER AND ANY REGULATION OR ORDER OF THE 20170SB0792PN1547 - 88 - DEPARTMENT.
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.
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.--A FERTILIZER APPLICATION BUSINESS MAY NOT BE OPERATED WITHOUT FIRST OBTAINING A FERTILIZER APPLICATION BUSINESS LICENSE.
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 6885 (RELATING TO FEES, FINES AND CIVIL PENALTIES).
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 FERTILIZER UNLESS THE PERSONS HAVE GONE THROUGH 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, 20170SB0792PN1547 - 89 - 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) OR ITS SUCCESSOR STATUTE.
(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 BE 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.
137 (RELATING TO AGRICULTURAL AIRCRAFT OPERATIONS) OR ITS SUCCESSOR REGULATIONS.
§ 6832.
CERTIFICATION OF APPLICATORS.
(A) CONDITION.--A COMMERCIAL APPLICATOR OR PUBLIC APPLICATOR FOR A FERTILIZER APPLICATION BUSINESS MUST BE CERTIFIED UNDER 20170SB0792PN1547 - 90 - THE REQUIREMENTS ESTABLISHED IN THIS CHAPTER AND THE DEPARTMENT'S REGULATIONS PRIOR TO:
(1) APPLYING FERTILIZER OR CONDUCTING TRAINING OF FERTILIZER TECHNICIANS;
AND (2) THE FERTILIZER APPLICATION BUSINESS APPLYING FERTILIZER.
(B) TRAINING.--ONLY A FULLY CERTIFIED APPLICATOR MAY TRAIN FERTILIZER TECHNICIANS.
(C) CERTIFICATION EXAMINATION.-- (1) A PERSON WISHING TO OBTAIN FULL CERTIFICATION UNDER THIS CHAPTER SHALL TAKE AND PASS A WRITTEN EXAMINATION PREPARED OR APPROVED BY THE DEPARTMENT AND SHALL DEMONSTRATE MINIMUM STANDARD PROFICIENCY ON THE BASIS OF A WRITTEN EXAMINATION CONDUCTED AT AN APPROVED TEST SITE UNDER THE DIRECTION OF THE DEPARTMENT OR ITS DESIGNATED AGENTS.
ALL FEES ASSOCIATED WITH THE CERTIFICATION EXAMINATION SHALL BE PAID IN FULL PRIOR TO THE ISSUANCE OF A CERTIFICATION CERTIFICATE BY THE DEPARTMENT.
(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.
20170SB0792PN1547 - 91 - (IX) ANY SUBJECT MATTER DEEMED APPROPRIATE BY THE DEPARTMENT'S REGULATIONS.
(3) THE DEPARTMENT SHALL REQUIRE A MINIMUM EXAMINATION FEE OF $10 OR A FEE LATER ESTABLISHED IN THE MANNER UNDER SECTION 6885 (RELATING TO FEES, FINES AND CIVIL PENALTIES).
(D) COMMERCIAL AND PUBLIC APPLICATORS.-- (1) A COMMERCIAL OR PUBLIC APPLICATOR'S CERTIFICATION SHALL NOT BE VALID UNTIL THE APPLICATOR IS ASSOCIATED WITH A FERTILIZER APPLICATION BUSINESS THAT IS LICENSED ACCORDING TO THE REQUIREMENTS OF SECTION 6831 (RELATING TO LICENSING OF FERTILIZER APPLICATION BUSINESSES).
(2) IF A COMMERCIAL OR PUBLIC APPLICATOR SEPARATES EMPLOYMENT FROM A FERTILIZER APPLICATION BUSINESS, THE ELIGIBILITY FOR CERTIFICATION SHALL REMAIN WITH THE APPLICATOR AND MAY BE TRANSFERRED TO ANOTHER FERTILIZER APPLICATION BUSINESS.
(E) ISSUANCE OF CERTIFICATION.--CERTIFICATION SHALL BE ISSUED TO A PERSON UPON SUCCESSFUL COMPLETION OF ALL CLASSROOM, EXAMINATION, TESTING AND CERTIFICATION REQUIREMENTS ESTABLISHED BY THIS CHAPTER, AN ORDER OF THE DEPARTMENT AND REGULATIONS OF THE DEPARTMENT AND THE PAYMENT OF ALL FEES, UNLESS REVOKED OR SUSPENDED BY THE DEPARTMENT.
(F) ACTIVATION.--UPON RECEIVING NOTICE OF PASSING ALL CERTIFICATION REQUIREMENTS, THE APPLICANT SHALL, WITHIN 12 MONTHS OF BECOMING ELIGIBLE TO BE CERTIFIED AS A COMMERCIAL OR PUBLIC APPLICATOR, FILE WITH THE DEPARTMENT A REQUEST TO ACTIVATE CERTIFICATION.
A PERSON WHO FAILS TO REQUEST ACTIVATION WITHIN THIS 12-MONTH PERIOD SHALL LOSE CERTIFICATION ELIGIBILITY AND SHALL AGAIN ESTABLISH ELIGIBILITY IN ACCORDANCE WITH THIS SECTION.
20170SB0792PN1547 - 92 - (G) EXPIRATION.--CERTIFICATION SHALL EXPIRE AS FOLLOWS:
(1) COMMERCIAL APPLICATOR CERTIFICATION SHALL EXPIRE ON SEPTEMBER 30 OF EACH YEAR FOLLOWING THE DATE OF CERTIFICATION.
(2) PUBLIC APPLICATOR CERTIFICATION SHALL EXPIRE ON SEPTEMBER 30 EVERY THREE YEARS FOLLOWING THE DATE OF CERTIFICATION.
(3) WITH REGARD TO AN INITIAL APPLICATION FOR CERTIFICATION, THE DEPARTMENT MAY ISSUE A CERTIFICATE FOR AN ADDITIONAL YEAR WHEN A PERSON BECOMES FULLY CERTIFIED WITHIN THE LAST TWO MONTHS OF THE CERTIFICATION YEAR.
(H) GRANDFATHERING.-- (1) A PERSON HOLDING A VALID PESTICIDE APPLICATOR CERTIFICATION IN THE FOLLOWING CATEGORIES UNDER 7 PA.
CODE § 128.42 (RELATING TO CATEGORIES OF COMMERCIAL AND PUBLIC APPLICATORS) UPON THE EFFECTIVE DATE OF THIS SUBSECTION SHALL BE GRANTED CERTIFICATION AS A CERTIFIED FERTILIZER APPLICATOR UNDER THIS CHAPTER BUT SHALL STILL COMPLY WITH ALL OTHER REQUIREMENTS OF THIS CHAPTER:
(I) CATEGORY 1, AGRONOMIC CROPS.
(II) CATEGORY 2, FRUITS AND NUTS.
(III) CATEGORY 3, VEGETABLE CROPS.
(IV) CATEGORY 5, FOREST PEST CONTROL.
(V) CATEGORY 6, ORNAMENTAL AND SHADE TREES.
(VI) CATEGORY 7, LAWN AND TURF.
(VII) CATEGORY 18, DEMONSTRATION AND RESEARCH PEST CONTROL.
(VIII) CATEGORY 22, INTERIOR PLANTSCAPE.
(IX) CATEGORY 23, PARK OR SCHOOL PEST CONTROL.
(X) CATEGORY 25, AERIAL APPLICATOR.
20170SB0792PN1547 - 93 - (2) THE CERTIFICATION UNDER THIS SUBSECTION SHALL BE VALID UNTIL EACH PERSON'S PESTICIDE CORE RECERTIFICATION IS DUE, AT WHICH TIME THAT PERSON SHALL BE REQUIRED TO MEET ALL THE RECERTIFICATION REQUIREMENTS AS REQUIRED BY SECTION 6833 (RELATING TO RECERTIFICATION OF APPLICATORS).
§ 6833.
RECERTIFICATION OF APPLICATORS.
(A) CONTINUING EDUCATION.--AT INTERVALS OF THREE YEARS, A CERTIFIED APPLICATOR SHALL PROVIDE EVIDENCE OF HAVING RECEIVED CONTINUING EDUCATION CREDITS IN PRACTICES RELATING TO FERTILIZER APPLICATIONS.
RECERTIFICATION TRAINING SHALL BE IN THE FOLLOWING CONTENT AREAS:
(1) SAFETY AND HEALTH.
(2) LABELING AND LABEL COMPREHENSION.
(3) ENVIRONMENTAL PROTECTION.
(4) EQUIPMENT USE, CALIBRATION AND DOSAGE CALCULATIONS.
(5) PERSONAL PROTECTIVE EQUIPMENT.
(6) CLEANING AND MAINTAINING EQUIPMENT.
(7) TRANSPORTATION, STORAGE, SECURITY AND DISPOSAL.
(8) APPLICABLE FEDERAL AND STATE LAWS.
(9) ANY SUBJECT MATTER DEEMED APPROPRIATE BY THE DEPARTMENT'S REGULATIONS.
(B) CREDITS.--CONTINUING EDUCATION CREDITS SHALL BE GIVEN ON THE BASIS OF ATTENDANCE AT COURSES OR OTHER APPROPRIATE TRAINING APPROVED BY THE DEPARTMENT.
TRAINING SHALL BE EVALUATED BY THE DEPARTMENT AND ASSIGNED CREDITS.
AT A MINIMUM, CERTIFIED APPLICATORS SHALL OBTAIN FOUR CREDITS EVERY THREE YEARS OR THE TOTAL AMOUNT OF CREDITS LATER ESTABLISHED BY PUBLICATION IN THE PENNSYLVANIA BULLETIN.
(C) TRAINING.--TRAINING SHALL BE APPROVED BASED ON THE FOLLOWING:
20170SB0792PN1547 - 94 - (1) TRAINING SHALL BE CONDUCTED OR SPONSORED BY THE DEPARTMENT OR A DEPARTMENT-APPROVED INSTITUTION, ASSOCIATION, BUSINESS ENTITY OR GOVERNMENTAL AGENCY.
THE DEPARTMENT- APPROVED TRAINER SHALL SUBMIT COURSE MATERIALS FOR APPROVAL BY THE DEPARTMENT AND SHALL ESTABLISH THAT COURSES WILL BE CONDUCTED BY A PERSON OR PERSONS THAT ARE CERTIFIED APPLICATORS IN GOOD STANDING UNDER THIS CHAPTER AND WITH AT LEAST THREE YEARS' EXPERIENCE AS A CERTIFIED FERTILIZER APPLICATOR OR BY AN APPROVED ENTITY WITH OTHER DOCUMENTED QUALIFICATIONS TO SERVE AS A TRAINER, SUCH AS AN APPROPRIATE EDUCATIONAL BACKGROUND.
(2) TRAINING SHALL BE APPROVED FOR CONTINUING EDUCATION CREDITS AT THE RATE OF ONE CREDIT PER 30 MINUTES, OR AS LATER ESTABLISHED BY REGULATION, OF APPLICABLE INSTRUCTION, EXCLUSIVE OF COFFEE BREAKS, LUNCHES, VISITS TO EXHIBITS AND OTHER SIMILAR ACTIVITIES.
(3) AN APPROVED ENTITY WISHING TO CONDUCT OR SPONSOR CONTINUING EDUCATION TRAINING SHALL SUBMIT A WRITTEN REQUEST FOR COURSE AND TRAINER APPROVAL TO THE DEPARTMENT'S REGIONAL OFFICE FOR THE REGION IN WHICH THE MEETING WILL BE HELD.
A REQUEST TO APPROVE OUT-OF-STATE TRAINING MUST BE SUBMITTED TO THE DEPARTMENT'S HEADQUARTERS.
THE REQUEST SHALL INCLUDE EVIDENCE OF COMPLIANCE WITH THE STANDARDS ESTABLISHED BY PARAGRAPH (1).
(D) INFORMATION REQUEST.--A REQUEST FOR TRAINING APPROVAL SHALL INCLUDE THE FOLLOWING INFORMATION:
(1) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE CONTACT PERSON WHO IS COORDINATING THE TRAINING.
(2) THE SPECIFIC LOCATION WHERE THE TRAINING COURSE WILL BE OFFERED.
20170SB0792PN1547 - 95 - (3) THE DATE AND TIME OF THE TRAINING COURSE.
(4) A LISTING OF THE TRAINERS, TRAINER QUALIFICATIONS, SUBJECT MATTER AND TIME ALLOTTED TO EACH SUBJECT.
(5) A STATEMENT OF WHETHER THE TRAINING IS OPEN TO THE PUBLIC AND WHERE APPLICABLE THE CHARGE TO ATTEND.
(6) A DETAILED COURSE SYLLABUS SETTING FORTH THE SUBJECT MATTER TO BE COVERED AND A DESCRIPTION OF THE CONTENT, THE TIME PERIOD ALLOTTED FOR EACH SUBJECT MATTER AND TRAINER NAME AND CERTIFICATION.
(E) OATH OR AFFIRMATION.--A STATEMENT MADE IN A REQUEST TO APPROVE TRAINING SHALL BE SUPPORTED BY OATH OR AFFIRMATION AND IS SUBJECT TO THE PENALTIES FOR A VIOLATION OF 18 PA.C.S.
§ 4904 (RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES) OR ITS SUCCESSOR STATUTE.
(F) ASSIGNMENT OF CREDITS.--CREDITS SHALL BE ASSIGNED TO EACH TRAINING COURSE BASED UPON THE SUBJECTS COVERED AND THE AMOUNT OF TIME EXPENDED ON EACH SUBJECT.
(G) MONITORING OF TRAINING.--ALL TRAINING SHALL BE MONITORED BY AN EMPLOYEE OF THE DEPARTMENT.
IF AN EMPLOYEE OF THE DEPARTMENT IS UNABLE TO MONITOR THE TRAINING, THE TRAINING COURSE COORDINATOR SHALL BE RESPONSIBLE FOR AUTHENTICATING ATTENDANCE AND SHALL COMPILE AN APPROVED LIST OF PENNSYLVANIA CERTIFIED APPLICATORS IN ATTENDANCE.
THIS LIST SHALL BE RETURNED TO THE DEPARTMENT WITHIN 10 WORKING DAYS FOLLOWING THE MEETING DATE AND SHALL INCLUDE THE NAME OF EACH INDIVIDUAL ATTENDING AND THE INDIVIDUAL'S APPLICATOR CERTIFICATION NUMBER.
(H) MODIFICATION OF CREDITS.--CREDITS ASSIGNED MAY BE MODIFIED IF THE CONTENT, APPROVED TRAINER OR TIME OF THE ACTUAL TRAINING COURSE DIFFERS FROM THE ORIGINAL TRAINING COURSE APPROVED BY THE DEPARTMENT.
20170SB0792PN1547 - 96 - (I) VIOLATION.--FALSIFICATION BY A DEPARTMENT-APPROVED COURSE TRAINER OR SPONSOR OF INFORMATION REQUIRED UNDER THIS SECTION SHALL BE CONSIDERED A VIOLATION OF THIS CHAPTER FOR WHICH THE DEPARTMENT MAY ASSESS A PENALTY AS PROVIDED FOR UNDER THIS CHAPTER AND WITHDRAW APPROVAL OF THE COURSE AS SPECIFIED UNDER THIS SECTION.
(J) ATTENDANCE FALSIFICATION.--A PERSON MAY NOT FALSIFY ATTENDANCE OR THAT OF ANOTHER PERSON'S ATTENDANCE AT A CONTINUING EDUCATION MEETING.
FALSIFICATION OF ATTENDANCE AT A CONTINUING EDUCATION COURSE BY A PERSON SHALL BE CONSIDERED A VIOLATION OF THIS CHAPTER FOR WHICH THE DEPARTMENT MAY ASSESS A PENALTY AS PROVIDED FOR UNDER THIS CHAPTER AND REVOKE THE APPLICATOR'S CERTIFICATION AND REQUIRE FULL RENEWAL OF CERTIFICATION AS REQUIRED UNDER SECTION 6832 (RELATING TO CERTIFICATION OF APPLICATORS).
(K) FAILURE TO OBTAIN REQUIRED CREDITS.--IF A PERSON DOES NOT OBTAIN THE REQUIRED NUMBER OF RECERTIFICATION CREDITS IN THE TRIENNIAL YEAR IN WHICH CONTINUING EDUCATION CREDITS ARE DUE, THE PERSON'S CERTIFICATION SHALL BE INVALID AND THAT PERSON SHALL CEASE AND DESIST FROM ALL FERTILIZER APPLICATION, AND RECERTIFICATION SHALL REQUIRE COMPLETION OF DELINQUENT CONTINUING EDUCATION CREDITS AS ESTABLISHED UNDER THIS SECTION PRIOR TO CERTIFICATION BEING RENEWED.
(L) FAILURE TO COMPLETE DELINQUENT CREDITS.--IF A PERSON FAILS TO COMPLETE DELINQUENT CONTINUING EDUCATION CREDITS WITHIN ONE YEAR FROM THE TRIENNIAL EXPIRATION DATE OR FAILS TO RENEW THE CERTIFICATION FOR ANY REASON DURING THAT TIME PERIOD, THE PERSON SHALL CEASE AND DESIST FROM ALL FERTILIZER APPLICATION AND SHALL BE REQUIRED TO REESTABLISH ELIGIBILITY BY MEETING THE REQUIREMENTS IN SECTION 6832.
20170SB0792PN1547 - 97 - § 6834.
RECIPROCAL AGREEMENT.
THE DEPARTMENT MAY ISSUE A LICENSE OR CERTIFICATION ON A RECIPROCAL BASIS WITH OTHER STATES WITHOUT EXAMINATION TO A NONRESIDENT WHO IS LICENSED OR CERTIFIED IN ANOTHER STATE THAT ADMINISTERS A FERTILIZER LICENSING OR CERTIFICATION COURSE SUBSTANTIALLY IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.
§ 6835.
TRAINING OF FERTILIZER TECHNICIANS.
(A) PROHIBITION.--FERTILIZER TECHNICIANS WORKING FOR A FERTILIZER APPLICATION BUSINESS MAY NOT APPLY FERTILIZER WITHOUT FIRST GOING THROUGH A TRAINING PROGRAM, AS REQUIRED BY THE PROVISIONS OF THIS CHAPTER, AN ORDER OF THE DEPARTMENT OR THE DEPARTMENT'S REGULATIONS.
(B) REQUIREMENTS.--FERTILIZER TECHNICIANS SHALL BE AN EMPLOYEE OF THE BUSINESS AND TRAINED BY A CERTIFIED APPLICATOR WHO IS AN EMPLOYEE OF THE SAME BUSINESS.
(C) TRANSFERABILITY.--TRAINING OF FERTILIZER TECHNICIANS SHALL NOT BE TRANSFERRABLE BETWEEN BUSINESSES.
(D) PROGRAM ADMINISTRATION.--THE TRAINING PROGRAM FOR FERTILIZER TECHNICIANS SHALL BE ADMINISTERED BY A CERTIFIED APPLICATOR, EMPLOYED BY THE FERTILIZER APPLICATION BUSINESS EMPLOYING THE FERTILIZER TECHNICIAN, IN SUBJECT MATTER INVOLVING THE ASSIGNED TASKS OF THE FERTILIZER TECHNICIAN.
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Action History

  1. Referred to AGRICULTURE AND RURAL AFFAIRS

  2. Third consideration and final passage

  3. PN 1547 Amended on third consideration

  4. Removed from table

  5. Laid on the table

  6. Re-reported as committed

  7. Re-referred to APPROPRIATIONS

  8. Second consideration

  9. First consideration

  10. Reported as committed

  11. PN 1004 Referred to AGRICULTURE AND RURAL AFFAIRS

Sponsors

  • Alloway · Primary
  • Blake · Cosponsor
  • Rafferty · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 250 not signed on · 2 voted No

Sponsors (1)

  • Alloway

Co-sponsors (2)

  • Blake
  • Rafferty

Not signed on (250)

250 members have not signed on to this bill.

Show all 250 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FINAL PASSAGE

Passed 47 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 28100
Republican 11200
Democratic 8000
Total 47300
% of votes cast 94%6%0%0%
How each member voted (50)
Member Party Vote
ALLOWAY — Yea
AUMENT — Yea
BLAKE — Yea
BREWSTER — Yea
BROWNE — Yea
CORMAN — Yea
DINNIMAN — Yea
DISANTO — Nay
EICHELBERGER — Yea
FARNESE — Yea
FOLMER — Yea
GORDNER — Yea
GREENLEAF — Yea
KILLION — Yea
LEACH — Yea
MCGARRIGLE — Yea
MCILHINNEY — Yea
MENSCH — Yea
RAFFERTY — Yea
REGAN — Yea
RESCHENTHALER — Yea
SABATINA — Yea
SCARNATI — Yea
SCAVELLO — Yea
VULAKOVICH — Yea
WAGNER — Yea
WARD — Yea
WILLIAMS — Yea
YUDICHAK — Yea
Art Haywood Democratic Yea
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Lisa M. Boscola Democratic Yea
Sharif Street Democratic Yea
Vincent J. Hughes Democratic Yea
Wayne D. Fontana Democratic Yea
Camera Bartolotta Republican Yea
Daniel Laughlin Republican Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Kathleen C. Tomlinson Republican Yea
Lisa Baker Republican Yea
Martina A. White Republican Yea
Michele Brooks Republican Nay
Patrick J. Stefano Republican Yea
Scott E. Hutchinson Republican Nay
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Committee vote (APPROPRIATIONS): Re-Reported as Committed

Passed 26 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 6000
Unaffiliated 14000
Democratic 6000
Total 26000
% of votes cast 100%0%0%0%
How each member voted (26)
Member Party Vote
BLAKE — Yea
BREWSTER — Yea
EICHELBERGER — Yea
GREENLEAF — Yea
KILLION — Yea
LEACH — Yea
MENSCH — Yea
SCAVELLO — Yea
VULAKOVICH — Yea
WAGNER — Yea
WARD — Yea
BROWNE — Yea
CORMAN — Yea
SCARNATI — Yea
Art Haywood Democratic Yea
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Sharif Street Democratic Yea
Vincent J. Hughes Democratic Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Lisa Baker Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Committee vote (AGRICULTURE AND RURAL AFFAIRS): Reported as Committed

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 4000
Unaffiliated 6000
Democratic 2000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
AUMENT — Yea
BLAKE — Yea
DISANTO — Yea
DINNIMAN — Yea
REGAN — Yea
SCARNATI — Yea
Judith L. Schwank Democratic Yea
Sharif Street Democratic Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Michele Brooks Republican Yea

Official roll call →

Subjects

agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 792?
SB 792 is sponsored by Alloway, Blake, and Rafferty.
What is the current status of SB 792?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 792?
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