3 Pa.C.S. § 11101 — PA Code / Title 3 / Chapter 111 / Section 11101
Declaration of purpose.
Status: in_force

The purpose of this chapter is to establish a restricted account within the department to provide emergency money for training, equipment and other resources necessary for rapid responses to transmissible diseases, plant pests, plant diseases, controlled and noxious weeds, foodborne illnesses and natural and other disasters affecting agriculture which pose an immediate danger to public or animal health, food safety or economic well-being in this Commonwealth.
3 Pa.C.S. § 6805 — PA Code / Title 3 / Chapter 68 / Section 6805
Labels and labeling.
Status: in_force

(a) Contents of label.--The guarantor of a fertilizer distributed in a container in this Commonwealth shall place on or affix to the container a label stating in legible and conspicuous form the following:

(1) The brand and grade of the fertilizer. The grade shall not be required if no primary nutrients are claimed.

(2) The guaranteed analysis.

(3) A statement of from where the material was derived.

(4) Directions for use for fertilizer distributed to the consumer.

(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 regulations prescribed by the department.

(d) Proof of labeling claims.--The department may require proof of labeling claims made for fertilizer. Research in support of the claims must be performed by an institution approved by the department utilizing acceptable scientific methodology.

(e) Consumer-specified fertilizer formulations.--In lieu of the requirements under subsection (a), a fertilizer formulated according to specifications that are furnished by the consumer 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 fertilizer storage.--Bulk fertilizer in bulk fertilizer 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 consumers in this Commonwealth, in bulk or packages that are one pound or greater, shall include a statement in legible and conspicuous form that at a minimum sets forth the following requirements:

(1) The product may not be applied near water, storm drains or drainage ditches.

(2) The product may not be applied if heavy rain is expected.

(3) The product may only be applied to the intended application site.

(4) Material that lands on an impervious surface must be swept back onto the turf. This requirement shall not apply if the product is applied in a liquid form.

(h) Nonturf fertilizer.--Subject to subsections (i) and

(k), fertilizer that is not labeled for turf, in bulk or packages that are 40 pounds or greater, that is distributed to consumers in this Commonwealth, shall include a statement in legible and conspicuous form that at a minimum sets forth the following requirements:

(1) The product may not be applied near water, storm drains or drainage ditches or to any impervious surface.

(2) The product may not be applied if heavy rain is expected.

(3) The product may only be applied to the intended application site.

(i) Fertilizers containing pesticides.--In lieu of the statements required under subsections (g) and (h), the label for fertilizer products containing pesticides shall contain the environmental hazard statement recommended by the Environmental Protection Agency for that product.

(j) Minimum font size.--Statements required under subsections (g) and (h) shall be printed in a legible and conspicuous manner and may not be smaller than the height of the font used for the directions for use on the product labeling.

(k) Exemption.--The requirements of subsections (g), (h) and (j) shall not apply to fertilizer labeled for aquatic settings, growing media, indoor use or potted plants.

(l) Prohibition.--The label or labeling for fertilizer shall not include the purpose 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. Effective Date. Section 4(1) of Act 83 of 2022 provided that subsecs. (a)(3) and (4), (g), (h), (i), (j), (k) and (l) shall take effect in 18 months. Cross References. Section 6805 is referred to in sections 6810, 6816 of this title.
3 Pa.C.S. § 2334 — PA Code / Title 3 / Chapter 23 / Section 2334
Report on insurance or cost-sharing program.
Status: in_force

On or before 12 months from the effective date of this chapter, the department shall submit to the Agriculture and Rural Affairs Committee of the Senate and the Agriculture and Rural Affairs Committee of the House of Representatives a report on the feasibility of establishing an insurance or other cost-sharing program in lieu of indemnification under section 2331 (relating to indemnification) to compensate owners of domestic animals which are condemned and destroyed by the department to prevent the spread of disease or contamination.
3 Pa.C.S. § 4177 — PA Code / Title 3 / Chapter 41 / Section 4177
Sealing of approved weights and measures.
Status: in_force

Inspectors of weights and measures of this Commonwealth and sealers of the several counties and cities of this Commonwealth may seal, for use in trade or commerce, all weights and measures and weighing and measuring devices, the type of which has been approved as required by the provisions of this subchapter or specifically exempted from the necessity of approval by the

provisions of this subchapter when they find that the same are within the tolerances prescribed under the rules and regulations, provided, however, that this shall not be construed as meaning that the approval of a type shall be taken as evidence of the correctness of any individual weight or measure or weighing or measuring device of that type or prevent any such inspector or sealer of weights and measures from prohibiting the use of or confiscating any individual weight or measure or weighing or measuring device which is found to be inaccurate or otherwise defective or unlawfully used.
3 Pa.C.S. § 6508 — PA Code / Title 3 / Chapter 65 / Section 6508
Civil penalties.
Status: in_force

(a) Retail food facilities licensed by the department.--For retail food facilities licensed under Subchapter A of Chapter 57 (relating to retail food facility safety) by the department, and in addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this chapter or a rule or regulation adopted thereunder or any order issued pursuant thereto, the department may assess a civil penalty not to exceed $300 for the first offense or not to exceed $1,000 for subsequent offenses upon a person or retail food facility for each offense. No civil penalty shall be assessed unless the person charged has been given notice and opportunity for a hearing on the charge in accordance with law.

(b) Retail food facilities licensed by other licensor.--For retail food facilities licensed under Subchapter A of Chapter 57 by a licensor that is not the department, penalties under this chapter shall be established by the licensor. (Nov. 23, 2010, P.L.1039, No.106, eff. 60 days)
3 Pa.C.S. § 11107 — PA Code / Title 3 / Chapter 111 / Section 11107
Agriculture Rapid Response Disaster Readiness Account.
Status: in_force

(a) Establishment.--The Agriculture Rapid Response Disaster Readiness Account is established as a special nonlapsing account in the State Treasury. All money allocated to or supplements to the account and the interest collected on money and supplements shall be paid into the account. All money placed into the account and the interest the account accrues are appropriated to the department on a continuing basis for activities necessary to meet the requirements of this chapter.

(b) Supplements to account.--The account may be supplemented by money received from the following sources:

(1) State money appropriated to the department.

(2) Federal money appropriated to the department.

(3) Money received from other governmental agencies through an interagency agreement or memorandum of understanding.

(4) Gifts and other contributions from public and private sources.

(c) Account administration.--The department may adopt procedures for the use of money in the account, including the creation of subaccounts within the account for the purposes of allocation of money authorized under this chapter.

(d) Deposit and use of money.--An administrative action may not prevent the deposit of money into the account in the fiscal year in which the money is received. The money shall only be used for the purposes authorized under this chapter and shall not be transferred or diverted to any other purpose by administrative action, except as specifically provided for in section 11106 (relating to cooperation). Cross References. Section 11107 is referred to in section 11102 of this title.
3 Pa.C.S. § 2378 — PA Code / Title 3 / Chapter 23 / Section 2378
Inspections.
Status: in_force

As a precondition to the issuance of a garbage feeding business license and as a continuing condition of such licensure, the department may inspect an applicant's or licensee's facilities for compliance with this chapter and its attendant regulations.
3 Pa.C.S. § 605 — PA Code / Title 3 / Chapter 6 / Section 605
Agriculture-Linked Investment Program.
Status: in_force

(a) Eligibility.--An operator who desires to receive an Agriculture-Linked Investment Loan shall submit a loan application to a lending institution. The application shall contain information demonstrating all of the following:

(1) The applicant is an eligible borrower.

(2) The best management practice for which the applicant is seeking a loan under this chapter has been approved by the commission or the commission's delegated agent for implementation.

(3) Reasonable estimated costs for implementation of the approved best management practices sought to be funded have been provided by a project designer and concurred in by the commission or its delegated agent.

(b) Implementation of program.--The procedures applicable to the Agriculture-Linked Investment Program are as follows:

(1) A lending institution wishing to participate in this program shall enter into an investment agreement with the Commonwealth.

(2) A lending institution shall accept and review applications for loans from eligible borrowers.

(3) A lending institution shall apply all usual lending standards, practices and forms to determine the creditworthiness of each eligible borrower.

(4) Upon the lending institution's approval of an eligible borrower's loan application, the lending institution shall submit to the State Treasurer a request for the transfer of Agriculture-Linked Investment Loan money in an amount equivalent to the amount of the loan approved, along with the application and any supporting documents filed in accordance with subsection (a).

(5) The State Treasurer shall review the submitted request for the transfer of money and any supporting documentation for completeness prior to the transfer of Agriculture-Linked Investment Loan money to the lending institution.

(6) Upon determination of the completeness of the request for money and supporting documentation, the State Treasurer shall transfer to the lending institution money equivalent to the amount of the loan approved as follows:

(i) if the lending institution is a State depository, the State Treasurer shall deposit the money in a collateralized certificate of deposit in the name of the Commonwealth which, except as provided in this chapter, conforms to the legal requirements for deposits in State depositories; or

(ii) if the lending institution is an agricultural credit association affiliated with the Farm Credit Bank, the State Treasurer shall invest the money in bonds, notes, debentures or other obligations or securities issued by the Farm Credit Bank.

(7) The interest rate payable by lending institutions with respect to Agriculture-Linked Investment Loan money shall be the interest rate on deposits in State depositories

as established by the Board of Finance and Revenue from time to time, as otherwise provided by law, reduced by any subsidy that the commission may agree to pay under this chapter.

(8) Principal balances of Agriculture-Linked Investment Loan money with each lending institution shall be adjusted periodically as follows:

(i) If the lending institution is a State depository, the principal amount of the certificate of deposit shall be adjusted not less than semiannually to reflect the reduction of the principal outstanding on the loan. The interest earned plus an amount equal to the principal repaid by the borrower shall be remitted not less than semiannually by the lending institution to the State Treasurer.

(ii) If the lending institution is an agricultural credit association in conjunction with the Farm Credit Bank, the face value of the bonds, notes, debentures or other obligations or securities outstanding shall, at the option of the State Treasurer, be periodically reduced by payment or redemption to match as nearly as possible the amount of principal outstanding on program loans, and the interest earned shall be payable to the State Treasurer as due in accordance with the terms of the bonds, notes, debentures or other obligations or securities.

(c) Terms of loan for borrowers.--The terms of the loans for borrowers shall be:

(1) Loans shall not exceed $250,000.

(2) Loans shall be amortized over a term not to exceed 12 years.

(3) The interest rate shall be established at or prior to the approval of the eligible borrower's loan application.

(4) The interest rate charged by a lending institution to an eligible borrower shall reflect a percentage rate reduction below the prevailing market loan interest rate otherwise applicable to the borrower that is equal to the percentage rate reduction, if any, below the rate set by the Board of Finance and Revenue at which the certificates of deposit associated with the loan are placed or at which the investment in bonds, notes, debentures or other obligations or securities of the Farm Credit Bank associated with the loan are made.

(5) The interest rate charged by a lending institution to an eligible borrower may be either a fixed rate for the entire term of the loan or a variable rate which shall be adjusted semiannually to reflect changes in the interest rate established by the Board of Finance and Revenue for deposits in State depositories as otherwise provided by law.

(6) Except as modified by the requirements of this chapter, a lending institution may apply its usual policies and practices with respect to the administration, collection and enforcement of loans issued under this chapter.

(d) Interest subsidy.--

(1) The commission, at the commission's discretion, may enter into an agreement with the State Treasurer to subsidize the interest rate charged to eligible borrowers under this program with money provided to the commission under section 4(6) of the Conservation District Law or section 512 (relating to Nutrient Management Fund).

(2) Under the agreement, the commission may designate from time to time a block of loans of a certain aggregate dollar amount which the commission wishes to subsidize and

shall deposit in advance into a restricted escrow account in the State Treasury an amount estimated by the State Treasurer to be sufficient to make the yield over a 12-year term on the Agriculture-Linked Investment Loan money to be transferred to lending institutions in connection with each designated block of subsidized loans equivalent to the yield the money otherwise would have earned at interest rates established from time to time by the Board of Finance and Revenue for deposits in State depositories as otherwise provided by law. Withdrawals from the restricted escrow account shall be made by the State Treasurer at the times when interest becomes due and payable from lending institutions on Agriculture-Linked Investment Loan money associated with subsidized loans.

(3) Among its terms, the agreement shall contain provisions:

(i) To require the deposit of additional money into the restricted escrow account when the parties agree that the account balance has become insufficient to fully fund the subsidy.

(ii) To permit the withdrawal of money from the escrow account when the parties agree that the account balance exceeds the amount needed to fully fund the subsidy.

(4) The amount to be deposited into the restricted escrow account as to each block of loans designated by the commission shall be determined by calculating that the loans will be amortized over 12 years at a fixed rate of interest which is a number of percentage points below the prevailing market interest rate for such loans, to be designated by the commission.
3 Pa.C.S. § 902 — PA Code / Title 3 / Chapter 9 / Section 902
Definitions.
Status: in_force

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:

"Commission." The Pennsylvania Dairy Future Commission established in this chapter.
3 Pa.C.S. § 6819 — PA Code / Title 3 / Chapter 68 / Section 6819
Refusal, suspension or revocation of registration or license.
Status: in_force

(a) Authority of department.--The department may refuse, suspend or revoke:

(1) the registration of a fertilizer;

(2) the license of a person, if the person is a registrant or licensee and has not complied with the provisions of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter; or

(3) the license of a person, if the person has used fraudulent or deceptive practices in the evasion or attempted evasion of the provisions of this chapter.

(b) Hearing.--The department shall provide an opportunity for a hearing, as specified in section 6826 (relating to appeal process), to a person appealing an action of the department under this section.
3 Pa.C.S. § 4190 — PA Code / Title 3 / Chapter 41 / Section 4190
Rules and regulations.
Status: in_force

The department shall have the power to adopt and promulgate rules and regulations necessary to carry out the provisions of this chapter. All previous rules and regulations shall remain in full force and effect until new or amended rules and regulations are adopted by the department.
3 Pa.C.S. § 2329 — PA Code / Title 3 / Chapter 23 / Section 2329
Quarantine.
Status: in_force

(a) Power to establish and enforce.--Whenever a dangerous transmissible disease or contamination by hazardous substances exists anywhere within or outside of this Commonwealth, or whenever it is deemed advisable to test or treat any domestic animal upon the reasonable suspicion that it has contracted or been exposed to a dangerous transmissible disease or is contaminated with a hazardous substance, or whenever the testing or treatment of a domestic animal indicates that the domestic animal has been exposed to a dangerous transmissible disease or contaminated with a hazardous substance so as to render future accurate testing for recent exposure of that domestic animal to that dangerous transmissible disease or hazardous substance impractical or impossible, the department shall have the power to establish and enforce quarantines of any such infected, exposed, contaminated, suspected or susceptible domestic animal. In addition to the aforedescribed domestic animals, a quarantine may apply to any goods, products, facilities, containers, vehicles or materials that may carry dangerous transmissible disease or that may be contaminated with a hazardous substance and may be applied on or in or against any premises, area or locality as defined in this chapter.

(b) Type and duration.--Quarantines shall be of three kinds:

(1) interstate and/or international;

(2) general; and

(3) special; and shall continue in effect for such lengths of time as the department deems necessary or advisable.

(c) Interstate and international quarantines.--

(1) An interstate or international quarantine may be established and enforced by order of the department against any place or places outside this Commonwealth for any of the reasons set forth in subsection (a) or where dangerous transmissible diseases or hazardous substances are reported to exist. An interstate or international quarantine order may prohibit the bringing of any domestic animals, conveyances, containers, goods, products or materials into this Commonwealth except in accordance with the requirements set forth in the quarantine order. The order may require the quarantine, testing, treatment, killing or other disposition of any domestic animal brought into this Commonwealth in violation of the order and may require the quarantine, disinfection or destruction of goods, products, conveyances, materials or containers brought into this Commonwealth in violation of the order. The order may also require that a person importing domestic animals in violation of the order bear the expenses of postentry requirements of this chapter.

(2) An interstate or international quarantine shall be established by order of the department and shall be effective as of the date of actual or constructive notice of the order or any later date specified in that order.

(3) Notices and copies of the order establishing an interstate or international quarantine shall be advertised in the Pennsylvania Bulletin within 20 days of the date of the order, in at least one newspaper of general circulation within this Commonwealth and in at least one newspaper of general circulation in the state(s) or nation(s) against which the quarantine is directed. Publication in the Pennsylvania Bulletin shall effect constructive notice. The department shall, if practicable, mail or deliver notice and a copy of the quarantine order to the governmental agency or agencies overseeing agricultural affairs in the state(s) or nation(s) against which the quarantine is directed. The quarantine order may be enforced prior to such publication or distribution.

(d) General quarantines.--

(1) A general quarantine may be established and enforced by order of the department against any area or locality within this Commonwealth for any of the reasons set forth in subsection (a) to prevent a dangerous transmissible disease or a domestic animal contaminated by a hazardous substance from being carried into, within, from or out of the area or locality that is subject to the quarantine. A general quarantine order may include any domestic animals, conveyances, containers, goods, products or materials that may carry dangerous transmissible disease or domestic animals that are contaminated with a hazardous substance and may include any area or locality, including all buildings, structures, premises and equipment located therein.

(2) A general quarantine shall be established by order of the department and shall be effective as of the date of actual or constructive notice of the order or any later date specified in that order.

(3) Notices and copies of the order establishing a general quarantine shall be advertised in the Pennsylvania Bulletin within 20 days of the date of the order and in at least one newspaper of general circulation within the area or locality subject to the quarantine. Publication in the Pennsylvania Bulletin shall effect constructive notice. The quarantine order may be enforced prior to such publication.

(e) Special quarantines.--

(1) A special quarantine may be established and enforced by order of the department against any premises, domestic animals, conveyances, containers, goods, products or materials situated within this Commonwealth for any of the reasons set forth in subsection (a) or whenever it is deemed necessary or advisable by the department to prevent or control the spread of a dangerous transmissible disease; control a domestic animal contaminated by a hazardous substance; control any domestic animal; examine or disinfect or regulate the use of any premises, materials, conveyances, goods, containers or products; or destroy or dispose of the carcass of any dead domestic animal.

(2) A special quarantine shall be established by the posting of a quarantine order describing the domestic animal or domestic animals and any conveyances, containers, goods, materials, products or premises covered by the special quarantine. The quarantine notice shall be conspicuously posted so as to alert any visitor to the quarantined premises of the probable presence of a dangerous transmissible disease or domestic animals contaminated by hazardous substances.

(3) If practicable, the department shall serve a copy of the special quarantine order upon the owner or caretaker of the domestic animals, premises or other property subject to the order. The department shall have authority to make available to interested persons the names and locations of premises subject to special quarantine.

(f) Violations of quarantine.--

(1) It shall be unlawful for any person to sell, offer for sale, lease, lend, exchange, give away, transfer, remove or allow to be removed any animals or animal products, goods, materials, containers, conveyances or other articles that are the subject of a general or special quarantine order under this section without first obtaining the written permission of the department to do so.

(2) It shall be unlawful for any person to allow a domestic animal that is the subject of a general or special quarantine order under this section to stray beyond the quarantined premises, area or locality.

(3) It shall be unlawful for any person to transfer ownership of any animal or animal product that is the subject of a general or special quarantine order under this section without first notifying the prospective or actual transferee of the quarantine order and the reasons for the imposition of quarantine.

(4) It shall be unlawful for any person to use or prepare as food for humans or domestic animals any domestic animal or domestic animal product that is the subject of a general or special quarantine order under this section without first obtaining the written permission of the department to do so. Such permission shall be granted in accordance with any applicable guidelines established by the department.

(5) It shall be unlawful for any person to tear, deface, destroy, remove, conceal or alter in any way any notice of

quarantine posted by the department or to remove or destroy, partially or wholly, any portion of a building, tree, fence or other object to which a notice of quarantine has been posted by the department.

(6) It shall be unlawful for any person to bring into this Commonwealth any domestic animals, containers, goods, products, conveyances or materials that are the subject of an interstate or international quarantine order under this section.

(7) It shall be unlawful for any person to impede, hinder or interfere with the department entering upon premises or elsewhere in the performance of duties imposed by this subchapter.

(8) It shall be unlawful for any person to violate any provision of a quarantine order issued under this section.
3 Pa.C.S. § 4140 — PA Code / Title 3 / Chapter 41 / Section 4140
Hindering or obstructing officer; penalties.
Status: in_force

Any person who shall hinder or obstruct in any way the department, the director or any one of the inspectors or a sealer or deputy sealer in the performance of his official duties shall, upon conviction, be subject to criminal penalties in accordance with section 4191(a) (relating to offenses and penalties).
3 Pa.C.S. § 1511 — PA Code / Title 3 / Chapter 15 / Section 1511
Designation of noxious weeds and controlled plants.
Status: in_force

(a) Controlled Plant and Noxious Weed Committee.--

(1) The Controlled Plant and Noxious Weed Committee is established in the department and shall have the powers of a departmental administrative board.

(2) The committee shall be composed of:

(i) the secretary, who shall be the chairperson of the committee;

(ii) the Secretary of Conservation and Natural Resources;

(iii) the Secretary of Environmental Protection;

(iv) the Secretary of Transportation;

(v) the Executive Director of the Pennsylvania Fish and Boat Commission and the Executive Director of the Pennsylvania Game Commission;

(vi) the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the Senate and the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives;

(vii) three persons, to be appointed by the secretary, who must represent the interests and concerns of the following groups, organizations or industries:

(A) One member of a Statewide general farm organization.

(B) One member representing the ornamental, turf and horticultural industry.

(C) One member from an institution of higher education within this Commonwealth.

(3) Except for appointed members, who may be represented by designees selected by the secretary, members may be represented by a designee selected by the member.

(4) The appointed members shall serve four-year terms except that the terms shall initially be staggered with one of the three members serving a two-year term.

(5) Successors to fill expired terms of appointed members shall be appointed by the secretary. The secretary may appoint the same member to successive terms.

(6) An appointed member may continue to hold the position after his term has expired and until a successor has been appointed, but in no case may the time period be longer than six months beyond the member's original term of office.

(b) Powers and duties of committee.--

(1) A majority of the committee shall constitute a quorum. A quorum of the committee shall be required to take any action. All actions of the committee shall be by a majority vote.

(2) Prior to taking any action, the committee shall be required to convene a public meeting to elicit comments from the regulated community and other interested parties. The notice and agenda for a meeting of the committee shall contain a list of the plants to be considered for addition to or deletion from the noxious weed list or controlled plant list. The notice and agenda for a meeting shall be published in the Pennsylvania Bulletin at least one week prior to the meeting, except in the case of a special meeting or rescheduled meeting as allowed under 65 Pa.C.S. § 709(a) (relating to public notice). All meetings shall be open to

the public and shall comply with the requirements of 65 Pa.C.S. Ch. 7 (relating to open meetings).

(3) The committee shall have the following powers and duties:

(i) To establish a noxious weed list inclusive of the list set forth under section 1519 (relating to noxious weed list). The committee may add weeds to or remove weeds from the noxious weed list or move noxious weeds to the controlled plant list in accordance with the provisions of this chapter.

(ii) To establish a controlled plant list and to add plants to or remove plants from the controlled plant list in accordance with the provisions of this chapter. A controlled plant, upon approval of the committee, may be moved from the controlled plant list to the noxious weed list.

(iii) To propose the addition or removal of plants to or from the noxious weed list or controlled plant list. The committee may request that the department perform a study and risk assessment related to any plant the committee may consider for addition to or removal from the noxious weed list or controlled plant list.

(iv) To publish the noxious weed list and the controlled plant list and additions or removals or changes thereto as a notice in the Pennsylvania Bulletin. Any additions to or removals from the noxious weed list or the controlled plant list shall become effective 60 days from publication.

(c) Noxious weed and controlled plant seeds.--

(1) Upon the determination of the committee that a plant falls within the classification of a noxious weed or controlled plant, the committee, in consultation with the department, shall determine if the weed's seed falls within the category of a prohibited noxious weed seed or a restricted noxious weed seed and the seeds shall be regulated in the manner established in 7 Pa. Code Ch. 111 (relating to seed testing, labeling and standards).

(2) If no regulatory criteria exist for controlled plant seeds, the department may regulate controlled plant seeds through permit, for a period of two years from the effective date of this section, at which time the department shall promulgate regulatory standards. Cross References. Section 1511 is referred to in sections 1502, 1519 of this title.
3 Pa.C.S. § 2301 — PA Code / Title 3 / Chapter 23 / Section 2301
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Domestic Animal Law.
3 Pa.C.S. § 2117 — PA Code / Title 3 / Chapter 21 / Section 2117
Disposition of funds.
Status: in_force

Moneys received from registration fees, fines and civil penalties shall be paid into the State Treasury and shall be credited to the general government operations appropriation of the Department of Agriculture for administering the provisions of this chapter.
3 Pa.C.S. § 4153 — PA Code / Title 3 / Chapter 41 / Section 4153
Preparation of weighmaster's certificate.
Status: in_force

A licensed public weighmaster shall not enter on a weighmaster's certificate issued by the weighmaster any weight values which the weighmaster has not personally determined, and the weighmaster shall make no entries on a weighmaster's certificate issued by another person. A weighmaster's certificate shall be so prepared as to show clearly what weight or weights were actually determined. If the certificate form provides for the entry of gross, tare and net weights in any case in which only the gross, the tare or the net weight is determined by the weighmaster, he shall strike through or otherwise cancel the printed entries for the weights not determined or computed. If gross and tare weights are shown on

a weighmaster's certificate and both of these were not determined on the same scale and on the day for which the certificate is dated, the weighmaster shall identify on the certificate the scale used for determining each weight and the date of each determination.
3 Pa.C.S. § 10902 — PA Code / Title 3 / Chapter 109 / Section 10902
(Reserved).
Status: reserved

(July 7, 2022, P.L.504, No.52, eff. imd.)
3 Pa.C.S. § 2103 — PA Code / Title 3 / Chapter 21 / Section 2103
Chief apiary inspector.
Status: in_force

The secretary shall appoint a chief apiary inspector to be in charge of all apiary inspections and shall appoint such additional apiary inspectors as may be necessary. The inspectors shall be attached to the bureau and shall be furnished with official badges or other insignia of authority. The secretary and the bureau are charged with the enforcement of the provisions of this chapter.
3 Pa.C.S. § 4801 — PA Code / Title 3 / Chapter 48 / Section 4801
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Agricultural Business Development Center Act.
3 Pa.C.S. § 2104 — PA Code / Title 3 / Chapter 21 / Section 2104
Quarantines.
Status: in_force

The department may establish, modify and maintain such quarantines as may be necessary to control the shipment into or within this Commonwealth of any bees, queen bees, hives or appliances capable of transmitting any bee disease for such periods and under such conditions as may be necessary in order to control and eradicate any bee disease or to prevent its introduction, spread or dissemination in this Commonwealth and for such purposes may make and promulgate such rules, regulations and orders relating thereto and to the general enforcement of the provisions of this chapter as may be necessary.
3 Pa.C.S. § 2353 — PA Code / Title 3 / Chapter 23 / Section 2353
Disposal of animal waste.
Status: in_force

Animal waste known or suspected to have been exposed to a dangerous transmissible disease or hazardous substance shall be disposed of in accordance with regulations attendant to this chapter.
3 Pa.C.S. § 2374 — PA Code / Title 3 / Chapter 23 / Section 2374
Term of license and renewal.
Status: in_force

A license issued under this subchapter shall expire at the end of the calendar year for which it is issued, except that

licensure shall be continued pending renewal or denial by the department if the renewal application is received by the department no later than December 1 immediately preceding the calendar year for which the license renewal is sought.
3 Pa.C.S. § 4707 — PA Code / Title 3 / Chapter 47 / Section 4707
Funding.
Status: in_force

The department is authorized to use funds specifically appropriated by the General Assembly for the purposes of this chapter and any funds, contributions or payments which may be made available to the department by another State agency, the Federal Government or any public or private source for the purpose of implementing this chapter.
3 Pa.C.S. § 705 — PA Code / Title 3 / Chapter 7 / Section 705
Control orders.
Status: in_force

(a) Authority of department.--

(1) The department may issue a control order:

(i) Requiring any person registered and permitted to grow industrial hemp to implement treatment measures for industrial hemp if the department finds that the person has violated a provision of this chapter or a regulation, order or permitting requirement issued under this chapter.

(ii) Upon finding industrial hemp growing on any premises or property without a valid registration or permit.

(2) A control order shall set forth the general factual and legal basis for the action and shall advise the affected person that within 15 days of receipt of the control order the person may file with the department a written request for an administrative hearing.

(3) The hearing under paragraph (2) shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure). The written control order of the department shall be served upon the affected person by personal service or by registered or certified mail, return receipt requested. The control order shall become final upon the expiration of

the 15-day period for requesting an administrative hearing unless a timely request for a hearing has been filed with the department.

(b) Required contents.--The control order shall prescribe the required remediation, control, eradication or treatment measures and the date by which the measures must be completed.

(c) Expenses and costs.--The department may recover any expenses and costs incurred in enforcing and carrying out the measures established in the control order from the person that was the subject of the department's control order.
3 Pa.C.S. § 2380.6 — PA Code / Title 3 / Chapter 23 / Section 2380.6
Keeping and handling of cervids.
Status: in_force

(a) Pens and enclosures.--The department shall adopt regulations concerning the type of pens and enclosures used for Cervidae livestock operations. Regulations shall ensure that all of the following apply:

(1) The fenced enclosure surrounds the outside perimeter of the operation and is designed to protect the public and confine the privately owned cervids. Regulations under this paragraph may require a fence height of not greater than ten feet from the ground to the top.

(2) The premises is adequate to provide for the health and comfort of the cervids.

(b) Marking cervids contained at Cervidae livestock operations.--A person may not transfer possession of a cervid unless that cervid is marked by both of the following:

(1) At least one permanent unique identifier, such as a legible tattoo, United States Department of Agriculture (USDA) approved ear tag, breed registration or other department-approved identification method. If a microchip is used, the cervid owner must provide the necessary reader.

(2) At least one temporary identifier.

(c) Live Cervidae.--Cervids may be brought onto the premises through interstate or intrastate commerce and may be removed from the premises or relocated to another premises in a manner consistent with this chapter and regulations promulgated by the department. On delivery of a live cervid, the Cervidae livestock operation shall prepare and deliver to the shipper, purchaser or consignee a receipt, detailed invoice or consignment document including the date, name and address of purchaser or person to whom sold or consigned, the quantity, sex and species of the cervid and the name and address of the Cervidae livestock operation.

(d) Dead Cervidae.--Cervids and cervid products may be removed from the premises or relocated to another premises in a manner consistent with this chapter and regulations promulgated by the department. Prior to delivery and removal from the Cervidae livestock operation premises, the Cervidae livestock operation shall place the dead cervid or part of a cervid in a package or container or shall attach a label to it. The package, container or label shall have printed upon it the name, address and telephone number of the Cervidae livestock operation who produced the cervid. The Cervidae livestock

operation shall also issue a receipt, detailed invoice or consignment document including the date of shipment or sale, the name of the shipper, purchaser or consignee, the quantity and sex and species of the cervid so shipped or sold and the name and address and license number of the Cervidae livestock operation shipping, consigning or selling cervids. A dead cervid produced under the authority of the Cervidae livestock operation may not be removed from its package or container or have removed from it the label provided for in this subsection until final consumption or disposal.

(e) Receipt for shipping cervids.--Each shipment of cervids, living or dead, or parts of cervids raised or held on a Cervidae livestock operation shall be accompanied by a receipt, detailed invoice or consignment document issued by the Cervidae livestock operation describing the shipment and stating the origin of the shipment, date, what is being shipped, destination and any other information required by the department. The receipt, detailed invoice or consignment document shall be available for examination during normal business hours until the shipment reaches its final destination, at which time it becomes part of the consignee's record. The consignee's record shall be retained for three years.

(f) Records.--A Cervidae livestock operation shall maintain records of acquisitions and disposals of cervids as well as cervids born and slaughtered on the premises. Records shall be in ink, written in English, and include the full name and address of the person with whom a transaction is conducted. Records shall be available for inspection at reasonable hours. Entries shall be made on the day of transaction. The records shall be kept for three years and shall be the basis of any reports required by the department.

(g) Importation.--Before importing a cervid, the licensee must first obtain an importation permit from the department. An application for an importation permit must state the name and address of the applicant, name and address of the person supplying the cervid, common and scientific name and number of cervids to be covered by the permit, purpose for which the cervid is being imported, qualifications of the applicant to use the cervid for the stated purpose and the location where the cervid will be housed or retained. The application must be received by the department at least ten days prior to the proposed import date. If the cervid is to be purchased at auction, the name and address of the person supplying the cervid and number of cervids purchased shall be reported to the department by telephone, fax or electronic means on the date of purchase. The permittee must receive a confirmation number before the animal is imported. A copy of the completed permit shall be forwarded to the permittee. (June 29, 2006, P.L.206, No.51, eff. 60 days) 2006 Amendment. Act 51 amended subsecs. (a), (c) and (d). See the preamble to Act 51 in the appendix to this title for special provisions relating to legislative intent.
3 Pa.C.S. § 4135 — PA Code / Title 3 / Chapter 41 / Section 4135
Butter, oleomargarine and margarine.
Status: in_force

Butter, oleomargarine and margarine shall be offered and exposed for sale and sold by weight and only in units of one-quarter pound, one-half pound or one pound. Butter may be sold in multiples of one pound. Tub butter packaged on the premises where sold and in advance of sale may be sold in random weights.
3 Pa.C.S. § 5746 — PA Code / Title 3 / Chapter 57 / Section 5746
Monitoring by milk plants and department.
Status: in_force

(a) Sampling and testing.--

(1) If a milk plant labels milk with a sell-by date or a best-by date that is no later than 17 days beginning after midnight on the day on which the milk was pasteurized, the milk plant shall, at intervals of no greater than 12 months and for the highest-selling-volume milk type and each type and volume of container of that highest-selling-volume milk type bearing that label information, sample and test in accordance with the methodology specified in subsection (b).

(2) If a milk plant labels milk with a sell-by date or a best-by date that is greater than 17 days beginning after midnight on the day on which the milk was pasteurized and that has been approved by the department in accordance with section 5744 (relating to sell-by date or best-by date of greater than 17 days from pasteurization), the milk plant shall, at intervals of no longer than six months and for the highest-selling-volume milk type and each type and volume of container of that highest-selling-volume milk type bearing that label information, sample and test in accordance with the methodology specified in subsection (b).

(3) The department shall periodically sample containers of pasteurized milk in the possession of the milk plant. The sampling may occur at any time before the pasteurized milk is delivered to a retail food facility or the customer.

(b) Methodology.--

(1) The samples described in subsection (a)(1) and (2) shall be analyzed by a Pennsylvania-approved dairy laboratory.

(2) The samples described in subsection (a)(3) shall be analyzed by the department or a Pennsylvania-approved dairy laboratory.

(3) The analysis shall determine whether the bacterial test results exceed the bacterial limits for pasteurized milk described in the department's milk sanitation

regulations prior to the expiration of the sell-by date or best-by date designated on the cap or nonglass container.

(c) Reporting.--A Pennsylvania-approved dairy laboratory that performs any of the testing required under this section shall report the test results to the milk plant and the department in a format and within a time period prescribed by the department.

(d) Pasteurized milk that exceeds bacterial limits.--

(1) When two or more samples of milk demonstrate a milk plant cannot produce pasteurized milk that remains consistently within the bacterial limits referenced in subsection (b) during the sell-by-date or best-by-date period, the department shall calculate a reduced sell-by-date or best-by-date period for that pasteurized milk such that bacterial growth in the milk will not exceed the referenced bacterial limits within that revised sell-by-date or best-by-date period, if the milk is maintained in accordance with the temperature standards for pasteurized milk in the department's milk sanitation regulations.

(2) The milk plant shall use the revised sell-by date or best-by date until the milk plant obtains a different sell-by-date or best-by-date period using the procedure in section 5744. Cross References. Section 5746 is referred to in section 5744 of this title.
3 Pa.C.S. § 516 — PA Code / Title 3 / Chapter 5 / Section 516
Enforcement authority; enforcement orders.
Status: in_force

(a) Right of access.--A duly authorized agent of the commission or a conservation district shall have authority to enter any agricultural operation at reasonable times to conduct such investigations and to take such actions as are necessary to enforce the provisions of this chapter or any order, rule or regulation issued hereunder.

(b) Duty to grant access.--Any person owning or operating an agricultural operation shall grant access to any duly authorized agent of the commission or a conservation district pursuant to subsection (a) and shall not hinder, obstruct, prevent or interfere with such agents in the performance of their duties, provided, however, that agents shall perform such reasonable measures and actions as directed by the owner or operator of an agricultural operation as will reasonably and substantially prevent the spread or outbreak of contagious diseases.

(c) Orders.--The commission or any conservation district delegated enforcement authority may issue such orders as are necessary to aid in the enforcement of the provisions of this chapter. Any order issued under this section shall take effect upon notice unless the order specifies otherwise. An appeal of the order to the Environmental Hearing Board shall not act as a supersedeas, provided that, upon application for and cause shown, the hearing board may issue such a supersedeas under the rules established by the hearing board.
3 Pa.C.S. § 5105 — PA Code / Title 3 / Chapter 51 / Section 5105
Inspection fees.
Status: in_force

(a) Imposition.--There shall be paid to the department for all commercial feeds distributed in this Commonwealth an inspection fee at the rate of 10¢ per ton annually. Customer-formula feeds and contract feeds are exempted if the inspection fee is paid on the commercial feeds which are used as ingredients therein. Commercial feeds which are distributed to manufacturers and used as ingredients in the manufacture of commercial feeds other than customer-formula feeds and contract feeds are exempted from the inspection fee, but in no case shall the inspection fee paid annually amount to less than $25. The department, having determined after a public hearing following notice to the licensees that moneys derived from the license and inspection fees are either greater or less than that required to administer this chapter, may by regulation reduce or increase the inspection fee so as to maintain revenues sufficient to administer this chapter, but the inspection fee shall not be changed by more than 2¢ in one year, and the inspection fee shall not exceed 20¢ per ton.

(b) Annual statement and records.--Except as otherwise provided, every guarantor who distributes commercial feed in this Commonwealth shall:

(1) File not later than February 15 of each year an annual statement, under oath, setting forth the number of net tons of commercial feeds distributed in this Commonwealth during the preceding calendar year. Upon filing the statement, the guarantor shall pay the inspection fee at the rate stated in subsection (a) or at the rate established by the department by regulation promulgated under subsection

(a). When more than one guarantor is involved in the distribution of commercial feed, the guarantor who distributed the feed last is responsible for reporting the tonnage and paying the inspection fee unless the report and payment have been made by a prior guarantor of the feed or feed ingredient. Inspection fees which are due and owing and have not been remitted to the Commonwealth by the due date shall have a penalty fee of 10% or a minimum of $25 added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the Commonwealth from taking other actions as provided in this chapter.

(2) Keep such records as may be necessary or required by the department to indicate accurately the tonnage of commercial feeds distributed in this Commonwealth. The department may examine these records to verify statements of tonnage.

(c) Cancellation of license.--Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided in this section shall constitute sufficient cause for the cancellation of the license.
3 Pa.C.S. § 5741 — PA Code / Title 3 / Chapter 57 / Section 5741
Scope of subchapter.
Status: in_force

This subchapter relates to milk sell-by date and best-by date labeling.
3 Pa.C.S. § 9346 — PA Code / Title 3 / Chapter 93 / Section 9346
Standardbred horse racing purse money.
Status: in_force

A licensed racing entity that conducts standardbred horse racing must place on deposit with the commission by March 1 of each year an irrevocable letter of credit equivalent to its average weekly purse total from the immediate prior year. The commission shall hold the letter of credit in trust for the standardbred horsemen racing at that licensed racing entity's horse race meeting if the purse checks are not issued or insufficient funds are available to cover the purse checks. Cross References. Section 9346 is referred to in section 9318 of this title.
3 Pa.C.S. § 4156 — PA Code / Title 3 / Chapter 41 / Section 4156
Disposition of copies of certificates.
Status: in_force

The original copy of a weighmaster's certificate shall be delivered to the purchaser of the commodity specified in the certificate at the time of delivery. One copy of the certificate shall be retained at the place of weighing, and one copy may be retained by the business selling or delivering the commodity. Copies of weighmasters' certificates in possession of licensed weighmasters shall be retained for a period of two years and, during business hours, shall be subject to inspection or subpoena for use as evidence by any State, county or city inspector of weights and measures.
3 Pa.C.S. § 907 — PA Code / Title 3 / Chapter 9 / Section 907
Payments to members.
Status: in_force

Members may not receive compensation for services, but shall be reimbursed for all necessary travel and other reasonable expenses incurred in connection with the performance of the members' duties as members of the commission.
3 Pa.C.S. § 9320 — PA Code / Title 3 / Chapter 93 / Section 9320
Financial interests.
Status: in_force

No director, owner, officer, manager or employee of an applicant or licensed racing entity or their immediate family shall accept gifts from breeders, owners, trainers or other individuals who participate in the conduct of horse racing in this Commonwealth.
3 Pa.C.S. § 101 — PA Code / Title 3 / Chapter 1 / Section 101
Short title of title.
Status: in_force

This title shall be known and may be cited as the Agriculture Code.
3 Pa.C.S. § 4216 — PA Code / Title 3 / Chapter 42 / Section 4216
Aquaculture Advisory Committee.
Status: in_force

(a) Establishment and composition.--The Aquaculture Advisory Committee is hereby established as a departmental advisory board within the department. The advisory committee shall consist of 21 members of whom the following 12 shall be members ex officio:

(1) The secretary.

(2) The Secretary of Environmental Protection.

(3) The Secretary of Community and Economic Development.

(4) The Executive Director of the Pennsylvania Fish and Boat Commission.

(5) The chairman and minority chairman of the Agriculture and Rural Affairs Committee of the Senate.

(6) The chairman and minority chairman of the Agriculture and Rural Affairs Committee of the House of Representatives.

(7) The chairman and minority chairman of the Game and Fisheries Committee of the Senate.

(8) The chairman and minority chairman of the Game and Fisheries Committee of the House of Representatives. Ex officio members may designate a substitute for membership. Ex officio members cast votes at committee meetings.

(b) Appointments by secretary.--The remaining nine members shall be appointed by the secretary as follows:

(1) Three appointees must be active, resident cold or cool water aquaculture producers.

(2) One appointee must be an active, resident warm water aquaculture producer.

(3) One appointee must be an active, resident indoor aquaculture producer.

(4) One appointee must be an active, resident servicer or supplier to the aquaculture industry.

(5) One appointee must be an active, resident aquacultural wholesaler, food broker or food merchant.

(6) One appointee must be an active, resident aquarium or ornamental species aquacultural merchant.

(7) One appointee must be a representative of recreational sport fishing.

(c) Tenure and convention.--All appointed members shall serve terms of three years. Ex officio members shall serve so long as the official continues to serve in an official position. The advisory committee shall convene at the discretion of the secretary or his designee, who shall serve as chairman of the committee.

(d) Responsibility of committee.--The advisory committee shall draft and submit an aquacultural plan to the secretary on or before December 31, 1999. The focus of the plan shall be economic development to include recommendations for regulations necessary to foster development of aquaculture. The advisory committee shall also advise the secretary on matters relating to aquacultural production and development.
3 Pa.C.S. § 9340 — PA Code / Title 3 / Chapter 93 / Section 9340
Prohibition of wagering.
Status: in_force

(a) General.--No commissioner or employee of the commission shall wager upon the outcome of any horse race conducted at or simulcast to a track at which pari-mutuel wagering is conducted by any licensed racing entity regulated by the commission. No licensed racing entity shall permit any person who is under 18 years of age to wager at a horse race meeting conducted by the licensed racing entity. No licensed racing entity shall permit any person who is under 18 years of age to attend a horse race meeting conducted by the licensed racing entity unless the person is accompanied by a parent or guardian. This section shall not be construed to prohibit persons under 18 years of age, who are legally employed, from being upon the racetrack premises for the sole purpose of engaging in the performance of their duties as employees.

(b) Fair racing.--Pari-mutuel wagering on horse races at any county or other political subdivision, agricultural or other fair shall not be authorized. No lottery, pool selling, bookmaking or any other kind of gambling upon the results of races, heats or contests of speed of horses shall be allowed at any fair or at any horse race meeting conducted in this Commonwealth, except those licensed to operate pari-mutuel wagering under the provisions of this chapter. Cross References. Section 9340 is referred to in section 13F06 of Title 4 (Amusements).
3 Pa.C.S. § 4176 — PA Code / Title 3 / Chapter 41 / Section 4176
Rules and regulations.
Status: in_force

Rules and regulations for the carrying out and enforcement of the provisions of this subchapter, not inconsistent with the provisions thereof, shall be adopted by the department, which rules and regulations shall include reasonable variations or tolerances which may be allowed on weights and measures and weighing and measuring devices included within the provisions of this subchapter, and also specifications for such weights and measures and weighing and measuring devices for the guidance of manufacturers in the design and construction of such weights and measures and weighing and measuring devices.
3 Pa.C.S. § 10909 — PA Code / Title 3 / Chapter 109 / Section 10909
Regulations.
Status: in_force

The department shall promulgate regulations as it deems necessary to carry out the purposes of this chapter.
3 Pa.C.S. § 4513 — PA Code / Title 3 / Chapter 45 / Section 4513
Severability.
Status: in_force

The provisions of this chapter are severable. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application.
3 Pa.C.S. § 4802 — PA Code / Title 3 / Chapter 48 / Section 4802
Definitions.
Status: in_force

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:

"Advisory committee." The Agricultural Business Development Center Advisory Committee established under section 4805 (relating to Agricultural Business Development Center Advisory Committee).

"Center." The Agricultural Business Development Center established under section 4803 (relating to establishment).

"Fund." The Agricultural Business Development Center Fund established under section 4810 (relating to Agricultural Business Development Center Fund).
3 Pa.C.S. § 10307 — PA Code / Title 3 / Chapter 103 / Section 10307
Funding.
Status: in_force

For purposes of implementing the provisions of this chapter, the department may use:

(1) Any money appropriated by the General Assembly to the department to carry out the provisions of this chapter.

(2) Any other money, contributions or payments which may be made available to the department by the Federal Government or by any public or private source.
3 Pa.C.S. § 1114 — PA Code / Title 3 / Chapter 11 / Section 1114
Penalties.
Status: in_force

The following shall apply:

(1) A person using consumer fireworks in violation of the provisions of this chapter for the first offense commits a summary offense and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not more than $500. A subsequent offense under this paragraph committed within three years of a prior conviction under this paragraph shall constitute a summary offense and, upon conviction, shall, in addition to any other penalty

authorized by law, be punishable by a fine of not more than $1,000.

(2) A person selling consumer fireworks in violation of the provisions of this chapter for the first offense commits a misdemeanor of the second degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $10,000. A subsequent offense under this paragraph committed within three years of a prior conviction under this paragraph shall constitute a misdemeanor of the second degree and, upon conviction, in addition to any other penalty authorized by law, shall be punishable by a fine of not less than $15,000 and a revocation of a license issued under section 1108 (relating to fees, granting of licenses and inspections).

(3) A person selling or using display fireworks in violation of the provisions of this chapter for the first offense commits a felony of the third degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $10,000. A subsequent offense under this paragraph committed within three years of a prior conviction under this paragraph shall constitute a felony of the third degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $15,000.

(4) A person selling federally illegal explosives such as devices as described in 49 CFR 173.54 (relating to forbidden explosives) or those devices that have not been tested, approved and labeled by the United States Department of Transportation, including, but not limited to, those devices commonly referred to as M-80, M-100, blockbuster, cherry bomb or quarter-stick or half-stick explosive devices, in violation of the provisions of this chapter for the first offense commits a felony of the third degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $10,000. A subsequent offense under this paragraph committed within three years of a prior conviction under this paragraph shall constitute a felony of the third degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $15,000.
3 Pa.C.S. § 5736 — PA Code / Title 3 / Chapter 57 / Section 5736
Construction of subchapter.
Status: in_force

(a) General rule.--The provisions of this subchapter and the regulations promulgated under this subchapter shall be construed in a manner that is consistent with the Federal acts and regulations promulgated under those acts. The secretary shall not ordain or enforce requirements relating to sanitation, food safety, food standards and labeling requirements of any kind or description other than those provided for in the Federal acts unless the proposed regulation meets all of the following:

(1) is justified by compelling and unique local conditions;

(2) protects an important public interest that would otherwise be unprotected;

(3) relates to subject matter that is primarily local in nature and the Federal agency with responsibility over the subject matter is not exercising its jurisdiction with respect to the subject matter;

(4) would not cause a food to be in violation of any applicable requirements under the Federal acts; and

(5) would not unduly burden interstate commerce.

(b) Secretary to participate in rulemaking.--The secretary is encouraged to participate in rulemaking under the Federal acts and, if necessary, to pursue Federal rulemaking as is deemed necessary for the protection of the citizens of this Commonwealth through the Federal petition and rulemaking process. Cross References. Section 5736 is referred to in section 5733 of this title.
3 Pa.C.S. § 2386 — PA Code / Title 3 / Chapter 23 / Section 2386
Civil remedy.
Status: in_force

In addition to any other remedies provided for in this chapter, the Attorney General, at the request of the department, may initiate in the Commonwealth Court or the court of common pleas of the county in which the defendant resides or has his place of business an action in equity for an injunction to restrain any and all violations of this chapter or the rules

and regulations promulgated under this chapter or any order issued pursuant to this chapter from which no timely appeal has been taken or which has been sustained on appeal. In any such proceeding, the court shall, upon motion of the Commonwealth, issue a preliminary injunction if it finds that the defendant is engaging in conduct that is unlawful under this chapter or is engaging in conduct which is causing immediate or irreparable harm to the public. The Commonwealth shall not be required to furnish bond or other security in connection with such proceedings. In addition to an injunction, the court in such equity proceedings may levy civil penalties under section 2383 (relating to enforcement and penalties).
3 Pa.C.S. § 6921 — PA Code / Title 3 / Chapter 69 / Section 6921
Disposition of funds.
Status: in_force

Moneys received from license fees, registration fees, inspection fees, fines and penalties shall be paid into the Agronomic Regulatory Account established in section 6831 (relating to disposition of funds). All moneys in the Agronomic Regulatory Account are hereby appropriated to the department for the purposes of this chapter, Chapter 68 (relating to fertilizer), Chapter 71 (relating to seed) and the promotion of soil health improvement practices generally. (July 11, 2022, P.L.1538, No.83, eff. imd.; Nov. 21, 2023, P.L.179, No.30, eff. imd.)
3 Pa.C.S. § 603 — PA Code / Title 3 / Chapter 6 / Section 603
Definitions.
Status: in_force

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:

"Agricultural erosion and sedimentation plan." An erosion and sedimentation plan established under The Clean Streams Law.

"Best management practices." A practice or combination of practices determined by the commission to be effective and practicable, given technological, economic and institutional considerations, to manage and conserve land, water and related resources and to manage nutrients to protect surface water and groundwater, taking into account applicable nutrient requirements for crop utilization. Best management practices shall include, but not be limited to:

(1) Conservation tillage.

(2) Crop rotation.

(3) Soil testing.

(4) Manure testing.

(5) Diversions.

(6) Manure storage facilities.

(7) Storm water management practices.

(8) Nutrient application.

(9) Stream bank fencing.

(10) Riparian buffers.

(11) Pasture livestock watering systems where stream bank fencing is installed.

(12) Odor barriers.

(13) Development of a voluntary nutrient or odor management plan.

(14) Manure management plans.

(15) Agricultural erosion and sedimentation plans.

(16) Federal conservation plans.

"Commission." The State Conservation Commission established by the Conservation District Law.

"Conservation District Law." The act of May 15, 1945 (P.L.547, No.217), known as the Conservation District Law.

"Eligible borrower." Any person, individual, partnership, corporation or legal entity who has an interest in property in this Commonwealth, who engages in agricultural operation in this Commonwealth, who has legal and financial responsibility for the agricultural operation and who has developed an approved nutrient management plan under Chapter 5 (relating to nutrient management and odor management), a manure management plan or an agricultural erosion and sedimentation plan or other commission-approved Federal or State conservation program or approved best management practices.

"Lending institution." Any financial institution that is authorized to issue commercial loans, is a State depository approved by the Board of Finance and Revenue and enters into an agreement with the State Treasurer for participation in the Agriculture-Linked Investment Program. The term includes any agricultural credit association affiliated with the Farm Credit Bank, a federally chartered instrumentality pursuant to the Farm Credit Act of 1971 (Public Law 92-181, 12 U.S.C. § 2001 et seq.), as amended, that enters into an agreement with the State Treasurer for participation in the Agriculture-Linked Investment Program.

"Manure management plan." A manure management plan established under The Clean Streams Law.

"Nutrient management plan." A written site-specific nutrient plan approved by the commission or its delegated agent which incorporates best management practices to manage the use of plant nutrients for crop production and water quality protection consistent with the criteria established under
3 Pa.C.S. § 1105 — PA Code / Title 3 / Chapter 11 / Section 1105
Agricultural purposes.
Status: in_force

(a) Authorization.--The governing body of a municipality may, under reasonable rules and regulations adopted by it, grant permits for the use of display fireworks for agricultural purposes in connection with the raising of crops and the protection of crops from bird and animal damage.

(b) Duration of permit.--A permit under this section shall remain in effect for the calendar year in which it was issued.

(c) Conditions.--After a permit under this section has been granted, sales, possession and use of display fireworks for the

purpose mentioned in the permit shall be lawful for that purpose only.
3 Pa.C.S. § 2341 — PA Code / Title 3 / Chapter 23 / Section 2341
General authority.
Status: in_force

The department shall have authority to regulate the activities, facilities and equipment of domestic animal or dead domestic animal dealers, agents and haulers for the purpose of assuring the sanitary handling of dead domestic animals and the sanitary handling, marketing and exchange of domestic animals.
3 Pa.C.S. § 6832 — PA Code / Title 3 / Chapter 68 / Section 6832
Exclusion of local laws and regulations.
Status: in_force

(a) Effect of chapter.--The provisions of this chapter are of Statewide concern and occupy the whole field of regulation regarding the registration, packaging, labeling, sale, transportation, distribution, use and application of fertilizers to the exclusion of all local regulations.

(b) Enforcement.--No ordinance or regulation of a local agency, political subdivision or home rule municipality may prohibit or attempt to regulate a matter relating to the registration, packaging, labeling, sale, transportation, distribution, use or application of fertilizers, if the ordinance or regulation conflicts with this chapter.

(c) Stricter requirements.--Nothing in this chapter shall be construed to prevent a political subdivision or home rule municipality from adopting and enforcing an ordinance or a regulation that is consistent with and no more stringent than the requirements of this chapter and the regulations promulgated under this chapter. No penalty shall be assessed under the local ordinance or regulation under this subsection for a violation for which a penalty has been assessed under this chapter.
3 Pa.C.S. § 9353 — PA Code / Title 3 / Chapter 93 / Section 9353
License application procedures.
Status: in_force

(a) Application for license.--An application for an initial or renewal license shall be in the form and manner prescribed by the commission in accordance with this chapter. The commission may deny a license to an applicant that provides false or misleading information on or omits material information from the application. The application shall include all of the following:

(1) The applicant's legal name.

(2) The location of the applicant's principal office.

(3) The name, address and date of birth of each principal with a 5% or greater share of ownership or beneficial interest in the applicant.

(4) Audited financial statements for the last three years or, if the applicant does not have audited financial statements, financial and other pertinent information as required by the commission to determine that the applicant is financially capable of operating as a going concern and protecting accounts.

(5) A detailed plan of how the wagering system will operate. The commission may require changes in the proposed plan of operations as a condition of granting a license. There shall not be subsequent material changes in the plan of operations unless ordered by the commission or until approved by the commission after receiving a written request.

(6) A list of all personnel processing wagers on races made by residents of this Commonwealth. This list shall be kept current and be provided to the commission upon request.

(7) Copies of all documents required under this subsection by the commission.

(b) Review.--In reviewing an application, the commission may consider any information, data, report, finding or other factor available that it considers important or relevant to the determination of whether the applicant is qualified to hold a license, including all of the following:

(1) The integrity of the applicant and its principals, including:

(i) Whether the applicant or its principals are unsuitable.

(ii) Whether the applicant or its principals have been a party to litigation over business practices, disciplinary actions over a business license or refusal to renew a license.

(iii) Whether the applicant or its principals have been a party to proceedings in which unfair labor practices, discrimination or violation of government regulations pertaining to racing or gaming laws was an issue or bankruptcy proceedings.

(iv) Whether the applicant or its principals have failed to satisfy judgments, orders or decrees.

(v) Whether the applicant or its principals have been delinquent in filing tax reports or remitting taxes.

(2) The quality of physical facilities and equipment.

(3) The financial ability of the applicant to conduct wagering.

(4) The protections provided to safeguard accounts, including a certification from the licensee's chief financial officer that account funds will not be commingled with other funds as required under this chapter.

(5) The management ability of the applicant and its principals.

(6) Compliance of the applicant with applicable statutes, charters, ordinances and administrative regulations.

(7) The efforts of the applicant to promote, develop and improve the horse racing industry in this Commonwealth.

(8) The efforts of the applicant to safeguard and promote the integrity of pari-mutuel wagering in this Commonwealth.

(9) The economic impact of the applicant upon the Commonwealth. Cross References. Section 9353 is referred to in section 9356 of this title.
3 Pa.C.S. § 5710 — PA Code / Title 3 / Chapter 57 / Section 5710
Retail food facility and employee cleanliness.
Status: in_force

All retail food facilities, kitchens, dining rooms and all places where foods are prepared, kept or stored shall be kept in a clean and sanitary condition and be protected from dust, dirt, insects and vermin in the manner prescribed by the regulations of the department. The clothing and hands of employees shall at all times be clean and sanitary. Except when washing fruits and vegetables or when approved by the department, food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves or dispensing equipment. No domestic pets or other animals shall be permitted where food or drink is prepared, handled or stored unless specifically permitted or required under the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327) or other Federal or State law. No person shall be permitted to use for living or sleeping purposes any room or place in any retail food facility which is regularly and customarily used for the preparation, handling, storing or serving of food.
3 Pa.C.S. § 6509 — PA Code / Title 3 / Chapter 65 / Section 6509
Fees (Repealed).
Status: repealed

2010 Repeal. Section 6509 was repealed November 23, 2010, P.L.1039, No.106, effective in 60 days.
3 Pa.C.S. § 10102 — PA Code / Title 3 / Chapter 101 / Section 10102
Legislative intent.
Status: in_force

It is the intent of the General Assembly to support the development and expansion of current or future very small meat and poultry processing operations in this Commonwealth by offering reimbursement grants to cover the costs associated with:

(1) A grant of inspection from the USDA Food Safety and Inspection Service.

(2) Opening a new very small meat and poultry processing operation.

(3) Expanding the capacity of a current very small meat and poultry processing operation.

(4) A combination of paragraphs (1), (2) and (3). (July 7, 2022, P.L.504, No.52, eff. imd.)
3 Pa.C.S. § 10906 — PA Code / Title 3 / Chapter 109 / Section 10906
Applications and review of applications.
Status: in_force

(a) Submission.--Applications for grants shall be submitted in a manner and form as prescribed by the secretary.

(b) Evaluation.--When reviewing applications, the secretary shall evaluate applications annually on the basis of all of the following:

(1) The ability of the applicant to complete the program.

(2) The ability of the applicant to incorporate all of the program requirements under section 10904(c) (relating to grant program).

(3) The location of the school in an area where a high percentage of the children are eligible to receive free or reduced-price school meals.

(4) The potential of the program to increase knowledge about nutrition and healthy eating habits for the children, their caregivers and the community.

(5) The potential of the program to increase knowledge about Pennsylvania agriculture for the children, their caregivers and the community.

(6) The ability of the applicant to procure Pennsylvania foods and products or plants for the applicant's program.

(7) The potential of the program to increase markets for Pennsylvania agricultural producers.

(8) The number of people who will be served by the program.

(9) The ability of the applicant to sustain the program.

(10) The overall performance of the applicant if a grant was received in a previous year. (July 7, 2022, P.L.504, No.52, eff. imd.) 2022 Amendment. Act 52 amended subsec. (b).
3 Pa.C.S. § 11105 — PA Code / Title 3 / Chapter 111 / Section 11105
Recordkeeping and audit.
Status: in_force

(a) Eligible person receiving money.--The department shall require a person receiving money under this chapter to keep and provide upon request records as the department believes are necessary to ensure money is spent in accordance with this chapter. The records shall include the name and address of the person, evidence of the eligible disaster for which the money was received and a copy of each invoice and expenditure to account for the expenditure of money received. The department may request production of the documents and may copy and hold the documents as the department deems necessary. The department may enter onto the premises of the person in order to carry out the department's duties under this chapter.

(b) Department records.--The department shall keep a record of all expenditures from the account, which shall include the date, eligible purpose of the expenditure and any eligible entity that may have received the funding. The General Assembly may request a report, including the required records, from the department on a fiscal year basis or as the General Assembly believes necessary.
3 Pa.C.S. § 10910 — PA Code / Title 3 / Chapter 109 / Section 10910
Funding.
Status: in_force

Grants shall be awarded under the program to the extent money is made available by the General Assembly.
3 Pa.C.S. § 5101 — PA Code / Title 3 / Chapter 51 / Section 5101
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Commercial Feed Act.
3 Pa.C.S. § 5744 — PA Code / Title 3 / Chapter 57 / Section 5744
Sell-by date or best-by date of greater than 17 days from pasteurization.
Status: in_force

(a) General rule.--A milk plant may apply to the department for approval to use a sell-by date or a best-by date that exceeds the 17-day period referenced in section 5743(e) (relating to label requirement). Approval shall be by type of milk and type and volume of the milk container.

(b) Approval process.--Approval may be obtained by the following process:

(1) The applicant must apply to the department for approval to use a specific sell-by or best-by date that exceeds the 17-day period referenced in section 5743(e), using a form provided by the department.

(2) The applicant must specify on the form, by milk type and type and volume of container, each product for which approval is sought, and the specific sell-by date or best-by date proposed for that product as packaged.

(3) For each milk type and type and volume of container with respect to which approval is sought, the applicant must include scientific documentation as the department may require to confirm the following:

(i) unopened samples from at least three different production days were maintained at a temperature of between 34 and 45 degrees Fahrenheit for no less than the entire proposed sell-by date or best-by date period;

(ii) after the proposed sell-by date or best-by date period ended, each sample was opened and tested for bacterial count, and the bacterial count for each sample did not exceed the bacteriological standards for milk set forth in the department's milk sanitation regulations; and

(iii) the testing was completed within three months preceding the date the application was submitted to the department.

(c) Continuation of approval.--Approval issued by the department under this section shall remain in effect as long as the milk plant continues to complete the periodic sampling and testing required in section 5746 (relating to monitoring by milk plants and department) and the bacterial test results do not exceed the bacterial limits for pasteurized milk described in section 5746. Cross References. Section 5744 is referred to in sections 5743, 5746 of this title.
3 Pa.C.S. § 9338 — PA Code / Title 3 / Chapter 93 / Section 9338
Fair fund proceeds.
Status: in_force

(a) Distribution.--The Department of Agriculture shall distribute money in the fair fund annually, on or before March 1, for reimbursement for each county agricultural society and each independent agricultural society conducting standardbred horse racing during its annual fair, other than races for two-year-old colts and fillies and three-year-old colts and fillies, an amount of money equal to that used during their annual fair as purse money for standardbred horse racing, track and stable maintenance, starting gate rental and the cost of

all standardbred horse racing officials required during their annual fair. The reimbursement amount may not be more than $13,000, a minimum of $4,000 of which must be used for purse money and the balance of the allotment per fair, not used for purse money over the minimum $4,000 allotment, shall be used for the specific purposes referenced above or otherwise the allotment shall be retained in the fund.

(b) Inspection.--The commission shall annually inspect each track facility at a county fair and advise each operating fair about track maintenance which is necessary to ensure adequate racing surface during the course of scheduled fairs and racing events. If it is the opinion of the commission that the fair society or event sponsor is not adequately financing track maintenance, the Department of Revenue shall surcharge the fair fund account of the fair society or event sponsor to effectuate the remediation. The commission may contract with, hire or otherwise consult with race track surface experts to carry out the provisions of this section.
3 Pa.C.S. § 2376 — PA Code / Title 3 / Chapter 23 / Section 2376
Heating certain garbage before feeding.
Status: in_force

All garbage that may contain animals, animal parts or animal products shall be heated thoroughly to a temperature of at least 212 degrees Fahrenheit for a period of at least 30 minutes before being fed to domestic animals, unless the garbage has been treated in some other manner that has been approved by the department. Each lot, batch or unit of garbage shall be heated in its entirety to the required temperature and for the required length of time. A true and accurate record of garbage so processed shall be kept and maintained by the operator of a garbage feeding business or plant for a period of not less than one year. This record shall be made available to the department upon its request.
3 Pa.C.S. § 9317 — PA Code / Title 3 / Chapter 93 / Section 9317
Allocation of racing days.
Status: in_force

(a) General rule.--

(1) Horse racing shall be conducted consistent with 4 Pa.C.S. § 1303 (relating to additional Category 1 slot machine license requirements).

(2) The required racing days under this section and 4 Pa.C.S. § 1303(a)(2) and (b) may be waived or modified by the commission if the waiver or modification has been agreed to by the horsemen's organization and the licensed racing entity at the racetrack where the racing days are to be scheduled or raced.

(3) The provisions of 4 Pa.C.S. § 1303(d) shall not apply if the reason for noncompliance with that section by a licensed racing entity is the cancellation of racing days due to the commission's inability to properly regulate and oversee the conduct of horse racing in this Commonwealth due to inadequate funding.

(b) Certification.--The commission shall submit to the Secretary of Revenue the approved number of racing days for each licensed racing entity, including the following information:

(1) the names and addresses of the licensed racing entity;

(2) the names and addresses of the owners, officers and general managers of the licensed racing entity; and

(3) any other information the commission deems appropriate.

(c) Cancellation.--

(1) If a racing day is canceled by a licensed racing entity for reasons beyond the licensed racing entity's control, the commission shall grant the licensed racing entity the right to conduct that racing day in the same or the next ensuing calendar year, if schedules permit.

(2) A director of a bureau established under section 9311 (relating to State Horse Racing Commission), after consultation with the licensed racing entity and the horsemen's organization at the racetrack, may cancel a race if it is determined that fewer than six horses have entered the race.
3 Pa.C.S. § 5708 — PA Code / Title 3 / Chapter 57 / Section 5708
Infectious persons.
Status: in_force

No proprietor shall allow any food employee to be in a retail food facility if that person has an infectious or communicable disease, as prohibited under the act of April 23, 1956 (1955

P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955, and its attendant regulations related to restrictions on food handlers. In consultation with the Department of Health, the department may promulgate regulations with respect to specific illnesses as related to operations in a retail food facility as it deems necessary for the protection of public health.
3 Pa.C.S. § 2380.5 — PA Code / Title 3 / Chapter 23 / Section 2380.5
Term; renewal.
Status: in_force

(a) Term.--A license is valid for a period of two years from the date of:

(1) issuance under section 2380.4(b) (relating to issuance);

(2) deemed issuance under section 2380.4(c)(3); or

(3) renewal under subsection (b).

(b) Renewal.--A license shall be renewed upon application if the department determines all of the following:

(1) The licensee has not been cited for a violation of this subchapter or a regulation of the department under this subchapter.

(2) There is no reason to believe that the licensee is unable to conduct a Cervidae livestock operation in compliance with this subchapter and regulations of the department under this subchapter. (June 29, 2006, P.L.206, No.51, eff. 60 days) 2006 Amendment. See the preamble to Act 51 in the appendix to this title for special provisions relating to legislative intent.
3 Pa.C.S. § 3108 — PA Code / Title 3 / Chapter 31 / Section 3108
Application, review and authorization by commission.
Status: in_force

(a) Application process.--A person must apply to the commission for a grant, loan or tax credit for an eligible project under the program with an application created by the commission. The application must include all of the following information:

(1) The location of the project.

(2) The type of project.

(3) The status of the project.

(4) The type and combination of funding requested under the program.

(5) The total cost of the project.

(6) Any other information as required by the commission.

(b) Review.--The commission shall review complete applications based upon the criteria established under section 3107 (relating to criteria for evaluation of applications) on an ongoing basis and in the order received. Within 60 days of receipt of a complete application, the commission shall notify the applicant of all of the following:

(1) Whether the project is approved for funding under the program.

(2) The total amount of funds approved for the project.

(3) The amount of each type of funding approved for the project.

(c) Notice of completion.--Upon completion of a project funded under this program, the person who received approval for the project shall notify the commission of the completion of the project. The notice under this subsection shall include the required certification under section 3106 (relating to project certification).

(d) Inspection.--Projects funded under this program may be subject to inspection by the commission or the commission's designated agent.
3 Pa.C.S. § 1541 — PA Code / Title 3 / Chapter 15 / Section 1541
Unlawful conduct.
Status: in_force

It shall be unlawful for a person to fail to comply with or to cause or assist in the violation of a permit, an order or a provision of this chapter or any attendant regulation.
3 Pa.C.S. § 11103 — PA Code / Title 3 / Chapter 111 / Section 11103
Authority.
Status: in_force

(a) Authority and duty.--The department shall have the authority and duty to:

(1) Administer the provisions of this chapter.

(2) Allocate money in accordance with this chapter.

(b) Training programs.--The department may develop training programs and training program requirements and allocate money in a manner consistent with this chapter. Contracts awarded under this subsection shall be subject to 62 Pa.C.S. Pt. I (relating to Commonwealth Procurement Code).
3 Pa.C.S. § 4221 — PA Code / Title 3 / Chapter 42 / Section 4221
Activities under registration for artificial propagation.
Status: in_force

(a) Sale of certain species.--

(1) Only species of fish approved for propagation and stocking under section 4219 (relating to permissible propagation) taken from waters wholly within this Commonwealth or legally taken in waters outside of this Commonwealth and received in interstate commerce are permitted to be purchased, sold or offered for sale.

(2) A registrant selling species of fish shall furnish to the consumer a receipt specifying the date of sale, identification of the registered facility and the amount of species sold by count or weight. The holder of the receipt must display it upon demand to anyone authorized to enforce laws of this Commonwealth. The receipt authorizes sale or possession of the purchased species for a period of 15 days after the date on the receipt. The period of 15 days, however, is inapplicable to species stocked in regulated fishing areas as well as ornamental, aquarium and baitfish species which may be held by dealers until disposed.

(b) Water obstruction.--A person registered under section 4220 (relating to registration for artificial propagation) must obtain prior written approval from the Department of Environmental Protection to erect or place a dam, pond or other device which will prevent the free migration of finfish. This subsection permits dams, ponds and other devices erected prior to January 1, 1980, and used continuously since then to be maintained.

(c) Authorized activities by registrants.--Registration under section 4220 authorizes the registrant to:

(1) carry on the business of propagation and sale of species of fish and eggs thereof which are specified in the registration;

(2) catch and kill the specified species of fish in the specified facility or facilities in the registration by any means except explosives or poison; and

(3) sell, transport or dispose of species of fish and eggs thereof which are specified in the registration. Public transportation companies are authorized to receive and transport species and eggs.

(d) Unauthorized activities by registrants.--

(1) Registration under section 4220 does not authorize registrants to catch species of fish out of natural streams flowing over property of a registrant nor from other waters within this Commonwealth. Transportation of species of fish neither cultivated nor purchased by the registrant is not permitted.

(2) Species of fish or eggs thereof taken from waters within this Commonwealth unoccupied, unowned or uncontrolled by a registrant and uncovered by his registration shall neither be stocked nor maintained in any manner. This paragraph, however, allows the exchange of eggs or the fry of any species of fish with the department and the commission. Cross References. Section 4221 is referred to in section 4223 of this title.
3 Pa.C.S. § 1108.1 — PA Code / Title 3 / Chapter 11 / Section 1108.1
Refusal, suspension or revocation of license.
Status: in_force

(a) Authority.--The department may refuse, suspend or revoke a license issued or renewed under section 1108 (relating to fees, granting of licenses and inspections) if the licensee is not in compliance with the provisions of this chapter.

(b) Appeals.--The department shall provide an opportunity for a hearing to a person appealing an action of the department under subsection (a). All appeals shall be taken and hearings conducted in accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action). A person shall have 15 days to appeal an enforcement action of the department under subsection

(a).
3 Pa.C.S. § 5713 — PA Code / Title 3 / Chapter 57 / Section 5713
School cafeterias and organized camps.
Status: in_force

Officials of schools and organized camps shall cooperate with the department in the conduct of cafeteria health and safety inspections and shall participate in inspection services and training programs made available by the department in areas where the department is the licensor. Upon request, the department shall provide training to school or organized camp food service personnel or inspections of a food service at a school or organized camp located in areas in which the department is not the licensor.
3 Pa.C.S. § 2348 — PA Code / Title 3 / Chapter 23 / Section 2348
Denial, suspension or revocation of license.
Status: in_force

The department may, after due notice and an opportunity for a hearing, deny, suspend, revoke or modify a license issued under this subchapter if the department finds that the applicant or licensee has violated any provision of this chapter or its related regulations or finds the existence of any of the following:

(1) the applicant or licensee has violated the laws of the United States or this Commonwealth or official regulations governing the interstate or intrastate movement, shipment or transportation of animals;

(2) the applicant or licensee has made false or misleading statements or has fraudulently misrepresented the health or physical condition of domestic animals with regard to official tests or quantity of domestic animals or in the buying or receiving of domestic animals or in the receiving, selling, exchanging or shipping of domestic animals, including soliciting or negotiating the sale, resale, exchange or shipment of domestic animals;

(3) the applicant or licensee has engaged in a continued course of dealings of such a nature as to satisfy the department of the inability or unwillingness of the applicant or licensee to properly conduct the business of a dealer, hauler or agent in accordance with the requirements of this chapter;

(4) the applicant or licensee has failed to practice measures of sanitation prescribed by the department for premises or conveyances used for the confining, stabling, yarding, housing, holding or transporting of domestic animals; or

(5) the applicant or licensee has failed to keep records required by the department or by law or has refused to allow inspections or to produce books, accounts or records of transactions in the carrying on of the business for which such license is requested or granted.
3 Pa.C.S. § 10905 — PA Code / Title 3 / Chapter 109 / Section 10905
Limitation on grants.
Status: in_force

(a) Matching.--Grant amounts shall be limited to 75% of the amount necessary to develop the program, not to exceed $15,000 annually, per school. Applicants may use in-kind support to match the amount granted.

(b) Conditions.--The secretary may approve a grant in an amount less than the requested amount. The secretary may also impose restrictions or special conditions upon issuance of the grant.
3 Pa.C.S. § 2362 — PA Code / Title 3 / Chapter 23 / Section 2362
Humane methods of slaughtering domestic animals.
Status: in_force

(a) Humane methods required.--

(1) Humane methods shall be used in the handling of domestic animals for slaughter and in the actual bleeding and slaughter of domestic animals.

(2) The use of a manually operated hammer, sledge or poleax by slaughterers, packers or stockyard operators during slaughtering operations is not a humane method of slaughter.

(b) Ritual slaughter.--Subsection (a) shall not apply to the operator of a commercial establishment with respect to the positioning and ritual slaughter of cows, poultry and sheep until one year after the department finds and notifies the operator that there is available at reasonable cost a ritually acceptable, practicable and humane method of handling or otherwise preparing conscious calves, poultry and sheep for slaughter.

(c) Exception.--Subsection (a) shall not apply to a farmer or other person slaughtering domestic animals owned by the farmer or person.

(d) Construction of section.--This section shall not be construed to prohibit, abridge or in any way hinder the religious freedom of any person or group.

(e) Review.--Determinations made by the department under authority of this section shall be subject to review in the manner provided by 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).

(f) Applicability.--Where the slaughtering operations of slaughterers, packers or stockyard operators who would otherwise be subject to the requirements of this section are subject to inspection by the United States Department of Agriculture, applicable Federal law shall control, and the determination of whether slaughter is conducted by humane methods shall be made by the United States Department of Agriculture in accordance with Federal authority on the subject of humane methods of slaughter.
3 Pa.C.S. § 512 — PA Code / Title 3 / Chapter 5 / Section 512
Nutrient Management Fund.
Status: in_force

(a) Establishment of fund.--There is established a special nonlapsing fund in the State Treasury to be known as the Nutrient Management Fund. All fees, fines, judgments and interest collected by the commission under this chapter shall be paid into the fund. All money placed in the fund and the interest it accrues are hereby appropriated to the commission on a continuing basis for any activities necessary to meet the requirements of this chapter.

(b) Supplements to fund.--The Nutrient Management Fund may be supplemented by moneys received from the following sources:

(1) State funds appropriated to the commission.

(2) Federal funds appropriated to the commission.

(3) Proceeds from the sale of any bonds made available to the commission.

(4) Repayment of loan principal.

(5) Payment on interest loans made by the commission.

(6) Gifts and other contributions from public and private sources.

(c) Fund administration.--The commission shall have authority to adopt procedures for the use of moneys in the fund, including the creation of accounts within the fund for the purposes of administering the loan and grant programs authorized by this chapter.

(d) Status of fund.--The Nutrient Management Fund shall not be subject to 42 Pa.C.S. Ch. 37 Subch. C (relating to judicial computer system).

(e) Deposit and use of funds.--No administrative action shall prevent the deposit of moneys into the fund in the fiscal year in which they are received. The funds shall only be used for the purposes authorized by this chapter and shall not be transferred or diverted to any other purpose by administrative action. Cross References. Section 512 is referred to in sections 506, 605 of this title.
3 Pa.C.S. § 504 — PA Code / Title 3 / Chapter 5 / Section 504
Powers and duties of commission.
Status: in_force

The commission shall have the following powers and duties:

(1) Before July 19, 1995, and periodically thereafter, to promulgate regulations, in consultation with the department, the Department of Environmental Protection and the board, establishing minimum criteria for nutrient management plans developed in accordance with section 506 (relating to nutrient management plans) and other regulatory requirements to implement this chapter. In establishing such criteria, the commission shall consult the Manure Management for Environmental Protection Manual of the Department of Environmental Protection, the Pennsylvania Agronomy Guide published by The Pennsylvania State University and the Pennsylvania Technical Guide for Soil and Water Conservation published by the United States Department of Agriculture's Soil Conservation Service. The criteria to be established pursuant to this section shall include the following:

(i) An identification of nutrients as defined by this chapter. Unless otherwise appropriate pursuant to specific criteria which shall be established by the commission, there shall be a presumption that nitrogen is the nutrient of primary concern.

(ii) The establishment of procedures to determine proper application rates of nutrients to be applied to land based on conditions of soil and levels of existing nutrients in the soil and the type of agricultural, horticultural or floricultural production to be conducted on the land.

(iii) An identification of best management practices to be utilized for proper nutrient management.

(iv) The establishment of recordkeeping requirements related to land application and distribution of nutrients.

(v) The establishment of minimum standards of construction, location, storage capacity and operation of facilities intended to be used for storage of animal manure.

(vi) The establishment of conditions under which amendments to nutrient management plans are required to be made after initial development or filing.

(vii) The establishment of special criteria which may be utilized for manure handling in emergency situations where there is an outbreak of a contagious disease.

(viii) The establishment of conditions under which changes due to unforeseen circumstances render the plan amendment process set forth in section 506(e) impracticable. Where such conditions exist, the owner or operator of an agricultural operation shall follow the procedures set forth in section 506(f).

(1.1) Within two years following the effective date of this section and periodically thereafter, to promulgate regulations, in consultation with the department, the Department of Environmental Protection and the board, establishing practices, technologies, standards, strategies and other requirements for odor management plans developed in accordance with section 509 (relating to odor management plans). The commission shall consider the following in promulgating the regulations under this paragraph:

(i) Site-specific factors such as proximity to adjoining landowners, land use of the surrounding area, type of structures proposed, species of animals, local topography and direction of the prevailing winds.

(ii) Reasonably available technology, practices, standards and strategies to manage odor impacts, considering both the practical and economic feasibility of installation and operation and the potential impacts from the facilities. Only those technologies, practices, standards and strategies that are necessary to address the offsite impacts of odors associated with these new facilities will be required to be included in the odor management plans.

(2) Prior to the adoption of regulations under paragraph

(1.1), to establish interim guidelines for the operations identified in section 509.

(3) To continually evaluate emerging practices, methods and technology for utilization as best management practices and to so identify the practices, where appropriate, pursuant to paragraph (1)(iii).

(4) Beginning October 1, 2002, to evaluate the criteria for concentrated animal operations in this Commonwealth and to make appropriate changes in those criteria by regulation. Any such regulatory change related to concentrated animal operations shall require a two-thirds majority vote of the commission.

(5) Prior to the adoption of regulations under paragraph

(1), to recommend, in consultation with the Department of Environmental Protection, the department and the board, interim criteria for the sole purpose of facilitating the initial development of the nutrient management certification program established by this chapter.

(6) Before July 19, 1995, to develop and implement, in cooperation with the department, the board, the Cooperative Extension Service and conservation districts, a program to provide education and technical assistance to the

agricultural community and, to the extent funds are available, to provide financial assistance to existing agricultural operations for implementation of proper methods, practices, facilities and techniques for the utilization and management of nutrients on the farm to prevent the pollution of groundwater and surface water.

(7) To consult with the board as provided in section 510 (relating to Nutrient Management Advisory Board).

(8) To issue orders and take actions as are necessary to administer and enforce this chapter.

(9) To delegate administration or enforcement authority, or both, under this chapter to county conservation districts that have an adequate program and sufficient resources to accept and implement this delegation. Cross References. Section 504 is referred to in sections 503, 506, 509 of this title.
3 Pa.C.S. § 5110 — PA Code / Title 3 / Chapter 51 / Section 5110
Detained commercial feeds.
Status: in_force

(a) "Withdrawal from distribution" orders.--When the department has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or of any of the prescribed regulations under this chapter, it may issue and enforce a written or printed "withdrawal from distribution" order warning the distributor not to dispose of the lot of feed in any manner until written permission is given by the department or a court of competent jurisdiction. The department shall release the lot of commercial feed so withdrawn when the provisions and regulations have been complied with. If compliance is not obtained within 30 days, the department may begin or upon request of the distributor shall begin proceedings for condemnation.

(b) Condemnation and confiscation.--Any lot of commercial feed not in compliance with the provisions and regulations shall be subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the commercial feed is located. In the event the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of this Commonwealth. In no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.
3 Pa.C.S. § 1108 — PA Code / Title 3 / Chapter 11 / Section 1108
Fees, granting of licenses and inspections.
Status: in_force

(a) Initial application fees.--

(1) An initial application for a license to sell consumer fireworks shall be submitted to the Department of Agriculture on forms prescribed and provided by the department with a nonrefundable application fee as follows:

(i) For a facility meeting the requirements of section 1107 (relating to sales locations), the application shall be submitted with a nonrefundable application fee of $2,500.

(ii) (Reserved).

(2) An application under paragraph (1) shall also be accompanied by the appropriate annual license fee as provided in subsection (b).

(b) Annual license fees.--The annual license fee for a facility licensed to sell consumer fireworks shall be as follows:

(1) $7,500 for a location up to 10,000 square feet;

(2) $10,000 for a location greater than 10,000 and up to 15,000 square feet; and

(3) $20,000 for a location greater than 15,000 square feet.

(c) Time limitations and inspections.--

(1) A facility meeting the requirements of section 1107 shall be inspected by the Department of Agriculture within 30 days of receipt of a complete application for a license. The Department of Agriculture shall issue or deny a license within 14 days of completing the inspection.

(2) (Reserved).

(d) Term of license.--A license issued for the sale of consumer fireworks shall be effective for one year from the date the license is issued.

(e) License renewal and inspections.--License renewal shall be automatic upon submission of a renewal application, proof of insurance under section 1109(5) (relating to conditions for facilities) and payment of the appropriate annual license fee under subsection (b), but each facility shall be subject to annual inspections by the Department of Agriculture and at other times as the department may deem appropriate. The department shall transmit an application for renewal to a licensee in such time to provide for submission within 30 days prior to the expiration of a license.

(f) Condition.--No license may be issued to a convicted felon or to an entity in which a convicted felon owns a percentage of the equity interest.

Cross References. Section 1108 is referred to in sections 1106, 1107, 1108.1, 1109, 1112, 1114 of this title.
3 Pa.C.S. § 908 — PA Code / Title 3 / Chapter 9 / Section 908
Administrative support.
Status: in_force

The Department of Agriculture shall provide administrative support, meeting space and any other assistance required by the commission to carry out the commission's duties under this chapter. The department shall provide the commission with data, research and other information upon request by the commission.
3 Pa.C.S. § 1104 — PA Code / Title 3 / Chapter 11 / Section 1104
Use of consumer fireworks.
Status: in_force

(a) Conditions.--A person who is at least 18 years of age may purchase, possess and use consumer fireworks.

(b) Prohibitions.--A person may not intentionally use consumer fireworks:

(1) On private property or on public property, including, but not limited to, streets, parking lots, sidewalks and parks, without the express permission of the owner or entity that controls the property.

(2) Within, directed at or directed from a vehicle or building.

(3) Directed at another person.

(4) While the person is under the influence of alcohol, a controlled substance or another drug.

(5) Within 150 feet of a building or vehicle, whether or not the building or vehicle is owned by the user of the consumer fireworks.

(c) Conditional use.--No person may use consumer fireworks within 150 feet of an animal housing facility or a fenced area designed to confine livestock owned or managed by another person. If a person uses consumer fireworks at a distance of 150 to 300 feet from an animal housing facility or fenced area designed to confine livestock owned or managed by another person, the user of consumer fireworks shall notify in writing the owner or manager of the livestock at least 72 hours in advance of the use that consumer fireworks will be used in the area. Cross References. Section 1104 is referred to in sections 1106, 1109 of this title.
3 Pa.C.S. § 521 — PA Code / Title 3 / Chapter 5 / Section 521
Other statutes not affected.
Status: in_force

This chapter shall not be construed as modifying, rescinding or superseding any other statute or as regulating biosolids and shall be read in pari materia with other statutes. Nothing in this chapter shall limit in any way whatever the powers conferred upon the department, the Department of Environmental Protection and the State Conservation Commission under statutes other than this chapter. All such powers are preserved and may be freely exercised.
3 Pa.C.S. § 2701 — PA Code / Title 3 / Chapter 27 / Section 2701
Definitions.
Status: in_force

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:

"Specimen." Any of the following which are protected under this title, 30 Pa.C.S. (relating to fish) or 34 Pa.C.S. (relating to game):

(1) A bird or a part of a bird.

(2) An animal or a part of an animal.

(3) A fish or a part of a fish.

(4) A reptile or a part of a reptile.
3 Pa.C.S. § 7109 — PA Code / Title 3 / Chapter 71 / Section 7109
Fees.
Status: in_force

(a) Inspections and tests.--The department shall have authority to fix, adjust, assess and collect, or cause to be collected, fees for the certification inspection service and

requested seed tests authorized by this chapter. Such fees shall be large enough to meet the reasonable expenses incurred by the department or its agents in making such inspections as may be necessary for seed certification and conducting requested tests.

(b) Service samples.--

(1) The testing fee may be required to accompany the sample.

(2) Fees shall be paid by check or money order made payable to the Commonwealth of Pennsylvania.

(3) There shall be a $5 late fee assessed for every month that the testing fee is past due.

(4) A Pennsylvania Noxious Weed Seed Examination shall be included with all purity analyses.

(5) Service Sample Fees. Combined Germination Purity Analysis (including Pennsylvania Kind of Seed Purity Analysis and Test State Noxious Germination Weed Seed Examination) Test $12.00 $5.50 $7.00 Alfalfa 12.00 5.50 7.00 Barley 12.00 6.50 6.00 Beans, garden 13.00 7.50 6.00 Beans, Lima 21.50 8.00 14.00 Bent grass 33.50 8.00 26.00 Bluestems 12.00 5.50 7.00 Bird's-foot trefoil 22.50 8.00 15.00 Bluegrass 17.00 7.50 10.00 Bromegrass 12.00 5.50 7.00 Buckwheat 12.00 5.50 7.00 Clovers 11.00 6.50 5.00 Corn 14.00 6.50 8.00 Crown vetch 17.00 7.50 10.00 Deer's-tongue grass 17.00 7.50 10.00 Fescues 13.00 7.50 6.00 Flat pea 14.50 6.50 8.50 Millets 13.00 5.50 8.00 Oats (including fluorescence test) 18.50 7.00 12.00 Orchard grass 11.00 6.50 5.00 Peas 21.50 8.00 14.00 Redtop 15.00 6.50 9.00 Reed Canary grass 12.00 5.50 7.00 Rye 14.50 6.00 9.00 Ryegrass 19.00 10.50 9.00 Ryegrass (including fluorescence test) 14.00 6.50 8.00 Sorghums 13.00 7.50 6.00 Soybeans 14.00 6.50 8.00 Sudan grass 12.00 5.50 7.00 Timothy 14.00 6.50 8.00 Tobacco 14.00 6.50 8.00 Vetch 12.00 5.50 7.00 Wheat 14.00 6.50 8.00 Flowers 13.00 5.50 8.00 Vegetables and herbs

except beans, corn and peas Tree, forb and shrub: 16.50 9.00 8.00 without embryo excision 27.00 20.00 8.00 with embryo excision 29.00 22.00 8.00 with embryo excision and removal of pits Mixtures: Lawn and turf: 36.00 16.00 22.00 Two components 15.00 8.00 8.00 Each additional component 8.00 extra Germination only Pasture, hay and conservation: 25.00 14.00 12.00 Two components 11.00 7.00 5.00 Each additional component 6.00 extra Germination only Miscellaneous charges: Interstate noxious weed examinations: 6.00 extra Lawn and turf with purity 20.00 Lawn and turf without purity 5.00 extra All others with purity Pennsylvania Noxious Weed Seed Examination: 15.00 Lawn and turf grasses and mixtures 4.00 All others 10.00 Cold test 10.00 Canada standards test 5.00 Identification 15.00 Embryo excision test 10.00 Rush 2.00 Extra laboratory report Tests not listed, 20.00 per hour special procedures, extra time, etc.

(c) Seed certification.--

(1) The department will provide annually a schedule listing application, inspection, tag and label fees.

(2) An applicant shall include the appropriate application fee payment for each crop. Fees shall be paid

by check or money order made payable to the Commonwealth of Pennsylvania. Fees are nonrefundable.

(3) The field inspection fee is based on the total acres inspected or, in the case of grass and legumes, the pounds of clean seed produced. An invoice stating the amount of the fee will be sent to the applicant.

(4) Acreage or plants withdrawn by the applicant prior to the actual inspection may not be included except as provided for in regulation.

(5) Application and inspection fees. Inspection Fee Application Fee Crop $10 per acre $25.00 Potatoes (other than pronuclear seed potatoes) 15¢ per sq. ft., Prenuclear seed assessed once potatoes per crop 25.00 (greenhouse) $50 assessed Prenuclear seed potatoes annually 25.00 (laboratory) $50 (minimum) 25.00 Tobacco $3 per acre 25.00 Winter barley, wheat, rye $7 per acre 25.00 Hybrid field corn $3 per acre 25.00 Spring barley, oats $3 per acre 25.00 Soybean 4¢ per pound 25.00 Grass, legume production fee; any field inspection $3 per acre $4 per acre 25.00 Turfgrass sod (preplant inspection) $7 per acre (final inspection) Fees based on the 25.00 Trees actual administrative costs incurred by the department

(6) Tag and label fees. Label Tag 10¢ 10¢ Pennsylvania certified seed 15¢ 15¢ Interagency certified seed 20¢ Pennsylvania certified sod 10¢ Pennsylvania certified seed potatoes

(7) There is a $25 per lot fee for each official interagency sample received.

(8) The shipping inspection fee for potatoes is $30 per inspection.

(d) Adjustment of fee.--If the secretary determines following notice to the licensees that moneys derived from the registration and inspection fees are either greater or less than that required to administer this chapter, the secretary may reduce or increase the inspection fee so as to maintain revenues sufficient to administer this chapter.

(e) Notice.--The secretary shall announce the adjustment of fees by publishing a notice in the Pennsylvania Bulletin. The adjusted fees shall take effect 60 days after publication of such notice in the Pennsylvania Bulletin.
3 Pa.C.S. § 4152 — PA Code / Title 3 / Chapter 41 / Section 4152
Weighmasters' certificates.
Status: in_force

The original weighmaster's certificate shall be typewritten or made out in ink or indelible pencil, and the original and each copy of the certificate shall show all of the following:

(1) The kind and size of the commodity.

(2) The name and address of the seller.

(3) The name and address of the purchaser.

(4) The license number of the vehicle and trailer or other means of permanent identification.

(5) The signature and license number of the licensed weighmaster who weighed the commodity and who issued the weighmaster's certificate.

(6) The date and hour when weighed.

(7) The gross weight in avoirdupois pounds of the vehicle and the load, the tare weight and net weight of the commodity, and, where the load is divided into lots, the net weight of each lot. All the information under the paragraph must be determined by the same weighmaster in accordance with the rules and regulations of the department.

(8) A sequential serial number.
3 Pa.C.S. § 9371 — PA Code / Title 3 / Chapter 93 / Section 9371
Mandatory requirements for medication rules.
Status: in_force

(a) Regulations for medication.--When a licensed racing entity conducts a horse race meeting with pari-mutuel wagering, the commission shall have in effect rules or regulations to

control the use and administration of any medication and the use and administration of any device that affects the performance of a race horse. The commission may establish permitted tolerance levels and therapeutic dose allowances for all medication to be used or administered to a race horse. The commission shall adopt a comprehensive schedule of equine drugs, medications, therapeutic substances or metabolic derivatives which are authorized to be administered to race horses, including tolerance levels. In order to properly determine the schedule of drugs and the tolerance levels under this subsection, the commission may conduct research or contract with a vendor to conduct the research. The commission may consult with the Pennsylvania State Board of Veterinary Medicine, academic institutes and associations representing the majority of the horse owners and experts.

(b) Penalty.--The commission shall establish in their rules or regulations penalty provisions for the violation of these rules or regulations.
3 Pa.C.S. § 3106 — PA Code / Title 3 / Chapter 31 / Section 3106
Project certification.
Status: in_force

The commission shall ensure that a project satisfies the requirements of the program in accordance with the following:

(1) Except as provided under paragraph (2), if a project's best management practice requires review and certification by a registered professional engineer under the applicable laws or regulations of this Commonwealth, the

best management practice shall be certified by a registered professional engineer.

(2) Any other project shall be certified by a technical service provider, staff from a conservation district or the USDA-NRCS or any other person who has appropriate training and expertise and is approved by the commission. Cross References. Section 3106 is referred to in sections 3105, 3108 of this title.
3 Pa.C.S. § 4123 — PA Code / Title 3 / Chapter 41 / Section 4123
City and county standards and equipment.
Status: in_force

(a) Procurement of standards.--The mayor of each city and the board of county commissioners of each county to which a delegation of powers and duties has been effected pursuant to section 4121 (relating to powers and duties of director and inspector) shall:

(1) Procure at the expense of the city or county, as the case may be, such standards of weight and measure and such additional equipment to be used for the enforcement of the provisions of this subchapter in such city or county as may be prescribed by the department.

(2) Provide a suitable office for the sealer.

(3) Make provisions for the necessary clerical services, supplies and transportation and for defraying contingent expenses incident to the official activities of the sealer in carrying out the provisions of this subchapter.

(b) Official.--When the standards of weight and measure required by this section to be provided by a city or county shall have been examined and approved by the department, they shall be the official standards for the city or county.

(c) Comparisons.--It shall be the duty of the sealer to make or to arrange to have made, at least as frequently as once a year, comparisons between his field standards and appropriate standards of a higher order belonging to his city or county,

as the case may be, or to the Commonwealth in order to maintain the field standards in accurate condition. Cross References. Section 4123 is referred to in section 4178 of this title.
3 Pa.C.S. § 2346 — PA Code / Title 3 / Chapter 23 / Section 2346
Term of license.
Status: in_force

A license issued under this subchapter shall expire at the end of the calendar year for which it was issued, except that licensure shall be continued, pending renewal or denial by the department if the renewal application is received by the

department no later than December 1 of the preceding calendar year.
3 Pa.C.S. § 606 — PA Code / Title 3 / Chapter 6 / Section 606
Liability.
Status: in_force

(a) Immunity.--The Commonwealth, the State Treasurer and the commission shall not be liable to a lending institution in any manner for payment of the principal or interest on the loan made to an eligible borrower.

(b) Loss of subsidy upon default.--A default by an eligible borrower in repayment of an Agriculture-Linked Investment Loan shall result in the loss of the subsidy provided under this chapter, in which case the interest rate payable by the lending institution shall revert to the interest rate on deposits as established by the Board of Finance and Revenue from time to time as otherwise established by law. As used in this subsection, the term "default" means a loan which is more than 90 days in arrears on payments.

(c) Availability of funding.--The subsidy provided by this chapter shall continue only so long as the commission furnishes money to pay for it. In the event funding is exhausted or otherwise unavailable, the interest rate payable by lending institutions shall revert to the interest rate on deposits in State depositories as established from time to time by the Board of Finance and Revenue as otherwise provided by law.
3 Pa.C.S. § 9372 — PA Code / Title 3 / Chapter 93 / Section 9372
Establishment of Pennsylvania Race Horse Testing Program.
Status: in_force

(a) Establishment.--There is established the Pennsylvania Race Horse Testing Program. The program shall be administered by the commission. All costs of the program shall be paid by the appropriations allocated under section 9374 (relating to costs of enforcement of medication rules or regulations).

(b) Purpose.--The purposes of the Pennsylvania Race Horse Testing Program are to analyze samples for the presence in race horses of any medication, to develop techniques, equipment and procedures, to collect and test for the presence of medication in race horses, to ascertain permitted tolerance levels or therapeutic dose allowances for medication, to offer consultation and advice to the public on all issues regarding the medication of race horses and to conduct research in medication issues involving race horses.
3 Pa.C.S. § 5729 — PA Code / Title 3 / Chapter 57 / Section 5729
Misbranding of food.
Status: in_force

(a) General rule.--A food shall be misbranded:

(1) If its labeling is false or misleading in any way.

(2) If it is offered for sale under the name of another food.

(3) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food that is simulated.

(4) If its container is so made, formed or filled as to be misleading.

(5) If it is in a package that does not bear a label containing:

(i) The name and place of business of the manufacturer, packer or distributor.

(ii) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count. Reasonable variations are permitted and exemptions as to small packages shall be established in regulations promulgated by the secretary.

(6) If it is represented as a food for which a definition and standard of identity has been prescribed by regulation under this subchapter or under any of the Federal acts, unless it conforms to the definition and standard and its label bears the name of the food specified in the definition and standard and the common names of optional ingredients, other than spices, flavoring and coloring, present in the food.

(7) Unless its label bears the following:

(i) The common or usual name of the food, if any.

(ii) If made from two or more ingredients, the common or usual name of each ingredient is listed in descending order of predominance by weight, except that spices, flavorings and colorings not required to be certified under any of the Federal acts, other than those sold as such, may be designated as spices, flavorings and colorings without naming each.

(8) If it is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as determined by regulation to be necessary and in order to inform purchasers as to its value for such use.

(9) If it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact. Exemptions shall be established by regulations to the extent that compliance with requirements of this paragraph is impracticable. The provisions of this paragraph or paragraphs (6) and (7) with respect to artificial coloring shall not apply in the case of butter, cheese or ice cream. The provisions of this paragraph with respect to chemical preservatives shall not apply to a pesticide chemical when used in or on a raw agricultural commodity which is the produce of the soil.

(10) If it is a raw agricultural commodity bearing or containing a pesticide chemical applied after harvest, unless the shipping container of the commodity bears labeling which declares the presence of the chemical and the common or usual name and function of the chemical. A declaration shall not be required when the commodity is removed from the shipping container and is held or displayed for sale at retail in accordance with the custom of the trade.

(11) If it is a color additive, unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable to color additives in department regulations.

(12) If, at the site of purchase of the particular food, a sign, placard or other graphic matter relating to the food is false or misleading in any particular.

(b) Exceptions.--The provisions of subsection (a)(1), (2),

(3), (4), (5), (6), (7), (8), (9), (10) and (11) shall not apply to the following:

(1) Bakery goods sold at retail by the bakery directly to the consumer in a store or market stand operated by the bakery. The bakery goods must be made by the bakery, the bakery must guarantee that they are in compliance with this act in all other respects and the required information in subsection (a)(1), (2), (3), (4), (5), (6), (7), (8) and (9) must be available to the public at the point-of-sale.

(2) Bakery goods sold to the operators of retail food facilities when the required information in subsection

(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10) and

(11) is available to the public on the premises of the retail food facility.

(c) Nonpackaged food.--Food offered for retail sale in other than package form shall be accompanied by a sign, placard or notice listing the ingredients in descending order of predominance by weight.
3 Pa.C.S. § 10503 — PA Code / Title 3 / Chapter 105 / Section 10503
Authority.
Status: in_force

(a) Duties of department.--The department shall have the following duties:

(1) To administer this chapter in a manner consistent with the general evaluation criteria, including the application, evaluation and reporting processes required and employed under the annual Federal Specialty Crop Block Grant Program.

(2) To develop all necessary documents and transmit a notice of all parameters of the program, including eligible specialty crops, evaluation criteria, submittal dates, application and reporting forms and requirements and template grant agreements to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin and on the department's publicly available Internet website.

(b) Specific allocation and nonliability.--The program shall only be administered in years in which money is specifically allocated or received and made available to the department under this chapter for that purpose. The department shall not be liable for any commitment or for completion of a partially completed or partially funded project which cannot be completed due to the unavailability of Commonwealth money or future Commonwealth appropriations.
3 Pa.C.S. § 6803 — PA Code / Title 3 / Chapter 68 / Section 6803
Registration of specialty fertilizers.
Status: in_force

(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 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) The net weight.

(c) Exemption.--

(1) A distributor shall not be required to register a specialty fertilizer that is already registered under this chapter by another person, if the label does not differ in a material respect.

(2) Registration shall not be required when a fertilizer is formulated according to the specifications that are furnished by the consumer and is not further distributed or offered for sale to the general public.

(d) Late fee.--

(1) If the application for renewal of the specialty fertilizer registration required under this section is not 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, may be assessed and added to the original fee and shall be paid by the applicant before the renewal of the specialty fertilizer registration is issued.

(2) The penalty shall not apply if the applicant furnished an affidavit that the applicant has not distributed the specialty fertilizer subsequent to the expiration of the applicant's prior registration. Cross References. Section 6803 is referred to in sections 6816, 6904 of this title.
3 Pa.C.S. § 1106 — PA Code / Title 3 / Chapter 11 / Section 1106
Rules and regulations by municipality.
Status: in_force

(a) Authorization.--

(1) Except for the limitations under subsection (b), a municipality may enact conditions, prohibitions and limitations on the use and sale of consumer fireworks that are not in conflict with this chapter.

(1.1) Except for the limitations under subsection (b), a municipality may require a permit for the use of consumer fireworks. A fee for a permit shall be reasonable.

(1.2) A municipality may prohibit the use of consumer fireworks if the use of the consumer fireworks within the municipality cannot comply with section 1104(b)(5) (relating to use of consumer fireworks).

(2) Facilities with a valid license issued by the department under section 1108(a) or (e) (relating to fees, granting of licenses and inspections) prior to or within one year following the effective date of this section shall not be subject to municipal conditions, prohibitions or limitations enacted under paragraph (1) related to the sale of consumer fireworks.

(3) Except for the limitations under subsection (b), a municipality may enact the following restrictions on the use of consumer fireworks: Consumer fireworks may not be used between the hours of 10:00 p.m. and 10:00 a.m., except:

(i) on July 2, 3 and 4 and December 31, when consumer fireworks may be used until 1:00 a.m. the following day; and

(ii) when July 4 falls on a Tuesday, Wednesday or Thursday, consumer fireworks may be used until 1:00 a.m. on the immediately preceding and following Friday and Saturday.

(b) Limitations.--Except for authority exercised under subsection (a)(1.2), no municipality shall restrict or regulate the use of consumer fireworks on the following days:

(1) The days listed in subsection (a)(3)(i) and (ii).

(2) Memorial Day, including the immediately preceding Saturday and Sunday.

(3) Labor Day, including the immediately preceding Saturday and Sunday.
3 Pa.C.S. § 4512 — PA Code / Title 3 / Chapter 45 / Section 4512
Advance deposits.
Status: in_force

Prior to the issuance of any marketing program, the secretary may require the applicant therefor to deposit an amount as the secretary may deem necessary to defray the expense of preparing and making the marketing program effective. Funds shall be received, deposited and disbursed by the secretary in accordance with the provisions of handling funds in this chapter. The secretary may reimburse the applicant in the amount of the deposit from any funds received through the adopting of a marketing program pursuant to this chapter.
3 Pa.C.S. § 2106 — PA Code / Title 3 / Chapter 21 / Section 2106
Inspection.
Status: in_force

The department through the inspectors shall at least twice during each summer season inspect all queen apiaries. If from the inspection it appears that any bee disease exists in the queen apiary, the apiary inspector making the inspection shall immediately notify in writing the owner or person in charge thereof, and thereafter it shall be unlawful for that person to ship, sell or give away any queen bees from the apiary until the disease has been destroyed and a certificate of that fact has been obtained from the chief inspector. If upon inspection it is found that no bee disease exists in the queen apiary, the chief inspector shall issue a certificate of that fact, and a copy of the certificate shall be attached to each package or shipment of queen bees transported from the apiary. The certificate shall be valid for one year from the date of its issue unless revoked for cause. Cross References. Section 2106 is referred to in section 2107 of this title.
3 Pa.C.S. § 5712 — PA Code / Title 3 / Chapter 57 / Section 5712
Applicability.
Status: in_force

This subchapter shall not apply to food that meets all of the following requirements:

(1) The food is not potentially hazardous food.

(2) The food is prepared in a private home.

(3) The food is used or offered for human consumption by any of the following organizations:

(i) A tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)).

(ii) A volunteer fire company or ambulance, religious, charitable, fraternal, veterans, civic, sportsmen, agricultural fair or agricultural association or any separately chartered auxiliary of any of these associations, on a not-for-profit basis.

(iii) An organization that is established to promote and encourage participation and support for extracurricular recreational activities for youth of primary and secondary public, private and parochial school systems on a not-for-profit basis.

(4) The organization that uses or offers the food for human consumption informs consumers that the organization uses or offers food that has been prepared in private homes that are not licensed or inspected.

(5) The food is donated to an organization described under paragraph (3).
3 Pa.C.S. § 604 — PA Code / Title 3 / Chapter 6 / Section 604
General authority of commission.
Status: in_force

(a) Authority.--The commission shall retain and may utilize the authority established in the Conservation District Law and
3 Pa.C.S. § 10305 — PA Code / Title 3 / Chapter 103 / Section 10305
Grants.
Status: in_force

(a) General rule.--The department shall make grants in an amount not to exceed $7,500 to qualifying agriculture and youth organizations upon the recommendation and approval of the board.

(b) Matching funds.--Grants in an amount not to exceed $25,000 shall be awarded to qualifying agriculture and youth organizations selected to receive the awards for the purposes of capital projects. Grants for capital projects must be matched by private money in an amount equal to the State grant.

(c) Annual allocation.--The board shall establish annual allocation limits for each fiscal year. (July 7, 2022, P.L.504, No.52, eff. imd.) 2022 Amendment. Act 52 amended subsec. (a).
3 Pa.C.S. § 9341 — PA Code / Title 3 / Chapter 93 / Section 9341
Veterinarians and State stewards.
Status: in_force

(a) General rule.--The commission shall have the authority to employ or contract with licensed veterinarians, stewards and other personnel deemed appropriate by the commission to serve at each horse race meeting conducted by a licensed racing entity. The commission may employ or contract with other individuals as shall be necessary to carry out the responsibilities of this section.

(b) Costs and compensation.--The costs and compensation of the horse racing veterinarians, State stewards and other personnel shall be fixed and paid by the commission.
3 Pa.C.S. § 1562 — PA Code / Title 3 / Chapter 15 / Section 1562
Preemption.
Status: in_force

All local laws contrary to this chapter are preempted.
3 Pa.C.S. § 9327 — PA Code / Title 3 / Chapter 93 / Section 9327
Security personnel.
Status: in_force

(a) General rule.--The commission shall require licensed racing entities to employ persons as security as determined by the commission. Designated security personnel:

(1) Shall refer possible violations of the criminal laws of this Commonwealth within the racetrack or racetrack enclosure to law enforcement agencies.

(2) May not eject or exclude from the racetrack or racetrack enclosure any person because of the race, creed, color, sex, sexual orientation, national origin or religion of that person.

(b) Penalty.--An individual found within a racetrack or racetrack enclosure after having been ejected therefrom shall,

upon conviction, be guilty of a summary offense and be sentenced to pay a fine of not more than $500.
3 Pa.C.S. § 3107 — PA Code / Title 3 / Chapter 31 / Section 3107
Criteria for evaluation of applications.
Status: in_force

In approving applications for eligible projects under the program, the commission shall give priority to complete applications based upon the following criteria:

(1) Priority locations as follows and in this order:

(i) Counties designated by the Department of Environmental Protection as Tier 1 Chesapeake Bay counties.

(ii) Counties designated by the Department of Environmental Protection as Tier 2 and 3 Chesapeake Bay counties.

(iii) All other counties.

(2) Priority practices as follows:

(i) Livestock exclusion fencing.

(ii) Stream-side buffers.

(iii) Streambank restoration.

(iv) Barnyard and feedlot runoff abatement.

(v) Stream crossings.

(vi) Off-stream watering.

(vii) Manure storage facilities.

(viii) Nutrient management plans and manure management plans.

(ix) Conservation plans or agricultural erosion and sedimentation plans.

(x) Cover crops.

(xi) Any other priority practices approved by the commission.

(3) The level and extent of planning and technical assistance, such as inventory and evaluation, design work, permits and similar types of assistance, already completed to allow for accurate estimates of project costs and for completion of the project in a timely fashion.

(4) The extent to which an applicant is willing to accept a reasonable mix of grants, loans and tax credits or to supply nongovernmental matching funds for the project.

(5) Any other criteria as adopted by the commission. Cross References. Section 3107 is referred to in section 3108 of this title.
3 Pa.C.S. § 4203 — PA Code / Title 3 / Chapter 42 / Section 4203
Definitions.
Status: in_force

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:

"Account." The Aquaculture Development Account.

"Advisory committee." The Aquaculture Advisory Committee in the Department of Agriculture.

"Aquaculture." A form of agriculture which is the controlled cultivation of aquatic plants, animals and microorganisms.

"Aquarium species." Any aquatic species which may not be propagated in open air facilities within this Commonwealth under normal circumstances and are primarily kept indoors in glass aquariums for their aesthetic value.

"Aquatic organism." Any plant or animal that grows or lives in or upon the water.

"Artificial propagation." Rearing any species of fish during any stage of the species' life cycle from inception by natural or artificial means to the adult stage of the species.

"Baitfish." The following fish, unless otherwise provided by departmental regulation:

(1) All forms of the minnow family (Cyprinidae) except carp and goldfish.

(2) Suckers, chubs, fallfish, lampreys and eels measuring less than eight inches in length.

(3) All forms of darters, killifish and madtoms (otherwise known as stonecats).

"Commission." The Pennsylvania Fish and Boat Commission.

"Department." The Department of Agriculture of the Commonwealth.

"Finfish." True fish which are any number of strictly aquatic craniate vertebrates that include the teleosts, elasmobranches and cyclostomes. These fish typically have an elongated, spindle-shaped body terminating in a caudal fin.

"Fish." When used as a noun, the term includes all game fish, fish bait, baitfish, amphibians, reptiles and aquatic organisms.

"Hobby breeder." Any person who keeps and propagates aquatic animals on a small scale. A small scale is gross annual sales of less than $1,000.

"Ornamental species." Any aquatic organism kept primarily for its aesthetic value which can be propagated in open-air facilities within this Commonwealth under normal circumstances.

"Pet store." A commercial outlet engaged in the retail sale of pets and related products to the public.

"Secretary." The Secretary of Agriculture of the Commonwealth.

"Watershed." One of the five major watersheds located within this Commonwealth:

(1) Lake Erie.

(2) Ohio.

(3) Delaware.

(4) Susquehanna.

(5) Potomac. Smaller watersheds not considered as part of these five shall be identified by the Pennsylvania Fish and Boat Commission as annexes to one of the five listed. (Mar. 28, 2000, P.L.34, No.9, eff. 60 days) 2000 Amendment. Act 9 added the def. of "pet store."
3 Pa.C.S. § 1513 — PA Code / Title 3 / Chapter 15 / Section 1513
General permits.
Status: in_force

General permits may be issued for the research, marketing, retail, wholesale, transport, storage, warehousing, display, distribution, cultivation or propagation of controlled plants under the following circumstances:

(1) General permits may be issued on a Statewide or regional basis for controlled plants where the controlled plants have similar characteristics and are capable of being cultivated, propagated, processed and controlled or eradicated in a similar fashion.

(2) General permits shall be published in the Pennsylvania Bulletin effective upon publication.

(3) An applicant seeking a general permit under this section shall inform the department of the applicant's intended use of the general permit and complete an application for approval to operate under the general permit requirements. The application shall include a written plan establishing the practices and methods the applicant will utilize in order to assure compliance with the general permit requirements established by the department. In addition to the written plan, the application shall state, at a minimum, all of the information required under section 1514(5)(i),

(ii), (iii), (iv), (v), (vi), (vii) and (viii) (relating to individual permits).

(4) Before the approval and issuance of a general permit, the department may enter onto and inspect the land and premises, including buildings and conveyances, that will be utilized for the purpose of engaging in an activity authorized by the permit regarding a controlled plant. The inspection shall be conducted during normal business hours.
3 Pa.C.S. § 6822 — PA Code / Title 3 / Chapter 68 / Section 6822
Unlawful conduct.
Status: in_force

It shall be unlawful for a person to fail to comply with or cause to assist in the violation of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.
3 Pa.C.S. § 317 — PA Code / Title 3 / Chapter 3 / Section 317
Attorney fees and costs.
Status: in_force

In an action brought under section 315(b) (relating to right of action), the court may do any of the following:

(1) If the court determines that the local government unit enacted or enforced an unauthorized local ordinance with negligent disregard of the limitation of authority established under State law, it may order the local government unit to pay the plaintiff reasonable attorney fees and other litigation costs incurred by the plaintiff in connection with the action.

(2) If the court determines that the action brought by the plaintiff was frivolous or was brought without substantial justification in claiming that the local ordinance in question was unauthorized, it may order the plaintiff to pay the local government unit reasonable attorney fees and other litigation costs incurred by the local government unit in defending the action.
3 Pa.C.S. § 702 — PA Code / Title 3 / Chapter 7 / Section 702
Definitions.
Status: in_force

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:

"Agricultural pilot program." A pilot program to study the growth, cultivation or marketing of industrial hemp.

"Control order." A written order issued by the department to a person establishing required treatment measures, including destruction, for a violation of a provision of this chapter or a regulation, permit or order issued under this chapter.

"Department." The Department of Agriculture of the Commonwealth.

"Industrial hemp." The plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.

"Institution of higher education." As defined by section 101 of the Higher Education Act of 1965 (Public Law 89-329, 79 Stat. 1219).

"Secretary." The Secretary of Agriculture of the Commonwealth.
3 Pa.C.S. § 1543 — PA Code / Title 3 / Chapter 15 / Section 1543
Enforcement and penalties.
Status: in_force

(a) Criminal penalties.--Unless otherwise specified, a person who violates a permit, a provision of this chapter or a rule or regulation adopted pursuant to this chapter or any order issued under this chapter:

(1) For the first offense, commits a summary offense and may, upon conviction, be sentenced for each offense to pay a fine of not less than $100 and costs of prosecution

or to undergo imprisonment for a term which shall be fixed at not more than 90 days, or both.

(2) For a subsequent offense committed within three years of a prior conviction for a violation of this chapter or a rule, regulation or order made pursuant to this chapter, commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than $500 and costs of prosecution or to imprisonment for not more than two years, or both.

(b) Civil penalties.--

(1) In addition to any other remedy available at law or in equity for a violation of this chapter, the department may assess a civil penalty of not more than $10,000, plus cost of remediation, containment or eradication, upon a person for each violation of this chapter, a permit or a regulation promulgated or order issued under the authority of this chapter. The civil penalty assessed shall be payable to the department for deposit into the account. The penalty amount shall be collectible in any manner provided by law for the collection of debt, including referring any collection matter to the Office of Attorney General, which shall recover the amount by action in the appropriate court.

(2) No civil penalty shall be assessed unless the person who assessed the penalty has been given notice and an opportunity for a hearing on the assessment in accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
3 Pa.C.S. § 1112 — PA Code / Title 3 / Chapter 11 / Section 1112
Consumer fireworks tax.
Status: in_force

(a) Imposition.--In addition to any other tax imposed by law, a tax is imposed on each separate sale at retail of consumer fireworks, which tax shall be collected by the retailer from the purchaser at the time of sale and shall be paid over to the Commonwealth as provided in this section. A tax imposed under this subsection on each separate sale at retail shall be paid to and received by the Department of Revenue and, along with interest and penalties, shall be deposited into the General Fund.

(b) Rate.--The tax authorized under subsection (a) shall be imposed and collected at the rate of 12% of the purchase price per item sold. The purchase price shall not include State and local sales taxes.

(c) Collection and administration.--The provisions of Part VI of Article II of the Tax Reform Code shall apply to the tax authorized under subsection (a). No additional fee shall be charged for a license or license renewal other than the license or annual license fee required under section 1108 (relating to fees, granting of licenses and inspections) and the license or renewal fee authorized and imposed under Article II of the Tax Reform Code. Cross References. Section 1112 is referred to in sections 1107, 1113 of this title.
3 Pa.C.S. § 2116 — PA Code / Title 3 / Chapter 21 / Section 2116
Concurrent remedies.
Status: in_force

The penalties and remedies prescribed by this chapter are concurrent. The existence or exercise of any remedy shall not prevent the exercise of any other remedy under this chapter.
3 Pa.C.S. § 2323 — PA Code / Title 3 / Chapter 23 / Section 2323
Health requirements.
Status: in_force

(a) Interstate and intrastate movement of domestic animals.--The department may establish identification and minimum health standards for the importation or the intrastate movement of domestic animals in this Commonwealth and may establish procedures for certification of the health status of domestic animals imported into or transported within this Commonwealth. If the department shall suspect the genuineness of any health certificate or official disease test report relating to domestic animals or shall question the competency of the person who shall have issued such report or certificate, the department may decline to accept the same and may refuse to permit the importation or intrastate movement of the domestic animals concerned unless a certificate or report is furnished from the proper inspector of the state or country of origin or USDA-APHIS-VS or unless the department shall otherwise determine.

(b) Violations.--

(1) It shall be unlawful for any person to knowingly, recklessly or negligently import or bring into this Commonwealth without the written permission of the department any domestic animal that is contaminated with a hazardous

substance or that is infected with or that has been exposed to any transmissible disease.

(2) It shall be unlawful for any person to knowingly, recklessly or negligently import or bring into this Commonwealth any domestic animal in violation of any of the provisions of this chapter, an order entered under authority of this chapter or any attendant regulation to prevent the introduction of any transmissible disease.

(3) It shall be unlawful for any person to knowingly, recklessly or negligently receive or keep or have in his keeping or possession any domestic animal imported, brought into or transported within this Commonwealth in violation of any of the provisions of this chapter or to allow any such domestic animal to come into contact with any other domestic animal.

(c) Authority to remove or slaughter.--Whenever any domestic animal is imported into this Commonwealth or transported within this Commonwealth in violation of this chapter, the department shall have authority to cause such domestic animal to be removed from this Commonwealth or the domestic animal removed directly to slaughter or destroyed without indemnity.
3 Pa.C.S. § 4611 — PA Code / Title 3 / Chapter 46 / Section 4611
Pennsylvania Preferred® trademark and Pennsylvania Preferred Organic® trademark.
Status: in_force

The department may take all actions necessary and appropriate to acquire, create, establish, register, maintain, license, promote and protect a Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark for use on or in connection with the sale, marketing or promotion of a Pennsylvania-produced agricultural commodity or a Pennsylvania-produced organic agricultural commodity. (July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days)
3 Pa.C.S. § 4187.1 — PA Code / Title 3 / Chapter 41 / Section 4187.1
Scope of subchapter.
Status: in_force

This subchapter relates to automotive fuel testing and disclosure.
3 Pa.C.S. § 4613 — PA Code / Title 3 / Chapter 46 / Section 4613
Duties and authority of department.
Status: in_force

(a) Department authority to enter into trademark license agreements.--

(1) The department may enter into a trademark license agreement with a qualified entity.

(2) The department shall establish the terms and conditions under which a person may be licensed to use the Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark. Terms and conditions shall require a licensee to produce, process, promote or market an agricultural commodity or an organic agricultural commodity in a manner acceptable to the department which protects the reputation of the Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark.

(3) The department may periodically review a licensing agreement to determine if the terms are being met.

(b) Cooperative activities.--The department may engage in cooperative activities to implement and advance the purposes of this chapter. (July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days)

2023 Amendment. Act 21 amended subsec. (a)(2). 2019 Amendment. Act 36 renumbered former section 4605 to present section 4613.
3 Pa.C.S. § 11108 — PA Code / Title 3 / Chapter 111 / Section 11108
Applicability.
Status: in_force

This chapter shall apply to the distribution of account money allocated or made available to the department beginning with the 2019-2020 fiscal year and each fiscal year thereafter. The department shall not be liable for a commitment or for completion of a partially completed or partially funded project which cannot be completed due to the unavailability of Commonwealth money or future Commonwealth appropriations.
3 Pa.C.S. § 4632 — PA Code / Title 3 / Chapter 46 / Section 4632
Definitions (Repealed).
Status: repealed

2023 Repeal. Section 4632 was repealed November 1, 2023, P.L.148, No.21, effective in 60 days.
3 Pa.C.S. § 6502 — PA Code / Title 3 / Chapter 65 / Section 6502
Definitions.
Status: in_force

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: "Advisory board" or "board." (Deleted by amendment).

"Certificate." A certificate of completion issued by a certification program that has been evaluated and listed by an accrediting agency that has been recognized by the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Program.

"Conference for Food Protection." An independent, national voluntary nonprofit organization to promote food safety and consumer protection. Participants in this organization include Federal, State and local regulatory agencies, universities, test providers, certifying organizations, consumer groups, food service and retail store trade associations and retail food facility operators. The objectives of the organization include identifying and addressing food safety problems and promoting uniformity of regulations in food protection.

"Employee." As defined under section 5702 (relating to definitions).

"Food establishment." As defined in section 5722 (relating to definitions).

"Organized camp." As defined in section 5702 (relating to definitions).

"Person in charge." As defined in section 5702 (relating to definitions).

"Potentially hazardous food." As defined in section 5702 (relating to definitions).

"Proprietor." As defined in section 5702 (relating to definitions).

"Public eating or drinking place." A public eating or drinking place as defined in section 5702 (relating to definitions).

"Retail food establishment." As defined in section 5702 (relating to definitions).

"Retail food facility." A public eating or drinking place or a retail food establishment.

"Supervisory employee." (Deleted by amendment). (Nov. 23, 2010, P.L.1039, No.106, eff. 60 days)
3 Pa.C.S. § 7108 — PA Code / Title 3 / Chapter 71 / Section 7108
Certification and inspection of crops.
Status: in_force

Any grower of potatoes, agricultural, vegetable, tree and shrub seeds or plants vegetatively propagated and located in this Commonwealth may make application to the department for inspection and certification of his crop for seed or propagation purposes under such rules and regulations as the department may issue. The department or its authorized agents shall issue such certificates of inspection and designate or provide such official tags for marking containers of "certified seed" or "certified planting material" and establish such standards of grade and quality as are necessary to safeguard the privileges and services provided for in this chapter.
3 Pa.C.S. § 2315 — PA Code / Title 3 / Chapter 23 / Section 2315
Disputes in custody or ownership.
Status: in_force

Disputes in custody or ownership of domestic animals that bear brands, tattoos or other forms of identification shall be investigated on request by the sheriff of the county where the domestic animals are located. The sheriff may call upon the services of a licensed veterinarian in reading the brands, tattoos or other forms of identification on domestic animals. The cost of the veterinarian's services shall be borne by the person requesting the investigation. The results of the sheriff's investigation shall be a public record and shall be admissible in evidence.
3 Pa.C.S. § 4810 — PA Code / Title 3 / Chapter 48 / Section 4810
Agricultural Business Development Center Fund.
Status: in_force

(a) Establishment.--The Agricultural Business Development Center Fund is established in the State Treasury as a special fund which shall be an interest-bearing restricted revenue account. Money collected by the department under this chapter or appropriated, given, granted or donated for the purpose established under this chapter by the Commonwealth or any other government or private agency or person shall be deposited into the fund.

(b) Appropriation.--Money in the fund is appropriated on a continuing basis to the department for the purpose of administering this chapter. All interest and earnings received from investments or deposits of the money in the fund shall be paid into the account for the purpose authorized by this section. Unexpended money and interest or earnings on the money in the fund may not be transferred or revert to the General Fund but shall remain in the account to be used by the department for the purpose specified under this section. Cross References. Section 4810 is referred to in section 4802 of this title.
3 Pa.C.S. § 708 — PA Code / Title 3 / Chapter 7 / Section 708
Disposition of funds.
Status: in_force

(a) Deposit of funds.--All fees, fines and penalties collected under this chapter shall be paid into a subaccount in a special restricted account in the General Fund known as the Plant Pest Management Account and shall be appropriated by the General Assembly to the department for the purpose of this chapter. The money in the subaccount shall not replace revenues appropriated to the fund as allowed under subsection (b).

(b) Supplement to account.--The subaccount in the Plant Pest Management Account may be supplemented by:

(1) Funds appropriated from the General Assembly to the department for purposes of this chapter.

(2) Federal funds appropriated to the department for purposes of this chapter.

(3) Gifts and other contributions from public or private sources for purposes of this chapter.
3 Pa.C.S. § 4128 — PA Code / Title 3 / Chapter 41 / Section 4128
Packages; declarations of quantity and origin; variations; exemptions.
Status: in_force

(a) Declarations.--Except as otherwise provided in this subchapter, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce kept for the purpose of sale or offered or exposed for sale in intrastate commerce shall bear on the outside of the package such definite, plain and conspicuous declarations of:

(1) The identity of the commodity in the package unless the same can easily be identified through the wrapper or container.

(2) The net quantity of the contents in terms of weight, measure or count.

(3) In the case of any package kept, offered or exposed for sale or sold any place other than on the premises where packed, the name and place of business address of the manufacturer, packer or distributor as may be prescribed by regulation issued by the department, provided that, in connection with the declaration required under paragraph

(2), neither the qualifying term "when packed" or any words of similar import nor any term qualifying a unit of weight,

measure or count (for example, "jumbo," "giant," "full" and the like) that tends to exaggerate the amount of commodity in a package shall be used.

(b) Reasonable variations.--Under subsection (a)(2), the department shall, by regulation, establish:

(1) Reasonable variations to be allowed which may include variations below the declared weight or measure caused by ordinary and customary exposure only after the commodity is introduced into intrastate commerce to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure.

(2) Exemptions as to small packages.

(3) Exemptions as to commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer.

(c) Other commodities.--All commodities not considered as commodities in package form within the meaning of this chapter or labeled as to net contents at the time of sale shall be counted, measured or weighed in full view of the purchaser at the time of sale on a weighing or measuring device approved by the department and inspected as to accuracy by several State, county and city inspectors of weights and measures, and a statement of result of such count, measure or weight shall be made to the purchaser by the person making the sale. All commodities not considered as commodities in package form within the meaning of this chapter or labeled as to net contents at the time of sale, and which shall be ordered by telephone or in some manner wherein the purchaser is not present at the time the commodities are weighed, measured or counted, shall have marked plainly thereon by the seller or his agent the contents either by weight, measure or count, or a written memorandum of the same shall be delivered with the commodity to purchaser. Cross References. Section 4128 is referred to in section 4129 of this title.
3 Pa.C.S. § 4187.5 — PA Code / Title 3 / Chapter 41 / Section 4187.5
Automotive fuel rating, disclosure and labeling requirements.
Status: in_force

(a) Disclosure requirements.--Each distributor, producer or refiner who sells or offers or exposes for sale or delivers, distributes, blends or produces automotive fuel in this Commonwealth shall provide, at the time of delivery, a bill, shipping manifest or other type of written invoice to the person who receives the automotive fuel. The bill, shipping manifest or other written invoice shall state the automotive fuel rating.

(b) Posting and labeling requirements.--

(1) Each retailer of automotive fuel in this Commonwealth shall label in a clear and conspicuous manner each automotive fuel dispenser which is used to sell or offer or expose for sale automotive fuel, with the automotive fuel rating of the fuel, which shall be consistent with the automotive fuel rating certified to the retailer by the refiner, distributor or oxygenate blender, as the case may be.

(2) In the case of gasoline which is blended with other gasoline, the automotive fuel rating shall be the average, weighted by volume, of the octane rating certified to the retailer by the distributor or refiner for each gasoline in the blend or consistent with the lowest octane rating for any gasoline in the blend as certified to the retailer by a refiner or distributor.

(c) Oxygenated gasoline labeling requirements.--A person who sells or offers or exposes oxygenated gasoline for sale shall clearly and conspicuously label the dispenser which is used to sell oxygenated gasoline at retail or to dispense oxygenated gasoline into the fuel supply tanks of motor vehicles with a notice stating that the gasoline is oxygenated.

(d) (Reserved). Cross References. Section 4187.5 is referred to in sections 4187.6, 4187.7 of this title.
3 Pa.C.S. § 2355 — PA Code / Title 3 / Chapter 23 / Section 2355
Licensing procedure.
Status: in_force

(a) Applications and fees.--Any person intending to operate a dead domestic animal disposal business within this Commonwealth shall, prior to the commencement of business, file an application with the department for the issuance of a dead domestic animal disposal business license. The application shall be made on a form provided by the department. A license fee of $100 shall be submitted to the department for each dead domestic animal disposal plant to be operated by the applicant within this Commonwealth. This license fee may be changed by the department through regulations.

(b) Term of license and renewal.--A license issued under this subchapter shall expire as of the end of the calendar year for which it was issued, except that licensure shall be continued pending renewal or denial by the department if the renewal application is received by the department no later than December 1 immediately preceding the calendar year for which license renewal is sought.
3 Pa.C.S. § 4113 — PA Code / Title 3 / Chapter 41 / Section 4113
Registration of sellers, installers and repairers of weighing and measuring devices.
Status: in_force

The department shall have the authority to establish, by regulation, a program requiring the registration of persons engaged in the business of selling, installing, servicing and repairing various types of commercial weighing and measuring devices. The program may prescribe minimum field standards to be maintained by those persons to adequately test and place weighing and measuring devices into commercial service. The program may also require that those persons give adequate notice to the responsible weights and measures jurisdiction of the installation of a commercial weighing and measuring device.
3 Pa.C.S. § 2 — PA Code / Title 3 / Chapter 2 / Section 2
Transition provisions.
Status: in_force

(a) Licenses and registrations.--A license granted or registration made under the act of May 29, 1956 (1955 P.L.1795, No.598), known as the Pennsylvania Fertilizer, Soil Conditioner and Plant Growth Substance Law, in effect on the effective date of this act shall remain valid and in effect until its scheduled expiration date.

(b) Continuation of regulations.--Except to the extent that they are inconsistent with any provisions of this act, regulations promulgated under the act of May 29, 1956 (1955 P.L.1795, No.598), known as the Pennsylvania Fertilizer, Soil Conditioner and Plant Growth Substance Law, in effect on the effective date of this act shall continue in effect unless subsequently modified by regulations promulgated by the department under this act.

(c) Transfer of funds.--All funds made available to the department pursuant to the act of May 29, 1956 (1955 P.L.1795, No.598), known as the Pennsylvania Fertilizer, Soil Conditioner and Plant Growth Substance Law, which remain unexpended, uncommitted and unencumbered as of the effective date of this act, shall be transferred to the Agronomic Regulatory Account. Explanatory Note. Act 97 added Chapters 67 and 69 of Title 3. 2004, NOVEMBER 29, P.L.1302, NO.164 § 3. Continuation of regulations. Except to the extent that they are inconsistent with any provisions of this act, regulations promulgated under the act of August 17, 1965 (P.L.354, No.187), known as The Pennsylvania Seed Act of 1965, and the act of April 11, 1929 (P.L.488, No.205), referred to as the Certified Seed Law, in effect on the effective date of this act shall continue in effect unless subsequently modified by regulations promulgated by the department under this act. Explanatory Note. Act 164 amended section 6725 and added
3 Pa.C.S. § 4602 — PA Code / Title 3 / Chapter 46 / Section 4602
Definitions.
Status: in_force

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:

"Agricultural commodity." Any of the following:

(1) Agricultural, apicultural, aquacultural, horticultural, floricultural, silvicultural, viticultural and dairy products.

(2) Livestock and the products thereof.

(3) Ranch-raised furbearing animals and the products thereof.

(4) Poultry and the products of poultry.

(5) Products commonly raised or produced on farms which are:

(i) intended for human consumption; or

(ii) transported or intended to be transported in commerce.

(6) Processed or manufactured products of products commonly raised or produced on farms which are:

(i) intended for human consumption; or

(ii) transported or intended to be transported in commerce.

"Department." The Department of Agriculture of the Commonwealth.

"FDA." The Food and Drug Administration of the Department of Health and Human Services of the United States.

"Licensee." A qualified entity that is subject to a Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark license agreement with the department.

"Organic agricultural commodity." An agricultural commodity that meets the definition of "organically produced" under 7 U.S.C. Ch. 94 (relating to organic certification).

"Pennsylvania Preferred Organic® trademark." One or more trademarks that consist of the phrase "Pennsylvania Preferred Organic" or "PA Preferred Organic," and that may include specific graphic designs or artwork as part of the trademark registration and which is used to identify a Pennsylvania-produced organic agricultural commodity.

"Pennsylvania Preferred® trademark." One or more trademarks that consist of the phrase "Pennsylvania Preferred" or "PA Preferred," and that may include specific graphic designs or artwork as part of the trademark registration.

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

"Qualified entity." A person that produces, processes, prepares, sells, offers for sale, markets, promotes or is involved with any aspect of production, processing, preparation, promotion, marketing, sale or offering for sale of a

Pennsylvania-produced agricultural commodity or Pennsylvania-produced organic agricultural commodity.

"Qualified veteran." A qualified entity that:

(1) is a veteran of one or more of the armed forces of the United States, including the United States Army, the United States Navy, the United States Marine Corps, the United States Air Force or the United States Coast Guard; and

(2) has received an honorable discharge or a general discharge under honorable conditions.

"Qualified veteran business entity." A qualified entity to which:

(1) The entity is a corporation, partnership, association or other business organization.

(2) Qualified veterans make up 50% or more of the entity's ownership and a minimum of 50% of the entity's management control.

"USDA." The United States Department of Agriculture. (Nov. 1, 2023, P.L.148, No.21, eff. 60 days) 2023 Amendment. Act 21 amended the defs. of "licensee" and "qualified entity" and added the defs. of "organic agricultural commodity," "Pennsylvania Preferred Organic® trademark," "qualified veteran" and "qualified veteran business entity."
3 Pa.C.S. § 6810 — PA Code / Title 3 / Chapter 68 / Section 6810
Misbranding.
Status: in_force

No person may distribute a fertilizer that is misbranded. A fertilizer shall be deemed to be misbranded if any of the following apply:

(1) Its labeling is false or misleading.

(2) It is distributed under the name of another fertilizer.

(3) It is not labeled as required in section 6805 (relating to labels and labeling) and in accordance with regulations prescribed under this chapter.

(4) It purports to be or is represented as a fertilizer or is represented as containing a plant nutrient or fertilizer, unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by regulation.

(5) The label or labeling are in conflict with section 6813 (relating to application of fertilizer to turf).
3 Pa.C.S. § 6813 — PA Code / Title 3 / Chapter 68 / Section 6813
Application of fertilizer to turf.
Status: in_force

(a) Application rates.--Except as provided in subsections

(c) and (d), fertilizer application rates to turf:

(1) Shall not exceed 0.7 pounds of readily available nitrogen per 1,000 square feet per application.

(2) Shall not exceed 0.9 pounds of total nitrogen per 1,000 square feet per application except, when labeled as an enhanced-efficiency nitrogen fertilizer, the amount of nitrogen released at any given time shall not exceed 0.7 pounds of nitrogen per 1,000 square feet.

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

(i) establishing vegetation for the first time;

(ii) reestablishing or repairing a turf area; or

(iii) as an enhanced-efficiency phosphorus fertilizer, natural organic fertilizer or organic-based fertilizer, if 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.

(b) Restrictions.--No person may:

(1) Apply fertilizer labeled for use on turf to an impervious surface. Fertilizer labeled for use on turf that is 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.

(3) (Deleted by amendment).

(4) Apply fertilizer containing more than 0.5 pounds of total nitrogen per 1,000 square feet, or at a rate established in regulations promulgated by the department, to turf after December 15 and before March 1 or dates as established in regulations promulgated by the department.

(c) Fertilizer use and application rates for turf.--

(1) The department may establish use and application rates for fertilizer that is applied to turf.

(2) The current rates or source of established fertilizer use and application rates shall be published at least once every two years by the department transmitting a notice to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(3) New application rates or changes to established fertilizer use and application rates shall:

(i) Be based on appropriately peer-reviewed scientific research representing conditions of this Commonwealth and recommended by The Pennsylvania State University or other institution of higher education in this Commonwealth.

(ii) Be as protective or more protective of water quality as those rates specified in subsection (a).

(iii) Be published as a notice of public comment in the Pennsylvania Bulletin and allow for a 30-day public comment period. The department shall respond to all comments received and make a copy of the comments publicly available. The new rates or changes shall be published as final rates in the Pennsylvania Bulletin and take effect upon publication.

(d) Application based on soil test and site-specific plan.--A person shall not be required to follow application rates established under subsection (a) or (c) if a site-specific plan is used based on all the following:

(1) A soil test was conducted within the previous three years and in accordance with procedures recommended by The Pennsylvania State University.

(2) Current soil, plant species, climate, use, topography or other appropriate management factors.

(3) Rates recommended by The Pennsylvania State University or other institution of higher education in this Commonwealth approved by the department.

(e) (Reserved).

(f) Additional requirements.--The department may establish additional requirements through regulation.

(g) Exemption.--This section shall not apply to fertilizer applied to land used for an agricultural operation or by a public or private institution of higher education for research purposes. (Nov. 1, 2023, P.L.146, No.20, eff. imd.) 2023 Amendment. Act 20 amended subsec. (b). Cross References. Section 6813 is referred to in sections 6804, 6810 of this title.
3 Pa.C.S. § 4161 — PA Code / Title 3 / Chapter 41 / Section 4161
Separation required.
Status: in_force

When more than one type of solid fuel or other commodity is sold or delivered to a consumer, the vehicle making the delivery shall have a partition separating each type of solid fuel or other commodity, and each type shall be accompanied by a weighmaster's certificate, except as otherwise provided for in this subchapter.
3 Pa.C.S. § 5731 — PA Code / Title 3 / Chapter 57 / Section 5731
Poisonous or deleterious substances and tolerances.
Status: in_force

(a) Additions to food.--A poisonous or deleterious substance added to a food, except where the substance is required in its production and cannot be avoided by good manufacturing practice, shall be deemed to be unsafe unless added in compliance with the Federal acts.

(b) Pesticide chemicals in or on raw agricultural commodities.--A poisonous or deleterious pesticide chemical, or any chemical which is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals as safe for use, added to a raw agricultural commodity shall be deemed unsafe unless added in compliance with the Federal acts.

(c) Unsafe food additives.--A food additive shall, with respect to any particular use or intended use, be deemed to be unsafe for the purposes of the application of section 5728(4) (relating to adulteration of food) unless it and its intended use conform to the terms of an exemption which is in effect under this section or unless there is in effect, and it and its intended use are in conformity with, a regulation issued under this section prescribing the conditions under which the additive may be safely used. A food which is in compliance with a regulation relating to a food additive shall not, by reason of bearing or containing an additive in accordance with the regulations, be considered adulterated within the meaning of section 5728(4). Cross References. Section 5731 is referred to in sections 5723, 5728 of this title.
3 Pa.C.S. § 2112 — PA Code / Title 3 / Chapter 21 / Section 2112
Imported bees.
Status: in_force

No person shall import any living insects belonging to the genus Apis from any foreign country except Canada for any purpose without written permission from the department.
3 Pa.C.S. § 1524 — PA Code / Title 3 / Chapter 15 / Section 1524
Appeal process.
Status: in_force

An administrative appeal shall be taken and hearing conducted in accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action). A person must file an appeal of an enforcement action by the department within 15 days of the date of the enforcement action. Cross References. Section 1524 is referred to in section 1512 of this title.
3 Pa.C.S. § 2330 — PA Code / Title 3 / Chapter 23 / Section 2330
Condemnation.
Status: in_force

The department shall have the authority to condemn and seize or cause to be destroyed any quarantined domestic animal, domestic animal product, conveyance or other quarantined article that has been determined by the department as having been exposed to a dangerous transmissible disease or a hazardous substance such that destruction of the domestic animal, domestic animal product, conveyance or other article is necessary to prevent the spread of such disease or contamination.
3 Pa.C.S. § 2349 — PA Code / Title 3 / Chapter 23 / Section 2349
Records and inspections.
Status: in_force

Every dealer, agent and hauler shall keep such accounts, records and memoranda as are determined by the department to be sufficient to identify all living or dead domestic animals handled and their origin and disposition to fully and clearly disclose all transactions involved in his business, including the true ownership of such business by stockholders or otherwise. Every dealer, agent and hauler shall also keep records of such health certifications and sanitary measures as are required under the provisions of this chapter or its regulations. The department may investigate the records of any applicant or licensee under this subchapter. The applicant or

licensee shall provide its records upon the department's request. Information unrelated to the purpose of the investigation and relating to the general business of the applicant or licensee shall be deemed to be of confidential nature by the department. The department shall conduct such inspections as are necessary to assure the sanitary and humane handling of domestic animals.
3 Pa.C.S. § 1109 — PA Code / Title 3 / Chapter 11 / Section 1109
Conditions for facilities.
Status: in_force

A facility licensed by the Department of Agriculture under section 1108 (relating to fees, granting of licenses and inspections) shall be exclusively dedicated to the storage and sale of consumer fireworks and related items, and the facility shall operate in accordance with the following rules:

(1) There shall be security personnel on the premises for the seven days preceding and including July 4 and on December 31.

(2) No smoking shall be permitted in the facility.

(3) No cigarettes or tobacco products, matches, lighters or any other flame-producing devices shall be permitted to be taken into the facility.

(4) No minors shall be permitted in the facility unless accompanied by an adult, and each minor shall stay with the adult in the facility.

(5) All facilities shall carry at least $2,000,000 in public and product liability insurance.

(6) A licensee shall provide its employees with documented training in the area of operational safety of a facility. The licensee shall provide to the Department of Agriculture written documentation that each employee has received the training.

(7) No display fireworks or federally illegal explosives under 49 CFR 173.54 (relating to forbidden explosives) shall be stored or located at a facility.

(8) No person who appears to be under the influence of intoxicating liquor or drugs shall be admitted to the facility, and no liquor, beer or wine shall be permitted in the facility.

(9) Emergency evacuation plans shall be conspicuously posted in appropriate locations within the facility.

(10) Written notice shall be conspicuously posted or provided with each purchase of consumer fireworks that provides the conditions and prohibitions for use of consumer fireworks under section 1104 (relating to use of consumer fireworks) and that additional conditions, prohibitions and limitations may be implemented by a municipality. Cross References. Section 1109 is referred to in section 1108 of this title.
3 Pa.C.S. § 4118 — PA Code / Title 3 / Chapter 41 / Section 4118
Stop-use, stop-removal and removal orders.
Status: in_force

(a) Orders.--The department shall have the power to issue stop-use orders, stop-removal orders and removal orders with respect to weights and measures being commercially used and to issue stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered or exposed for sale, sold or in the process of delivery, whenever, in the course of the department's enforcement of the provisions of this subchapter, the department deems it necessary or expedient to issue such orders.

(b) Prohibitions.--No person shall use, remove from the premises specified or fail to remove from the premises specified any weight, measure or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order or removal order issued under the authority of this section.

(c) Appeal.--Whenever an aggrieved person shall appeal or seek to enjoin enforcement of any order issued by the department pursuant to this section, such proceeding shall be brought in the court of common pleas of the judicial district in which the weight, measure or commodity was located at the time of the issuance of the department's order. Cross References. Section 4118 is referred to in sections 4121, 4122 of this title.
3 Pa.C.S. § 4129 — PA Code / Title 3 / Chapter 41 / Section 4129
Declarations of unit price on random packages.
Status: in_force

In addition to the declarations required by section 4128 (relating to packages; declarations of quantity and origin; variations; exemptions), any commodity in package form, the package being one of a lot containing random weights, measures or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure or count.
3 Pa.C.S. § 4102 — PA Code / Title 3 / Chapter 41 / Section 4102
Definitions.
Status: in_force

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:

"Bureau." The Bureau of Ride and Measurement Standards in the Department of Agriculture.

"Certified Examiner of Weights and Measures." An individual who has successfully completed the training course or courses prescribed by the National Institute of Standards and Technology and who complies with certification standards promulgated under section 4110(a)(4) (relating to specific powers and duties of department; regulations).

"Certified parking meter inspector." An individual who is certified by the Department of Agriculture to inspect and certify the accuracy of parking meters.

"Commodity." Anything such as goods, wares, merchandise, compound mixture or preparation, products of manufacture or any tangible personal property which may be lawfully kept, sold or offered for sale or any product being transported by vehicle and sold or priced by weight or any service priced by weight.

"Commodity in package form." Commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of any auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. An individual item or lot of any commodity not in package form as defined in this section but on which there is a marked selling price based on an established price per unit of weight or measure shall be construed to be commodity in package form. "Consumer package" or "package of consumer commodity." A commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions and which usually is consumed or expended in the course of the consumption or use.

"Cord." When used in connection with wood intended for fuel purposes, the amount of wood that is contained in a space of 128 cubic feet when the wood is racked and well stowed.

"Director." The Director of the Bureau of Ride and Measurement Standards in the Department of Agriculture.

"Domestic consumers." Those in residences, apartment houses, stores, churches, office buildings and similar edifices, as distinguished from industrial plants.

"Inspector." A State inspector of weights and measures.

"Intrastate commerce." Any and all commerce or trade that is begun, carried on and/or completed wholly within the limits of this Commonwealth.

"Introduced into intrastate commerce." The time and place at which the first sale and/or delivery of a commodity is made within this Commonwealth, the delivery being made either

directly to the purchaser or to a common carrier for shipment to the purchaser.

"Light fuel oils." Kerosene, number one fuel oil, number two fuel oil, number three fuel oil and any similar oil used for domestic heating as distinguished from heavy industrial oils.

"Local government unit." Any city, borough, township or town or any home rule municipality, optional charter municipality or similar general purpose unit of government which may be created or authorized by statute. "Nonconsumer package" or "package of nonconsumer commodity." Any commodity in package form other than a consumer package, and particularly a package designed solely for industrial or institutional use or for wholesale distribution only.

"Sealer." A sealer or deputy sealer of weights and measures of a city, county or joint city-county jurisdiction. "Sell" or "sale." Barter and exchange.

"Solid fuel." Anthracite, semianthracite, bituminous, semibituminous or lignite coal, briquettes, boulets, coke, gas-house coke, petroleum coke, carbon, charcoal or any other natural, manufactured or patented fuel not sold by liquid or metered measure.

"Type." A class the individual objects of which are similar to another in design, construction, size and material.

"Use in trade or commerce." Buying or selling goods, wares, merchandise or services.

"Vehicle." Any device in, upon or by which any property, produce, commodity or article is or may be transported or drawn.

"Weights and measures." All weights and measures of every kind, instruments and devices for weighing and measuring and any appliances and accessories associated with any or all such instruments and devices. The term shall include, but not be limited to, the following: parking meters, postal scales and other scales used to determine shipping charges, pill counters, coin-operated person weighers, coin-operated air dispensers and coin-operated axle and vehicle scales. The term shall also include Price Look Up (PLU) devices and Universal Product Code (UPC) scanning systems in food establishments required to be licensed in accordance with the act of July 7, 1994 (P.L.421, No.70), known as the Food Act. The term shall not be construed to include portable scales used to determine compliance with 75 Pa.C.S. Ch. 49 (relating to size, weight and load), meters for the measurement of electricity, gas, natural or manufactured, steam, coolant or water or the counting or timing of telephone calls when the same are operated in a public utility system or taxi meters. Such portable scales, electricity, gas, steam, coolant, water and telephone meters and taxi meters are hereby specifically excluded from the purview of this chapter, and none of the provisions of this chapter shall be construed to apply to such meters or to any appliances or accessories associated therewith. (Oct. 24, 2012, P.L.1332, No.169, eff. imd.) 2012 Amendment. Act 169 added the defs. of "certified parking meter inspector" and "local government unit." References in Text. The act of July 7, 1994 (P.L.421, No.70), known as the Food Act, referred to in this section, was repealed by the act of November 23, 2010 (P.L.1039, No.106). The subject matter is now contained in Subchapter B of Chapter 57 of this title. Cross References. Section 4102 is referred to in section 4139 of this title.