3 Pa.C.S. § 2390 — PA Code / Title 3 / Chapter 23 / Section 2390
Regulation of swine hunting preserves.
Status: in_force

(a) Promulgation.--The department shall promulgate regulations for swine hunting preserves consistent with section 14 of the department's General Quarantine Order on the Importation and Intrastate Movement of Swine, published at 39 Pa.B. 5442 (September 19, 2009).

(b) Time.--The department shall promulgate the regulations under subsection (a) within two years of the effective date of this subsection.

(c) Sterilization of male swine.--On and after the effective date of this section, it shall be unlawful to release onto a

swine hunting preserve a male swine that has not been sterilized.

(d) Pennsylvania Game Commission.--Notwithstanding any other law, the Pennsylvania Game Commission shall have no authority to promulgate regulations on swine hunting preserves, and no regulation promulgated under this section shall be construed to be governed by 34 Pa.C.S. (relating to game).
3 Pa.C.S. § 4616 — PA Code / Title 3 / Chapter 46 / Section 4616
Pennsylvania Preferred® Trademark and Pennsylvania Preferred Organic® Trademark Licensing Fund.
Status: in_force

(a) Establishment.--There is established in the State Treasury a special fund which shall be an interest-bearing restricted revenue account to be known as the Pennsylvania Preferred® Trademark and Pennsylvania Preferred Organic® Trademark Licensing Fund. The following money shall be deposited into the fund:

(1) Money as is appropriated, given, granted or donated for the purpose established under this chapter by the Federal Government, the Commonwealth or any other government or private agency or person.

(2) Funds derived from the costs established under section 4615 (relating to costs).

(3) Funds derived from civil penalties collected by the department under section 4617 (relating to civil penalties).

(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 investment or deposit of the money in the fund shall be paid into the account for the purpose authorized by this section. Any unexpended money and any 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.

(c) Use.--Money deposited in the fund shall be used as follows:

(1) To promote the licensure and use of the Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark with respect to Pennsylvania-produced agricultural commodities or Pennsylvania-produced organic agricultural commodities.

(2) To promote the Pennsylvania Preferred® trademark and the Pennsylvania Preferred Organic® trademark as an identification of origin and quality.

(3) To promote Pennsylvania-produced agricultural commodities with respect to which the Pennsylvania Preferred® trademark is used and increase the number of qualified entities which use the Pennsylvania Preferred® trademark.

(3.1) To promote Pennsylvania-produced organic agricultural commodities with respect to which the Pennsylvania Preferred Organic® trademark is used and increase the number of qualified entities that use the Pennsylvania Preferred Organic® trademark.

(4) To pay costs associated with monitoring the use of the Pennsylvania Preferred® trademark and Pennsylvania Preferred Organic® trademark, prohibiting the unlawful or unauthorized use of the trademarks and enforcing rights in the trademarks.

(4.1) To promote participation under this chapter by qualified veterans and qualified veteran business entities.

(4.2) To promote, encourage and facilitate cooperation by the department with military, government or private sector marketing efforts that identify, emphasize and encourage the production and marketing of Pennsylvania-produced agricultural commodities or Pennsylvania-produced organic agricultural commodities by qualified veterans and qualified veteran business entities.

(5) To otherwise fund the department's costs in administering and enforcing this chapter.

(d) Definitions.--(Deleted by amendment).

(e) Grants.--The department may use money deposited into the Pennsylvania Preferred® Trademark and Pennsylvania Preferred Organic® Trademark Licensing Fund to promote one or more of the funding objectives under subsection (c) through the awarding of grants. (July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days) 2025 Partial Repeal. Section 48(17) of Act 45 of 2025 provided that section 4616 is repealed insofar as it is inconsistent with the addition of section 1931-A of the act of April 9, 1929, P.L.343, No.176, known as The Fiscal Code.
3 Pa.C.S. § 5742 — PA Code / Title 3 / Chapter 57 / Section 5742
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Milk." As defined in section 1 of the Milk Sanitation Law.

"Milk plant." As defined in section 1 of the Milk Sanitation Law and permitted under section 2 of the Milk Sanitation Law.

"Milk Sanitation Law." The act of July 2, 1935 (P.L.589, No.210), referred to as the Milk Sanitation Law.

"Pennsylvania-approved dairy laboratory." Any of the following:

(1) A commercial or regulatory laboratory approved and certified by the department within the preceding two years to do official analyses of milk.

(2) A milk industry laboratory approved and certified by the department within the preceding two years for the examination of producer samples of milk for pasteurization, commingled milk for pasteurization or raw milk for human consumption for the detection of drug residues, bacterial limits and somatic cell count.

"Retail food facility." As defined in section 5702 (relating to definitions).
3 Pa.C.S. § 9343 — PA Code / Title 3 / Chapter 93 / Section 9343
Monitoring of wagering on video screens.
Status: in_force

A licensed racing entity conducting pari-mutuel wagering shall display on video screens the approximate odds or approximate will-pays on each horse for each race as well as a combination of races, including, but not limited to, quinellas, exactas, perfectas and any other combination or pool of races. A display of approximate odds or approximate will-pays is not required where the wager is on horses in four or more races, such as Pick 4, Pick 5 or Pick 6. In addition to displaying the amount of money wagered, the approximate odds or approximate will-pays on each horse or combination of horses must be shown on video screens in each wagering division. For trifectas, in lieu of odds or approximate will-pays, the amount of money being wagered on each horse to win in the trifecta pool must be displayed on video screens separately from any other information. Information must be displayed from the opening of bets or wagering and be continually displayed until the wagering is closed. At least one video screen in each wagering division shall display the amount of money wagered on each horse involved in a trifecta pool.
3 Pa.C.S. § 4114 — PA Code / Title 3 / Chapter 41 / Section 4114
Registration and report of inspection and testing of weighing and measuring devices used for commercial purposes.
Status: in_force

The department shall establish, by regulation, a program requiring the registration and reporting of inspection and testing of weighing and measuring devices which are required to be tested and inspected on an annual basis in accordance with section 4112 (relating to general testing and inspections). A food establishment shall register its weighing and measuring devices at the same time it submits its annual registration under the act of July 7, 1994 (P.L.421, No.70), known as the Food Act. A public eating and drinking place shall register its weighing and measuring devices at the same time it submits its annual license fee under the act of May 23, 1945 (P.L.926, No.369), referred to as the Public Eating and Drinking Place Law. A commercial feed facility shall register its weighing and measuring devices at the same time it submits its annual license fee under section 5103 (relating to licensing). The department shall exempt from the registration requirement of this section any establishment engaged in the retail sale of gasoline for use in the fuel supply tanks of motor vehicles which is required to obtain an annual liquid fuels permit from the Department of Revenue in accordance with the act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act. The department shall

enter into a memorandum of understanding with the Department of Revenue which shall specify procedures for the collection of data relating to establishments engaged in the retail sale of gasoline. Nothing in this section shall be construed to authorize the department to impose a fee for the registration of any weighing and measuring device. References in Text. The act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act, referred to in this section, was repealed by the act of April 17, 1997 (P.L.6, No.3). The subject matter is now contained in Chapter 90 of Title 75 (Vehicles). The act of May 23, 1945 (P.L.926, No.369), referred to as the Public Eating and Drinking Place Law, 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 A of Chapter 57 of this title. 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.
3 Pa.C.S. § 6821 — PA Code / Title 3 / Chapter 68 / Section 6821
Seizure and condemnation.
Status: in_force

Fertilizer not in compliance with the provisions of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter shall be subject to seizure and condemnation by the department, provided that in no instance shall the disposition of the fertilizer be ordered by the department without first giving the claimant an opportunity for a hearing as provided for in section 6826 (relating to appeal process) or for opportunity to apply for permission to process or relabel the fertilizer to bring it into compliance with this chapter.
3 Pa.C.S. § 4708 — PA Code / Title 3 / Chapter 47 / Section 4708
Report.
Status: in_force

The department shall submit annually to the chairman and minority chairman of the Agriculture and Rural Affairs Committee of the Senate and the chairman and minority chairman of the Agriculture and Rural Affairs Committee of the House of Representatives a report that provides details of the department's expenditures, including administrative expenditures, under this chapter.
3 Pa.C.S. § 4142 — PA Code / Title 3 / Chapter 41 / Section 4142
Prohibited acts.
Status: in_force

(a) General rule.--It shall be unlawful:

(1) To use or have in possession for the purpose of using for any commercial purpose specified in section 4112 (relating to general testing and inspections), sell, offer or expose for sale or hire or have in possession for the purpose of selling or hiring an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure.

(2) To use or have in possession for the purpose of current use for any commercial purpose specified in section 4112 a weight or measure that does not bear a seal or mark such as specified in section 4119 (relating to disposition of correct and incorrect apparatus) unless such weight or measure has been exempted from testing by provisions of section 4112 or by regulation of the department issued under the authority of section 4110 (relating to specific powers and duties of department; regulations).

(3) To dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation.

(4) To remove from any weight or measure contrary to law or regulation any tag, seal or mark placed thereon by the appropriate authority.

(5) To sell, offer or expose for sale less than the represented quantity of any commodity, thing or service, provided, however, that, if a commodity is prepackaged by someone other than the possessor, the possessor shall not be deemed to have made a representation within the purview of this subsection if the representation appears on the label of the prepackaged commodity.

(6) To take more than the quantity he represents of any commodity, thing or service when, as buyer, he furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined.

(7) To keep for the purpose of sale, advertise, offer or expose for sale or sell any commodity except commodities prepackaged by someone other than the possessor, or service in a condition or manner contrary to law or regulation.

(8) To use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may be reasonably assumed by a customer.

(9) To violate any provision of this subchapter or of the regulations promulgated under the provisions of this subchapter for which a specific penalty has not been prescribed.

(b) Offenses by inspectors and sealers of weights and measures.--It shall be unlawful for any inspector or sealer:

(1) To use any tests or standards, or to attempt to use the same, in ascertaining the correctness or accuracy of weights and measures until such comparisons are made and their accuracy established and a certificate of conformance issued therefor as provided by this chapter.

(2) To manufacture, sell or offer to sell any weighing or measuring device used in the sale of commodities.

(3) To repair, adjust or offer to repair or adjust any weighing or measuring device. Cross References. Section 4142 is referred to in section 4191 of this title.
3 Pa.C.S. § 4211 — PA Code / Title 3 / Chapter 42 / Section 4211
Designation of aquaculture as agriculture.
Status: in_force

Aquaculture is hereby designated as a normal farming operation within this Commonwealth for all purposes. This designation shall be recognized by all agencies of State and local government.
3 Pa.C.S. § 5745 — PA Code / Title 3 / Chapter 57 / Section 5745
Prohibitions.
Status: in_force

(a) Sell-by date.--Pasteurized milk may not be sold or offered for sale if the milk is sold or offered for sale after the sell-by date designated on the cap or nonglass container.

(b) Best-by date.--Pasteurized milk may not be sold or offered for sale if the milk is sold or offered for sale after the best-by date designated on the cap or nonglass container.
3 Pa.C.S. § 2332 — PA Code / Title 3 / Chapter 23 / Section 2332
Depopulation incentive.
Status: in_force

(a) Generally.--If a domestic animal, domestic animal product or other property has not been condemned under authority of this chapter, the department shall have the discretion to pay to the owner of any domestic animal or other property a sum which shall not exceed 33% of the appraised value of that domestic animal or other property and may compensate a person for cleanup costs and disposal costs or a portion thereof in consideration of that owner or other authorized person voluntarily slaughtering or destroying that domestic animal or other property and implementing cleanup and disposal measures in accordance with this chapter and with the prior agreement of the department. This discretion may be exercised only upon the department's determination that the destruction and disposal of the domestic animal or other property serves to protect public health, the safety or quality of the food supply or the economic well-being of domestic animal industries. Payment of a depopulation incentive under this section is limited by the availability of funds for this purpose.

(b) Limits.--A depopulation incentive payment shall not exceed $2,000 with respect to any individual domestic animal. A depopulation incentive payment plus the salvage value and any other compensation received from other sources shall not exceed 90% of the appraised value of the domestic animal or other property that is the subject of the depopulation incentive payment. Notwithstanding the definition of "owner" in section 2303 (relating to definitions), depopulation incentive payments made under this section shall be made only to those persons who have an actual ownership interest in the domestic animal or other property that is the subject of the depopulation incentive payment.

(c) Cats and dogs.--The department may not make depopulation incentive payments for cats and dogs. (Dec. 9, 2002, P.L.1495, No.190, eff. imd.) 2002 Amendment. Act 190 amended subsec. (a). Section 7 of Act 190 provided that the amendment shall apply to cleanup costs and disposal costs incurred on or after October 1, 2001. Cross References. Section 2332 is referred to in section 2333 of this title.
3 Pa.C.S. § 3101 — PA Code / Title 3 / Chapter 31 / Section 3101
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 operation." The management and use of farming resources for the production of crops, livestock or poultry.

"Best management practice." A practice or combination of practices determined by the State Conservation Commission or United States Department of Agriculture Natural Resources and Conservation Service to be effective and practical, considering technological, economic and institutional factors, to manage nutrients and sediment to protect surface water and groundwater.

"Commission." The State Conservation Commission established under section 4 of the act of May 15, 1945 (P.L.547, No.217), known as the Conservation District Law.

"Program." The Conservation Excellence Grant Program established under section 3102 (relating to establishment).

"USDA-NRCS." The United States Department of Agriculture Natural Resources and Conservation Service.
3 Pa.C.S. § 4187.7 — PA Code / Title 3 / Chapter 41 / Section 4187.7
Violations and penalties.
Status: in_force

(a) Retail violations.--The department may assess a civil penalty of not more than $5,000 upon a retailer who sells or offers or exposes for sale automotive fuel from any dispensing system, storage tank or other dispensing device which has not been labeled in accordance with the provisions of this subchapter or who sells or offers or exposes for sale any automotive fuel which does not meet or exceed the required standards for the automotive fuel rating displayed on the label attached to the dispensing system, storage tank or other dispensing device or who sells or offers or exposes for sale automotive fuel which has been contaminated.

(b) Distributor, producer or refiner violations.--The department may assess a civil penalty of not more than $5,000 upon a distributor, producer or refiner who sells or offers or exposes for sale automotive fuel which does not meet the automotive fuel rating certified by the distributor, producer or refiner or who sells or offers or exposes for sale automotive fuel which does not meet the requirements of section 4187.4 (relating to standards for automotive fuel).

(c) Knowledge of deceptive practice.--In addition to any civil penalty imposed for violations of subsection (a) or (b), the department may assess a distributor, producer, refiner or retailer with an additional civil penalty equal to:

(1) the difference between the price per gallon charged to the consumer for the automotive fuel in question and the price per gallon charged to the consumer for the lowest octane grade at the retail dispensing facility at the time of the violation; and

(2) multiplied by the capacity of the storage tank from which the product in question was dispensed; if the distributor, producer, refiner or retailer violates any provisions of this subchapter with actual knowledge that the act or practice underlying the violation is unfair or deceptive.

(d) Repeat violations.--In addition to any civil penalty assessed in accordance with the provisions of this section, the department may initiate criminal proceedings for a second or subsequent violation of sections 4187.4 and 4187.5 (relating to automotive fuel rating, disclosure and labeling requirements). A second or subsequent violation shall constitute a misdemeanor of the third degree.

(e) Removal of seals.--The department may assess a civil penalty of not less than $1,000 nor more than $5,000 on any person, other than a person designated by the department, who:

(1) breaks, mutilates or destroys any seal placed upon a dispensing system, storage tank or other dispensing device used to deliver or store automotive fuel;

(2) removes automotive fuel from a dispensing system, storage tank or other dispensing device which has been sealed; or

(3) defaces or removes a posted notice of sealing.

(f) Hearings.--No civil penalty shall be assessed under this section unless the person charged has been given notice and opportunity for hearing in accordance with 2 Pa.C.S. (relating to administrative law and procedure).

(g) Innocent sellers exemption.--The department shall not impose a civil penalty for a violation of subsection (a) regarding labeling if the retailer labeled the dispensing system, storage tank or other dispensing device in reasonable reliance on documentation provided by the distributor, producer or refiner certifying the standards for automotive fuel rating.

(h) Private action by retailer.--If a retailer unknowingly and without deception sells or offers or exposes for sale automotive fuel which does not conform with the provisions of this subchapter, the distributor, producer, oxygenate blender or refiner, as the case may be, of the nonconforming automotive fuel shall be liable in damages to the retailer for any ascertainable loss of money or property.

(i) Acts or practices constituting unfair trade.--It shall be an unfair method of competition and an unfair or deceptive act or practice in or affecting trade and commerce in this Commonwealth within the meaning of section 3 of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, for any retailer, producer, distributor, oxygenate blender or refiner to violate the provisions of this subchapter or any regulations promulgated under this subchapter. Cross References. Section 4187.7 is referred to in section 4187.6 of this title.
3 Pa.C.S. § 10302 — PA Code / Title 3 / Chapter 103 / Section 10302
Board membership.
Status: in_force

The board shall consist of the following members, with a majority of members constituting a quorum:

(1) The secretary or a designee, who shall serve as chairperson.

(2) The Secretary of Education or a designee.

(3) The chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the Senate or a designee and the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives or a designee.

(4) One representative from the Pennsylvania Association of Agriculture Educators and one from the Penn State Cooperative Extension, both of whom shall be appointed by the Governor.

(5) The Statewide president of the Pennsylvania FFA.

(6) The 4-H Statewide Council President.

(7) Up to three representatives, each from a different Pennsylvania farm or rural organization having a youth program, whom shall be appointed by the secretary.

(8) A representative of an urban agriculture community program.

(9) A youth representative of an urban garden operation or another urban agriculture operation.
3 Pa.C.S. § 3102 — PA Code / Title 3 / Chapter 31 / Section 3102
Establishment.
Status: in_force

The Conservation Excellence Grant Program is established within the commission. Cross References. Section 3102 is referred to in section 3101 of this title.
3 Pa.C.S. § 1544 — PA Code / Title 3 / Chapter 15 / Section 1544
Injunctive relief.
Status: in_force

In addition to any other remedies provided for in this chapter, the Attorney General, at the request of the secretary, may initiate, in Commonwealth Court or the court of common pleas of the county in which the defendant resides or has a place of business, an action in equity for an injunction to restrain any and all violations of this chapter, a permit, order or the rules and regulations promulgated under this chapter.
3 Pa.C.S. § 7102 — PA Code / Title 3 / Chapter 71 / Section 7102
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:

"Advertisement." All representations other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter. "Agent," "inspector" or "deputy." Any person duly authorized or appointed by the Secretary of Agriculture to act as the representative of the Department of Agriculture in carrying out any of the provisions of this chapter.

"Agricultural seeds." The term includes the seeds of grass, forage, cereal, oil and fiber crops and any other kinds of seeds commonly recognized within this Commonwealth as agricultural seeds and mixtures of such seeds.

"Blend." Seed consisting of more than one variety of a kind, each in excess of 5% by weight of the whole.

"Certified seed." Any seeds, including seed potatoes, agricultural, vegetable and such other seeds and plants, which have been inspected and tested during their period of growth and conditioning by a recognized seed-certifying agency and found to conform to the requirements of the laws and regulations governing seed certification in this Commonwealth or any other state.

"Certifying agency."

(1) An agency authorized under the laws of a state, territory or possession to officially certify seed; or

(2) an agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed-certifying agencies under paragraph (1).

"Complete record." Any and all records and required labeling information which relates to each lot of seed, including agricultural, vegetable, flower, tree or shrub seed, sold, distributed or stored in this Commonwealth. Such information includes seed samples and records of declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests and examinations.

"Conditioning." The processing, cleaning, blending or other operations which would change the purity or germination of the seeds.

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

"Distribution." The importing, consigning, offering for sale, selling, bartering or otherwise supplying seed in this Commonwealth.

"Distributor." The person whose name appears on the label of seed.

"Flower seeds." The term includes seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts and commonly known and sold under the name of flower or wildflower seeds in this Commonwealth. "Germination" or "germ." The emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.

"Hard seeds." Seeds which remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat.

"Hybrid." The first generation seed of a cross produced by controlling the pollination and by combining two or more inbred lines, one inbred or a single cross with an open-pollinated variety or two varieties or species, except open-pollinated varieties of corn. The second generation and subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names. The term "cross" means the union of two varieties of the same species. The term "inbred line" means a relatively homozygous line produced by inbreeding and selection.

"Inert matter." All matter not seed, which includes broken seeds, sterile florets, chaff, fungus bodies and stones as determined by methods defined by rule.

"Kind." One or more related species or subspecies which singly or collectively are known by one common name, for example, corn, oats, alfalfa and timothy.

"Label." The display of all written, printed or graphic matter upon the immediate container or a statement accompanying the seed.

"Labeling." All written, printed or graphic matter upon or accompanying any seed or advertisements, brochures, posters or electronic media used in promoting the distribution of seed.

"Lot." A definite quantity of seed identified by a lot number or mark, every portion or bag of which is uniform for the factors which appear in the labeling within permitted tolerances. "Mixture," "mixed" or "mix." Seeds consisting of more than one kind when each is present in excess of 5% of the whole.

"Mulch." A protective covering of any suitable substance placed with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aid in the prevention of the evaporation of soil moisture, the control of weeds and the prevention of erosion.

"Other crop seed." Seed of plants grown as crops, other than the kind or variety included in the pure seed, as determined by methods defined by rule.

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

"Prohibited noxious weed seeds." The seeds of perennial weeds that reproduce by seed and also those that spread by underground roots, stems and other reproductive parts and which, when well established, are highly destructive and difficult to control in this Commonwealth by ordinary good cultural practice.

"Pure seed." Seed exclusive of inert matter and all other seeds not of the seed being considered as determined by methods established by regulation.

"Record." The term includes all information relating to the shipment or shipments involved and includes a file sample of each lot of seed.

"Relabeling sticker." An adhesive sticker printed with the germination test date, lot number matching the lot number on the original label and a sell-by date, if required.

"Restricted noxious weed seeds." The seeds of such weeds as are very objectionable in fields, lawns and gardens of this Commonwealth but can be controlled by good cultural practices.

"Secretary." The Secretary of Agriculture of the Commonwealth or the secretary's designee.

"Seed potatoes." The tubers of the Irish potato which are grown and intended to be used as seed.

"Stop-sale." The term includes any written or printed notices given or issued by the Secretary of Agriculture or his agent to the owner or custodian of any lot of seeds in this Commonwealth directing such owner or custodian not to sell, offer or expose for sale or move such seeds within or out of this Commonwealth until the requirements of this chapter, and the regulations promulgated under authority of this chapter, shall have been complied with and a written release has been issued.

"Tolerance." A permitted variation from the seed analysis stated on the label.

"Treated." Seed that has received an application of a substance, or seed that has been subjected to a process, for which a claim is made.

"Tree and shrub seeds." The term includes seeds of woody plants commonly known and sold as tree or shrub seeds in this Commonwealth.

"Type." A group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.

"Undesirable grass seeds." Seeds of grass species declared to be restricted noxious weed seed when found in lawn and turf seed and mixtures and blends thereof.

"Variety." A subdivision of a kind characterized by growth, yield, plant, fruit, seed or other characteristics by which it can be differentiated from other plants of the same kind.

"Vegetable seeds." The term includes the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable or herb seeds in this Commonwealth.

"Vegetatively propagated." Sod pieces or the stolons or rhizomes of the creeping bent grass species (Agrostis palustris), or prenuclear seed potatoes, or tree or shrub plant parts intended for vegetative reproduction, or whole plants propagated vegetatively or grown from certified seed, or other

crop species as may be designated by the Secretary of Agriculture.

"Weed seeds." The term includes the seeds of all plants generally recognized as weeds within this Commonwealth and includes the prohibited and restricted noxious weed seeds. Cross References. Section 7102 is referred to in section 7110 of this title.
3 Pa.C.S. § 9373 — PA Code / Title 3 / Chapter 93 / Section 9373
Equipment, supplies and facilities.
Status: in_force

The costs of all equipment, supplies and facilities, except holding barns or stables, to be located at race horse meeting facilities, grounds or enclosures or at other locations designated by the management committee shall be paid by the commission.
3 Pa.C.S. § 10908 — PA Code / Title 3 / Chapter 109 / Section 10908
Administration and contracting.
Status: in_force

Money appropriated for the program may be used for administrative purposes which execute the program, including contracting with one or more entities to carry out the provisions of this chapter.
3 Pa.C.S. § 4109 — PA Code / Title 3 / Chapter 41 / Section 4109
General powers and duties of department.
Status: in_force

The State Metrology Laboratory shall have the custody of the State standards of weight and measure and of the other standards and equipment provided for by this chapter and shall keep accurate records of the same. The department shall enforce the provisions of this subchapter and keep a general supervision over the weights and measures offered for sale, sold or in use in this Commonwealth.
3 Pa.C.S. § 602 — PA Code / Title 3 / Chapter 6 / Section 602
Legislative intent.
Status: in_force

It is the intent of the General Assembly that farmers be offered an incentive to use agricultural best management practices as part of an approved nutrient or odor management plan, manure management plan, agricultural erosion and sedimentation plan or Federal conservation plan to prevent nutrients from washing off farm fields and animal concentration areas and entering surface water and groundwater, to prevent soil erosion, to reduce or mitigate odor and to conserve land, water and related natural resources. These incentives shall take the form of low-interest capital in exchange for the implementation of such approved practices.
3 Pa.C.S. § 1522 — PA Code / Title 3 / Chapter 15 / Section 1522
Stop-sale orders.
Status: in_force

(a) General rule.--The department may issue and enforce a stop-sale order to any person holding or required to hold a permit under this chapter or to any person where a noxious weed or controlled plant exists. The stop-sale order shall require a person to hold, at a designated place, any noxious weed or controlled plant. Noxious weeds or controlled plants subject to a stop-sale order issued under the authority of this subsection shall continue to be held at the designated place until the department is notified by the person to whom the stop-sale order was directed that the prescribed treatment measure or action has been taken and a reinspection of the premises indicates the treatment measure has been completed and was effective.

(b) Official marking of noxious weeds and controlled plants subject to a stop-sale order.--

(1) Noxious weeds and controlled plants under a stop-sale order shall be clearly identified and, where practicable, conspicuously marked.

(2) It shall be unlawful for a person to remove markings placed by the department for this purpose unless instructed by the department to do so.

(c) Violation of a stop-sale order.--It shall be unlawful to violate a stop-sale order issued under this section. The department may impose any and all penalties authorized under this chapter for a violation of the order.
3 Pa.C.S. § 4213 — PA Code / Title 3 / Chapter 42 / Section 4213
Requirements for discharge of water.
Status: in_force

(a) General permit.--Except as provided in subsection (b), aquacultural facilities, including those existing facilities which discharge into high quality or exceptional value waters, licensed under this chapter may be eligible for inclusion under a National Pollutant Discharge Elimination System (NPDES) general permit issued pursuant to regulations of the Department of Environmental Protection.

(b) Permitting system.--The Department of Environmental Protection is directed to develop an NPDES general permit for aquacultural facilities. Net effluent limitation, monitoring type and frequency of pollutants shall be determined in consultation with the Department of Agriculture and the advisory committee. The fee for an applicant seeking coverage to discharge pursuant to the terms and conditions of the general permit shall not exceed $100 per facility during a period of five years.

(c) Consolidation of permitting.--All agencies of the Commonwealth are directed to work with the Department of Environmental Protection to develop a consolidated permitting process for aquacultural facilities. This consolidated permitting process shall result in one permit to replace potentially several permits necessary for an applicant to file. This consolidated permitting process shall be developed and implemented on or before January 1, 2000. Cross References. Section 4213 is referred to in section 4218 of this title.
3 Pa.C.S. § 9323 — PA Code / Title 3 / Chapter 93 / Section 9323
Occupational licenses for individuals.
Status: in_force

(a) General rule.--The commission shall develop a licensing or other classification system for the regulation of racing vendors, trainers, jockeys, drivers, horse owners, backside area employees and other individuals participating in horse racing and all other persons required to be licensed as determined by the commission. The license shall not be a property right.

(b) Fee.--The commission shall fix and may establish classes for application fees to be paid by individuals. A license fee shall not exceed $500. All fees shall be paid to the commission and deposited into the State Racing Fund.

(c) Application.--The application for a license shall be in the form and contain the information as the commission may require.

(d) Renewal.--All licenses shall be subject to renewal every three years upon application and review. Nothing in this chapter shall be construed to relieve a licensee of the affirmative duty to notify the commission of any changes relating to the status of its license or to any other information contained in the application materials on file with the commission. The application for renewal shall be submitted at least 60 days prior to expiration of the license and shall include an update of the information contained in the initial application and any prior renewal applications and the payment of any renewal fee required by the commission. A license for which a completed renewal application and fee, if required, has been received by the commission shall continue in effect unless and until the commission sends written notification to the holder of the license that the commission has denied the renewal of the license.

(e) Licenses.--The commission may issue any of the following:

(1) A temporary license for four months within a 12-month period pending a final determination.

(2) A conditional license upon the terms and conditions as necessary to administer this chapter.

(f) Processing and issuance.--The commission shall adopt regulations to fix the manner by which licenses are processed and issued.

(g) Action on applications.--The following shall apply:

(1) The commission may not issue a license under this section to an individual who has been convicted in a jurisdiction of a felony offense, a misdemeanor gambling

offense or a fraud or misrepresentation in connection with horse racing or breeding, unless 15 years has passed from the date of conviction of the offense.

(2) Following expiration of a period applicable to an applicant under paragraph (1), in determining whether to issue a license to an applicant, the commission shall consider the following factors:

(i) The nature of the applicant's involvement with horse racing.

(ii) The nature and seriousness of the offense or conduct.

(iii) The circumstances under which the offense or conduct occurred.

(iv) The age of the applicant when the offense or conduct occurred.

(v) Whether the offense or conduct was an isolated or a repeated incident.

(vi) Any evidence of rehabilitation, including good conduct in the community, counseling or psychiatric treatment received and the recommendations of persons who have substantial contact with the applicant.

(g.1) Denial.--The commission may deny an application for a license or suspend, revoke or refuse to renew a license issued under this section if it determines that the applicant or licensee meets any of the following:

(1) (Reserved).

(2) Has been convicted of any violation or attempts to violate any law, rule or regulation of horse racing in any jurisdiction.

(3) Has been convicted of an offense under 18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty to animals).

(4) Has violated a rule, regulation or order of the commission.

(5) Has been convicted in any jurisdiction of an offense related to fixing or rigging horse races, including 18 Pa.C.S. § 4109 (relating to rigging publicly exhibited contest) or 7102 (relating to administering drugs to race horses), or any similar crime in any other jurisdiction, unless the conviction has been overturned on appeal under the laws of the jurisdiction of the original finding or a pardon has been issued.

(6) Has not demonstrated by clear and convincing evidence that the applicant or licensee:

(i) Is a person of good character, honesty and integrity.

(ii) Is a person whose prior activities, criminal record, if any, reputation, habits and associations:

(A) Do not pose a threat to the public interest or the effective regulation and control of horse racing.

(B) Do not create or enhance the danger of unsuitable, unfair or illegal practices, methods and activities in the conduct of horse racing or the carrying on of the business and financial arrangements incidental to the conduct of horse racing.

(h) Inspection.--The commission shall have the right to inspect all contracts directly affecting the administration of the racing product and wagering activities between a secondary pari-mutuel organization, licensed racing entities and racing vendors for goods and services. The commission shall adopt regulations to require racing vendors to disclose all principal

owners and officers and a description of their interests in the vendors' businesses. Failure to disclose this information shall constitute grounds to deny, to revoke or to suspend any racing vendor's license issued under this chapter.

(i) Revocation or failure to renew.--In the event of a revocation or failure to renew, the licensee's authorization to conduct previously approved activity shall immediately cease and all fees paid in connection therewith shall be deemed to be forfeited. In the event of a suspension, the applicant's authorization to conduct the previously approved activity shall immediately cease until the commission has notified the applicant that the suspension is no longer in effect.

(j) Hearings.--The commission may suspend a license under subsection (i) pending a hearing on the matter, which must occur within 10 days of the suspension. The commission or its director may grant a supersedeas, if requested, pending a final resolution of the matter.

(k) (Reserved).

(l) Criminal action.--

(1) Each district attorney shall have authority to investigate and to institute criminal proceedings for a violation of this chapter.

(2) In addition to the authority conferred upon the Attorney General under the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and, following consultation with the appropriate district attorney, to institute criminal proceedings for a violation of this chapter. A person charged with a violation of this chapter by the Attorney General shall not have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.

(m) Regulatory action.--Nothing contained in subsection (l) shall be construed to limit the existing regulatory or investigative authority of an agency or the Commonwealth whose functions relate to persons or matters within the scope of this part.

(n) Inspection, seizure and warrants on racetrack enclosures.--

(1) The commission, the Attorney General and the Pennsylvania State Police shall have the authority without notice and without warrant to do all of the following in the performance of their duties:

(i) Inspect and examine all premises where horse racing is conducted or where records of these activities are prepared or maintained.

(ii) Inspect all equipment and supplies in, about, upon or around premises referred to in subparagraph (i).

(iii) Seize, summarily remove and impound equipment and supplies from premises referred to in subparagraph

(i) for the purposes of examination and inspection.

(iv) Inspect, examine and audit all books, records and documents pertaining to a licensee's operation.

(v) Seize, impound or assume physical control of any book, record, ledger or device.

(2) The provisions of paragraph (1) shall not be deemed to limit warrantless inspections except in accordance with constitutional requirements. (June 28, 2017, P.L.215, No.10, eff. in 60 days)

2017 Amendment. Act 10 amended subsec. (g.1)(3).
3 Pa.C.S. § 710 — PA Code / Title 3 / Chapter 7 / Section 710
Expiration.
Status: in_force

This chapter shall expire upon publication in the Pennsylvania Bulletin of the notice under section 703(c) (relating to administration).
3 Pa.C.S. § 4150 — PA Code / Title 3 / Chapter 41 / Section 4150
Enforcement and regulations.
Status: in_force

(a) General rule.--The director is authorized and directed to enforce the provisions of this subchapter and to adopt, with the approval of the department, such rules and regulations as are deemed necessary to carry out the provisions of this subchapter.

(b) Nonapplication.--The provisions of this chapter shall not be applicable to the weighing of vehicles when conducting an investigation for compliance with the provisions of 75 Pa.C.S. Ch. 49 (relating to size, weight and load). The provisions of this chapter shall not apply to a qualified Commonwealth employee, as defined in 75 Pa.C.S. § 4102 (relating to definitions), engaged in the inspection, weighing or measuring of vehicles as required by 75 Pa.C.S. § 4704 (relating to inspection by police or Commonwealth personnel), 4981 (relating to weighing and measurement of vehicles) or 8302 (relating to powers and duties of department).
3 Pa.C.S. § 4202 — PA Code / Title 3 / Chapter 42 / Section 4202
Purpose.
Status: in_force

The purposes of this chapter are as follows:

(1) To encourage aquacultural operators to make a long-term commitment to aquaculture by offering them the same protections afforded other agricultural practices.

(2) To reduce the amount of governmental agencies with jurisdiction over aquaculture by transferring authority over commercial aquacultural operations to the Department of Agriculture.

(3) To encourage further development of the aquacultural industry by including aquaculture in any and all promotional and other economic developmental programs which are made available to other industry sectors.
3 Pa.C.S. § 4107 — PA Code / Title 3 / Chapter 41 / Section 4107
Office and working standards and equipment.
Status: in_force

In addition to the State standards provided for in section 4106 (relating to State standards of weight and measure), there shall be supplied by the Commonwealth at least one complete set of copies of the State standards to be kept in the office or laboratory of the bureau and to be known as "office standards" and also such "field standards" and such equipment as may be found necessary to carry out the provisions of this chapter. The office standards and field standards shall be verified upon their initial receipt and, at least once each year thereafter, the office standards by direct comparison with the State standards and the field standards by comparison with the office standards.
3 Pa.C.S. § 4217 — PA Code / Title 3 / Chapter 42 / Section 4217
Biennial survey of aquaculture.
Status: in_force

The department shall cooperate with the Pennsylvania Agricultural Statistics Service to compile biennially a survey of this Commonwealth's aquacultural industry. Persons licensed under sections 4220 (relating to registration for artificial propagation) and 4222 (relating to registration for dealers of live aquatic animals) whose businesses involve the sale of fish shall submit annually at the conclusion of each calendar year a summary report of sales specifying the amount or weight of each species sold and gross receipts. The contents shall be used by the department solely for statistics. The individual summary reports are not public records and shall not be made public without written consent of the party submitting that report. Cross References. Section 4217 is referred to in section 4218 of this title.
3 Pa.C.S. § 4501 — PA Code / Title 3 / Chapter 45 / Section 4501
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Agricultural Commodities Marketing Act.
3 Pa.C.S. § 5733 — PA Code / Title 3 / Chapter 57 / Section 5733
Rules and regulations.
Status: in_force

(a) Nature of rules.--The secretary shall be charged with the enforcement of this subchapter and shall promulgate rules, regulations and food standards necessary for its proper enforcement. The rules, regulations and food standards shall conform and shall be construed to conform with the purposes expressed in section 5736 (relating to construction of subchapter).

(b) Local inspection.--Nothing in this subchapter shall prohibit any county, city, borough, incorporated town or township which was licensing food establishments in accordance with the act of April 21, 1949 (P.L.665, No.155), known as the First Class City Home Rule Act, or the act of August 24, 1951 (P.L.1304, No.315), known as the Local Health Administration Law, on September 2, 1994, from continuing to license such food establishments in accordance with the First Class City Home Rule Act or the Local Health Administration Law. No county, city, borough, incorporated town or township shall ordain or enforce requirements of any kind or description with respect to food establishments related to sanitation, food safety, inspections, standards and labeling other than those promulgated by the secretary in accordance with this subchapter or adopted in accordance with subsection (f).

(c) Reciprocal inspection.--The secretary is authorized to enter into reciprocal agreements with other jurisdictions to ensure inhabitants of this Commonwealth that food sold in this Commonwealth complies with this subchapter and its regulations. The agreements may be for reciprocal inspection and labeling review. The secretary may approve or accept inspection and

labeling requirements of other jurisdictions with respect to food.

(d) Uniform regulation.--In reaching reciprocal agreements with other jurisdictions, the provisions of this subchapter and its regulations shall be considered as establishing uniform requirements and regulations for food establishments throughout this Commonwealth as defined in section 5722 (relating to definitions).

(e) Interagency agreements.--Nothing in this subchapter shall prohibit a Commonwealth agency which is regulating and inspecting retail food facilities in accordance with Subchapter A (relating to retail food facility safety) from continuing to regulate and inspect retail food facilities in accordance with
3 Pa.C.S. § 2312 — PA Code / Title 3 / Chapter 23 / Section 2312
Adoption of form of identification.
Status: in_force

(a) General authority.--A domestic animal owner may adopt a brand, tattoo or other form of identification with which to identify domestic animals owned by such person through the procedure set forth in this subchapter. A form of identification recorded in compliance with this subchapter shall be considered the personal property of the person who records it. Such person shall have the exclusive right to use this form of identification within this Commonwealth.

(b) Application, facsimile and fee.--A person desiring to adopt a form of identification shall submit an application form, a facsimile of the form of identification and a recording fee of $25 to the department. The department shall provide the application form upon request. This fee may be changed by the department through regulations.

(c) Provisional filing.--It shall be the duty of the department to file all forms of identification offered for recording, keeping account of the date and chronological order of receipt, pending the review and examination provided for in subsection (d). If the form of identification is subsequently accepted for recording, ownership of the form of identification shall vest from the date of filing.

(d) Review.--The department shall have the power to examine, approve, accept or reject an application to record a brand, tattoo or other form of identification. Following receipt of the required application, facsimile and fee, the department shall, as promptly as possible, determine whether the form of identification is of record as that of some other person and whether the form of identification conflicts with or closely

resembles that of another person. If neither of these conditions exist, the department shall record the form of identification. If either or both of these conditions exist, the department shall not record the form of identification, but shall instead return the recording fee and facsimile to the applicant.
3 Pa.C.S. § 508 — PA Code / Title 3 / Chapter 5 / Section 508
Nutrient management certification program and odor management certification program.
Status: in_force

(a) Requirement.--The department shall establish, in consultation with the commission, a nutrient management certification program for the purpose of certifying individuals who have demonstrated the competency necessary to develop nutrient management plans and an odor management certification program for the purpose of certifying individuals who have demonstrated the competency necessary to develop odor management plans. The department or its designee shall develop such written testing procedures, educational requirements and examinations as it deems appropriate to carry out its responsibilities under this section. The department shall by regulation establish such fees and terms and conditions of certification as it deems appropriate. The department shall establish individual, commercial and public certification categories, including a certification category for farmers to develop and certify nutrient management plans and odor management plans for their own agricultural operations.

(b) Interim nutrient management certification program.--Until the department develops and implements a nutrient management certification program, persons having the following qualifications shall, upon request, receive interim certification from the department.

(1) the person has at least two years' experience in the development of nutrient management plans;

(2) the person is approved to develop nutrient management plans approved under the Chesapeake Bay Nonpoint Source Pollution Abatement Program, the United States Department of Agriculture's Water Quality Improvement Projects Program or other programs requiring submission and approval of a nutrient management plan, including sludge disposal under the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act; or

(3) the person is a farmer who has been provided training and assistance in developing and implementing nutrient management plans.

(c) Nutrient management specialist.--A person shall not certify a nutrient management plan or plan amendment unless that person has first satisfied the requirements of this section.

(d) Odor management specialist.--A person shall not certify an odor management plan or plan amendment unless that person has first satisfied the applicable requirements of this section. Cross References. Section 508 is referred to in sections 503, 506, 509 of this title.
3 Pa.C.S. § 4116 — PA Code / Title 3 / Chapter 41 / Section 4116
Investigations.
Status: in_force

The department shall investigate complaints made to it concerning violations of the provisions of this subchapter and shall, upon its own initiative, conduct such investigations as it deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this subchapter and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions. Cross References. Section 4116 is referred to in sections 4112, 4120, 4121, 4122, 4187.6 of this title.
3 Pa.C.S. § 315 — PA Code / Title 3 / Chapter 3 / Section 315
Right of action.
Status: in_force

(a) Attorney General action.--The Attorney General may bring an action against the local government unit in Commonwealth Court to invalidate the unauthorized local ordinance or enjoin the enforcement of the unauthorized local ordinance.

(b) Other party action.--Notwithstanding any provision of 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties), any person who is aggrieved by the enactment or enforcement of an unauthorized local ordinance may bring an action against the local government unit in Commonwealth Court to invalidate the unauthorized local ordinance or enjoin the enforcement of the unauthorized local ordinance. Cross References. Section 315 is referred to in sections 314, 316, 317 of this title.
3 Pa.C.S. § 6827 — PA Code / Title 3 / Chapter 68 / Section 6827
Civil remedy.
Status: in_force

(a) Office of Attorney General.--In addition to other remedies provided for in this chapter, the Office of Attorney General, at the request of the department, may initiate in Commonwealth Court or the court of common pleas of the county in which the defendant resides or has a place of business an action in equity for an injunction to restrain a violation of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter from which no timely appeal has been taken or which has been sustained on appeal.

(b) Preliminary injunctions.--In a proceeding under subsection (a), the court shall, upon motion of the Commonwealth, issue a preliminary injunction if the court finds that the defendant is engaging in conduct that causes immediate or irreparable harm to the public or has engaged in other conduct which the court has developed through case law.

(c) Bonds not required.--The Commonwealth may not be required to furnish bond or other security in connection with proceedings under this section.

(d) Civil penalties.--In addition to an injunction, the court may levy civil penalties as provided by this chapter.
3 Pa.C.S. § 2380.2 — PA Code / Title 3 / Chapter 23 / Section 2380.2
License required.
Status: in_force

A person may not operate a Cervidae livestock operation within this Commonwealth unless the person has a license. A separate license is required for each Cervidae livestock operation.

Effective Date. Section 9(1) of Act 190 of 2002 provided that section 2380.2 shall take effect in 120 days.
3 Pa.C.S. § 316 — PA Code / Title 3 / Chapter 3 / Section 316
Commonwealth Court masters.
Status: in_force

(a) General rule.--The Commonwealth Court may promulgate rules for the selection and appointment of masters on a full-time or part-time basis for actions brought under section 315 (relating to right of action). A master shall be a member of the bar of this Commonwealth. The number and compensation of masters shall be fixed by the Commonwealth Court and their compensation shall be paid by the Commonwealth.

(b) Hearings before masters.--The Commonwealth Court may direct that hearings in actions brought under section 315 be conducted in the first instance by the master in the manner provided for in this subchapter.

(c) Recommendations of masters.--Upon the conclusion of a hearing before a master, the master shall transmit written findings and a recommendation for disposition to the president judge. Prompt written notice and copies of the findings and recommendations shall be given to the parties to the proceeding.

(d) Rehearing before president judge.--The findings and recommendations of the master shall become the findings and order of the Commonwealth Court upon written confirmation by the president judge. A rehearing may be ordered by the president judge at any time upon cause shown.
3 Pa.C.S. § 10701 — PA Code / Title 3 / Chapter 107 / Section 10701
(Reserved).
Status: reserved

(July 7, 2022, P.L.504, No.52, eff. imd.)
3 Pa.C.S. § 10502.1 — PA Code / Title 3 / Chapter 105 / Section 10502.1
Establishment of program.
Status: in_force

The Commonwealth Specialty Crop Block Grant Program is established in the department. Cross References. Section 10502.1 is referred to in section 10502 of this title.
3 Pa.C.S. § 6914 — PA Code / Title 3 / Chapter 69 / Section 6914
Seizure and condemnation.
Status: in_force

A lot of soil amendment or plant amendment not in compliance with the provisions of this chapter shall be subject to seizure and condemnation by the department, provided that in no instance shall the disposition of the soil amendment or plant amendment be ordered by the department without first giving the claimant an opportunity for a hearing as provided for in section 6915 (relating to appeal process) or for opportunity to apply for permission to process or relabel the soil amendment or plant amendment to bring it into compliance with this chapter.
3 Pa.C.S. § 6917 — PA Code / Title 3 / Chapter 69 / Section 6917
Rules and regulations.
Status: in_force

The department shall promulgate and enforce rules and regulations necessary for administration and implementation of this chapter.
3 Pa.C.S. § 4115 — PA Code / Title 3 / Chapter 41 / Section 4115
Training program.
Status: in_force

(a) Inspectors and county and city sealers.--The department shall establish by regulation minimum training which shall be required to be met by all inspectors and county and city sealers. The department shall adopt the training program prescribed by the National Institute of Standards and Technology for inspectors and sealers of weights and measures.

(b) Certified parking meter inspectors.--The department shall promulgate regulations that establish training and certification requirements and procedures for certified parking meter inspectors. Prior to the promulgation of regulations under this subsection, the department may issue a temporary order establishing training and certification requirements and procedures for certified parking meter inspectors. A temporary order shall not be effective until on or after it is published in the Pennsylvania Bulletin and shall remain in effect for no more than one year, unless reissued or supplanted sooner by regulations. (Oct. 24, 2012, P.L.1332, No.169, eff. imd.) Cross References. Section 4115 is referred to in section 4121 of this title.
3 Pa.C.S. § 1525 — PA Code / Title 3 / Chapter 15 / Section 1525
Cooperation with other entities.
Status: in_force

The department may cooperate and enter into agreements with any individual, person, organization or Federal, State, county or municipal agency for the purpose of implementing the provisions of this chapter. The department may assist in the enforcement of any Federal noxious weed quarantine established under Federal act or regulations.
3 Pa.C.S. § 6816 — PA Code / Title 3 / Chapter 68 / Section 6816
Publications.
Status: in_force

The department may publish on an annual basis, and in a form as it deems proper, information concerning the distribution of fertilizers and results of analyses based on official samples of fertilizer distributed within this Commonwealth as compared with analyses guaranteed under sections 6803 (relating to registration of specialty fertilizers) and 6805 (relating to labels and labeling).
3 Pa.C.S. § 10504 — PA Code / Title 3 / Chapter 105 / Section 10504
Eligible applicants and projects.
Status: in_force

The following eligibility criteria shall apply to applicants and grant projects:

(1) State and local organizations, producer associations, academia, community-based organizations and other eligible specialty crops stakeholders are eligible to apply.

(2) Projects shall enhance the competitiveness of eligible specialty crops and benefit the eligible specialty crop industry as a whole and may include, but are not limited to, projects such as:

(i) Increasing child and adult nutrition knowledge and consumption of specialty crops.

(ii) Participation of industry representatives at meetings of international standard setting bodies in which the Federal Government participates.

(iii) Improving efficiency and reducing costs of distribution systems.

(iv) Assisting all entities in the specialty crop distribution chains in developing good agricultural practices, good handling practices, good manufacturing practices and in cost-share arrangements for funding audits of such systems for small farmers, packers and processors.

(v) Investing in specialty crop research, including organic research to focus on conservation and environmental outcomes and enhancing food safety.

(vi) Developing new and improved seed varieties and specialty crops.

(vii) Pest and disease control.

(viii) Sustainability.

(3) To be considered an eligible specialty crop, a specialty crop must meet the parameters established by the secretary. Processed products shall consist of greater than 50% of the eligible specialty crop by weight, exclusive of added water.

(4) Grants may not be awarded to projects that directly benefit a particular commercial product or provide a profit to a single organization, institution or individual.

(5) Grants may be awarded to recipients and projects for up to two years.
3 Pa.C.S. § 4183 — PA Code / Title 3 / Chapter 41 / Section 4183
Enforcement of chapter, rules and regulations.
Status: in_force

(a) Duties.--It shall be the duty of the department and the sealers of weights and measures of the several counties and cities to enforce the provisions of this subchapter.

(b) Regulations.--The department shall have power to adopt and promulgate such rules and regulations not inconsistent with the provisions of this subchapter as may be deemed necessary to carry into effect the intent and purpose of this subchapter.
3 Pa.C.S. § 10106 — PA Code / Title 3 / Chapter 101 / Section 10106
Final reimbursement.
Status: in_force

(a) Required submission.--Reimbursement shall be based on the approved applicant's completion of the project and submission of the final costs related to expenses and materials in the applicant's approved grant project within the grant cycle. The submission shall include:

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(3) (Deleted by amendment).

(4) Documentation of actual expenditures for eligible costs approved in the grant application and invoices evidencing payment of the costs. The documentation may include invoices for hours of training or consultation.

(5) Documentation of the completion of the approved project. The documentation may include pictures and dates of training and equipment installation.

(6) Documentation demonstrating that the very small meat and poultry processing operation is operating under a grant of inspection.

(7) A written report related to:

(i) The completed project.

(ii) The expansion of meat or poultry processing capability.

(iii) Expanded services to this Commonwealth's livestock and poultry producers.

(iv) An increase to the availability of this Commonwealth's meat or poultry products to consumers.

(b) Distribution of final reimbursement.--Distribution of grant money to the approved applicant will occur upon the following:

(1) Submission and receipt of the information required under subsection (a).

(2) Final review and approval for completeness of the required submission and the eligible costs.

(3) A completed grant agreement between the department and an approved applicant.

(c) Assignment of grant money.--Grant money may only be distributed to the owner of the eligible establishment. The department may not assign grant money to a lessee, operator or person other than the owner of the eligible very small meat and poultry processing operation. (July 7, 2022, P.L.504, No.52, eff. imd.)
3 Pa.C.S. § 6506 — PA Code / Title 3 / Chapter 65 / Section 6506
Reciprocal agreements (Repealed).
Status: repealed

2010 Repeal. Section 6506 was repealed November 23, 2010, P.L.1039, No.106, effective in 60 days.
3 Pa.C.S. § 102 — PA Code / Title 3 / Chapter 1 / Section 102
Definitions.
Status: in_force

Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have the meanings given to them in this section unless the context clearly indicates otherwise:

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

"Secretary." The Secretary of Agriculture of the Commonwealth.
3 Pa.C.S. § 9335 — PA Code / Title 3 / Chapter 93 / Section 9335
Pari-mutuel pool distribution.
Status: in_force

(a) Distribution.--A licensed racing entity shall distribute money in a pari-mutuel pool to the holders of winning tickets presented for payment before the first day of April of the year following the date of purchase. Failure to present a winning ticket within the prescribed period of time shall constitute a waiver of the right to participate in the award or dividend. After April 1 of the year following the year of purchase, a licensed racing entity shall forward the necessary funds held for uncashed tickets to the Department of Revenue. The funds shall be deposited into the State Racing Fund.

(b) Remainder.--The remainder of the money shall be retained by the licensed racing entity in the following manner:

(1) Seventeen percent of the money plus the breakage from regular wagering pools or 19% of the money plus the breakage from regular wagering pools for licensed racing entities whose daily total in all pari-mutuel pools averaged less than $300,000.

(2) Twenty percent of the money plus breakage from the exacta, daily double, quinella and other wagering pools as determined by the commission.

(3) At least 26%, but no more than 35%, from the trifecta or other wagering pools as determined by the commission.

(c) Retention.--A licensed racing entity may retain lesser percentages upon approval of the commission. Cross References. Section 9335 is referred to in sections 9334, 9344 of this title; sections 13F06, 13F08, 13F42 of Title 4 (Amusements).
3 Pa.C.S. § 6830 — PA Code / Title 3 / Chapter 68 / Section 6830
Confidentiality.
Status: in_force

All proprietary business information contained in records, data, formulations and other information filed with or collected by the department and that relate to tonnage reports and trade secrets, such as product formulation, customer information or production methods, shall be exempt from the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, and subject to inspection only upon the order of a court of competent jurisdiction. Aggregate data may be shared with other Federal, State or local agencies.
3 Pa.C.S. § 4117 — PA Code / Title 3 / Chapter 41 / Section 4117
Inspection of packages.
Status: in_force

The department shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered or exposed for sale, sold or in the process of delivery to determine whether the same contain the amounts represented and whether they are kept, offered or exposed for sale or sold in

accordance with law, and, when such packages or amounts of commodities are found not to contain the amounts represented or are found to be kept, offered or exposed for sale in violation of law, the department may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the department shall use the National Institute of Standards and Technology Handbook 133, latest edition, containing any amendments or supplements thereto, or which may be superseded by a new handbook, except insofar as specifically modified, amended or rejected by a regulation issued by the department. No person shall:

(1) sell or keep, offer or expose for sale in intrastate commerce any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all legal requirements; or

(2) dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements in any manner except with the specific approval of the department. Cross References. Section 4117 is referred to in sections 4121, 4122 of this title.
3 Pa.C.S. § 1517 — PA Code / Title 3 / Chapter 15 / Section 1517
Control orders.
Status: in_force

(a) Noxious weeds.--

(1) The department may issue a control order requiring a person to implement treatment measures for noxious weeds. The control order shall state 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 affected person may file with the department a written request for an administrative hearing. The hearing shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure).

(2) 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.

(3) 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) Controlled plants.--

(1) The department may issue a control order requiring a controlled plant permit holder or a person required to have the permit to implement treatment measures for a controlled plant. The department may issue a control order for controlled plants if the department finds that a controlled plant is growing on any premises or property without a valid permit. The order shall state the general factual and legal basis for the action and advise the affected person that within 15 days of receipt of the order, the affected person may file with the department a written request for an administrative hearing. The hearing shall be conducted in accordance with 2 Pa.C.S.

(2) 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.

(3) 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.

(c) Description of situation in order.--The control order shall describe the noxious weed or controlled plant situation that exists and prescribe the required treatment measures and the date by which the measures must be completed. Cross References. Section 1517 is referred to in sections 1516, 1518 of this title.
3 Pa.C.S. § 9311 — PA Code / Title 3 / Chapter 93 / Section 9311
State Horse Racing Commission.
Status: in_force

(a) Establishment.--The State Horse Racing Commission is established as a commission within the Department of Agriculture to independently regulate the operations of horse racing, the conduct of pari-mutuel wagering and the promotion and marketing of horse racing in this Commonwealth in accordance with this chapter.

(b) Membership.--The commission shall consist of the following members:

(1) Four members appointed by the Governor as follows:

(i) One individual representing the thoroughbred horsemen's organizations in this Commonwealth selected from a list of at least 10 qualified individuals submitted by the thoroughbred horsemen's organizations.

(ii) One individual representing a thoroughbred breeder organization in this Commonwealth selected from a list of at least 10 qualified individuals submitted by a thoroughbred breeder organization.

(iii) One individual representing the standardbred horsemen's organizations in this Commonwealth selected

from a list of at least 10 qualified individuals submitted by the standardbred horsemen's organizations.

(iv) One individual representing a standardbred breeder organization in this Commonwealth selected from a list of at least 10 qualified individuals submitted by a standardbred breeder organization.

(2) One member appointed by each of the following, none of whom shall be a member of a horsemen's organization or breeder organization:

(i) The President pro tempore of the Senate.

(ii) The Minority Leader of the Senate.

(iii) The Speaker of the House of Representatives.

(iv) The Minority Leader of the House of Representatives.

(3) The Secretary of Agriculture or the secretary's designee, who shall be a nonvoting ex officio member.

(4) One individual who is a licensed doctor of veterinary medicine in this Commonwealth, who shall not be a member of a horsemen's organization or a breeder organization, appointed by the Governor.

(5) Each appointing authority shall make its appointments within 30 days of the effective date of this section. Appointments to fill a vacancy shall be made within 10 days of the creation of the vacancy. An appointment shall not be final until receipt by the appointing authority of a background investigation of the appointee by the Pennsylvania State Police, which shall be completed within 30 days of the appointment. A person who has been convicted in a domestic or foreign jurisdiction of a felony, infamous crime, gambling offense or an offense related to fixing horse races or animal cruelty may not be appointed to the commission.

(6) The following shall apply to appointees, commissioners, employees and independent contractors:

(i) Each commissioner at the time of appointment must be at least 25 years of age and must have been a resident of this Commonwealth for a period of at least one year immediately preceding appointment. Each commissioner must remain a resident of this Commonwealth during the term of membership on the commission.

(ii) Except for the commissioner appointed under paragraph (3), a person may not be appointed a commissioner if the person is a public official or party officer as defined in 4 Pa.C.S. § 1512 (relating to financial and employment interests) in this Commonwealth or any of its political subdivisions.

(iii) Each commissioner, employee and independent contractor of the commission must sign an agreement not to disclose confidential information.

(iv) Except for a commissioner appointed under paragraph (1), a commissioner, employee or independent contractor of the commission or other agency having regulatory authority over horse racing under this chapter may not be employed, hold an office or position or be engaged in an activity which is incompatible with the position, employment or contract.

(v) A commissioner may not be paid or receive a fee or other compensation for any activity related to the duties or authority of the commission other than compensation and expenses provided by law.

(vi) A commissioner, employee or independent contractor of the commission may not participate in a hearing, proceeding or other matter in which the member,

employee or independent contractor, or the immediate family thereof, has a financial interest in the subject matter of the hearing or proceeding or other interest that could be substantially affected by the outcome of the hearing or proceeding without first fully disclosing the nature of the interest to the commission and other persons participating in the hearing or proceeding. The commission shall determine if the interest is a disqualifying interest that requires the disqualification or nonparticipation of a commissioner, an employee or independent contractor.

(vii) At the time of appointment and annually thereafter, each commissioner shall disclose the existence of any financial interest in any applicant or licensed racing entity and in an affiliate, intermediary, subsidiary or holding company thereof held by the commissioner or known to be held by a commissioner's immediate family. The disclosure statement shall be filed with each director established under subsection (d)(2) and with the appointing authority for such commissioner and shall be open to inspection by the public at the office of the commission during the normal business hours of the commission and posted on the commission's Internet website for the duration of a commissioner's term and for two years after a commissioner leaves office.

(viii) (Reserved).

(ix) A commissioner, employee or bureau director of the commission may not directly or indirectly solicit, request, suggest or recommend to any applicant, licensed racing entity or an affiliate, intermediary, subsidiary or holding company thereof or to an employee or agent thereof, the appointment or employment of any person in any capacity by the applicant, licensed racing entity or an affiliate, intermediary, subsidiary or holding company thereof during the term of office or employment with the commission.

(x) Except for a commissioner appointed under paragraph (1), a commissioner may not accept employment with an applicant for a horse racing license, a licensed racing entity, or an affiliate, intermediary, subsidiary or holding company thereof, for a period of two years from the termination of the term of office.

(xi) A former commissioner may not appear before the commission in any hearing or proceeding or participate in any other activity on behalf of any applicant for a horse racing license, a licensed racing entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed racing entity, for a period of two years from the termination of term of office.

(xii) A commissioner or employee of the commission may not accept a complimentary service, place a wager or be paid any prize from any wager on a horse race at a racetrack or nonprimary location within this Commonwealth or at any other racetrack or nonprimary location outside this Commonwealth which is owned or operated by a licensed racing entity or any of its affiliates, intermediaries, subsidiaries or holding companies for the duration of the commissioner's or employee's term of office or employment. Nothing in this section shall be construed to prohibit a commissioner appointed under paragraph (1) from being awarded a purse

or breeders' award for the commissioner's participation in horse racing.

(xiii) A commissioner who has been convicted during his term of office in a domestic or foreign jurisdiction of a felony, infamous crime, offense related to fixing or rigging horse races or gambling offense shall, upon conviction, be automatically removed from the commission and shall be ineligible to become a commissioner in the future.

(xiv) The following shall apply to an employee of the commission, who is not subject to a collective bargaining agreement, whose duties substantially involve licensing, enforcement, development of law, promulgation of regulations or development of policy relating to horse racing under this chapter or who has other discretionary authority which may affect or influence the outcome of an action, proceeding or decision under this chapter, including the director of a bureau:

(A) The individual may not, for a period of two years following termination of employment, accept employment with or be retained by an applicant for a horse racing license or a licensed racing entity or by an affiliate, intermediary, subsidiary or holding company of an applicant or a licensed racing entity.

(B) The individual may not, for a period of two years following termination of employment, appear before the commission in a hearing or proceeding or participate in activity on behalf of any applicant, licensee or licensed racing entity or on behalf of an affiliate, intermediary, subsidiary or holding company of any applicant, licensee or licensed racing entity.

(C) This subparagraph shall not apply to an employee subject to the jurisdiction of the Pennsylvania Supreme Court under section 10(c) of
3 Pa.C.S. § 6814 — PA Code / Title 3 / Chapter 68 / Section 6814
Prohibited acts.
Status: in_force

A person may not:

(1) Apply fertilizer with a device that is not intended for the application of fertilizer or that has not been properly calibrated.

(2) Operate fertilizer application equipment or devices in a faulty, careless or negligent manner.

(3) Dispose of, discard or store a fertilizer product in a manner that would be inconsistent with its label, would cause over-application of fertilizer, would result in direct discharge to a storm drain or waters of this Commonwealth or would be inconsistent with this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.

(4) Aid or abet another person to evade the provisions of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter, conspire with another person for that purpose.

(5) Hinder, mislead, make false statements to or refuse to cooperate with an employee or agent of the department in an investigation or inspection undertaken by the authority delegated to the department under the provisions of this chapter.

(6) Apply fertilizer for the purposes of melting snow or ice, unless the material is applied to aircraft or areas an aircraft accesses at an airport.

(7) Fail to comply with a provision of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.

(8) Make a false statement or misrepresentation of material fact on an application for issuance or renewal of a license required under this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.

(9) Refuse or neglect to comply with a condition or limitation imposed upon a license issued under this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.

(10) Refuse to present evidence of proper licensure to an employee or agent of the department upon request.

(11) Refuse or neglect to keep and maintain a record, or make a report when and as required, by this chapter, a

regulation promulgated under this chapter or an order issued under the authority of this chapter.
3 Pa.C.S. § 9342 — PA Code / Title 3 / Chapter 93 / Section 9342
Promotions and discounts.
Status: in_force

The commission may approve a licensed racing entity to issue a free pass, card or badge for a special promotional program and seasonal discount ticket program.
3 Pa.C.S. § 4506 — PA Code / Title 3 / Chapter 45 / Section 4506
Effecting marketing programs.
Status: in_force

(a) Referendum required.--No marketing program or amendment thereto shall become effective unless and until the secretary determines by a referendum whether or not the affected producers assent to the proposed action.

(b) Majority vote.--The secretary shall conduct the referendum among the affected producers, and the affected producers shall be deemed to have assented to the proposed program if, of those voting, a majority by number and a majority by volume assent to the proposed program.

(c) Vote of cooperative association.--In determining whether a marketing program or an amendment to the marketing program has been approved by producers, the secretary shall consider the vote of a cooperative association as the votes of its members, providing the cooperative has first notified its members in writing at least 30 days in advance of its intention to cast a representative vote. The notice shall inform the producer of the right to cast a vote individually and shall include the following wording in boldface type: WARNING - IF YOU DO NOT EXERCISE YOUR RIGHT TO VOTE, YOUR COOPERATIVE HAS THE RIGHT TO VOTE FOR YOU. Each producer shall receive a ballot from the secretary. The ballot shall contain the following wording in boldface type: WARNING - IF YOU DO NOT EXERCISE YOUR RIGHT TO VOTE, YOUR COOPERATIVE HAS THE RIGHT TO VOTE FOR YOU. If the producer votes individually, the vote shall be deducted from the cooperative representative vote.

(d) Procedure.--Any referendum required under this chapter shall be conducted in accordance with reasonable rules and regulations to be established and promulgated by the secretary.

(e) Pennsylvania Dairy Products Promotion Program.--The secretary may establish without a referendum a Pennsylvania Dairy Products Promotion Program, provided that the program is financed by voluntary contributions credited against assessments payable to the National Dairy Promotion and Research Board pursuant to the Dairy and Tobacco Adjustment Act of 1983 (Public Law 98-180, 97 Stat. 1128). This program shall terminate, unless continued by referendum as provided in this section, not later than six months following the disapproval of the Federal Dairy Promotion Program by a majority of producers voting in a nationwide referendum. The establishment, termination, amendment and management of the Pennsylvania Dairy Products Promotion Program shall, except as provided in this subsection, be conducted pursuant to the provisions of this chapter.
3 Pa.C.S. § 2113 — PA Code / Title 3 / Chapter 21 / Section 2113
Penalties.
Status: in_force

(a) First violation.--A first violation of this chapter or any order or regulation promulgated under this chapter constitutes a summary offense punishable by a fine of not less than $100.

(b) Second violation.--A second violation of this chapter or any order or regulation promulgated under this chapter constitutes a summary offense punishable by a fine of not less than $300.

(c) Subsequent violations.--A third and subsequent violation of this chapter or any order or regulation promulgated under this chapter constitutes a misdemeanor of the third degree punishable by a fine of not less than $1,000.
3 Pa.C.S. § 2352 — PA Code / Title 3 / Chapter 23 / Section 2352
Disposal of dead domestic animals.
Status: in_force

(a) Requirements.--The following requirements shall be met regarding the disposal of the bodies of dead domestic animals:

(1) Persons owning or possessing domestic animals that they know to have died of dangerous transmissible disease shall report the occurrence of the disease to the department and dispose of the domestic animals under the supervision and instruction of the department.

(2) Persons caring for or owning domestic animals that have died shall prevent exposure of the carcasses of such dead domestic animals to other living animals, domestic animals and the public and shall dispose of the carcass within 48 hours after the domestic animal dies. Disposal shall be accomplished in accordance with the requirements of this chapter.

(3) Dead domestic animals, parts of dead domestic animals, offal and animal waste may not be transported on public highways for any purpose unless such materials are transported in a manner that precludes contamination of the environment or danger to animal or public health.

(4) Dead domestic animals, parts of dead domestic animals, offal and animal waste shall be disposed of only in accordance with one of the following methods or a method hereafter approved by the department:

(i) Burial in accordance with regulations governing water quality.

(ii) Incineration in accordance with regulations governing air quality.

(iii) Processing by rendering, fermenting, composting or other method according to procedures and product safety standards established by the department.

(b) Feeding restricted.--No uncooked dead animal or uncooked dead domestic animal parts, including offal of any description, shall be fed to domestic animals unless processed in accordance with regulations adopted by the department.

(c) Importation restricted.--No dead domestic animal, offal or parts of dead domestic animals may be transported into this Commonwealth unless transported directly to a diagnostic laboratory or consigned and delivered to a dead domestic animal disposal plant licensed by the department.
3 Pa.C.S. § 4126 — PA Code / Title 3 / Chapter 41 / Section 4126
Duty of owners of incorrect apparatus.
Status: in_force

(a) Rejected apparatus.--Weights and measures that have been rejected under the authority of the department or of a sealer shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section.

(b) Corrections.--The owners of rejected weights and measures shall cause the same to be made correct within 30 days or such longer period as may be authorized by the rejecting authority or, in lieu of this, may dispose of the same but only in such manner as is specifically authorized by the rejecting authority.

(c) Reexamination.--Weights and measures that have been rejected shall not again be used commercially until they have been officially reexamined and found to be correct or until specific written permission for use is issued by the rejecting authority. Cross References. Section 4126 is referred to in section 4119 of this title.
3 Pa.C.S. § 9359 — PA Code / Title 3 / Chapter 93 / Section 9359
Penalties and enforcement.
Status: in_force

All of the following apply:

(1) The commission shall have all of the rights, powers and remedies necessary to carry out this chapter and to ensure compliance with this chapter, including revocation, suspension or modification of a license and the imposition of fines under section 9325 (relating to power of commission to impose fines).

(2) With respect to an individual or entity that offers pari-mutuel wagering to residents of this Commonwealth without a license issued by the commission, the commission may take the measures deemed necessary, including referral to the appropriate regulatory and law enforcement authorities for civil action or criminal penalties.

(3) Upon the finding of a violation by a secondary pari-mutuel organization or totalisator of this chapter or of a commission regulation or order or upon the finding of unlicensed electronic or advanced deposit account wagering

by an individual or entity, the commission may impose a fine as authorized under section 9325.
3 Pa.C.S. § 7110 — PA Code / Title 3 / Chapter 71 / Section 7110
Prohibited use of the term "certified." It shall be a violation of this chapter to use the term "certified," or any form or modification of this term which tends to convey to the purchaser of such seed or planting material for vegetative propagation that the same has been certified as defined in section 7102 (relating to definitions), on labels, labeling or containers, either orally or in writing, or in advertising material intended to promote the sale of seed
Status: in_force

potatoes or agricultural or vegetable seeds or planting material for vegetative propagation or tree and shrub seed or on labels or containers, unless these have been inspected and certified under the provisions of this chapter.
3 Pa.C.S. § 6817 — PA Code / Title 3 / Chapter 68 / Section 6817
Rules and regulations.
Status: in_force

The department may promulgate and enforce rules and regulations necessary for administration and implementation of this chapter. Regulations currently in place shall remain in effect, to the extent they are consistent with this chapter, until such time as new regulations are promulgated by the department. The department may draft and issue such orders as are necessary to enforce and provide clarity for administration of this chapter.
3 Pa.C.S. § 4154 — PA Code / Title 3 / Chapter 41 / Section 4154
Use of approved weighing device required.
Status: in_force

When making a weight determination as provided for by this subchapter, a licensed public weighmaster shall use a weighing device approved by the bureau in accordance with Subchapter D (relating to device type approval) which is of a type suitable for the weighing of the amount and kind of material to be weighed and which has been tested and approved for use by a weights and measures officer of this Commonwealth preceding the date of the weighing.
3 Pa.C.S. § 4805 — PA Code / Title 3 / Chapter 48 / Section 4805
Agricultural Business Development Center Advisory Committee.
Status: in_force

(a) Establishment.--There is established the Agricultural Business Development Center Advisory Committee to advise the

secretary with respect to the secretary's responsibilities under this chapter.

(b) Membership.--The advisory committee shall consist of the following members:

(1) The secretary, who shall serve as chairperson.

(2) The secretary of the Department of Community and Economic Development or a designee.

(3) The dean of the College of Agricultural Sciences at The Pennsylvania State University or a designee.

(4) One representative selected annually from each of the following organizations:

(i) The Pennsylvania Bankers Association.

(ii) A farm credit association servicing clients in this Commonwealth.

(iii) The Pennsylvania Association of Conservation Districts.

(5) The following individuals appointed by the secretary:

(i) A licensed veterinarian whose practice includes food animals.

(ii) A person certified to create nutrient management plans.

(iii) A certified public accountant.

(iv) A financial planner.

(v) An attorney.

(vi) A farmer who has experience with a farm transition or diversification of the agricultural production of a farm.

(c) Terms.--

(1) The term of office for each advisory committee member under subsection (b)(5) shall be three years, except that the initial terms shall be staggered as follows:

(i) Two members shall each serve a term of one year.

(ii) Two members shall each serve a term of two years.

(iii) Two members shall each serve a term of three years.

(2) Advisory committee members may be appointed to successive terms at the discretion of the secretary, except that no member may serve more than two three-year terms. Vacancies shall be filled in the same manner as the original appointments.

(d) Duties.--The advisory committee shall meet as often as necessary to advise the secretary on satisfying the purpose of this chapter and establishing and awarding grants under this chapter.

(e) Expenses.--Advisory committee members shall serve without compensation but shall be entitled to expenses which are reasonable and necessary in the performance of their duties. Cross References. Section 4805 is referred to in section 4802 of this title.
3 Pa.C.S. § 502 — PA Code / Title 3 / Chapter 5 / Section 502
Declaration of legislative purpose.
Status: in_force

The purposes of this chapter are as follows:

(1) To establish criteria, nutrient management planning requirements and an implementation schedule for the application of nutrient management measures on certain agricultural operations which generate or utilize animal manure.

(2) To provide for the development of an educational program by the State Conservation Commission in conjunction with the Cooperative Extension Service of The Pennsylvania State University, the department and conservation districts to provide outreach to the agricultural community on the proper utilization and management of nutrients on farms to prevent the pollution of surface water and groundwater.

(3) To require the State Conservation Commission, in conjunction with the Cooperative Extension Service of The Pennsylvania State University, the Department of Environmental Protection, the department and the Nutrient Management Advisory Board to develop and provide technical and financial assistance for nutrient management and alternative uses of animal manure, including a manure marketing and distribution program.

(4) To require the Department of Environmental Protection to assess the extent of nonpoint source pollution from other nutrient sources, determine the adequacy of existing authority and programs to manage those sources and make recommendations to provide for the abatement of that pollution.

(5) To require the State Conservation Commission, in conjunction with the Nutrient Management Advisory Board, to develop and administer a regulatory program requiring odor management plans addressing new and expanded animal housing facilities and manure management facilities at concentrated animal operations and concentrated animal feeding operations after July 19, 1993, and to encourage the voluntary implementation of odor management plans for other agricultural operations.
3 Pa.C.S. § 7 — PA Code / Title 3 / Chapter 7 / Section 7
Applicability.
Status: in_force

The following shall apply:

(1) The addition of 3 Pa.C.S. § 9336(b), (c), (d), (e)(1) and (f) shall apply retroactively to February 23, 2016.

(2) The addition of 3 Pa.C.S. § 9336(a.1), (b.1), (d.1) and (e)(2) shall apply January 1, 2017. 2019, JULY 1, P.L.247, NO.34 § 3. Continuation of prior law. Continuation is as follows:

(1) (Reserved).

(2) The addition of 3 Pa.C.S. Ch. 109 is a continuation of the act of November 29, 2006 (P.L.1621, No.184), known as the Healthy Farms and Healthy Schools Act. The following apply:

(i) Except as otherwise provided in 3 Pa.C.S. Ch. 109, all activities initiated under the Healthy Farms and Healthy Schools Act shall continue and remain in full force and effect and may be completed under 3 Pa.C.S. Ch. 109. Orders, regulations, rules and decisions which were made under the Healthy Farms and Healthy Schools Act and which are in effect on the effective date of section 2 of this act shall remain in full force and effect until revoked, vacated or modified under 3 Pa.C.S. Ch. 109. Contracts, obligations and collective bargaining agreements entered into under the Healthy Farms and Healthy Schools Act are not affected nor impaired by the repeal of the Healthy Farms and Healthy Schools Act.

(ii) Except as set forth in subparagraph (iii), any difference in language between 3 Pa.C.S. Ch. 109 and the Healthy Farms and Healthy Schools Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Healthy Farms and Healthy Schools Act.

(iii) Subparagraph (ii) does not apply to the addition of the following provisions:

(A) 3 Pa.C.S. § 10903.

(B) 3 Pa.C.S. § 10904(a) and (b).

(C) 3 Pa.C.S. § 10907(c). Explanatory Note. Act 34 added Chapter 109 of Title 3. 2019, JULY 1, P.L.263, NO.37 § 3. Continuation of prior law. Continuation is as follows:

(1) The addition of 3 Pa.C.S. Ch. 6 is a continuation of the act of December 12, 1994 (P.L.900, No.130), known as the Agriculture-Linked Investment Program Act. The following apply:

(i) Except as otherwise provided in 3 Pa.C.S. Ch. 6, all activities initiated under the Agriculture-Linked Investment Program Act shall continue and remain in full force and effect and may be completed under 3 Pa.C.S. Ch. 6. Orders, regulations, rules and decisions which were made under the Agriculture-Linked Investment Program Act and which are in effect on the effective date of section 2 of this act shall remain in full force and effect until revoked, vacated or modified under 3 Pa.C.S. Ch. 6. Contracts, obligations and collective bargaining agreements entered into under the Agriculture-Linked Investment Program Act are not affected nor impaired by the repeal of the Agriculture-Linked Investment Program Act.

(ii) Except as set forth in subparagraph (iii), any difference in language between 3 Pa.C.S. Ch. 6 and the Agriculture-Linked Investment Program Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Agriculture-Linked Investment Program Act.

(iii) Subparagraph (ii) does not apply to the addition of the following provisions:

(A) 3 Pa.C.S. § 602.

(B) The definitions of "agricultural erosion and sedimentation plan," "best management practices," "Conservation District Law," "eligible borrower," "manure management plan," "nutrient management plan," "odor management plan" and "The Clean Streams Law" in 3 Pa.C.S. § 603.

(C) 3 Pa.C.S. § 604.

(D) 3 Pa.C.S. § 605(a)(2) and (3), (c)(1) and

(d)(1).

(2) (Reserved). Explanatory Note. Act 37 added Chapter 6 of Title 3. 2022, JULY 11, P.L.762, NO.74
3 Pa.C.S. § 318 — PA Code / Title 3 / Chapter 3 / Section 318
Reports to General Assembly.
Status: in_force

The Attorney General shall provide to the chairman and the minority chairman of the Senate Committee on Agricultural and Rural Affairs and the chairman and minority chairman of the Agricultural and Rural Affairs Committee of the House of Representatives an annual report to include the following:

(1) Information on how many reviews were requested, the nature of the complaints and the location of the ordinances cited.

(2) Information on how many reviews were conducted.

(3) Information on how many legal actions were brought by the Attorney General.

(4) Information on the outcome of legal actions brought by the Attorney General.
3 Pa.C.S. § 9326 — PA Code / Title 3 / Chapter 93 / Section 9326
Admission to racetrack.
Status: in_force

(a) Power of licensed racing entity.--Except as provided in subsection (b), a licensed racing entity may refuse admission to and eject from the racetrack enclosure operated by the licensed racing entity any person licensed by the commission under this chapter and employed at an occupation at the racetrack if the person's presence is deemed detrimental to the best interests of horse racing and after citing the reasons for the determination in writing. The action of the licensed racing entity refusing the person admission to or ejecting the person from a horse race meeting ground or racetrack enclosure shall have immediate effect unless a supersedeas has been granted by the bureau director. The person refused admission or ejected shall receive a hearing before the commission, if requested, pursuant to rules and regulations adopted for that purpose by the commission and a decision rendered following that hearing.

(b) Admission.--A licensed racing entity may not refuse admission to or eject a law enforcement official, commission member or employee or employee of the Department of Revenue while the official is engaged in the performance of the individual's official duties.
3 Pa.C.S. § 2380.7 — PA Code / Title 3 / Chapter 23 / Section 2380.7
Periodic inspections.
Status: in_force

During regular business hours, the department is authorized to inspect the premises of a licensee for compliance with this subchapter and regulations under this subchapter.
3 Pa.C.S. § 7112 — PA Code / Title 3 / Chapter 71 / Section 7112
Refusal, suspension or revocation of license.
Status: in_force

The department may refuse, suspend or revoke the license of any person where the licensee has not complied with the provisions of this chapter or of any person who has used fraudulent or deceptive practices in the evasion of the provisions of this chapter.
3 Pa.C.S. § 906 — PA Code / Title 3 / Chapter 9 / Section 906
Meetings.
Status: in_force

The commission shall hold its first meeting within 45 days of the effective date of this section, regardless of whether all legislative caucuses have appointed members to the commission. The commission shall hold meetings at the call of the chairperson.
3 Pa.C.S. § 501 — PA Code / Title 3 / Chapter 5 / Section 501
Scope.
Status: in_force

This chapter relates to nutrient management and odor management.
3 Pa.C.S. § 6829 — PA Code / Title 3 / Chapter 68 / Section 6829
Exchanges between manufacturers.
Status: in_force

Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of fertilizers to each other by importers, manufacturers or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of fertilizer to manufacturers or manipulators who are in compliance with the provisions of this chapter.
3 Pa.C.S. § 1516 — PA Code / Title 3 / Chapter 15 / Section 1516
Noxious weed control areas.
Status: in_force

(a) General rule.--The following apply:

(1) The department may establish a noxious weed control area through a control order issued by the department under section 1517 (relating to control orders). The order shall be published in the Pennsylvania Bulletin and disseminated to persons in the noxious weed control area that will be affected by the order. A control order shall remain in effect until the time as it is rescinded by the department.

(2) Within the noxious weed control area, the department may prohibit, without inspection, the movement, shipment or transportation of any noxious weed or other material capable of carrying the noxious weed from the area under the control order.

(b) Compliance.--The department shall require an affected landowner or lessee or other person within the noxious weed control area to comply with the provisions of the control order within the time frame indicated in the order.

(c) Publication.--Every designated noxious weed control area and any accompanying control order created under this section and section 1517 shall be published in the Pennsylvania Bulletin pursuant to the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.
3 Pa.C.S. § 4701 — PA Code / Title 3 / Chapter 47 / Section 4701
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Crop Insurance Act.
3 Pa.C.S. § 4106 — PA Code / Title 3 / Chapter 41 / Section 4106
State standards of weight and measure.
Status: in_force

Such weights and measures in conformity with the standards of the United States as have been supplied to the Commonwealth by the Federal Government or otherwise obtained by the Commonwealth for use as State standards shall, when the same have been certified as being satisfactory for use as such by the National Institute of Standards and Technology, be the State standards of weight and measure. The State standards shall be kept in a safe and suitable place in the State Metrology Laboratory, shall not be removed except for repairs or for certification and shall be submitted at least once in ten years to the National Institute of Standards and Technology for certification. The State standards shall be used only in verifying the office standards and for scientific purposes. The Department of General Services shall, within six months of the effective date of this section, submit to 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 a plan to obtain full National Institute of Standards and Technology accreditation for the State Metrology Laboratory. Such plan shall include recommendations to solve the space, facility and equipment deficiencies of the laboratory. Cross References. Section 4106 is referred to in section 4107 of this title.
3 Pa.C.S. § 6920 — PA Code / Title 3 / Chapter 69 / Section 6920
Enforcement and penalties.
Status: in_force

(a) Criminal penalties.--Unless otherwise specified, any person who violates any of the provisions of this chapter or a rule or regulation adopted thereunder or any order issued pursuant thereto:

(1) For the first offense, commits a summary offense and shall, upon conviction, be sentenced for each offense to pay a fine of not less than $50 nor more than $100 and costs of prosecution or to serve a term of imprisonment for not more than 90 days, or both.

(2) For a subsequent offense committed within three years of a prior conviction for any violation of this chapter or any rule, regulation or order made under this chapter, commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than $500 nor more than $1,000 and costs of prosecution or to serve a term of imprisonment for not more than two years, or both.

(b) Trade secrets.--

(1) Any person who uses to that person's own advantage or reveals to anyone other than the department, administrative tribunal or the courts when relevant in any judicial proceeding any information acquired under the

authority of this chapter concerning any method, records, formulations or processes which as a trade secret is entitled to protection under the law commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $500 or to serve a term of imprisonment for not less than one year, or both.

(2) This subsection shall not be construed to prohibit the department from exchanging information of a regulatory nature with governmental agencies of the Federal Government, agencies of this Commonwealth or any other state in order to implement the purpose and provisions of this chapter.

(c) Civil penalties.--

(1) In addition to proceeding under any other remedy available at law or in equity for a violation of this chapter, the department may assess a civil penalty of not more than $2,500 upon any person for each violation of this chapter. The civil penalty assessed shall be payable to the department and shall be collectible in any manner provided by law for the collection of debt.

(2) No civil penalty shall be assessed unless the person assessed the penalty has been given notice and opportunity for a hearing on the penalty assessment in accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).

(d) Certified copy of official analysis.--In prosecutions under this chapter involving the composition of a lot of soil amendment or plant amendment, a certified copy of the official analysis signed by the secretary or the secretary's designee shall be accepted as prima facie evidence of the composition.

(e) De minimis violations.--Nothing in this chapter shall be construed as requiring the department to report a violation and to institute seizure proceedings as a result of a de minimis violation of this chapter when the department concludes that the public interest will be best served by a suitable notice of warning in writing.
3 Pa.C.S. § 7120 — PA Code / Title 3 / Chapter 71 / Section 7120
Delegation of duties; exclusion of local laws and regulations.
Status: in_force

(a) Designation.--All authority vested in the secretary by virtue of the provisions of this chapter may with like force and effect be executed by such employees of the Commonwealth as the secretary may from time to time designate for said purpose.

(b) Statewide jurisdiction and preemption.--This chapter and its provisions are of Statewide concern and occupy the whole field of regulation regarding the registration, labeling, sale, storage, transportation, distribution, notification of use and use of seeds to the exclusion of all local regulations. Except as otherwise specifically provided in this chapter, no ordinance or regulation of any political subdivision or home rule municipality may prohibit or in any way attempt to regulate any matter relating to the registration, labeling, sale, storage, transportation, distribution, notification of use or use of seeds if any of these ordinances, laws or regulations are in conflict with this chapter.
3 Pa.C.S. § 909 — PA Code / Title 3 / Chapter 9 / Section 909
Additional powers and duties.
Status: in_force

The commission shall have the following powers and duties:

(1) Review, make findings and offer recommendations related to the dairy industry in this Commonwealth.

(2) Consult with and utilize experts to assist the commission in carrying out the duties under this section.

(3) Receive input from interested parties.

(4) Hold public hearings in different regions of this Commonwealth.

(5) Review and consider dairy policies and factors utilized throughout the United States.

(6) Review the administration and operation of State and regional programs and services and make recommendations to implement new policies, legislation and regulations.

(7) Recommend proposed legislation and regulatory changes based on the commission's findings.

(8) Issue a report of the commission's findings and recommendations to the Governor, the Majority Leader and Minority Leader of the Senate, the Majority Leader and Minority Leader of the House of Representatives, 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 not later than one year after the effective date of this section.
3 Pa.C.S. § 2371 — PA Code / Title 3 / Chapter 23 / Section 2371
Licensure requirement.
Status: in_force

Any person who feeds garbage to domestic animals shall be deemed to be engaged in the garbage feeding business. It shall be the duty of any such person to obtain a license from the department as a precondition to operating a garbage feeding business within this Commonwealth and to thereafter maintain a current license while such business is in operation.
3 Pa.C.S. § 1102 — PA Code / Title 3 / Chapter 11 / Section 1102
Use of display fireworks.
Status: in_force

(a) Prohibition.--No display fireworks shall be ignited within 300 feet of a facility that meets the requirements of section 1107 (relating to sales locations).

(b) Permit.--Permission shall be given by the governing body of a municipality under reasonable rules and regulations for displays of display fireworks to be held within the municipality. After permission is granted, purchase, possession

and use of display fireworks shall be lawful for the use outlined in the permit only. Permits shall not be transferable.

(c) Limitations.--Each use of display fireworks shall be:

(1) handled by a competent operator at least 21 years of age who demonstrates evidence of fireworks handling and safety training; and

(2) of a character and so located, discharged or fired as, in the opinion of the chief of the fire department or other appropriate officer as may be designated by the governing body of the municipality, after proper inspection, to not be hazardous to property or endanger any person.

(d) Insurance.--The governing body of the municipality shall require a permittee to carry insurance in an amount not less than $1,000,000 conditioned for the payment of all damages which may be caused to a person or property by reason of the use of display fireworks and arising from an act of the permittee or an agent, an employee or a subcontractor of the permittee.

(e) Permit extension.--A municipality may grant an extension for a permit issued under this section to a new date for displays canceled due to unfavorable weather or other circumstances beyond the control of the permittee.
3 Pa.C.S. § 10507 — PA Code / Title 3 / Chapter 105 / Section 10507
Audit and recordkeeping.
Status: in_force

(a) Requirements.--The department shall establish and enforce the audit and recordkeeping requirements as established under the annual Federal Specialty Crop Block Grant Program and publish the requirements on the department's publicly accessible Internet website. The department shall transmit notice of the audit and recordkeeping requirements to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(b) Authority to investigate.--The department may investigate the records of a recipient under this chapter. The recipient shall provide the recipient's records upon the department's request. A recipient shall allow the department to conduct on-site inspections as necessary to assure compliance

with this chapter, the program parameters developed under this chapter or a signed grant agreement established under this chapter.
3 Pa.C.S. § 4508 — PA Code / Title 3 / Chapter 45 / Section 4508
Marketing program review and amendments.
Status: in_force

(a) Review.--Every five years the secretary shall call a referendum of affected producers within each agricultural commodity group for which a marketing program exists to determine whether or not a majority of those voting still desire a marketing program.

(b) Referendum on amendments.--The secretary shall call for a referendum on amendments to a marketing program within a reasonable period of time, upon the request of the advisory board or with written request of 10% of the producers in a commodity group of over 2,000 affected producers or 15% of the producers in a commodity group of less than 2,000 affected producers. In voting on an amendment to the marketing program, the vote shall be only on the amendment and shall not terminate the program.
3 Pa.C.S. § 513 — PA Code / Title 3 / Chapter 5 / Section 513
Unlawful conduct.
Status: in_force

It shall be unlawful to fail to comply with or to cause or assist in the violation of any order or any of the provisions of this chapter or the rules and regulations adopted under this chapter or to fail to comply with a nutrient management plan or an odor management plan.
3 Pa.C.S. § 7117 — PA Code / Title 3 / Chapter 71 / Section 7117
Rules and regulations.
Status: in_force

The department shall promulgate and enforce rules and regulations necessary for administration and implementation of this chapter.
3 Pa.C.S. § 4108 — PA Code / Title 3 / Chapter 41 / Section 4108
Director and inspectors of weights and measures.
Status: in_force

There shall be a director of weights and measures and inspectors of weights and measures and necessary technical and clerical personnel who shall be appointed by the department and who shall collectively comprise the State Bureau of Ride and Measurement Standards, of which the director shall be the chief. The department shall be allowed such sums for salaries for the director, the inspectors and the necessary technical and clerical employees, for necessary equipment and supplies and for traveling and contingent expenses as shall be appropriated by the General Assembly.
3 Pa.C.S. § 314 — PA Code / Title 3 / Chapter 3 / Section 314
Duties of Attorney General.
Status: in_force

(a) Request for review.--An owner or operator of a normal agricultural operation may request the Attorney General to review a local ordinance believed to be an unauthorized local ordinance and to consider whether to bring legal action under section 315(a) (relating to right of action).

(b) Discretion.--The Attorney General has the discretion whether to bring an action under section 315(a).

(c) Response.--Within 120 days after receiving a request under subsection (a), the Attorney General shall advise the person that made the request whether or not the Attorney General will bring legal action under section 315(a). If the request under subsection (a) is in writing, the response shall be in writing.

(d) Consultation.--The secretary and the dean of the College of Agricultural Sciences at The Pennsylvania State University shall, upon request of the Attorney General, provide expert consultation regarding the nature of normal agricultural operations in this Commonwealth.
3 Pa.C.S. § 5 — PA Code / Title 3 / Chapter 5 / Section 5
Exemption from certain registration fee.
Status: in_force

A food establishment which is licensed as a public eating and drinking place pursuant to the applicable provisions of the act of May 23, 1945 (P.L.926, No.369), referred to as the Public Eating and Drinking Place Law, shall not be subject to the registration fee imposed by section 14(c) of the act of July 7, 1994 (P.L.421, No.70), known as the Food Act. 1998, OCTOBER 16, P.L.768, NO.94 Preamble The General Assembly finds and declares as follows:

(1) It is the policy of the Commonwealth to conserve, protect and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products.

(2) It is also the policy of the Commonwealth that aquaculture is an agricultural activity which adds to the diversity of our food and fiber production system and should be conserved, protected and encouraged to develop and grow within this Commonwealth.

(3) Aquacultural production is a vital sector of Pennsylvania's agriculture, supplying fresh foodfish, ornamental species and over 70% of the trout stocked in the northeastern United States.

(4) Aquaculture has grown globally from 6,600,000 metric tons in 1966 to 15,900,000 metric tons in 1993. Aquaculture will continue to grow to contribute further to the Commonwealth's economy insofar as Pennsylvania is an industry leader and aquaculturally friendly.

(5) It is the policy of the Commonwealth that all levels of government work together under the leadership of the Department of Agriculture to create an atmosphere conducive to the further development and expansion of our aquacultural industry. Explanatory Note. Act 94 added Chapter 42 of Title 3. § 2. Duties of Department of Agriculture. The Department of Agriculture is directed to analyze needs for aquacultural research to determine the desirability and feasibility of acquiring via a public or private consortium one or both of the Federal fish research stations located within this Commonwealth should either or both of the stations become available. 2001, DECEMBER 13, P.L.876, NO.97
3 Pa.C.S. § 2504 — PA Code / Title 3 / Chapter 25 / Section 2504
Penalty.
Status: in_force

(a) Imposition.--The department may assess an administrative penalty of up to $500 for each violation of this chapter or a regulation promulgated under this chapter.

(b) Procedure.--A penalty assessed under subsection (a) shall be subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).
3 Pa.C.S. § 10304 — PA Code / Title 3 / Chapter 103 / Section 10304
Applications.
Status: in_force

(a) Application procedure.--An agriculture and youth organization may make application at the time, in the manner and containing information as the department may require. The department shall determine, from the information provided, whether the application is eligible for consideration by the board.

(b) Annual meeting.--The board shall meet annually to recommend to the department the awarding of grants to qualifying organizations.

(c) Other meetings.--The board shall meet at the call of the chairperson to conduct business related to the award of grants.
3 Pa.C.S. § 9374 — PA Code / Title 3 / Chapter 93 / Section 9374
Costs of enforcement of medication rules or regulations.
Status: in_force

(a) Authorization.--Beginning July 1, 2016, and each year thereafter, the General Assembly shall authorize the transfer of funds from the Pennsylvania Race Horse Development Trust Fund to the State Racing Fund to provide for each cost associated with the collection and research of and testing for medication, which shall include the cost of necessary personnel, equipment, supplies and facilities, except holding barns or stables, to be located at horse race facilities, grounds or enclosures or at other locations designated by the commission. All such costs shall be reviewed and approved by the commission. The transfer shall be made in 52 equal weekly installments during the fiscal year before any other distribution from the Pennsylvania Race Horse Development Trust Fund.

(b) Expiration.--(Repealed). (Oct. 30, 2017, P.L.419, No.42, eff. imd.; May 29, 2020, P.L.158, No.23, eff. July 1, 2020) 2020 Repeal. Act 23 repealed subsec. (b). 2017 Amendment. Act 42 amended subsec. (a).

Cross References. Section 9374 is referred to in sections 9334, 9372 of this title; section 1405.1 of Title 4 (Amusements).
3 Pa.C.S. § 10705 — PA Code / Title 3 / Chapter 107 / Section 10705
Funding.
Status: in_force

The department shall use money as appropriated by the General Assembly for grants under this chapter, and may also use any other money that is made available to the department for grants under this chapter, by Federal appropriation, State appropriation, donation or from any other source.
3 Pa.C.S. § 6901 — PA Code / Title 3 / Chapter 69 / Section 6901
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Soil and Plant Amendment Act.
3 Pa.C.S. § 6911 — PA Code / Title 3 / Chapter 69 / Section 6911
Short weight.
Status: in_force

If any soil amendment or plant amendment in the possession of a consumer is found by the department to be short in weight, the guarantor of that soil amendment or plant amendment shall, within 30 days after official notice from the department, submit to the consumer a penalty payment of two times the value of the actual shortage.
3 Pa.C.S. § 4502 — PA Code / Title 3 / Chapter 45 / Section 4502
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." Agricultural, aquacultural, horticultural, viticultural and dairy products, livestock and the products thereof, ranch-raised furbearing animals and the products thereof, the products of poultry and bee raising, forestry and forestry products and any and all products raised or produced on farms intended for human consumption and the processed or manufactured products thereof intended for human

consumption, transported or intended to be transported in commerce. "Commodity marketing board" or "board." The persons who are appointed by the Secretary of Agriculture from among producers whose commodities are subject to an issued marketing program.

"Cooperative association." Any cooperative marketing association of producers which the Secretary of Agriculture determines, after application by the cooperative association:

(1) to be qualified under the provisions of the Cooperative Marketing Association Act (42 Stat. 388, 7 U.S.C. §§ 291 and 292) and organized as a cooperative agricultural association under the laws of this Commonwealth and any other state; and

(2) to have full authority in the sale of affected agricultural commodity of its members and to be engaged in making collective sales of or marketing the commodity or its products for its members.

"Marketing contract." A contract or agreement between a commodity marketing board and a person for the performance of services relating to advertising, marketing, promotion, research or other objectives in furtherance of a marketing program.

"Marketing program." A program established pursuant to this chapter governing the collection of fees and administration of budgets to implement projects to benefit producers in this Commonwealth during any specified period or periods.

"Person." An individual, firm, corporation, association or any other business unit.

"Producer." A person engaged within this Commonwealth or a production area within this Commonwealth in the business of producing agricultural commodities or causing agricultural commodities to be produced.

"Sales agent." Any person, including individuals, partnerships, corporations, cooperative associations and unincorporated cooperative associations, who purchases or handles or receives or sells or contracts to sell an affected agricultural commodity.
3 Pa.C.S. § 6802 — PA Code / Title 3 / Chapter 68 / Section 6802
Licensing.
Status: in_force

(a) Requirements.--Each person engaged in the manufacture of fertilizer to be distributed in this Commonwealth and each guarantor of the fertilizer shall, on or before July 1 of each year or prior to manufacture or distribution of the fertilizer, obtain a fertilizer license for each facility located in this Commonwealth and for each guarantor by completing a form furnished by the department and paying a $50 application fee for each facility and for each guarantor. All licenses shall expire on June 30 of each year.

(b) Labeling and typical analysis.--The department may require an applicant for a fertilizer license or a current fertilizer licensee to submit the labeling that the person is using or intends to use for the fertilizer. The department may also require an applicant or fertilizer licensee to provide a typical analysis of selected components that may be in the fertilizer. Cross References. Section 6802 is referred to in section 6801 of this title.
3 Pa.C.S. § 11106 — PA Code / Title 3 / Chapter 111 / Section 11106
Cooperation.
Status: in_force

In order to increase the efficiency of the department regarding the administration and implementation of this chapter, the department may cooperate and enter into agreements with the appropriate regulatory agencies of the Federal Government and any other Commonwealth agency in furtherance of this chapter. Cross References. Section 11106 is referred to in section 11107 of this title.
3 Pa.C.S. § 2305 — PA Code / Title 3 / Chapter 23 / Section 2305
Keeping and handling of domestic animals.
Status: in_force

The department shall have authority to regulate the keeping and handling of domestic animals to exclude or contain dangerous transmissible diseases and hazardous substances and to protect the environment, including the authority to require the establishment of an agricultural biosecurity area and that all such agricultural biosecurity areas so established be clearly and conspicuously posted. The department may develop a regulation to govern the form and content of posted notice to identify an agricultural biosecurity area. Nothing in this section shall be construed to authorize the department to require vaccination of any animal to prevent or control rabies whenever that animal is exempt from vaccination under the act

of December 15, 1986 (P.L.1610, No.181), known as the Rabies Prevention and Control in Domestic Animals and Wildlife Act. (Nov. 23, 2010, P.L.1360, No.125, eff. imd.)
3 Pa.C.S. § 9356 — PA Code / Title 3 / Chapter 93 / Section 9356
Operations.
Status: in_force

(a) Prior to operating requirements.--Before doing business in this Commonwealth, all of the following are required of a licensee:

(1) Be qualified to do business in this Commonwealth.

(2) Submit a copy of each document required to be filed with the Department of Revenue and each document related to an audit or investigation by any Federal, State or local regulatory agency to the commission.

(3) Remit to the commission a copy of each document required to be filed with any Federal, State or local regulatory agency.

(b) Requirements.--

(1) A licensee shall submit quarterly reports to the commission providing amounts wagered by residents in this Commonwealth and amounts wagered on races in this Commonwealth.

(2) A licensee shall contribute to the purse account in accordance with section 9331(d) (relating to pari-mutuel wagering at nonprimary locations).

(3) A licensee shall not commingle account funds with other funds.

(4) A licensee shall provide quarterly financial statements to the commission for the first calendar year of operation if the licensee does not have audited financial statements for the last three years as referenced in section 9353(a)(4) (relating to license application procedures).

(5) A licensee shall use and communicate pari-mutuel wagers to a totalisator licensed by the commission.

(6) A licensee shall operate and communicate with the totalisator in such a way as not to provide or facilitate a wagering advantage based on access to information and processing of wagers by account holders relative to individuals who wager at licensed racing entities or simulcast facilities.

(7) All personnel processing wagers made by residents of this Commonwealth shall be licensed by the commission.

(8) Accounts shall only be accepted in the name of an individual and shall not be transferable. Only individuals who have established accounts with a licensee may wager through a licensee.

(9) Each account holder shall provide personal information as the licensee and the commission require, including all of the following:

(i) Name.

(ii) Principal residence address.

(iii) Telephone number.

(iv) Social Security number.

(v) Date of birth.

(vi) Other information necessary for account administration.

(10) The information supplied by the account holder shall be verified by the licensee using means acceptable to the commission.

(11) The licensee shall provide each account holder a secure personal identification code and password to be used by the account holder to confirm the validity of every account transaction.

(12) An employee or agent of the licensee shall not disclose any confidential information except as follows:

(i) To the commission.

(ii) To the account holder as required by this chapter.

(iii) To the licensee and its affiliates.

(iv) To the licensed racing entity as required by the agreement between the licensee and the licensed racing entity.

(v) As otherwise required by law.

(13) The licensee shall provide each account holder a copy of account holder rules and the terms of agreement and other information and materials that are pertinent to the operation of the account.

(14) The licensee may refuse to establish an account if it is found that any of the information supplied is false or incomplete or for any other reason the licensee deems sufficient.

(15) Each account shall be administered in accordance with the account holder rules and the terms of agreement provided to account holders, including:

(i) Placing of wagers.

(ii) Deposits to accounts.

(iii) Credits to accounts.

(iv) Debits to accounts.

(v) Refunds to accounts.

(vi) Withdrawals from accounts.

(vii) Minimum deposit requirements.

(viii) Fees per wager.

(ix) Rebates.

(16) Each licensee shall have protocols in place and shall publicize to its account holders when the wagers are excluded from a host racetrack's wagering pool. These protocols shall include an immediate electronic mail message to affected account holders and immediate posting on the licensee's publicly accessible Internet website.

(17) A licensee shall maintain complete records of the application and the opening of an account for the life of the account plus two additional years. A licensee shall also maintain complete records of the closing of an account for two years after closing. These records shall be provided to the commission upon request.

(18) A licensee shall maintain complete records of all transactions, including deposits, credits, debits, refunds, withdrawals, fees, wagers, rebates and earnings for two years. These records shall be provided to the commission upon request.

(19) All wagering conversations, transactions or other wagering communications, verbal or electronic, shall be recorded by means of the appropriate electronic media, and the tapes or other records of the communications shall be kept by the licensee for a period of two years. These tapes and other records shall be made available to the commission upon request.

(20) The recording of the confirmation of the transaction, as reflected in the voice or other data recording, shall be deemed to be the actual wager regardless of what was recorded by the totalisator.

(21) A licensee shall not accept wagers if its recording system is not operable.

(22) The commission may monitor the equipment and staff and review the records of a licensee and any of the

transactions conducted by the licensee with regards to wagers made by residents of this Commonwealth.

(23) A licensee may suspend or close any account for violation of the account holder rules and the terms of agreement, or any other reason it deems sufficient, if the licensee returns to the account holder all money then on deposit within seven calendar days. (Oct. 30, 2017, P.L.419, No.42, eff. imd.) 2017 Amendment. Act 42 amended subsec. (b)(2) and (10).
3 Pa.C.S. § 4803 — PA Code / Title 3 / Chapter 48 / Section 4803
Establishment.
Status: in_force

The Agricultural Business Development Center is established in the department, which shall staff and operate the center. Cross References. Section 4803 is referred to in section 4802 of this title.
3 Pa.C.S. § 6808 — PA Code / Title 3 / Chapter 68 / Section 6808
Plant nutrient deficiency.
Status: in_force

(a) Penalties.--The following penalties shall be assessed for deficiencies from the guaranteed analysis:

(1) A penalty payment of five times the commercial value of each deficiency shall be assessed when the analysis shows that a fertilizer is deficient if:

(i) one or more of its guaranteed primary plant nutrients is beyond a tolerance of 10% (two unit maximum); or

(ii) the overall index value of the primary nutrients in the fertilizer is below 97.

(2) When a fertilizer is subject to a penalty payment under paragraph (1)(i) and (ii), the larger penalty payment shall apply. Any penalty assessed shall not exceed the retail price of the lot of fertilizer represented by the official sample.

(3) Deficiencies beyond the tolerance as established by regulation in a component other than a primary nutrient shall be evaluated by the department and shall be subject to a penalty under this chapter.

(b) Payment of penalties.--Within 90 days following receipt of the official report of analysis, the guarantor shall pay to the consumer a deficiency penalty in the amount prescribed on the report of analysis. Receipts of payment shall be promptly forwarded by the guarantor to the department. If the consumer cannot be found, the penalties shall be paid to the department.

(c) Deficiencies in fertilizers.--A deficiency in an official sample of fertilizer resulting from nonuniformity shall not be deemed distinguishable from a deficiency due to actual plant nutrient shortage and shall be deemed a violation of this chapter for which the department may assess a penalty as provided for in this chapter. Cross References. Section 6808 is referred to in section 6809 of this title.
3 Pa.C.S. § 522 — PA Code / Title 3 / Chapter 5 / Section 522
Regulations.
Status: in_force

The Department of Environmental Protection is authorized to adopt such regulations as it deems necessary to its administration and enforcement of this chapter. This includes the authority to establish, by regulation, such fees as are

reasonably necessary to fund the implementation and enforcement of this chapter.
3 Pa.C.S. § 6910 — PA Code / Title 3 / Chapter 69 / Section 6910
Adulteration.
Status: in_force

(a) General rule.--No person shall distribute an adulterated soil amendment or plant amendment product. A soil amendment or plant amendment shall be deemed to be adulterated if:

(1) it contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water when applied in accordance with its intended use or directions for use on the label;

(2) adequate warning statements or directions for use which may be necessary to protect plant life, animals, humans, aquatic life, soil or water are not shown upon the label;

(3) its composition falls below or differs from that which it is purported to possess by its labeling; or

(4) it contains viable weed seed in amounts exceeding the limits which the department establishes by regulation.

(b) Exception.--A soil amendment or plant amendment shall not be considered adulterated under this section if the quantity of the substance in the soil amendment or plant amendment does not ordinarily render it injurious.
3 Pa.C.S. § 6912 — PA Code / Title 3 / Chapter 69 / Section 6912
Refusal, suspension or revocation of registration or license.
Status: in_force

The department may refuse, suspend or revoke the registration of any soil amendment or plant amendment or refuse, suspend or revoke the license of any person where the registrant or licensee has not complied with the provisions of this chapter or of any person who has used fraudulent or deceptive practices in the evasion of the provisions of this chapter.
3 Pa.C.S. § 9361 — PA Code / Title 3 / Chapter 93 / Section 9361
Tax compliance requirement.
Status: in_force

(a) Applicant.--An applicant must be tax compliant to be eligible for a license issued under this chapter. Upon receipt of an application for a license, the commission shall request the Department of Revenue to conduct a tax compliance review of the applicant.

(b) Licensees.--A licensee must be tax compliant to be eligible for renewal of a license issued under this chapter. Prior to renewing a license, the commission shall request the Department of Revenue to conduct a tax compliance review of the licensee.

(c) Commissioners and commission employees.--An individual must be tax compliant to be eligible to serve as a commissioner or to be employed by the commission. Commissioners and commission employees shall be subject to an annual tax compliance review to ensure they are tax compliant. This subsection may not apply to commission employees subject to a collective bargaining agreement.

(d) Contractors.--Each contractor of the commission shall be subject to an annual tax compliance review to ensure that the contractor is tax compliant.

(e) Review.--The tax compliance review under subsections

(a) and (b) and the annual tax compliance review under subsections (c) and (d) must be performed on the dates as determined by the commission.

(f) Definitions.--For purposes of this section, the following words and phrases shall have the following meanings:

"Tax compliant." Being current with all applicable Commonwealth tax filing and reporting obligations for any applicable tax year and current with payment of any balance of tax, interest or penalty due the Commonwealth as determined by the Department of Revenue for an applicable tax year.

"Tax compliance review." The process by which the Department of Revenue determines whether an individual or entity is tax compliant.
3 Pa.C.S. § 2326 — PA Code / Title 3 / Chapter 23 / Section 2326
Sanitation.
Status: in_force

The department shall have the authority to establish standards of sanitation for the operation and maintenance of any facility, conveyance, equipment, building or other means of housing, containing or transporting domestic animals. Sanitation standards shall be established to minimize the possible transmission of dangerous transmissible diseases.
3 Pa.C.S. § 4509 — PA Code / Title 3 / Chapter 45 / Section 4509
Notice of issuance.
Status: in_force

Upon the issuance of any marketing program or any suspension, amendment or termination thereof, a notice shall be published in a newspaper of general circulation published in the capital of the Commonwealth and in such other newspapers as the secretary may prescribe. No program or any suspension, amendment or termination thereof shall become effective until the termination of a period of 20 days from the date of the publication. It shall also be the duty of the secretary to mail a copy of the notice of the issuance to all producers directly affected by the terms of the program, suspension, amendment or termination whose names and addresses may be on file in the office of the secretary and to every person who files in the office of the secretary a written request for notice.
3 Pa.C.S. § 905 — PA Code / Title 3 / Chapter 9 / Section 905
Membership.
Status: in_force

(a) General rule.--The commission shall consist of the following members:

(1) One individual appointed by the Governor.

(2) The Secretary of Agriculture or a designee.

(3) The Secretary of Community and Economic Development or a designee.

(4) The Secretary of Revenue or a designee.

(5) The Secretary of Transportation or a designee.

(6) The Secretary of Environmental Protection or a designee.

(7) One individual appointed by the President pro tempore of the Senate.

(8) One individual appointed by the Speaker of the House of Representatives.

(9) Two individuals appointed by the Majority Leader of the Senate.

(10) One individual appointed by the Minority Leader of the Senate.

(11) Two individuals appointed by the Majority Leader of the House of Representatives.

(12) One individual appointed by the Minority Leader of the House of Representatives.

(13) The chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the Senate or a designee.

(14) The chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives or a designee.

(15) A representative of the Milk Marketing Board.

(16) A representative of the Center for Dairy Excellence.

(17) A representative of The Pennsylvania State University with expertise in the dairy industry.

(18) A representative of the Pennsylvania Farm Bureau with expertise in the dairy industry.

(19) A representative of the Center for Rural Pennsylvania.

(20) A representative of the Pennsylvania State Grange.

(b) Chairperson.--The commission shall appoint a member to serve as chairperson of the commission.
3 Pa.C.S. § 4125 — PA Code / Title 3 / Chapter 41 / Section 4125
Division of responsibilities.
Status: in_force

(a) Agreements; local inspection.--The department shall enter into memorandums of understanding with counties and with cities to which a delegation of powers and duties has been effected pursuant to section 4121 (relating to powers and duties of director and inspector) for a division of inspection responsibilities for the enforcement of this chapter and any rules, regulations and standards promulgated under this chapter, provided that such counties or cities satisfy the standards and requirements established by the department to assure uniform Statewide enforcement of this chapter. Each memorandum of understanding shall be reviewed and updated annually and may be revoked in whole or in part by the department in the event the department determines that the city or county sealer enforcement program does not satisfy the standards and requirements established by the department as necessary to assure uniform Statewide enforcement of this chapter. In reaching agreements to enter into memorandums of understanding with counties and cities employing sealers of weights and measures, the provisions of this chapter and its regulations shall be considered as establishing uniform requirements, regulations and standards for weights and measures and weighing and measuring devices throughout this Commonwealth.

(b) Reports.--Each city and county sealer shall annually and at such other times as the department may require submit to the department a written report of the work performed by him, of the weights, measures and weighing and measuring devices inspected or tested by him and the results of such inspection or test, of all prosecutions instituted by him for violations of the provisions of this chapter and of all other matters and things pertaining to his duties or which may be required by the department. Cross References. Section 4125 is referred to in sections 4112, 4121, 4122 of this title.
3 Pa.C.S. § 9312 — PA Code / Title 3 / Chapter 93 / Section 9312
Additional powers of commission.
Status: in_force

The commission shall regulate horse racing at which pari-mutuel wagering is conducted and approve the number of racing days allocated to each licensed racing entity. In addition to any other powers of the commission:

(1) The commission shall promulgate regulations regarding medication rules as required under Subchapter E (relating to medication rules and enforcement provisions).

(2) The following shall apply:

(i) The commission shall require an applicant under this chapter to submit to fingerprinting for a report of Federal criminal history record information.

(ii) The applicant must submit a full set of fingerprints to the Pennsylvania State Police or the Pennsylvania State Police's authorized agent for the purpose of a record check. The Pennsylvania State Police or the Pennsylvania State Police's authorized agent must then submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the applicant and obtaining a current record of any criminal arrests and convictions.

(iii) The commission shall consider information obtained under this paragraph for the purpose of screening applicants for fitness for licensure in accordance with the provisions of this chapter.

(iv) National criminal history record information received by the commission shall be handled and maintained in accordance with Federal Bureau of Investigation policy.

(v) Fingerprints obtained under this paragraph may be maintained by the commission and Pennsylvania State Police to enforce this chapter and for general law enforcement purposes.

(vi) In addition to any other fee or cost assessed by the commission, an applicant must pay for the cost of the fingerprint process.

(vii) The commission may exempt applicants for positions not related to the care or training of horses, racing, wagering, security or the management of a licensed racing entity from the provisions of this chapter.

(3) Within 90 days of the effective date of this section, the commission must adopt and publish a comprehensive fee schedule in the Pennsylvania Bulletin. Two years following the effective date of this section, the commission may adopt regulations to annually increase any fee, charge or cost authorized under this chapter.

(4) The commission or designated employee of the commission shall have the power to administer oaths and examine witnesses and may issue subpoenas to compel attendance of witnesses and production of all relevant and material reports, books, papers, documents, correspondence and other evidence related to regulation and enforcement of horse racing under this chapter.

(5) The commission's consideration and resolution of all license or other regulatory administrative actions shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure) or with procedures adopted by order of the commission. Notwithstanding 2 Pa.C.S. §§ 504

(relating to hearing and record) and 505 (relating to evidence and cross-examination), the commission may adopt procedures to provide parties before it with a documentary hearing and may resolve disputed material facts without conducting an oral hearing where constitutionally permissible.

(6) The commission may adopt national standards from other racing jurisdictions or commission-approved trade organizations to establish:

(i) uniform drug threshold levels;

(ii) consistent sanctions for drug testing violations; and

(iii) a system to monitor advanced deposit wagering and online pari-mutuel wagering company activities.

(7) The commission may issue grants from the annual appropriations to race horse rescue and rehabilitation programs operating within this Commonwealth.

(8) The commission shall direct and oversee that each licensed racing entity's racetrack surface is maintained in such a way as to maximize the safety of the horse, jockey or driver. The commission may develop guidelines to carry out this paragraph and may contract with, hire or otherwise consult with racetrack surface experts to carry out the provisions of this section.

(9) The State Horse Racing Commission shall have jurisdiction over and shall promulgate regulations as necessary for the proper administration of all racing conducted by a county agricultural society or an independent agricultural society as provided in the act of July 8, 1986 (P.L.437, No.92), known as the Pennsylvania Agricultural Fair Act.
3 Pa.C.S. § 5743 — PA Code / Title 3 / Chapter 57 / Section 5743
Label requirement.
Status: in_force

(a) General rule.--The cap or nonglass container of pasteurized milk held in retail food facilities for resale shall be conspicuously and legibly marked in a contrasting color with a sell-by date or a best-by date.

(b) Sell-by date.--A sell-by date shall consist of:

(1) a designation of the month and the day of the month after which the product may not be sold or offered for sale, whether expressed in standard fashion (such as "August 15"), numerically (such as "8-15") or with the use of an abbreviation (such as "Aug. 15" or "AU 15"); and

(2) either:

(i) the words "Sell by" or "Not to be sold after" preceding that designation and appearing legibly on the cap or nonglass container; or

(ii) the statement "Not to be sold after the date stamped above" following that designation and appearing legibly on the cap or nonglass container.

(c) Best-by date.--A best-by date shall consist of:

(1) a designation of the month and the day of the month in a format as provided in subsection (b) established by the milk plant as a product quality guideline; and

(2) the words "Best by," "Best if consumed by" or "Best if used by" preceding the designation and appearing legibly on the cap or nonglass container.

(d) Prominence of sell-by date or best-by date on label.--The sell-by date or best-by date shall be separate and distinct from any other number, letter or intervening material on the cap or nonglass container.

(e) Limitation.--A sell-by date or a best-by date may not exceed 17 days beginning after midnight on the day on which the milk was pasteurized, unless the department approves a longer interval in accordance with the procedure described in section 5744 (relating to sell-by date or best-by date of greater than 17 days from pasteurization).

(f) Exempt pasteurized milk and required lot number or manufacturing date code information for pasteurized milk.--The following types of pasteurized milk are exempt from the requirements of this subchapter, provided that the cap or nonglass container contains a lot number or manufacturing date code that is acceptable to the department and can be used for product traceability in the marketplace:

(1) Ultrapasteurized milk.

(2) Cultured milk.

(3) Aseptically processed milk.

(4) Milk that has undergone higher heat shorter time pasteurization.

(5) Milk sold or offered for retail sale on the same premises at which it was processed. Cross References. Section 5743 is referred to in section 5744 of this title.
3 Pa.C.S. § 4809 — PA Code / Title 3 / Chapter 48 / Section 4809
Regulations.
Status: in_force

The department may promulgate rules and regulations to administer and enforce this chapter.
3 Pa.C.S. § 4204 — PA Code / Title 3 / Chapter 42 / Section 4204
Applicability.
Status: in_force

This chapter does not apply to a pet store making a purely retail sale or offer for sale of species of fish legally approved for sale in this Commonwealth. (Mar. 28, 2000, P.L.34, No.9, eff. 60 days) 2000 Amendment. Act 9 added section 4204.
3 Pa.C.S. § 4132 — PA Code / Title 3 / Chapter 41 / Section 4132
Sale by net weight.
Status: in_force

The word "weight" as used in this subchapter in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed.
3 Pa.C.S. § 2703 — PA Code / Title 3 / Chapter 27 / Section 2703
Unlawful acts.
Status: in_force

A person commits a summary offense of the second degree and shall be subject to the penalty imposed under 34 Pa.C.S. § 925(b)(5) (relating to jurisdiction and penalties) if the person does any of the following:

(1) If the person is a taxidermist, mounts any specimen which was not lawfully killed or raised under authority of a propagating permit unless the owner of the specimen presents the taxidermist with a permit obtained from the Pennsylvania Game Commission or the Pennsylvania Fish Commission and, in the case of migratory birds, the required Federal permit.

(2) Mounts any specimen unless the owner of the specimen presents the person with a copy of a permit issued by the Pennsylvania Game Commission or the Pennsylvania Fish Commission. A taxidermist may accept a specimen for safekeeping and, after notifying the nearest Pennsylvania

Game Commission or Pennsylvania Fish Commission officer, hold it until the owner obtains the necessary permit or for a period not to exceed 60 days.

(3) Violates the provisions of this chapter. References in Text. The Pennsylvania Fish Commission, referred to in this section, was designated the Fish and Boat Commission by the act of December 12, 1991 (P.L.368, No.39).
3 Pa.C.S. § 2114 — PA Code / Title 3 / Chapter 21 / Section 2114
Civil penalties.
Status: in_force

(a) Assessment.--The department may assess a civil penalty of not more than $1,000 upon a person for each violation.

(b) Contest.--If a civil penalty is assessed against a person under subsection (a), the department shall notify the person by certified mail of the nature of the violation and the amount of the civil penalty and that the person may notify the department in writing within ten calendar days that he wishes to contest the civil penalty. If within ten calendar days from

the receipt of that notification the person does not notify the department of his intent to contest the assessed penalty, the civil penalty shall become final.

(c) Hearing and appeal.--If timely notification of the intent to contest the civil penalty is given, the person contesting the civil penalty shall be provided with a hearing in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies). Appeals may be taken in accordance with 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).
3 Pa.C.S. § 1526 — PA Code / Title 3 / Chapter 15 / Section 1526
Rules and regulations.
Status: in_force

The department may promulgate rules and regulations and establish and enforce orders necessary for administration and implementation of this chapter in accordance with the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
3 Pa.C.S. § 2110 — PA Code / Title 3 / Chapter 21 / Section 2110
Free access.
Status: in_force

The department, the chief apiary inspector and any apiary inspector shall have free access, ingress and egress to and from any apiary, premises, building or other place, public or private, in which bees, queen bees, wax, honey, hives or appliances may be kept or stored. No person shall deny to such duly authorized officer or agent access to any such place or hinder or resist the inspection of the premises.
3 Pa.C.S. § 2342 — PA Code / Title 3 / Chapter 23 / Section 2342
License of dealers and haulers.
Status: in_force

(a) Requirement.--No person shall engage in or carry on the business of a dealer or hauler of domestic animals or of dead domestic animals or act as an agent for a dealer or hauler, unless such person is duly licensed by the department. With respect to dealers of dogs, the requirements of this subchapter are in addition to the requirements under the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law.

(b) Application.--Application for a dealer's or hauler's license shall be made on a form furnished by the department. The form shall contain such information as the department may reasonably require to determine the applicant's identity, competency and eligibility.
3 Pa.C.S. § 2388 — PA Code / Title 3 / Chapter 23 / Section 2388
Exemption for governmental entities.
Status: in_force

All agencies or commissions of the Federal Government and the Commonwealth shall be exempt from the licensure requirements of Subchapters D (relating to dealers, agents and haulers of domestic animals or dead domestic animals), E (relating to disposal of dead domestic animals and animal waste) and G (relating to garbage feeding business).
3 Pa.C.S. § 4187.3 — PA Code / Title 3 / Chapter 41 / Section 4187.3
Automotive Fuel Testing and Disclosure Program.
Status: in_force

(a) Authorization.--The department may establish and implement the Automotive Fuel Testing and Disclosure Program to provide for the testing of automotive fuel on a random, unannounced basis.

(b) Duties of department.--The department may enforce the provisions of this subchapter and shall have the following authority:

(1) Take samples of automotive fuel for testing of its octane rating wherever it is offered or exposed for sale or use or sold by a retailer in this Commonwealth. When testing occurs, it shall be coordinated with the testing required for proper volumes of gasoline.

(2) Inspect and test on a random, unannounced basis and upon consumer complaint. If the octane rating of a tested automotive fuel does not match the octane rating as displayed on the fueling dispenser, the automotive fuel sample shall be tested in accordance with the methods of the ASTM or other test methods adopted by the FTC under the Petroleum Marketing Practices Act (Public Law 95-297, 15 U.S.C. § 2801 et seq.) to ensure that the motor fuel sample is in compliance with the motor fuel specifications of the ASTM.

(3) Maintain records of all inspections.

(4) Inspect the labeling of automotive fuel dispensers and storage tanks at retail businesses or locations where the products are sold or offered or exposed for sale or use.

(5) Enter into contractual agreements with qualified laboratories as a cost-saving measure for the purpose of analyzing automotive fuel samples, if the octane level of the automotive fuel is questioned.

(6) Promulgate regulations as necessary for the enforcement and administration of this subchapter. All regulations adopted by the FTC under the Petroleum Marketing Practices Act to govern the certification, disclosure, posting and labeling of automotive fuel before, on or after the effective date of this section are adopted as regulations in this Commonwealth and shall remain in effect unless subsequently modified by regulations promulgated by the department.

(c) Sealers of weight and measures.--

(1) The department may enter into agreements with any city or county for which a sealer has been appointed for the enforcement of provisions of this subchapter and of rules or regulations promulgated under this subchapter.

(2) The sealer of a city or county shall have the same authority and shall perform the same duties within the city or county as are granted to and imposed upon the department with respect to the inspection, testing and taking of automotive fuel samples.

(3) The agreement shall provide that any revenues generated pursuant to enforcement activities carried out by the sealer of the city or county shall be retained by the city or county.
3 Pa.C.S. § 706 — PA Code / Title 3 / Chapter 7 / Section 706
Noncriminal offense.
Status: in_force

An activity conducted in compliance with this chapter shall not be in violation of the laws of the Commonwealth including:

(1) The act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(2) 18 Pa.C.S. § 7508(a)(1) (relating to drug trafficking sentencing and penalties).

(3) Any other law of the Commonwealth regulating the growth or cultivation of industrial hemp.
3 Pa.C.S. § 4160 — PA Code / Title 3 / Chapter 41 / Section 4160
Sales by weight.
Status: in_force

Any commodity shall be duly weighed by a licensed weighmaster of this Commonwealth on accurate scales which are suitable for weighing the tare and gross weight of the vehicle or vehicle and trailer transporting the commodity and which are located in this Commonwealth and have been tested and approved by an official empowered by law to test the scales. Weighing shall

be done by a licensed weighmaster at the time of sale or delivery.
3 Pa.C.S. § 5730 — PA Code / Title 3 / Chapter 57 / Section 5730
Regulations to exempt certain labeling requirements.
Status: in_force

The department shall promulgate regulations exempting from any labeling requirement food which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed if the food is not adulterated or misbranded under this subchapter upon removal from the processing, labeling or repacking establishments.
3 Pa.C.S. § 1501 — PA Code / Title 3 / Chapter 15 / Section 1501
Scope of chapter.
Status: in_force

This chapter relates to controlled plants and noxious weeds.
3 Pa.C.S. § 6804 — PA Code / Title 3 / Chapter 68 / Section 6804
Components of fertilizer labeled for turf.
Status: in_force

(a) General rule.--Except as provided in subsection (b), fertilizer labeled for turf that is distributed to consumers in this Commonwealth shall:

(1) Consist of at least 20% enhanced efficiency nitrogen of the total nitrogen or as otherwise determined by the department, which determination shall be transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(2) Contain no phosphorus, unless the fertilizer is a natural organic or organic-based fertilizer.

(b) Exemptions.--

(1) Subsection (a) shall not apply when fertilizer is labeled for repairing a turf area or establishing a turf area for the first time.

(2) Subsection (a)(1) shall not apply to liquid fertilizers or readily available nitrogen fertilizers labeled for turf, if the directions for use are in accordance with the requirements of section 6813 (relating to application of fertilizer to turf).

(c) Additional requirements.--The department, through regulation, may establish additional requirements for fertilizer applied to turf.
3 Pa.C.S. § 1515 — PA Code / Title 3 / Chapter 15 / Section 1515
Prohibited acts.
Status: in_force

(a) General compliance.--It shall be a violation of this chapter to fail to comply with any provision of this chapter or any regulation, permit requirement or order established pursuant to this chapter.

(b) Noxious weeds.--Except as established in an individual permit allowing educational or research purposes, it shall be a violation of this chapter to distribute, cultivate or propagate any noxious weed within this Commonwealth.

(c) Controlled plants.--It shall be a violation of this chapter to research, market, hold, warehouse, retail, wholesale, transport, display, distribute, cultivate or propagate a controlled plant without a permit issued by the department.

(d) Abandonment.--It shall be a violation of this chapter for a person holding or required to hold or comply with a permit requirement of this chapter to abandon a noxious weed or controlled plant site or premises without first notifying the department and taking actions as are necessary or ordered by the department to remediate the site.

(e) Concealment or misrepresentation.--It shall be unlawful for a person to:

(1) conceal a noxious weed or controlled plant from inspection; or

(2) make a false declaration of acreage, square footage or any other information required to comply with the permit requirements of this chapter.
3 Pa.C.S. § 10702 — PA Code / Title 3 / Chapter 107 / Section 10702
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:

"Eligible project." A project that the department determines does one or more of the following:

(1) Improves agricultural infrastructure in an urban area.

(2) Improves or facilitates the aggregation of agricultural products in an urban area.

(3) Entails the sharing of resources among urban agricultural operations, agricultural producers or community organizations.

(4) Supports community or economic development in the project area.

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

"Program." The Urban Agricultural Infrastructure Grant Program established under this chapter.

(July 7, 2022, P.L.504, No.52, eff. imd.)
3 Pa.C.S. § 2373 — PA Code / Title 3 / Chapter 23 / Section 2373
Issuance of license.
Status: in_force

The department shall issue a license under this subchapter when all of the following are met:

(1) Approval of the application.

(2) Receipt of the appropriate license fee, if any is required.

(3) Inspection of the premises designated on the application as the place of business.

(4) Approval of the buildings, equipment and sanitary conditions.

(5) Such other requirements as the department may deem necessary.
3 Pa.C.S. § 6823 — PA Code / Title 3 / Chapter 68 / Section 6823
Inspection, sampling and analysis.
Status: in_force

(a) Authorization.--For purposes of enforcement of this chapter, the department or its agent may enter upon any public or private premises or carriers at reasonable times, including any vehicle being used to transport or hold fertilizer, as may be necessary to determine compliance with this chapter. The department may also:

(1) Have access for the purpose of inspecting any equipment subject to this chapter and the premises on which the equipment is kept or stored.

(2) Inspect and sample lands, plants or waterways actually or reported to be exposed to fertilizers.

(3) Inspect storage or disposal areas.

(4) Inspect or investigate complaints of injury to humans, animals, plants or the environment.

(5) Sample fertilizers being manufactured, processed, packed or held for distribution, being applied or to be applied.

(6) Have access to records relating to the manufacture, distribution, sale, storage and use of fertilizer.

(b) Inspection.--

(1) The department may conduct unannounced inspections, but shall give written notice to the owner or person in charge of the facility, warehouse, establishment, premises or vehicle at the time of inspection and sampling.

(2) A separate notice shall be given for each inspection, but a notice shall not be required for each entry made during the period covered by the inspection.

(c) Samples.--If an employee conducting an inspection obtains a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, the employee may, when possible, give to the owner, operator or agent in charge a receipt describing the samples obtained.

(d) Methodology.--

(1) The methods of fertilizer sampling and analysis by the department may include those methods adopted by the Association of Official Analytical Chemists International.

(2) In cases not covered by those methods or in cases where improved methods are available, the department may issue a temporary order defining the method to be utilized. The method defined in the temporary order shall be effective upon publication in the Pennsylvania Bulletin. The temporary order shall remain in effect for a period not to exceed one year, unless reissued or until the notice is promulgated as a regulation.

(e) Deficiency determination.--In determining whether a fertilizer is deficient in nutrients, the department shall be guided solely by the official sample obtained.

(f) Maintenance by official samples.--

(1) Official samples maintained by the department and that require imposition of a penalty for nutrient deficiency shall be retained for a minimum of 90 days from issuance of a fertilizer deficiency report or an official report of analysis.

(2) Upon request, the department shall furnish to the guarantor a portion of the official sample.

(3) Requests must be made within 30 days of receipt of a fertilizer deficiency report or an official report of analysis. Cross References. Section 6823 is referred to in section 6824 of this title.
3 Pa.C.S. § 4139 — PA Code / Title 3 / Chapter 41 / Section 4139
Construction of contracts.
Status: in_force

Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in sections 4102 (relating to definitions) and 4105 (relating to systems of weights and measures), and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement.
3 Pa.C.S. § 4170 — PA Code / Title 3 / Chapter 41 / Section 4170
Approval of types of weights and measures and weighing and measuring devices.
Status: in_force

The bureau is authorized to pass upon each type of weight and measure and weighing and measuring device manufactured, offered or exposed for sale or sold or given away for the use in trade or commerce or used in trade or commerce in this Commonwealth, and to approve or disapprove of each type. The bureau shall approve each type of weight and measure and weighing and measuring device submitted to it for approval by any person if such type is so designed and constructed that it conforms to or gives correct results in terms of standard weights or measures or in terms of values derived therefrom, and is reasonably permanent in its indication and adjustment, and does not facilitate the perpetration of fraud; otherwise, the bureau shall disapprove the same. Certificates of conformance issued under the National Type Evaluation Program (NTEP), as administered by the National Conference of Weights and Measures, shall be recognized by the bureau. The director of the bureau may require any weight or measure or any weighing or measuring instrument or device to be issued a certificate of conformance, as issued by the National Institute of Standards and Technology, prior to use for commercial or law enforcement purposes. Weighing and measuring devices sold within this Commonwealth and designed to calculate a service for a charge shall only be subject to provisions of this subchapter upon issuance of a rule or regulation by the department, specifically designating which services and types of devices would be subject to type approval by the bureau. When issuing such rules or regulations, the department may grandfather by exemption devices already installed and used for calculating a service.
3 Pa.C.S. § 9344 — PA Code / Title 3 / Chapter 93 / Section 9344
Intrastate simulcasting.
Status: in_force

(a) General rule.--The commission shall permit intrastate simulcasting of live horse racing between the licensed racing entities that conduct live racing.

(b) Simulcast signal.--The simulcast signal shall be encoded, and the racetrack receiving the simulcast signal may not send the signal anywhere other than a public location authorized under section 9329 (relating to interstate simulcasting).

(c) Forms of pari-mutuel wagering.--All forms of pari-mutuel wagering described in section 9335 (relating to pari-mutuel pool distribution) shall be allowed on a horse race to be simulcasted under this section.

(d) Regulations.--The commission may promulgate regulations on wagering and the operation of horse racing.

(e) Computation of money wagered.--The money wagered by a patron on a horse race must be computed in the amount of money wagered each racing day for purposes of taxation under section 9334 (relating to State Racing Fund and tax rate).

(f) Definition.--As used in this section, the term "racing day" consists of a minimum of eight live races, except at thoroughbred tracks on Breeders' Cup Event Day.
3 Pa.C.S. § 2385 — PA Code / Title 3 / Chapter 23 / Section 2385
Interference with officer or employee of department.
Status: in_force

A person who willfully or intentionally interferes with an employee or officer of the department in the performance of duties or activities authorized under this chapter commits a misdemeanor of the third degree and shall, upon conviction, be subject to a term of imprisonment of not more than one year or a fine of not more than $2,500, or both.
3 Pa.C.S. § 6828 — PA Code / Title 3 / Chapter 68 / Section 6828
Cooperation with other entities.
Status: in_force

The department may cooperate with and enter into agreement with governmental agencies of the Federal Government, agencies of this Commonwealth or another state to carry out the purpose and provisions of this chapter.
3 Pa.C.S. § 2351 — PA Code / Title 3 / Chapter 23 / Section 2351
General authority.
Status: in_force

The department shall have the authority and the duty to cause the sanitary and safe disposal of dead domestic animals, domestic animal products and domestic animal parts, tissues, excrement and other wastes to prevent the spread of transmissible diseases or dangerous transmissible diseases or the spread of contamination by hazardous substances. This subchapter shall not apply to the disposal of carcasses of domestic animals slaughtered for human food nor to the premises or the rendering operations on the premises of a licensed slaughter establishment subject to official Federal or State inspection, provided that such inspection includes inspection of the rendering operations.
3 Pa.C.S. § 7118 — PA Code / Title 3 / Chapter 71 / Section 7118
Unlawful conduct.
Status: in_force

It shall be unlawful to fail to comply with or to cause or assist in the violation of any order or any of the provisions of this chapter or the rules and regulations adopted under this chapter.
3 Pa.C.S. § 2375 — PA Code / Title 3 / Chapter 23 / Section 2375
Posting of license.
Status: in_force

Any person licensed under this section and operating a garbage feeding business shall post a copy of the license in a conspicuous place in or at the place of business.
3 Pa.C.S. § 2384 — PA Code / Title 3 / Chapter 23 / Section 2384
Disposition of fees, fines and civil penalties.
Status: in_force

All moneys derived from fees, fines and civil penalties collected or imposed under this chapter shall be paid into the State Treasury and shall be credited to the general government operations appropriation of the Department of Agriculture to administer the provisions of this chapter.
3 Pa.C.S. § 2311 — PA Code / Title 3 / Chapter 23 / Section 2311
General authority.
Status: in_force

The department shall have authority to impose requirements and methods for the identification of domestic animals owned, kept, possessed or transported within this Commonwealth. The department shall authorize and record the adoption and exclusive use of unique identification marks, numbers or devices, including distinctive branding marks, tattoos, microchips and other forms of identification that are affixed upon domestic animals, and shall maintain a registry of such forms of identification. The department may establish through regulations fees for the assignment, registry and exclusive use of forms of identification registered under this subchapter. Any regulations developed under this section shall not conflict with Federal regulations regarding the identification of domestic animals.
3 Pa.C.S. § 6909 — PA Code / Title 3 / Chapter 69 / Section 6909
Misbranding.
Status: in_force

No person shall distribute a misbranded soil amendment or plant amendment. A soil amendment or plant amendment shall be deemed to be misbranded if:

(1) its labeling is false or misleading in any particular manner;

(2) it is distributed under the name of another soil amendment or plant amendment product;

(3) it is not labeled as required in section 6905 (relating to labels and labeling) and in accordance with regulations prescribed under this chapter;

(4) it purports to be or is represented as a soil amendment or plant amendment or is represented as containing a soil amendment or plant amendment unless such soil amendment or plant amendment conforms to the definition of identity, if any, prescribed by regulation of the department; or

(5) it does not conform to ingredient form, minimums, labeling and tolerances prescribed by regulation.
3 Pa.C.S. § 1101 — PA Code / Title 3 / Chapter 11 / Section 1101
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:

"Animal housing facility." A roofed structure or facility, or a portion of the facility, used for occupation by livestock or poultry.

"APA 87-1." The American Pyrotechnics Association Standard 87-1: Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001 edition.

"Consumer fireworks."

(1) The term includes any combustible or explosive composition or any substance or combination of substances which is intended to produce visible or audible effects by combustion, is suitable for use by the public, complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and complies with the provisions for "consumer fireworks" as defined in APA 87-1, the sale, possession and use of which shall be permitted throughout this Commonwealth.

(2) The term does not include devices such as "ground and hand-held sparkling devices," "novelties" or "toy caps" in APA 87-1, the sale, possession and use of which shall be permitted at all times throughout this Commonwealth.

"Display fireworks." As defined in 27 CFR 555.11 (relating to meaning of terms).

"Municipality." A city, borough, incorporated town or township.

"NFPA 1124." (Deleted by amendment).

"Tax Reform Code." The act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

"Vehicle." Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability. (Nov. 1, 2023, P.L.159, No.23, eff. imd.) 2023 Amendment. Act 23 deleted the def. of "NFPA 1124."
3 Pa.C.S. § 503 — PA Code / Title 3 / Chapter 5 / Section 503
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:

"AEU." Animal equivalent unit.

"AEU per acre." An animal equivalent unit per acre of cropland or acre of land suitable for application of animal manure.

"Agricultural operations." The management and use of farming resources for the production of crops, livestock or poultry.

"Animal equivalent unit." One thousand pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit.

"Animal housing facility." A roofed structure or facility, or any portion thereof, used for occupation by livestock or poultry. "Best management practice" or "BMP." A practice or combination of practices determined by the commission to be effective and practicable (given technological, economic and institutional considerations) to manage nutrients to protect surface water and groundwater, taking into account applicable nutrient requirements for crop utilization. The term includes, but is not 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.

"Board." The Nutrient Management Advisory Board created by section 510 (relating to Nutrient Management Advisory Board).

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

"Concentrated animal feeding operation." An agricultural operation that meets the criteria established by the Department of Environmental Protection under authority of the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.

"Concentrated animal operation." Agricultural operations meeting the criteria established under this chapter.

"Conservation district." Any county conservation district established under the act of May 15, 1945 (P.L.547, No.217), known as the Conservation District Law.

"Cooperative extension." The Cooperative Extension Service of The Pennsylvania State University.

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

"Fund." The Nutrient Management Fund.

"Manure management facility." A manure storage facility, including a permanent structure or facility, or a portion of a

structure or facility, utilized for the primary purpose of containing manure. The term includes liquid manure structures, manure storage ponds, component reception pits and transfer pipes, containment structures built under a confinement building, permanent stacking and composting facilities and manure treatment facilities. The term does not include the animal confinement areas of poultry houses, horse stalls, free stall barns or bedded pack animal housing systems.

"Nutrient." A substance or recognized plant nutrient, element or compound which is used or sold for its plant nutritive content or its claimed nutritive value. The term includes, but is not limited to, livestock and poultry manures, compost as fertilizer, commercially manufactured chemical fertilizers, sewage sludge or combinations thereof.

"Nutrient management plan." A written site-specific plan which incorporates best management practices to manage the use of plant nutrients for crop production and water quality protection consistent with the criteria established in sections 504 (relating to powers and duties of commission) and 506 (relating to nutrient management plans).

"Nutrient management specialist." A person satisfying the certification requirements of section 508 (relating to nutrient management certification program and odor management certification program).

"Odor management plan." A written site-specific plan identifying the practices, technologies, standards and strategies to be implemented to manage the impact of odors generated from animal housing or manure management facilities located or to be located on the site.
3 Pa.C.S. § 7106 — PA Code / Title 3 / Chapter 71 / Section 7106
Other unlawful acts.
Status: in_force

It shall be unlawful for any person selling, offering or exposing seed for sale within this Commonwealth to:

(1) Detach, alter, deface or destroy any label provided for in this chapter or in the rules and regulations made and promulgated thereunder or to alter or substitute seed in a manner that may defeat the purposes of this chapter or conflict with the label.

(2) Disseminate any false or misleading advertisement or labeling concerning any seed subject to the provisions of this chapter in any manner or by any means.

(3) Hinder or obstruct in any way any authorized person in the performance of his duties under this chapter.

(4) Fail to comply with a stop-sale order.

(5) Offer or expose for sale any seed labeled with a test date (month and year) that does not agree with the actual date the test was performed.

(6) Use relabeling stickers without having both the calendar month and year the germination test was completed, the sell-by date as stated in section 7104 (relating to labels and labeling) and the lot number that matches the existing, original lot number. Relabeling of a seed lot using stickers may not occur more than once.

(7) Fail to comply with or to cause or assist in the violation of any order or any of the provisions of this chapter or the rules and regulations adopted under this chapter.
3 Pa.C.S. § 3109 — PA Code / Title 3 / Chapter 31 / Section 3109
Assistance from county conservation districts.
Status: in_force

The commission may, as it deems appropriate, delegate certain duties and responsibilities under this chapter to county conservation districts that are willing to enter into an agreement to carry out these duties and responsibilities.
3 Pa.C.S. § 4178 — PA Code / Title 3 / Chapter 41 / Section 4178
Fees.
Status: in_force

The Department of General Services shall charge and collect fees for actual metrology laboratory calibration, type evaluation and any other testing services which may be rendered. The department shall establish and alter these fees by regulation. Agencies of this Commonwealth shall be exempt from the fee requirements of this section. A city or county which is required to procure standards of weights and measures and any additional equipment in accordance with section 4123 (relating to city and county standards and equipment) to enforce the provisions of this chapter shall be exempt from the fee requirements of this section with respect to the calibration, evaluation or other testing of those standards and equipment.
3 Pa.C.S. § 6504 — PA Code / Title 3 / Chapter 65 / Section 6504
Certification of employees.
Status: in_force

(a) General rule.--A retail food facility shall have at least one employee who holds a valid certificate present at the retail food facility or immediately accessible at all hours of operation and who is the person in charge of the retail food facility when physically present and on duty.

(a.1) Multiple retail food facilities.--

(1) Except as provided under paragraph (2), a person who meets the requirements of subsection (a) may only be the required certified employee for a single retail food facility.

(2) If a proprietor operates more than one retail food facility at a temporary fair, festival or other temporary event, a person who meets the requirements of subsection (a) may be the certified employee for all of those temporary retail food establishments.

(a.2) Federal recommended standards.--Notwithstanding this chapter, if, after the effective date of this subsection, the Food Code published by the United States Department of Health, Food and Drug Administration, recommends that a person in charge hold a certificate or recommends that a certificate holder with supervisory authority be present during hours of operation at a retail food facility, the department shall, by regulation, establish this recommended standard as the standard for retail food facilities.

(b) (Reserved).

(c) Compliance.--

(1) (Reserved).

(2) A retail food facility exempt under section 6510(d) (relating to exemptions) may voluntarily seek certification under this section.

(3) Except as provided in section 6510, compliance with this chapter by a retail food facility shall be mandatory.

(d) Employee turnover.--Retail food facilities which are not in compliance because of employee turnover or other loss of certified employees shall have three months from the date of loss of certified employees to comply.

(e) Maintenance and inspection of records.--Names and certificate numbers of certified employees shall be maintained at the place of business and shall be made available to and shall be inspected by:

(1) the department for retail food facilities that are licensed under Subchapter A of Chapter 57 (relating to retail food facility safety) by the department; or

(2) the licensor for retail food facilities that are licensed under Subchapter A of Chapter 57 by a licensor that is not the department.

(f) Period of certification.--Certification shall be in effect for the certification interval prescribed by the accredited certification program described in section 6503(c) (relating to certification programs). Renewal of certification shall be based on the successful completion of the certification requirements of an accredited certification program as described in section 6503(c).

(g) (Reserved).

(h) (Reserved). (Dec. 20, 2000, P.L.934, No.124, eff. 60 days; Dec. 9, 2002, P.L.1495, No.190, eff. imd.; Nov. 23, 2010, P.L.1039, No.106, eff. 60 days) Cross References. Section 6504 is referred to in section 6510 of this title.
3 Pa.C.S. § 2101 — PA Code / Title 3 / Chapter 21 / Section 2101
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Bee Law.
3 Pa.C.S. § 6 — PA Code / Title 3 / Chapter 6 / Section 6
Continuation of prior law.
Status: in_force

The addition of 3 Pa.C.S. Ch. 93 is a continuation of
3 Pa.C.S. § 5107 — PA Code / Title 3 / Chapter 51 / Section 5107
Misbranding.
Status: in_force

No person shall distribute misbranded feed. A commercial feed or customer-formula feed shall be deemed to be misbranded if it meets any of the following criteria:

(1) Its labeling is false or misleading in any particular.

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

(3) It is not labeled as required in section 5104 (relating to labeling) and in regulations prescribed under this chapter.

(4) It purports to be or is represented as a feed ingredient or it purports to contain or is represented as containing a feed ingredient unless the feed ingredient conforms to the definition of identity, if any, prescribed by regulation of the department. In adopting such regulation, the department shall give due regard to commonly accepted definitions such as those issued by the Association of American Feed Control Officials.

(5) Any word, statement or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.