3 Pa.C.S. § 5722 — PA Code / Title 3 / Chapter 57 / Section 5722
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:

"Color additive." A material which is a dye, pigment or other substance made by a process of synthesis or similar artifice or extracted, isolated or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral or other source and when added or applied to a food is capable, alone or through reaction with other substances, of imparting color thereto. The term includes black, white and intermediate grays. The term does not include:

(1) Any material which the Secretary of Agriculture, by regulation, determines is used or intended to be used solely for a purpose or purposes other than coloring.

(2) Any pesticide chemical, soil or plant nutrient or other agricultural chemical solely because of its effect in aiding, retarding or otherwise affecting, directly or indirectly, the growth or other natural physiological process of produce of the soil and thereby affecting its color, whether before or after harvest.

"Federal acts." The Wholesome Meat Act (Public Law 90-201, 21 U.S.C. § 601 et seq.), the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.), the Poultry Products Inspection Act (Public Law 85-172, 21 U.S.C. § 451 et seq.), the Fair Packaging and Labeling Act (Public Law 89-755, 15 U.S.C. § 1451 et seq.), the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat. 163, 7 U.S.C. § 136 et seq.) and the Nutrition Labeling and Education Act of 1990 (Public Law 101-535, 104 Stat. 2353).

"Food." An article used for food or drink by humans, including chewing gum and articles used for components of any article. The term does not include medicines and drugs.

"Food additive." A substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food if the substance is not generally recognized among experts qualified by scientific training and expertise to evaluate its safety, as having been adequately shown through scientific procedures or, in the case of a substance used in food prior to January 1, 1958, through either scientific procedures or experience based on common use in food to be safe under the conditions of its intended use. The term does not include the following:

(1) A pesticide chemical in or on a raw agricultural commodity.

(2) A pesticide chemical to the extent that it is intended for use or is used in the production, storage or transportation of any raw agricultural commodity.

(3) A color additive.

(4) Any substance used in accordance with a sanction or approval granted prior to the enactment of this paragraph pursuant to a statute repealed by this act, pursuant to the Poultry Products Inspection Act (Public Law 85-172, 21 U.S.C. § 451 et seq.) or pursuant to the Wholesome Meat Act (Public Law 90-201, 21 U.S.C. § 601 et seq.).

(5) A new animal drug. As used in this definition, the term "substance" includes any substance intended for use in producing, manufacturing, packaging, processing, preparing, treating, transporting or holding food and any source of radiation intended for any use.

"Food establishment." A room, building or place or portion thereof or vehicle maintained, used or operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, baking, canning, freezing, packing or otherwise preparing, transporting or handling food. The term excludes retail food facilities, retail food establishments and public eating and drinking places and those portions of establishments operating exclusively under milk or milk products permits.

"Imitation food." A food that is a substitute for and resembles another food but is nutritionally inferior to that food.

"Label." A display of written, printed or graphic matter upon the immediate container of any food. The term "immediate container" does not include package liners.

"Labeling." All labels and other written, printed or graphic matter upon a food or any of its containers or wrappings.

"Package." Any container or wrapping in which food is enclosed for delivery or display to retail purchasers. The term does not include the following:

(1) Shipping containers or wrappings for the transportation of food in bulk or quantity to manufacturers, packers or processors or to wholesale or retail distributors.

(2) Shipping containers or wrappings used by retailers to ship or deliver food to retail customers, if the containers or wrappings bear no printed matter pertaining to food.

(3) Containers used for tray pack displays in retail establishments.

(4) Transparent containers or wrappings which do not bear written, printed or graphic matter which obscures information required to be displayed on the label.

"Pesticide chemical." A substance used in the production, storage or transportation of raw agricultural commodities which, alone or in chemical combination or formulation with one or more other substances, is a pesticide within the meaning of the act of March 1, 1974 (P.L.90, No.24), known as the Pennsylvania Pesticide Control Act of 1973.

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

"Principal display panel." A part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale and is large enough to accommodate all the mandatory information required to be placed on the label.

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

"Raw agricultural commodity." A food in its raw or natural state, including all fruits which are washed, colored or

otherwise treated in their unpeeled, natural form prior to marketing.

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

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

"Secretary." Includes an authorized representative, employee or agent of the Department of Agriculture. Cross References. Section 5722 is referred to in sections 5702, 5733, 6502 of this title.
3 Pa.C.S. § 4181 — PA Code / Title 3 / Chapter 41 / Section 4181
Small deliveries.
Status: in_force

Fuel oil deliveries of 50 gallons or less may be delivered without being metered, provided that the delivery be made in standard measures of not less than five gallons capacity and provided further that only such measures as approved by
3 Pa.C.S. § 1518 — PA Code / Title 3 / Chapter 15 / Section 1518
Compliance with orders.
Status: in_force

(a) General rule.--A person subject to a control order issued under section 1517 (relating to control orders) shall

comply with the control order within the time frame specified in the control order or, if appealed, the time frame established in the final adjudication of the secretary. The cost of the treatment measures shall be borne by the person subject to the control order.

(b) Notice and duty of municipality.--

(1) If the person subject to the control order fails to comply with the control order, the department shall notify that person and the municipality within which the person resides or where the person's property is located by certified mail. After receipt of the notice, the appropriate officials of the municipality shall take the necessary steps to carry out the treatment measures established in the control order within the time frame specified in the notification by the department.

(2) A municipality which acts to control a noxious weed or controlled plant on a noncomplying person's property may recover the expenses and costs incurred by the municipality in carrying out the treatment measures established in the control order from the person who is the subject of the department's control order.
3 Pa.C.S. § 2503 — PA Code / Title 3 / Chapter 25 / Section 2503
Administration.
Status: in_force

The department shall do all of the following:

(1) Access the Department of Health's aggregate data reports and other information relating to the occurrence of zoonotic diseases.

(2) In consultation with the Department of Health, promote public education and physician awareness of the risk, and the sanitation standards necessary to minimize the risk, of contracting a zoonotic disease. The primary emphasis of this paragraph shall be the need to cleanse hands after contact with animals to reduce the risk of contracting a zoonotic disease.

(3) Promulgate regulations necessary to administer this chapter.

(4) Implement and enforce this chapter.
3 Pa.C.S. § 7114 — PA Code / Title 3 / Chapter 71 / Section 7114
Seizure and condemnation.
Status: in_force

A lot of seed 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 seed be ordered by the department without first giving the claimant an opportunity for a hearing as provided for in section 7115 (relating to appeal process) or for opportunity to apply for permission to process or relabel the seed to bring it into compliance with this chapter.
3 Pa.C.S. § 5711 — PA Code / Title 3 / Chapter 57 / Section 5711
Toilets, sinks and drains.
Status: in_force

All toilets, hand-wash sinks, tubs, sinks and drains used in or in connection with any retail food facility shall at all times be kept in a clean and sanitary condition.
3 Pa.C.S. § 2380.1 — PA Code / Title 3 / Chapter 23 / Section 2380.1
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:

"Applicant." A person applying for a license.

"Cervid." Any member of the Cervidae family and any hybrid.

"Cervidae livestock family." Members of the Cervidae family including deer, elk, moose, reindeer, caribou and hybrids of these animals owned and maintained by a licensee under this subchapter. The term also includes the germ plasm, embryos and fertile ova of these animals.

"Cervidae livestock operation." A normal agricultural operation which contains behind fences privately owned members of the Cervidae livestock family involved in the production, growing, breeding, using, harvesting, transporting, exporting, importing or marketing of Cervidae species or Cervidae products. The term does not include an animal slaughter facility regulated under Subchapter F (relating to slaughter and processing of domestic animals) or a menagerie permitted under 34 Pa.C.S. § 2964 (relating to menagerie permits).

"Harvesting." Any lethal or nonlethal means of collecting cervids or products from cervids on Cervidae livestock operations.

"License." A license issued by the Department of Agriculture to operate a Cervidae livestock operation.

"Licensee." A person that holds a license.

"Normal agricultural operation." As defined under section 2 of the act of June 10, 1982 (P.L.454, No.133), entitled "An Act protecting agricultural operations from nuisance suits and ordinances under certain circumstances." (June 29, 2006, P.L.206, No.51, eff. 60 days) 2006 Amendment. Act 51 amended the def. of "license" and added the defs. of "cervid," "cervidae livestock family," "cervidae livestock operation," "harvesting" and "normal agricultural operation." See the preamble to Act 51 in the appendix to this title for special provisions relating to legislative intent.
3 Pa.C.S. § 2707 — PA Code / Title 3 / Chapter 27 / Section 2707
Reporting.
Status: in_force

A person registered under this chapter shall report an unmarked Convention on International Trade in Endangered Species or threatened or endangered special specimen to the proper authority within 72 hours of receiving notice of the specimen.
3 Pa.C.S. § 1561 — PA Code / Title 3 / Chapter 15 / Section 1561
Disposition of funds.
Status: in_force

(a) Plant Pest Management Account.--Money received from permitting fees, control work reimbursement, fines and penalties under this chapter shall be paid into the Plant Pest Management Account.

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

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

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

(3) Gifts and other contributions from public or private sources for purposes of this chapter.
3 Pa.C.S. § 3104 — PA Code / Title 3 / Chapter 31 / Section 3104
Application guidelines.
Status: in_force

The commission shall establish guidelines for the approval of applications for eligible projects under the program.
3 Pa.C.S. § 2380.4 — PA Code / Title 3 / Chapter 23 / Section 2380.4
Issuance.
Status: in_force

(a) Inspection.--The department shall inspect the premises of and investigate each applicant. An inspection under this subsection may be made by the department or an agent of the department, including a licensed doctor of veterinary medicine accredited by the department.

(b) Issuance.--Subject to subsection (c)(3), the department shall issue a license if it determines, after inspection of the premises and investigation of the applicant, all of the following:

(1) The premises, including fences, buildings, equipment and sanitary conditions, comply with this subchapter and regulations of the department under this subchapter.

(2) The applicant is able to conduct a Cervidae livestock operation in compliance with this subchapter and regulations of the department under this subchapter.

(c) Provisional license.--

(1) A Cervidae livestock operation which is in operation on the effective date of this subsection but which was not, prior to the effective date of this subsection, subject to licensure shall be granted a provisional license.

(2) Within one year of the effective date of this subsection, the department shall, for each provisional licensee:

(i) perform the investigation and inspection under this section; and

(ii) either issue a license or deny the application.

(3) If the department does not comply with the time requirement under paragraph (2) for a license application by a provisional licensee, a license shall be deemed to be issued. (June 29, 2006, P.L.206, No.51, eff. 60 days) 2006 Amendment. See the preamble to Act 51 in the appendix to this title for special provisions relating to legislative intent. Cross References. Section 2380.4 is referred to in section 2380.5 of this title.
3 Pa.C.S. § 4137 — PA Code / Title 3 / Chapter 41 / Section 4137
Flour, cornmeal and hominy grits.
Status: in_force

(a) Increments of weight.--When in package form and when packed, kept, offered or exposed for sale or sold, wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, cornmeal and hominy grits shall be packaged only in units of 3, 5, 10, 25, 50 or 100 pounds of avoirdupois weight.

(b) Small packages.--Packages in units of less than three pounds or more than 100 pounds shall be permitted.
3 Pa.C.S. § 10501 — PA Code / Title 3 / Chapter 105 / Section 10501
Declaration of purpose.
Status: in_force

The purpose of this chapter is to enhance, but not replace, the Federal Specialty Crop Block Grant Program by establishing a Commonwealth Specialty Crop Block Grant Program to give priority to specialty crops that are not currently eligible for grant payments under the Federal Specialty Crop Block Grant Program. Funding will assist the growth, certification of seed and marketing of high-priority specialty crops, as defined by the secretary under this chapter.
3 Pa.C.S. § 904 — PA Code / Title 3 / Chapter 9 / Section 904
Duties.
Status: in_force

The commission shall review and make recommendations to promote and strengthen the Commonwealth's dairy industry in the following areas:

(1) Processing, production and marketing in the dairy industry.

(2) Current issues facing the dairy industry.

(3) Statutory impacts on the dairy industry.

(4) Regulatory impacts on the dairy industry.

(5) Local government impacts on the dairy industry.

(6) Other aspects of the dairy industry identified by the commission.
3 Pa.C.S. § 11104 — PA Code / Title 3 / Chapter 111 / Section 11104
Eligible disaster funding.
Status: in_force

Purposes for which money from the account may be used by the department shall include, but are not limited to, the following:

(1) To mitigate, contain, control, eradicate, prevent or limit the spread of any of the following if the secretary determines any of the following poses an immediate danger to public or animal health, food safety or economic well-being in this Commonwealth:

(i) Transmissible disease.

(ii) Hazardous substance contamination.

(iii) Plant pests.

(iv) Invasive species.

(v) Plant diseases.

(vi) Noxious weeds.

(vii) Controlled plants.

(viii) Foodborne illness.

(2) To assist in providing transportation of livestock feed from a commercial feed establishment in the event of a disaster declaration issued by the Governor that includes the department.

(3) To make grants for and acquire data regarding any item under paragraph (1). No more than $100,000 may be used for this purpose in a year.

(4) To provide additional financial assistance as may be requested in a declaration of disaster issued by the Governor that includes the department.

(5) To provide up to $250,000 annually to animal response teams recognized and approved by the Pennsylvania Emergency Management Agency for planning, developing and maintaining animal response and rescue capabilities consistent with standards and guidelines established by the agency in conjunction with the department.
3 Pa.C.S. § 4617 — PA Code / Title 3 / Chapter 46 / Section 4617
Civil penalties.
Status: in_force

In addition to any other remedy available at law or in equity for a violation of a provision of this chapter or a trademark license agreement established under this chapter, the department may assess a civil penalty upon the person responsible for the violation. The civil penalty assessed shall not exceed $10,000 and shall be payable to the Commonwealth and collectible in any manner provided under law for the collection of debt. (July 1, 2019, P.L.255, No.36, eff. 60 days) 2019 Amendment. Act 36 renumbered former section 4609 to present section 4617. Cross References. Section 4617 is referred to in sections 4616, 4618 of this title.
3 Pa.C.S. § 7107 — PA Code / Title 3 / Chapter 71 / Section 7107
Nonseeding and conditioning seed.
Status: in_force

The provisions of section 7104 (relating to labels and labeling) shall not apply to potatoes or grain not intended for seeding purposes or to seed in storage in or being transported or consigned to a seed cleaning or conditioning establishment for cleaning or conditioning if:

(1) the invoice or labeling accompanying any shipment of the seed bears the statement "seed for conditioning"; and

(2) any labeling, advertisement or other representation which may be made with respect to such unclean or unprocessed seed complies with the provisions of this chapter.
3 Pa.C.S. § 6510 — PA Code / Title 3 / Chapter 65 / Section 6510
Exemptions.
Status: in_force

(a) Prepackaged food.--

(1) Retail food facilities where only commercially prepackaged food is handled and sold are exempt from this chapter.

(2) Retail food facilities that handle and sell food other than commercially prepackaged food are exempt from this chapter during time periods or work shifts when only commercially prepackaged food is sold.

(b) Nonpotentially hazardous food.--

(1) Retail food facilities that handle only nonpotentially hazardous food are exempt from this chapter.

(2) Retail food facilities that handle and sell potentially hazardous food are exempt from this chapter during time periods or work shifts when only nonpotentially hazardous food is handled and sold.

(c) Food establishments.--Food establishments are exempt from this chapter.

(d) Exempt retail food facilities.--Except as set forth in section 6504(c)(2) (relating to certification of employees), the following retail food facilities are exempt from this chapter:

(1) A retail food facility managed by an organization which is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)).

(2) A retail food facility managed on a not-for-profit basis by an organization which is a volunteer fire company or an ambulance, religious, charitable, fraternal, veterans, civic, agricultural fair or agricultural association or any separately chartered auxiliary of any of the above associations.

(3) A retail food facility managed by an organization which is established to promote and encourage participation and support for extracurricular recreational activities for youth of primary and secondary public, private and parochial school systems on a not-for-profit basis. This paragraph does not apply to organized camps. (Dec. 20, 2000, P.L.934, No.124, eff. 60 days; Nov. 23, 2010, P.L.1039, No.106, eff. 60 days) Cross References. Section 6510 is referred to in section 6504 of this title.
3 Pa.C.S. § 2108 — PA Code / Title 3 / Chapter 21 / Section 2108
Infected shipments.
Status: in_force

Infected shipments, apiaries where the existing disease cannot be successfully treated and apiaries which are affected by disease amenable to treatment but which have not been treated within a period of 14 days after the owner thereof has received notice of the necessary treatment are hereby declared to be a public nuisance and a menace to the community, and the director of the bureau or his authorized agent may destroy by burning or otherwise, without any remuneration to the owner, any infected bees, hives, honey or appliances found therein.
3 Pa.C.S. § 5727 — PA Code / Title 3 / Chapter 57 / Section 5727
Temporary permits.
Status: in_force

Temporary permits granted by Federal agencies for interstate shipment of experimental packs of food varying from the requirements of definitions and standards of identity in Federal acts shall be effective in this Commonwealth under the conditions provided in the permits. The secretary may issue intrastate permits where they are necessary to the completion of an investigation and where the interests of consumers are safeguarded for foods not complying with definitions, standards of identity and State laws and regulations. The permits shall be for a period not to exceed one year, although the permit may be extended for a period of up to one additional year if a new standard of identity has been applied for under section 5733 (relating to rules and regulations). The secretary may revoke a permit after notice to the affected party if the application contains misleading statements or if the secretary determines that unfair competitive advantage is gained through the issuance of the permit or that the need no longer exists for the permit.
3 Pa.C.S. § 709 — PA Code / Title 3 / Chapter 7 / Section 709
Abrogation of regulation.
Status: in_force

The provisions of 7 Pa. Code § 110.1(1) (relating to noxious weed control list) are abrogated.
3 Pa.C.S. § 701 — PA Code / Title 3 / Chapter 7 / Section 701
Scope of chapter.
Status: in_force

This chapter relates to industrial hemp research.
3 Pa.C.S. § 6906 — PA Code / Title 3 / Chapter 69 / Section 6906
Inspection fees.
Status: in_force

(a) Amounts.--

(1) The guarantor whose name appears on the label of a soil amendment or plant amendment distributed in this Commonwealth shall pay semiannually and not later than January 31 and July 31 of each year an inspection fee at the rate of 15¢ per ton. In no case shall the inspection fee paid semiannually amount to less than $25.

(2) (Deleted by amendment).

(3) (Deleted by amendment).

(b) Adjustment to fees by secretary.--

(1) Notwithstanding the provisions of subsection (a), if the secretary determines following notice to the registrants and licensees that moneys derived from the registration and inspection fees are either greater or less than that required to administer this chapter, the secretary may reduce or increase the inspection fee so as to maintain revenues sufficient to administer this chapter.

(2) An inspection fee so established may not be changed by more than 2¢ in one year and may not exceed 25¢ per ton.

(3) The secretary shall announce the adjustment of fees by publishing a notice in the Pennsylvania Bulletin. The adjusted fees shall take effect 60 days after publication of such notice in the Pennsylvania Bulletin.

(c) Exemption.--The guarantor shall not be required to pay an inspection fee under this section for a product that was subject to an inspection fee under section 6806 (relating to inspection fees). (Nov. 21, 2023, P.L.179, No.30, eff. imd.) 2023 Amendment. Act 30 added subsec. (c) and deleted subsec.

(a)(2) and (3).
3 Pa.C.S. § 4505 — PA Code / Title 3 / Chapter 45 / Section 4505
Provisions of marketing programs.
Status: in_force

Subject to the legislative restrictions and limitations set forth in this chapter, any marketing program issued by the secretary pursuant to this chapter may contain any or all of the following provisions:

(1) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for agricultural commodities grown or produced in this Commonwealth. Plans shall be directed toward increasing the sale of such commodities without reference to any particular firm's or individual's brand or trade name. No advertising or sales promotion program shall be issued by the secretary which shall make use of false or unwarranted claims on behalf of any product or disparage the quality, value, sale or use of any other agricultural commodity.

(2) Provisions for the establishment of research programs designed to benefit producers or for agriculture in general.

(3) Provisions establishing or providing authority for establishing an information and service program designed to

acquaint producers and other interested persons with quality standards and quality improvements.

(4) Provisions allowing the secretary and the commodity marketing board to cooperate with any other state or Federal agency or other organization whose activities may be deemed beneficial to the purpose of this chapter.

(5) Provision may be made in the program to exempt or allow suitable adjustments or credits in connection with an agricultural commodity on which a mandatory checkoff for market development is required under the authority of any Federal law.
3 Pa.C.S. § 2115 — PA Code / Title 3 / Chapter 21 / Section 2115
Injunctions.
Status: in_force

The Attorney General at the request of the department may initiate in the Commonwealth Court or the court of common pleas of the county in which the defendant resides or has a place of business an action in equity for an injunction to restrain any violation of this chapter or any order or regulation promulgated under this chapter. The Commonwealth shall not be required to furnish a bond or other security in connection with this proceeding.
3 Pa.C.S. § 9339 — PA Code / Title 3 / Chapter 93 / Section 9339
Hearing.
Status: in_force

An applicant, licensee or other person whose application has been denied or whose license has been suspended, revoked or not renewed may request a hearing before the commission. 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) shall apply, unless superseded by the commission's administrative regulations.
3 Pa.C.S. § 2302 — PA Code / Title 3 / Chapter 23 / Section 2302
Finding, policy and purpose.
Status: in_force

The General Assembly finds that animal health is of major economic interest in this Commonwealth. It is the declared policy of the Commonwealth to assure the health and welfare of animals kept in captivity, to prevent and control diseases and dangerous substances that may threaten the safety of animals and humans and to provide for desirable management practices for the production, keeping and use of domestic animals. It is the purpose of this chapter to give the department authority to implement this policy.
3 Pa.C.S. § 9351 — PA Code / Title 3 / Chapter 93 / Section 9351
General license requirements.
Status: in_force

(a) New application.--A licensed racing entity or secondary pari-mutuel organization seeking to offer electronic wagering to individuals within this Commonwealth must apply to the commission for a license by submitting a completed license application. Except for a licensed racing entity, the license shall take effect and the secondary pari-mutuel organization may begin operations after approval by the commission.

(a.1) Application.--A totalisator service provider or racing vendor, as determined by the commission, seeking to provide those services within this Commonwealth must apply to the commission for a license by submitting a completed application.

(b) Renewal applications.--

(1) A license for a totalisator or racing vendor must be renewed annually in accordance with this chapter.

(2) An electronic wagering license issued to a licensed racing entity or a secondary pari-mutuel organization shall be renewed annually. An electronic wagering renewal application shall be submitted on or before 120 days before the expiration of the license term. If the application is approved by the commission, the license renewal shall take effect January 1.

Cross References. Section 9351 is referred to in section 9352 of this title.
3 Pa.C.S. § 7111 — PA Code / Title 3 / Chapter 71 / Section 7111
Powers and duties of secretary and department.
Status: in_force

(a) General rule.--The department is hereby authorized and empowered to enforce all the provisions of this chapter and shall have power to prescribe, modify and enforce such reasonable rules, regulations, standards, tolerances and orders as in the judgment of the secretary shall be necessary to carry out the provisions of this chapter.

(b) Powers and duties of department.--The department, in carrying out the provisions of this chapter, shall have the authority to:

(1) Enter upon any public or private premises or carriers during regular business hours in order to have access to seed subject to provisions of this chapter and the records relating to this chapter.

(2) Sample, inspect, make analysis of and test seeds subject to the provisions of this chapter that are transported, sold, offered or exposed for sale within this Commonwealth, at such time and place and to such extent as may be deemed necessary to determine whether the seeds are in compliance with the provisions of this chapter.

(3) Issue and enforce a written or printed stop-sale order to the distributor, owner or custodian of any lot of seed which may be found in violation of any of the provisions of this chapter in order to prohibit further sale of such seed until the department has determined this chapter has been complied with. With respect to seeds which have been subject to a stop-sale order as provided in this paragraph, the distributor, owner or custodian of such seeds shall have the right to appeal as provided for in section 7115 (relating to appeal process).

(4) Upon request by the distributor, owner or custodian of seeds held under a stop-sale order, issue a written permit for the sale of such seeds for feed or for the purpose of conditioning.

(5) Establish and maintain seed testing facilities, to employ qualified persons and to incur such expenses as may be necessary to carry out the provisions of this chapter.

(6) Make purity and germination tests of seeds and other tests of seeds on request and to prescribe rules and regulations governing such testing.

(7) Require that each person whose name appears on the label or labeling of seeds subject to the provisions of this chapter keep for a period of two years complete records of each lot of seed handled and keep for one year a file sample of each lot of seed after final disposition of each lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the secretary or his agent during regular business hours.

(8) Publish in bulletins or reports any and all information obtained from tests or analyses made under the provisions of this chapter which the secretary may deem

proper for publication in the interest of the public, including the names and addresses of any person who has sold, offered for sale or exposed for sale any seeds subject to the provisions of this chapter so tested or analyzed. The secretary shall not publish the name or address of any citizen who shall have submitted samples of seeds for test or analysis but who has not sold, offered for sale or exposed for sale any such seeds.

(9) Establish by regulation lists of prohibited noxious weed seeds, restricted noxious weed seeds and undesirable grass seeds. By regulation, seeds of any plants may be added to or subtracted from these lists.

(c) Delegation.--The department may delegate any powers and duties under this chapter to any employee, agent or inspector.
3 Pa.C.S. § 9314 — PA Code / Title 3 / Chapter 93 / Section 9314
Location.
Status: in_force

After January 1, 2017, a licensed racing entity shall conduct a horse race meeting at the location designated and approved by the commission.
3 Pa.C.S. § 4187.4 — PA Code / Title 3 / Chapter 41 / Section 4187.4
Standards for automotive fuel.
Status: in_force

(a) Adoption of standards.--The department shall adopt the latest standards for automotive spark ignition engines based on the latest standards of the ASTM as determined by the FTC. The standards shall be published as a notice in the Pennsylvania Bulletin.

(b) Automotive fuel.--Automotive fuel sold, offered or exposed for sale or stored or held for distribution in this Commonwealth shall comply with all of the following:

(1) Volatility requirements promulgated by the EPA under 40 CFR Pt. 80 (relating to regulation of fuels and fuel additives) or any supplement thereto or revisions thereof.

(2) The Uniform Engine Fuels, Petroleum Products and Automotive Lubricants Regulation as adopted by the National Conference on Weights and Measures in the National Institute of Standards and Technology Handbook 130 and any supplements and revisions of the regulation.

(b.1) Vapor pressure specifications.--The department may, by publication of notice in the Pennsylvania Bulletin, adopt vapor pressure specifications for gasoline ethanol blends which shall remain in effect until the ASTM adopts such specifications, at which point the ASTM vapor pressure specifications shall apply. A notice published prior to the effective date of this subsection shall be deemed effective as of the date of publication.

(c) Records and compliance review.--Each distributor, producer or retailer who distributes, produces, blends, transports, stores, sells or offers or exposes for sale automotive fuel in this Commonwealth shall maintain for one year original copies of all bills, manifests, delivery tickets and invoices for the purpose of compliance review. (July 8, 2016, P.L.522, No.80, eff imd.) 2016 Amendment. Act 80 added subsec. (b.1). Cross References. Section 4187.4 is referred to in sections 4187.6, 4187.7 of this title.
3 Pa.C.S. § 5732 — PA Code / Title 3 / Chapter 57 / Section 5732
Inspection, sampling and analysis.
Status: in_force

(a) Inspection.--For purposes of enforcement of this subchapter, the secretary is authorized, upon presenting appropriate credentials to the owner, operator or agent in charge:

(1) To enter at reasonable times any factory, warehouse or food establishment in which food is or was manufactured, processed, packed or held for introduction into commerce or to enter any vehicle used to transport or hold the food in commerce.

(2) To inspect at reasonable times, within reasonable limits and in a reasonable manner, the factory, warehouse, food establishment or vehicle and all pertinent materials, containers and labeling and to obtain samples necessary to administer this subchapter.

(3) To have access to and to copy all records of carriers showing the movement in commerce of any food or the holding thereof during or after the movement, and the quantity, shipper and consignee thereof, if the secretary

has probable cause to believe that the movement or holding of food is in violation of this subchapter or department regulations.

(b) Report of inspection.--Upon completion of an inspection of a factory, warehouse or other food establishment and prior to leaving the premises, the secretary shall give to the owner, operator or agent in charge a written report of the findings of the inspection.

(b.1) Interagency coordination.--The department shall share inspection reports or tests results that indicate human illness related to food consumption or food handling practices, or to other threats to the safety of the food supply, with the Department of Health, the Department of Environmental Protection or any other Commonwealth agency as necessary to develop a comprehensive, coordinated interagency approach to protecting public health and safeguarding the food supply.

(c) Collection of samples.--During an inspection of a factory or other food establishment where food is manufactured, processed, packed, stored or offered for sale, the secretary may obtain a sample of any food for such analysis as is necessary to determine compliance with this subchapter.

(d) Receipt for samples.--If the secretary has obtained any sample in the course of the inspection, the secretary shall, upon completion of the inspection and prior to leaving the premises, give to the owner, operator or agent in charge a receipt describing the sample obtained.

(e) Payment of samples.--The food establishment from which samples are collected may bill the secretary for the fair market value of the samples. Cross References. Section 5732 is referred to in section 5723 of this title.
3 Pa.C.S. § 9316 — PA Code / Title 3 / Chapter 93 / Section 9316
Department of Revenue.
Status: in_force

The Department of Revenue shall provide financial administration of pari-mutuel wagering under this chapter in accordance with Department of Revenue regulations and regulations of the commission. The Department of Revenue shall prescribe the form and system of accounting to be used by licensed racing entities and may access and examine records, equipment and other information relating to pari-mutuel wagering.
3 Pa.C.S. § 4702 — PA Code / Title 3 / Chapter 47 / Section 4702
Purpose of chapter.
Status: in_force

The purpose of this chapter is to establish a program within the department to encourage producers of agricultural commodities to purchase Federal crop insurance and adopt risk management practices and to provide crop insurance financial assistance, subject to the availability of funding, to eligible producers for crop insurance premium costs.
3 Pa.C.S. § 607 — PA Code / Title 3 / Chapter 6 / Section 607
Funding cap.
Status: in_force

The aggregate amount of Agriculture-Linked Investment loans issued under this chapter shall not exceed $25,000,000 outstanding at any one time.
3 Pa.C.S. § 2382 — PA Code / Title 3 / Chapter 23 / Section 2382
Regulations.
Status: in_force

(a) General authority.--The department shall promulgate and adopt rules and regulations necessary for the administration and implementation of this chapter.

(b) Preexisting regulations.--Except to the extent that they are inconsistent with any provision of this chapter, regulations in effect on the effective date of this chapter shall continue in effect unless subsequently modified by regulations promulgated by the department.

(c) Fees.--The department may impose licensure and user fees to recover costs of supplies, equipment, administration and other fixed overhead costs to provide services and voluntary

programs to the domestic animal industry. Unless otherwise specified in this chapter, such fees shall be established by the department through regulations.
3 Pa.C.S. § 2318 — PA Code / Title 3 / Chapter 23 / Section 2318
Fees and forfeiture.
Status: in_force

An owner of a form of identification of record shall pay the department a fee of $5 on January 1 of every fifth year from the year in which the form of identification was recorded with the department as that owner's property. This fee may be changed by the department through regulations. The department shall give a receipt for all such payments made. If an owner of a form of identification of record should fail, refuse or neglect to pay such fee by July 1 of any year in which it is due, such form of identification shall become forfeited and no longer carried in the record. Any such forfeited form of identification shall not be issued to any other person within a period of less than ten years following date of forfeiture.
3 Pa.C.S. § 10505 — PA Code / Title 3 / Chapter 105 / Section 10505
Allocation of money.
Status: in_force

Money that is allocated to or received by the department under section 10508 (relating to Commonwealth Specialty Crop Block Grant Fund) shall be allocated for administration of this chapter in accordance with the following formula:

(1) An amount of up to 8% of the money may be used by the department for administrative costs.

(2) An amount equal to 6.2% of the money shall be allocated to recipients and projects located in rural municipalities where at least 20% of the population has been below the Federal poverty line since 1990 based on census data.

(3) An amount equal to 3.8% of the money shall be allocated to recipients and projects located in urban municipalities where at least 20% of the population has been below the Federal poverty line since 1990 based on census data.

(4) The balance of the money remaining after making allocations under paragraphs (1), (2) and (3) shall be allocated to recipients and projects in a manner which seeks to distribute the money evenly among types of eligible specialty crops and, where practicable, in a manner that distributes the money across this Commonwealth.
3 Pa.C.S. § 4218 — PA Code / Title 3 / Chapter 42 / Section 4218
Aquaculture Development Account.
Status: in_force

(a) Establishment of account.--There is hereby established a separate account in the State Treasury to be known as the Aquaculture Development Account. Moneys in this account shall be used to stimulate the growth of the aquacultural industry in this Commonwealth.

(b) Sources of funds.--Except for fees generated pursuant to section 4213 (relating to requirements for discharge of water), all fees and charges generated under this chapter shall be deposited in the account.

(c) Use of funds.--Moneys in the account shall be used for administration of aquaculture programs in the department, including the biennial survey of aquaculture in section 4217 (relating to biennial survey of aquaculture). Up to 10% of the moneys deposited in the account on a fiscal year basis may be available for aquaculture research. After administrative costs are covered, the remainder of the account may be used to provide low-interest loans to aquacultural producers for development, expansion and modernization of facilities.
3 Pa.C.S. § 10704 — PA Code / Title 3 / Chapter 107 / Section 10704
Distribution of grant money.
Status: in_force

The department shall issue program reimbursement grant money to pay any portion of the costs of an eligible project based upon the applicant's submission of a verified statement that the eligible project has been completed or implemented, including a statement of the project completion date, photos of the completed or implemented project with a narrative explanation of each photo, bills and invoices for which reimbursement grant money is sought and other information as the department may reasonably require. (July 7, 2022, P.L.504, No.52, eff. imd.)
3 Pa.C.S. § 4111 — PA Code / Title 3 / Chapter 41 / Section 4111
Testing and inspections of standards.
Status: in_force

The State Metrology Laboratory at least once every five years shall test the standards of weight and measure procured by any city or county for which a sealer of weights and measures has been appointed, shall approve the same when found to be correct and shall inspect such standards at least once every two years. Cross References. Section 4111 is referred to in section 4121 of this title.
3 Pa.C.S. § 6824 — PA Code / Title 3 / Chapter 68 / Section 6824
Interference with officer or employee of department.
Status: in_force

(a) Interference.--A person who willfully or intentionally interferes with an employee or officer of the department in the performance of the employee's or officer's duties or activities authorized under this chapter commits a misdemeanor of the third degree and shall, upon conviction, be subject to a term of imprisonment for not more than one year or a fine of not more than $2,500, or both.

(b) Refuse entry.--

(1) It shall be a violation of this chapter to refuse entry to a department employee or agent acting under the authority of this chapter.

(2) For purposes of this subsection, the term "refuse entry" includes any of the following:

(i) Preventing entry to the establishment or any other place or object set forth in section 6823(a) (relating to inspection, sampling and analysis).

(ii) Preventing the taking of a sample as authorized under this chapter.

(iii) Preventing access to records required under this chapter or any order issued under the authority of this chapter or regulation promulgated under this chapter.

(c) Search warrant.--

(1) The department may apply for a search warrant to any court of competent jurisdiction authorized to issue a search warrant for the purposes of conducting inspections, collecting samples or examining records of any facility, premises or vehicle in the enforcement of this chapter.

(2) The warrant shall be issued upon probable cause. It shall be sufficient probable cause to show any of the following:

(i) The department or its authorized agent has been subject to interference or refused entry as defined under subsections (a) and (b).

(ii) The department has reasonable grounds to believe that a violation of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter has occurred.
3 Pa.C.S. § 1115 — PA Code / Title 3 / Chapter 11 / Section 1115
Removal, storage and destruction.
Status: in_force

(a) Authority.--The Pennsylvania State Police, a municipal police officer as defined in 42 Pa.C.S. § 8951 (relating to definitions) who holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training), a sheriff or a deputy or a member of a Pennsylvania bomb squad accredited by the Federal Bureau of Investigation and certified in hazardous devices training shall take, remove or cause to be removed at the expense of the owner all stocks of consumer fireworks or display fireworks or combustibles offered or exposed for sale, used, stored or held in violation of this chapter. The owner shall also be responsible for the storage and, if deemed necessary, the destruction of these fireworks.

(b) Cost recovery.--A Pennsylvania bomb squad accredited by the Federal Bureau of Investigation and certified in hazardous devices training shall attempt to recover any costs associated with the removal, storage or destruction of consumer fireworks, display fireworks or combustibles under subsection

(a) from the owner of the consumer fireworks. Reimbursement under subsection (c) shall only be available when the costs under this subsection cannot be recovered.

(c) Reimbursement.--If the costs under subsection (b) cannot be recovered, a Pennsylvania bomb squad accredited by the Federal Bureau of Investigation and certified in hazardous devices training may seek reimbursement from the Office of the State Fire Commissioner for the actual costs associated with the removal, storage or destruction of consumer fireworks, display fireworks or combustibles. Cross References. Section 1115 is referred to in section 1113 of this title; section 7389 of Title 35 (Health and Safety).
3 Pa.C.S. § 4511 — PA Code / Title 3 / Chapter 45 / Section 4511
Rules and regulations for enforcement.
Status: in_force

The secretary shall, with the advice of the commodity marketing board, make and promulgate rules and regulations as may be necessary to effectuate this chapter and to enforce the provisions of any marketing program, all of which shall have the force and effect of law. The secretary may institute an action at law or in equity and may establish penalties as may appear necessary to enforce compliance with this chapter or any rule or regulation or marketing program committed to the secretary's administration in addition to any other remedy under this chapter.
3 Pa.C.S. § 10303 — PA Code / Title 3 / Chapter 103 / Section 10303
Agriculture and Youth Organization Grant Program.
Status: in_force

(a) Program.--The department, in consultation with the board, shall establish a program of grants for agriculture and youth organizations qualifying to receive grants under this chapter, to be known as the Agriculture and Youth Organization Grant Program.

(b) Purpose.--Grants awarded under this chapter may be used for any of the following purposes:

(1) To cover the costs of special projects conducted by the organization and approved by the board.

(2) For educational or work force development programs conducted by the organization and approved by the board.

(3) For educational or work force development seminars and field trips conducted by the organization and approved by the board.

(4) For agricultural safety training programs conducted by the organization and approved by the board.

(5) For certain capital projects and equipment purchases approved by the board.
3 Pa.C.S. § 2328 — PA Code / Title 3 / Chapter 23 / Section 2328
Entry on premises.
Status: in_force

In the performance of the duties required by this chapter, the department may at any time enter any premises or stop and detain any vehicle or conveyance. If entry shall be refused or delayed by any person, the department's employee or agent may, upon oath or affirmation, declare before a court of competent jurisdiction that the employee or agent has reason to believe that domestic animals or articles that are or have been confined or kept in or on such premises carry a dangerous transmissible disease, have been exposed to a dangerous transmissible disease or have been contaminated by a hazardous substance and shall further declare that permission to enter and to investigate has been refused or delayed to the department. Upon review of such declaration, the court of jurisdiction may issue a search warrant for such premises, directed to the proper officer, agent or employee. The search warrant shall describe the premises which may be searched under authority of the search warrant, but need not describe the domestic animal, domestic animal products or other articles which are alleged to carry a dangerous transmissible disease, to have been exposed to a dangerous transmissible disease or to have been contaminated by a hazardous substance, which are or have been confined or kept on such premises. An officer, agent or employee of the department armed with such a search warrant shall have all the authority of a constable or other peace officer in the execution of the warrant. It shall be unlawful for any person to refuse or delay admission to any premises to any officer, agent or employee of the department provided with a search warrant issued pursuant to this section. The department shall take appropriate biosecurity and safety measures to ensure that it does not allow dangerous transmissible disease or contamination from hazardous substances to spread as the result of its entry upon any premises or conveyance.
3 Pa.C.S. § 10306 — PA Code / Title 3 / Chapter 103 / Section 10306
Regulations.
Status: in_force

The department shall administer the provisions of this chapter and, with the approval of the board, shall prescribe and adopt program policy guidelines or regulations to administer and enforce this chapter. Until or unless supplanted by program policy guidelines or regulations adopted under this section, the program guidelines promulgated under the act of August 6, 1991 (P.L.326, No.33), known as the Agriculture and Rural Youth Development Act, shall be the policy guidelines for the program. References in Text. The act of August 6, 1991, P.L.326, No.33, known as the Agriculture and Rural Youth Development Act, referred to in this section, was repealed by the act of July 1, 2019, P.L.279, No.40.
3 Pa.C.S. § 7116 — PA Code / Title 3 / Chapter 71 / Section 7116
Cooperation with other entities.
Status: in_force

The department may cooperate with and enter into agreement with governmental agencies of this Commonwealth, agencies of the Federal Government and any other state in order to carry out the purpose and provisions of this chapter.
3 Pa.C.S. § 4164 — PA Code / Title 3 / Chapter 41 / Section 4164
Weighmaster's certificate required.
Status: in_force

(a) General rule.--No person shall sell, transport over a public highway, deliver or cause to be delivered or start out to deliver any solid fuel in a lot or lots in amounts exceeding 100 pounds without each lot in each separate compartment of the vehicle or vehicle and trailer being accompanied by a weighmaster's certificate issued by a licensed weighmaster of this Commonwealth. This subsection does not apply when weighing takes place at the point of delivery or sale.

(b) Exception.--This section shall not apply to a producer of solid fuel who furnishes proof, satisfactory to the department or to an inspector of weights and measures, that the solid fuel being transported comes from the producer's own mine, is the producer's own property and is being transported for a purpose other than for sale. Cross References. Section 4164 is referred to in sections 4165, 4166 of this title.
3 Pa.C.S. § 5109 — PA Code / Title 3 / Chapter 51 / Section 5109
Rules and regulations.
Status: in_force

The department is charged with the enforcement of this chapter and after due publicity and due public hearing may promulgate and adopt such reasonable rules and regulations as may be necessary in order to secure the efficient administration of this chapter. Publicity concerning the public hearing shall be reasonably calculated to give interested parties adequate notice and adequate opportunity to be heard.
3 Pa.C.S. § 6913 — PA Code / Title 3 / Chapter 69 / Section 6913
Stop-sale orders.
Status: in_force

(a) General rule.--The department may issue and enforce a written or printed stop-sale, use or removal order to the owner or custodian of any lot of soil amendment or plant amendment and to hold at a designated place when the department finds the soil amendment or plant amendment is being offered or exposed for sale in violation of any of the provisions of this chapter. The order shall remain in effect until the law has been complied with and the soil amendment or plant amendment is released in writing by the department or the violation has been otherwise legally disposed of by written authority.

(b) Release by department.--The department shall release the soil amendment or plant amendment held under a stop-sale order when the requirements of the provisions of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid by the person responsible for the violation.
3 Pa.C.S. § 4191 — PA Code / Title 3 / Chapter 41 / Section 4191
Offenses and penalties.
Status: in_force

(a) Criminal penalties.--A person who violates any provision of this chapter or any rule, regulation, standard or order made under this chapter commits a summary offense for the first or second offense. A person who violates any provision of this chapter or any rule, regulation, standard or order made under this chapter commits a misdemeanor of the third degree if the violation is a third or subsequent offense and if the violation occurs within two years of the date of the last previous offense.

(b) Civil penalties.--In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this chapter or a rule or regulation adopted or any order issued under this chapter, the department may assess a civil penalty not to exceed $10,000 upon an individual or business for each offense. No civil penalty shall be assessed unless the person charged has been given notice and opportunity for a hearing in accordance with law. In determining the amount of the civil penalty, the department shall consider the gravity of the violation. Whenever the department finds a violation which did not cause harm to the public interest, the department may issue a warning in lieu of assessing a penalty. In case of inability to collect the civil penalty or failure of any person to pay all or any portion of the penalty as the department may determine, the department may refer the matter to the Attorney General, who shall recover the amount by action in the appropriate court.

(c) Offenses by inspectors or sealers.--Any inspector or sealer who violates section 4142(b) (relating to prohibited acts) commits a misdemeanor of the second degree. Cross References. Section 4191 is referred to in sections 4140, 4141 of this title.
3 Pa.C.S. § 5747 — PA Code / Title 3 / Chapter 57 / Section 5747
Regulations.
Status: in_force

The department shall make such reasonable rules and regulations as may be deemed necessary for carrying out the provisions of this subchapter.
3 Pa.C.S. § 5704 — PA Code / Title 3 / Chapter 57 / Section 5704
Inspection, sampling and analysis.
Status: in_force

(a) Inspection.--For purposes of enforcement of this subchapter, a licensor is authorized, upon presenting appropriate credentials to the person in charge:

(1) To enter at reasonable times any retail food facility.

(2) To inspect at reasonable times, within reasonable limits and in a reasonable manner, the retail food facility.

(3) To obtain a sample of any food at a retail food facility for analysis as may be necessary to determine compliance with this subchapter if the licensor, upon completion of the inspection and prior to leaving the

facility, provides the person in charge a receipt describing the sample obtained.

(b) Billing.--A retail food facility from which a sample was collected may bill the licensor for the fair market value of the sample.

(c) Report.--Upon completion of an inspection of a retail food facility and prior to leaving the premises, a licensor shall give to the person in charge a written report of the findings of the inspection. Results from the analysis of any samples taken shall be provided to the person in charge within 30 days of receipt.
3 Pa.C.S. § 10101 — PA Code / Title 3 / Chapter 101 / Section 10101
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Very Small Meat and Poultry Processor Reimbursement Grant Program. (July 7, 2022, P.L.504, No.52, eff. imd.)
3 Pa.C.S. § 2361 — PA Code / Title 3 / Chapter 23 / Section 2361
General authority.
Status: in_force

The department shall have authority to regulate the destruction, slaughter or processing of domestic animals in order to assure the proper treatment of domestic animals and the safety and quality of food of domestic animal origin. The department may:

(1) Establish standards for the humane slaughter of domestic animals.

(2) Regulate the slaughter and processing of domestic animals for human or animal consumption and may require the licensure of slaughter and processing establishments.

(3) Establish minimum standards regarding the health and quality of domestic animals permitted to be processed for human consumption or animal feed.
3 Pa.C.S. § 4507 — PA Code / Title 3 / Chapter 45 / Section 4507
Terminating marketing programs.
Status: in_force

Subject to approval of the appropriate commodity marketing board, the secretary shall suspend or terminate any marketing program or any provisions of any marketing program whenever the secretary finds that the provisions or program does not tend to effectuate this chapter within the standards and subject to the limitations and restrictions imposed in this chapter. A suspension or termination shall not be effective until the

expiration of the current marketing season. If the secretary finds that the termination of any marketing program is requested in writing by more than 33 1/3% of the affected producers who produce for market more than 50% of the volume of agricultural commodities produced within the designated production area for market, the secretary shall terminate or suspend for a specified period the marketing program or provisions thereof. The termination shall be effective only if announced on or before the date as may be specified in the program. If 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 request in writing that a referendum be held on the question of terminating the program, the secretary must announce and conduct a referendum within a reasonable period of time, and, in any case, within one year of the request a marketing program shall be terminated if so voted by a majority of those voting.
3 Pa.C.S. § 4151 — PA Code / Title 3 / Chapter 41 / Section 4151
Licenses.
Status: in_force

(a) Requirement.--Except as otherwise provided in this subchapter, no person shall make or issue a weighmaster's certificate unless licensed by the department. Application for a license shall be made upon a form prescribed by the department. The application shall contain the following:

(1) The name and address of the business or businesses for which the public weighmaster will be conducting weighing.

(2) The name and address of the residence of the applicant.

(3) The scale locations where weighing will be conducted by the weighmaster.

(b) Referral.--The department may refer any application for a license as a weighmaster to any city or county inspector of weights and measures for a report as to the accuracy of the statements made on the application, the suitability of the scale or scales to be used by the applicant and such other information as the department may require.

(c) Fee.--The applicant shall pay to the department a license fee of $60, which shall be remitted to the State Treasurer through the Department of Revenue. The license shall be for a period of two years from the date of issue. A license may be renewed at the discretion of the department for successive periods of not more than two years upon payment to the department of a license fee of $60, which shall be remitted to the State Treasurer through the Department of Revenue.

(d) Display.--Each license or a duplicate thereof shall be kept conspicuously displayed at the place where the weighmaster is engaged in weighing. In the event of the change of any name or address appearing on any application, the licensed weighmaster shall notify the department of the change within 48 hours.

(e) Suspension or revocation.--After a hearing and upon due notice to the licensee, a license may be suspended or revoked by the department for dishonesty, incompetency, inaccuracy or failure to notify the department of any change of name or address stated in the application, and a license may be revoked by the department without hearing if the licensed weighmaster has been found guilty of any violation of the provisions of this subchapter or if the licensed weighmaster has ceased to be employed at the places of weighing for which the license has been issued.

(f) Records.--The department shall keep a record of all applications received and of all licenses issued.

(g) Rules.--The department may adopt rules for determining the qualifications of an applicant for a license as a licensed public weighmaster.
3 Pa.C.S. § 4806 — PA Code / Title 3 / Chapter 48 / Section 4806
Grant programs.
Status: in_force

(a) Authorization.--The department may establish programs to award grants for the purposes described in this chapter.

(b) Grant program standards and requirements.--The following shall apply:

(1) The department shall establish grant program standards and requirements for a grant program under this chapter and shall transmit notice of the grant program standards and requirements to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(2) Grant program standards and requirements shall do the following:

(i) Establish eligibility standards for applicants.

(ii) Describe the objectives of the grant program, which objectives shall be consistent with this chapter.

(iii) Establish caps, limits and restrictions with respect to grant amounts.

(iv) Establish an application process and timetable.

(v) Present the criteria under which grant applications shall be evaluated by the department.

(vi) Establish a timetable within which the department shall award or disapprove a complete grant application.

(vii) Establish procedures by which the department shall verify expenditures of grant money by a grant recipient.
3 Pa.C.S. § 4193 — PA Code / Title 3 / Chapter 41 / Section 4193
Disposition of funds.
Status: in_force

(a) Deposit in State Treasury.--When the proceeding is instituted by the department, moneys received from fines and civil penalties shall be paid into the State Treasury and shall be credited to the general government appropriations of the Department of Agriculture for administering the provisions of this chapter.

(b) Local share.--Notwithstanding subsection (a), if the proceeding is instituted by a city or county which has entered into a memorandum of understanding with the department to enforce the provisions of this chapter, moneys received from fines and civil penalties shall be paid to the city or county.

(c) Department of General Services.--Moneys received from fees imposed and collected by the Department of General Services for inspection and testing services provided by the State Metrology Laboratory shall be paid into the State Treasury and shall be credited to the general government appropriations of the Department of General Services for the operation and maintenance of the State Metrology Laboratory.
3 Pa.C.S. § 9321 — PA Code / Title 3 / Chapter 93 / Section 9321
Officials at horse race meetings.
Status: in_force

(a) Racetrack racing official.--The commission shall approve each racetrack employee whose duties include the enforcement of pari-mutuel racing activities which directly or indirectly affect the racing product. Compensation for an official under this subsection shall be paid by the licensed racing entity.

(b) Commission racing official.--The commission shall employ individuals who shall be designated as commission racing officials and whose duties shall include the oversight and enforcement of this chapter, regulations and commission policies related to prerace activities, the conduct of live racing and pari-mutuel wagering. The commission, by regulation, shall establish the duties and responsibilities for a commission racing official. The cost for and compensation of a commission racing official shall be paid by the commission.
3 Pa.C.S. § 4631 — PA Code / Title 3 / Chapter 46 / Section 4631
Purpose.
Status: in_force

The purpose of this subchapter is to:

(1) Benefit qualified veterans and qualified veteran business entities that are licensed by the department under
3 Pa.C.S. § 2344 — PA Code / Title 3 / Chapter 23 / Section 2344
Verification of application.
Status: in_force

An applicant for a license under this subchapter shall sign the license application, and such signature shall serve to affirm that the information contained in the application is true and correct. An application and the information contained therein for licensure under this chapter shall be subject to the provisions of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
3 Pa.C.S. § 7101 — PA Code / Title 3 / Chapter 71 / Section 7101
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Seed Act.
3 Pa.C.S. § 703 — PA Code / Title 3 / Chapter 7 / Section 703
Administration.
Status: in_force

(a) Department.--The department has the following duties:

(1) Implement this chapter.

(2) Establish, through permits, a certification and registration program under this chapter and, when the program is operative, transmit notice of that fact to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(b) Powers and duties.--The department shall have the following powers and duties:

(1) Notwithstanding any other law to the contrary, to regulate and permit industrial hemp under this chapter in a manner consistent with the provisions of this chapter and all Federal laws, regulations and orders.

(2) To establish, implement and administer an agricultural pilot program to the extent funds are available.

(3) To develop and implement permitting requirements, and regulations if necessary, to carry out the provisions of this chapter.

(4) To issue, renew, deny, revoke, suspend or refuse to renew permits to conduct an agricultural pilot program.

(5) To develop an application for registration.

(6) To develop an application for permits.

(7) To create and maintain a database of permitted institutions of higher education and sites used to grow or cultivate industrial hemp.

(8) To inspect the facilities, growing areas, fields, seeds, plants and other items used by each permitted entity to ensure compliance with this chapter and permitting requirements and regulatory standards if promulgated, including conducting or requiring testing of seeds, plants and plant materials at the permit holder's cost.

(9) To establish, through permit, restrictions for the use or reuse of seeds, crops or products produced as the end result of an agricultural pilot program.

(10) To establish reasonable permitting and inspection fees to cover the cost of administration of this chapter.

(11) Notwithstanding any provision of Chapter 71 (relating to seed) and its attendant regulations, to regulate the labeling and testing of industrial hemp and industrial hemp seeds within this Commonwealth.

(12) To establish, through permitting standards or regulation, recordkeeping requirements necessary to administer the provisions of this chapter.

(c) Secretary.--If the secretary determines that a Federal agency is authorized to regulate industrial hemp, the secretary shall transmit notice of that authorization to the bureau for publication in the Pennsylvania Bulletin. Effective Date. Section 3(1)(i) of Act 92 of 2016 provided that subsec. (a) shall take effect immediately. Cross References. Section 703 is referred to in section 710 of this title.
3 Pa.C.S. § 519 — PA Code / Title 3 / Chapter 5 / Section 519
Preemption of local ordinances.
Status: in_force

(a) General.--This chapter and its provisions are of Statewide concern and occupy the whole field of regulation regarding nutrient management and odor management, to the exclusion of all local regulations.

(b) Nutrient management.--No ordinance or regulation of any political subdivision or home rule municipality may prohibit or in any way regulate practices related to the storage, handling or land application of animal manure or nutrients or to the construction, location or operation of facilities used for storage of animal manure or nutrients or practices otherwise regulated by this chapter if the municipal ordinance or regulation is in conflict with this chapter and the regulations or guidelines promulgated under it.

(c) Odor management.--No ordinance or regulation of a political subdivision or home rule municipality may regulate the management of odors generated from animal housing or manure management facilities regulated by this chapter if the municipal ordinance or regulation is in conflict with this chapter and the regulations or guidelines promulgated under it.

(d) Stricter requirements.--Nothing in this chapter shall prevent a political subdivision or home rule municipality from adopting and enforcing ordinances or regulations which are consistent with and no more stringent than the requirements of this chapter and the regulations or guidelines promulgated under this chapter. No penalty shall be assessed under any such local ordinance or regulation under this subsection for any violation for which a penalty has been assessed under this chapter. 2005 Amendment. Section 5(2) of Act 38 provided that subsection (c) shall take effect on the earlier of the effective date of regulations promulgated under section 504(1.1) or the publication in the Pennsylvania Bulletin of interim guidelines under section 504(2).
3 Pa.C.S. § 4615 — PA Code / Title 3 / Chapter 46 / Section 4615
Costs.
Status: in_force

Reimbursement of costs are as follows:

(1) The department may charge a licensee for costs incurred by the department in connection with that licensee's participation in any activity, trade show, exhibition or other promotional event conducted or facilitated by the department. A charge shall reasonably reflect the costs incurred by the department in facilitating the licensee's participation and may include such costs as proportional shares of event registration fees, equipment rental fees, display area rental fees and related costs.

(2) The department may charge a licensee for costs of Pennsylvania Preferred® or Pennsylvania Preferred Organic® promotional materials provided by the department at the request of the licensee. (July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days) 2023 Amendment. Act 21 amended par. (2). 2019 Amendment. Act 36 renumbered former section 4607 to present section 4615.

Cross References. Section 4615 is referred to in section 4616 of this title.
3 Pa.C.S. § 3110 — PA Code / Title 3 / Chapter 31 / Section 3110
Distribution of funds.
Status: in_force

The commission may advance funds to conservation districts for the purposes authorized by this chapter.
3 Pa.C.S. § 9355 — PA Code / Title 3 / Chapter 93 / Section 9355
Additional information.
Status: in_force

The commission may request additional information from an applicant if the additional information would assist the commission in deciding whether to issue or renew a license, including all of the following:

(1) Copies of any documents used by the applicant in preparing the application.

(2) A list of each contract between the applicant and a third party related to operations. The commission may review the contracts at any time upon request.
3 Pa.C.S. § 6915 — PA Code / Title 3 / Chapter 69 / Section 6915
Appeal process.
Status: in_force

All appeals shall be taken and hearings conducted in accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action). Cross References. Section 6915 is referred to in section 6914 of this title.
3 Pa.C.S. § 5714 — PA Code / Title 3 / Chapter 57 / Section 5714
Penalties.
Status: in_force

(a) Retail food facilities under jurisdiction of department.--For retail food facilities under the jurisdiction of the department, penalties are as follows:

(1) A person who violates any provision of this subchapter or any rule, regulation, standard or order made under this subchapter commits a summary offense for the first or second offense and shall be subject to a fine not less than $100 but not more than $300. A person who violates any provision of this subchapter or any rule, regulation, standard or order made under this subchapter commits a misdemeanor of the third degree if the violation is a third or subsequent offense and if the violation occurs within two years of the date of the last previous offense.

(2) In addition to proceeding under any other remedy available at law or in equity for a violation of this subchapter or a rule or regulation adopted or any order issued under this subchapter, the secretary may assess a civil penalty not to exceed $10,000 upon an individual or business for each offense. No civil penalty shall be assessed unless the person charged has been given notice and opportunity for a hearing in accordance with law. In determining the amount of the penalty, the secretary shall consider the gravity of the violation. Whenever the secretary finds a violation which did not cause harm to human health, the secretary may issue a warning in lieu of assessing a penalty. In case of inability to collect the civil penalty or failure of any person to pay all or any portion of the penalty as the secretary may determine, the secretary may refer the matter to the Attorney General, who shall recover the amount by action in the appropriate court.

(b) Retail food facilities under other jurisdiction.--Penalties shall be established by the licensor for retail food facilities under the jurisdiction of a licensor that is not the department.
3 Pa.C.S. § 10506 — PA Code / Title 3 / Chapter 105 / Section 10506
Use of grant money by recipients.
Status: in_force

(a) Recipients.--Money that is allocated to recipients by the department shall be used only for approved projects in accordance with this chapter, program parameters and grant agreements.

(b) Violations.--It shall be unlawful for a person to violate:

(1) the terms or provisions of this chapter;

(2) the program parameters developed under this chapter; or

(3) a signed grant agreement established under this chapter.
3 Pa.C.S. § 4166 — PA Code / Title 3 / Chapter 41 / Section 4166
Exception for boatloads or railroad carloads.
Status: in_force

Section 4164(a) (relating to weighmaster's certificate required) shall not apply to the sale of a boatload or railroad carload of solid fuel delivered directly from the boat or car to a purchaser and accepted as to weight by the purchaser on the bill of lading or other voucher issued by the carrier.
3 Pa.C.S. § 2333 — PA Code / Title 3 / Chapter 23 / Section 2333
Restriction on payment of indemnification and depopulation incentive.
Status: in_force

(a) Generally.--Notwithstanding any other provision of law, indemnification under section 2331 (relating to indemnification)

and depopulation incentive under section 2332 (relating to depopulation incentive) shall be paid only for domestic animals.

(b) Avian influenza.--Notwithstanding any other provision of law, whether a domestic animal, domestic animal product or other property is condemned by the department and slaughtered or destroyed under section 2331 or voluntarily slaughtered or destroyed by the owner under section 2332 to eradicate or prevent the spread of avian influenza, the amount payable by the department shall in all cases be the same percentage of appraised value as determined by the department. All other provisions of sections 2331 and 2332 shall apply to any payment under this subsection. (Mar. 24, 1998, P.L.217, No.39, eff. imd.)
3 Pa.C.S. § 9354 — PA Code / Title 3 / Chapter 93 / Section 9354
Oral presentation by applicant.
Status: in_force

(a) Application.--The application presentation shall be in accordance with all of the following:

(1) The commission may require an applicant to make an oral presentation prior to the ruling in order to clarify or otherwise respond to questions concerning the application as a condition to the issuance or renewal of a license.

(2) The presentation shall be limited to the information contained in the applicant's application and any supplemental information relevant to the commission's determination of the applicant's suitability.

(3) The admission as evidence of the supplemental information shall be subject to the discretion of the commission.

(b) Incomplete application.--If the commission deems an applicant's application incomplete and does not accept it for filing, the applicant shall not be entitled to make an oral presentation.
3 Pa.C.S. § 6919 — PA Code / Title 3 / Chapter 69 / Section 6919
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 that employee's or officer's duties or activities authorized under this chapter commits a misdemeanor of the third degree and shall, upon conviction, be subject to a term of imprisonment of not more than one year or a fine of not more than $2,500, or both.
3 Pa.C.S. § 4141 — PA Code / Title 3 / Chapter 41 / Section 4141
Impersonation of officer; penalties.
Status: in_force

Any person who shall impersonate in any way the department, the director or any one of the inspectors or a sealer or deputy sealer by the use of his seal or a counterfeit of his seal or in any other manner commits a misdemeanor and, upon conviction, shall be subject to criminal penalties in accordance with section 4191(a) (relating to offenses and penalties).
3 Pa.C.S. § 312 — PA Code / Title 3 / Chapter 3 / Section 312
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:

"Local government unit." A political subdivision of the Commonwealth.

"Normal agricultural operation." As defined under section 2 of the act of June 10, 1982 (P.L.454, No.133), entitled "An act protecting agricultural operations from nuisance suits and ordinances under certain circumstances."

"Unauthorized local ordinance." An ordinance enacted or enforced by a local government unit which does any of the following:

(1) Prohibits or limits a normal agricultural operation unless the local government unit:

(i) has expressed or implied authority under State law to adopt the ordinance; and

(ii) is not prohibited or preempted under State law from adopting the ordinance.

(2) Restricts or limits the ownership structure of a normal agricultural operation.
3 Pa.C.S. § 10509 — PA Code / Title 3 / Chapter 105 / Section 10509
Applicability.
Status: in_force

This chapter shall apply to the distribution of money of the Commonwealth Specialty Crop Block Grant Fund allocated or received by the department beginning with the fiscal year 2019-2020 and thereafter.
3 Pa.C.S. § 2325 — PA Code / Title 3 / Chapter 23 / Section 2325
Use of biologicals, antibiotics, genetic material, chemicals, diagnostic agents and other substances.
Status: in_force

(a) Authority.--The department shall have the authority to regulate the manufacture, sale or administration of any biological product intended for diagnostic, preventive or therapeutic purposes with domestic animals. The department may establish regulations to control the production, sale,

distribution or use of biologicals, antibiotics, genetic material, chemicals and other substances administered to domestic animals.

(b) Testing.--The department may prescribe methods of making official tests and may restrict the use of such tests to authorized accredited veterinarians and agents of the department and USDA-APHIS-VS for diagnosis of diseases of domestic animals. It shall be the duty of each person using restricted tests to report in writing the results of restricted tests to the department. Each report shall be signed by the person who conducted the test and shall give the date of the test, the name and address of the owner of the domestic animal tested, the location where such test was conducted, a description and definitive permanent identification of the domestic animal or domestic animals tested and a complete statement of the actual result of such test. It shall be unlawful for any person whose duty it is to make a report to fail or refuse to do so.

(c) Vaccines.--The department may, in order to prevent or control the introduction or spread of dangerous transmissible diseases, restrict the use of vaccines in domestic animals or cause domestic animals in this Commonwealth to be vaccinated with biologicals according to regulations promulgated under this chapter.
3 Pa.C.S. § 9315 — PA Code / Title 3 / Chapter 93 / Section 9315
Number of licensed racing entities.
Status: in_force

(a) Standardbred horse racing.--No more than five persons shall be licensed to conduct a horse race meeting. No person licensed under this chapter to conduct standardbred horse racing with pari-mutuel wagering shall be licensed to conduct thoroughbred horse racing with pari-mutuel wagering.

(b) Thoroughbred horse racing.--No more than six persons shall be licensed by the commission to conduct a horse race

meeting. No person licensed under this chapter to conduct thoroughbred horse racing with pari-mutuel wagering shall be licensed to conduct standardbred horse racing with pari-mutuel wagering.
3 Pa.C.S. § 2372 — PA Code / Title 3 / Chapter 23 / Section 2372
Application and fee.
Status: in_force

Any person intending to operate a garbage feeding business or plant within this Commonwealth shall, prior to the commencement of operation, file an application with the department for the issuance of a garbage feeding business license. The application shall be made on a form provided by the department. A license fee of $100 shall be submitted to the department for each garbage feeding business to be operated by the applicant within this Commonwealth. This license fee may be changed by the department through regulations. The Commonwealth, political subdivisions and charitable or religious institutions shall not be required to pay this license fee.
3 Pa.C.S. § 6826 — PA Code / Title 3 / Chapter 68 / Section 6826
Appeal process.
Status: in_force

All appeals shall be taken and hearings conducted in accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action). A person shall have 15 days to appeal an enforcement action of the department. Cross References. Section 6826 is referred to in sections 6819, 6821 of this title.
3 Pa.C.S. § 6801 — PA Code / Title 3 / Chapter 68 / Section 6801
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.

"Brand." A term, design or trademark used in connection with one or several grades of fertilizer.

"Bulk fertilizer." A fertilizer distributed in a nonpackaged form.

"By-product." Municipal waste or residual waste as defined in the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, that contains a plant nutrient and meets all applicable regulations of the Department of Environmental Protection.

"Compost." Product manufactured from the controlled aerobic biological decomposition of biodegradable materials that have been sanitized through the generation of mesophilic and thermophilic heat cycles and have stabilized carbon to the point that the materials are beneficial to plant growth.

"Consumer." A person who purchases fertilizer for its end use.

"Deficiency." The amount of nutrient found by analysis to be less than that guaranteed, that may result from a lack of nutrient ingredients or uniformity.

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

"Distribute." To import, consign, offer for sale, sell, barter or otherwise supply fertilizer in this Commonwealth.

"Distributor." A person that distributes fertilizer or fertilizer material.

"Enhanced efficiency." Relating to a fertilizer with characteristics that allow increased plant nutrient uptake and reduced potential of nutrient losses to the environment, such as gaseous losses, leaching or runoff.

"Facility." Each separate mill or plant that manufactures fertilizer.

"Fertilizer." A substance containing one or more recognized plant nutrients that is used for its plant nutrient content and is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal manure and plant remains, spent mushroom substrate and compost when not used as a plant nutrient, agricultural liming materials, wood ashes and other materials exempted by the department's regulations. The term shall not apply to animal manure that is regulated under:

(1)
3 Pa.C.S. § 4618 — PA Code / Title 3 / Chapter 46 / Section 4618
Injunctive relief.
Status: in_force

In addition to any other remedies provided for under this chapter, the department or the Attorney General, at the request of the department, may initiate, in the court of common pleas in Dauphin County, an action in equity for an injunction to restrain violations of this chapter or a trademark license agreement. In the proceeding, the court shall, upon motion of the Commonwealth, issue a preliminary injunction if it finds that the defendant is engaging in unlawful conduct under this chapter or is engaging in conduct which is causing immediate or irreparable harm to the public. The Commonwealth shall not be required to furnish bond or other security in connection with the proceedings. In addition to an injunction, the court, in equity proceedings, may levy civil penalties as provided under section 4617 (relating to civil penalties). (July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days)
3 Pa.C.S. § 6831 — PA Code / Title 3 / Chapter 68 / Section 6831
Disposition of funds.
Status: in_force

Money received from license fees, registration fees, inspection fees, fines and penalties shall be paid into a special restricted account in the General Fund known as the Agronomic Regulatory Account. All money in the Agronomic Regulatory Account is appropriated on a continuing basis to the department for the purposes of this chapter and Chapters 69 (relating to soil and plant amendment) and 71 (relating to seed). Cross References. Section 6831 is referred to in sections 6921, 7122 of this title.
3 Pa.C.S. § 4165 — PA Code / Title 3 / Chapter 41 / Section 4165
Small lots.
Status: in_force

When solid fuel is sold in lots not exceeding 100 pounds, the provisions of section 4164(a) (relating to weighmaster's certificate required) shall not apply if the solid fuel is delivered in closed containers or closed bags and the net contents of the bag or container, expressed in avoirdupois pounds, the type of solid fuel and the name, address, city, state and zip code of the seller are plainly stamped or printed

on the containers or bags or upon a tag securely attached to the containers or bags.
3 Pa.C.S. § 2313 — PA Code / Title 3 / Chapter 23 / Section 2313
Certified copies.
Status: in_force

(a) Issuance.--If a form of identification is recorded, the department shall furnish its owner with two certified copies of the record of the form of identification. Upon receipt of written evidence of the sale, assignment or transfer of a form of identification, the department shall furnish the new owner with two certified copies of the record of the form of identification. Additional copies may be obtained by the payment of $15 for each copy. This fee may be changed by the department through regulations.

(b) Filing.--Within ten days of receiving the two certified copies of the record of the form of identification, the owner of the recorded form of identification shall file one of the certified copies in the office of the county recorder of the county where the owner's principal place of business is located and one copy in each county where domestic animals bearing the recorded form of identification are to be kept. If the form of identification had a prior owner and the prior owner filed a certified copy in any other county, the subsequent owner shall file a certified copy in each county in which the previous owner had filed. Cross References. Section 2313 is referred to in section 2314 of this title.
3 Pa.C.S. § 1111 — PA Code / Title 3 / Chapter 11 / Section 1111
Attorney General.
Status: in_force

An individual or entity which performs, provides or supervises consumer fireworks or display fireworks displays or exhibitions for profit shall register annually with the Attorney

General in accordance with 37 Pa. Code Ch. 711 (relating to registration for fireworks displays). A certificate of registration issued by the Attorney General shall be provided upon request by law enforcement officials. (Nov. 1, 2023, P.L.159, No.23, eff. imd.)
3 Pa.C.S. § 6820 — PA Code / Title 3 / Chapter 68 / Section 6820
Stop-sale orders.
Status: in_force

(a) Authority of department.--

(1) The department may issue and enforce a written or printed stop-sale, use or removal order to the owner or custodian of a lot of fertilizer being offered or exposed for sale in violation of a provision of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.

(2) Fertilizer placed under the order shall be held at a designated place approved by the department and may not be moved without written approval by the department.

(3) The order shall remain in effect until the law has been complied with and the fertilizer is released in writing

by the department or the fertilizer in violation has been disposed of in a manner authorized by the department. The authorization shall be specified in writing.

(b) Release by department.--The department shall release the fertilizer held under a stop-sale order when the requirements of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter have been complied with and all costs and expenses incurred in connection with the order have been paid by the person responsible for the violation.
3 Pa.C.S. § 4163 — PA Code / Title 3 / Chapter 41 / Section 4163
Authorization to inspect and direct to nearest scales.
Status: in_force

Any State, county or city inspector of weights and measures who finds any commodity ready for or in process of delivery may inspect the commodity as to its weight and may direct the person in charge of the delivery of the commodity to convey the commodity to the nearest available scales operated by a weighmaster designated by the inspector. The inspector shall determine the gross weight of the commodity and the vehicle on which it is carried and shall direct the person in charge to return to the scales immediately upon unloading the commodity. Upon return of the vehicle, the inspector shall determine the weight of the vehicle without load and determine the net weight of the load delivered. The person in charge of a vehicle containing such a commodity or from which the commodity has been unloaded shall not fail to take the vehicle, upon the direction of the inspector of weights and measures, to the scales required in this section and shall not refuse to permit the commodity or vehicle to be weighed.
3 Pa.C.S. § 10508 — PA Code / Title 3 / Chapter 105 / Section 10508
Commonwealth Specialty Crop Block Grant Fund.
Status: in_force

(a) Establishment.--The Commonwealth Specialty Crop Block Grant Fund is established as a special nonlapsing fund in the State Treasury. All money placed into the fund and the interest the fund accrues are hereby appropriated to the department on a continuing basis for any activities necessary to meet the requirements of this chapter.

(b) Supplements to fund.--The Commonwealth Specialty Crop Block Grant Fund may be supplemented by money received from the following sources:

(1) State money appropriated to the department.

(2) Federal money appropriated to the department.

(3) Gifts and other contributions from public and private sources. (July 7, 2022, P.L.504, No.52, eff. imd.) 2022 Amendment. Act 52 amended subsec. (a). Cross References. Section 10508 is referred to in section 10505 of this title.
3 Pa.C.S. § 2377 — PA Code / Title 3 / Chapter 23 / Section 2377
Prohibitions and conditions.
Status: in_force

(a) Sanitation.--All garbage feeding businesses shall be maintained in a reasonably sanitary condition. Approved methods to exterminate flies, vermin and rodents shall be employed regularly.

(b) Slaughter of certain domestic animals prohibited.--It shall be unlawful to slaughter domestic animals for human consumption on any premises used as a garbage feeding business or in any building located on any such premises.

(c) Construction and management.--

(1) Feeding shall be done on water-tight floors, properly drained and constructed so as to be maintained in a sanitary condition.

(2) Any place where feeds are mixed and prepared and any building connected with garbage feeding operations shall be maintained in a sanitary condition and good repair.

(3) Manure and other refuse and rubbish shall not be allowed to accumulate within the buildings or upon the premises of a garbage feeding business to create unsightly or unsanitary conditions.

(4) The facility shall be constructed so that domestic animals are unable to have access to untreated garbage or materials that have come into contact with untreated garbage.
3 Pa.C.S. § 4159 — PA Code / Title 3 / Chapter 41 / Section 4159
Prohibited acts.
Status: in_force

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

(1) For a weighmaster to issue a false or incorrect weighmaster's certificate.

(2) For a person to solicit a weighmaster to issue a false or incorrect weighmaster's certificate.

(3) For a person to use or issue a weighmaster's certificate except one prepared on a form issued or approved by the department.

(4) For a person to print or distribute any forms of weighmaster's certificates unless authorized to do so by the department.

(5) For a person to use a false or incorrect weighmaster's certificate or a weighmaster's certificate not bearing the signature and license number of a licensed weighmaster and the license number of the vehicle and trailer or other means of permanent identification.

(6) For a weighmaster knowingly to permit a weighmaster's certificate to be issued or used which purports to bear the weighmaster's signature and which was not in fact signed by the weighmaster at a time of weighing or which expresses a gross, tare or net weight not ascertained by the weighmaster.

(7) For a person to deliver solid fuel without an official weighmaster's certificate.

(8) For a person to furnish a false name or address of a purchaser to the licensed weighmaster at the time of weighing.

(9) For a person to permit any diminution of a load before its delivery to the purchaser or purchasers of the load.

(10) Except as otherwise provided in this subchapter, for a person to fail, neglect or refuse to deliver a correct and lawful weighmaster's certificate to the purchaser of a commodity whose name and address appears on the weighmaster's certificate.

(11) For a person to otherwise directly or indirectly violate a provision of this subchapter.

(b) Prima facie evidence of short weight.--Whenever any commodity is sold and delivered to the purchaser named in the approved weighmaster's certificate and the seller or the seller's representative neglects, fails or refuses to deliver an approved weighmaster's certificate at the time of delivery or the net weight of the commodity is determined to be less than the net amount stated on the approved weighmaster's certificate or as otherwise represented to the purchaser, prima facie evidence of short weight shall exist, and the seller may be prosecuted under this section for short weight.

(c) Prima facie evidence of diminution of load.--Whenever the gross weight of a vehicle and load and the tare weight and net weight of a commodity have been determined in accordance with the provisions of this subchapter and the net weight of the commodity is determined to be less than that stated in a weighmaster's certificate, proof of the determination shall constitute prima facie evidence of the diminution of the load of the commodity before delivery to the purchaser.
3 Pa.C.S. § 6809 — PA Code / Title 3 / Chapter 68 / Section 6809
Commercial value.
Status: in_force

For the purpose of determining the commercial value to be applied under section 6808 (relating to plant nutrient deficiency), the department shall determine and publish annually a notice transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin stating the values per pound of total nitrogen, available phosphate and soluble potash in fertilizers in this Commonwealth. The values published in

the Pennsylvania Bulletin shall take effect July 1 of each year and be used in determining and assessing penalty payments.
3 Pa.C.S. § 311 — PA Code / Title 3 / Chapter 3 / Section 311
Scope.
Status: in_force

This chapter deals with local regulation of normal agricultural operations.
3 Pa.C.S. § 5108 — PA Code / Title 3 / Chapter 51 / Section 5108
Inspection, sampling and analysis.
Status: in_force

(a) Inspection.--For purposes of enforcement of this chapter, the department may inspect during business hours any facility, warehouse or establishment in which commercial feeds are manufactured, processed, packed or held for distribution. It may also enter and inspect any vehicle being used to transport or hold feeds. The inspector shall give written notice to the owner or person in charge of the facility, warehouse, establishment or vehicle prior to inspection. The inspection may include the verification of only those records and production and control procedures as may be necessary to determine compliance with this chapter. 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. Each inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified. If the employee making the inspection of a factory, warehouse or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises the employee shall give to the owner, operators or agent in charge a receipt describing the samples obtained.

(b) Warrant.--If the owner of any factory, warehouse or establishment described in subsection (a) or his agent refuses to permit the department to inspect in accordance with subsection (a), the department may obtain from any court of competent jurisdiction a warrant directing the owner or his agent to submit the premises described in the warrant to inspection.

(c) Samples and records.--For the purpose of the enforcement of this chapter, the department may enter upon any public or private premises, including any vehicle of transport, during business hours to have access to and to obtain samples, including exempted materials and labeling for commercial feeds, and to examine and copy records relating to the manufacture and distribution of commercial feeds and exempted materials.

(d) Sampling and analysis methods.--Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists or in accordance with other generally recognized methods.

(e) Disposition of official samples.--In determining for administrative purposes whether a commercial feed is deficient in any component, the department shall be guided solely by the official sample obtained and analyzed as provided for in subsection (d). The result of analyses of official samples shall be forwarded by the department to the guarantor. Upon request, the department shall furnish to the guarantor a portion of the sample concerned. The request must be made within 30 days from the date of the official report. Cross References. Section 5108 is referred to in section 5102 of this title.
3 Pa.C.S. § 6907 — PA Code / Title 3 / Chapter 69 / Section 6907
Tonnage reports.
Status: in_force

(a) General rule.--The guarantor whose name appears on the label shall submit, along with an inspection fee, a report in a manner prescribed by the department listing by county the net tons of each brand of soil amendment or plant amendment distributed in this Commonwealth for the period covered by the inspection fee.

(b) Multiple guarantors.--When more than one guarantor is involved in the distribution of a soil amendment or plant amendment, the guarantor who distributed the soil amendment or plant amendment last shall report the tonnage and pay the inspection fee unless the report and payment have been made by a prior distributor.

(c) Late fee.--A penalty of $25 or 10% of the inspection fee, whichever is greater, shall be imposed for any fee or report not submitted at the required time.

(d) Examination permitted.--The department or its authorized representative may examine the records of the guarantor to verify the information contained in the reports filed with the department. Reports containing fraudulent or incorrect information shall be considered a violation of this chapter for which the department may assess a penalty.

(e) Confidentiality of information.--

(1) No proprietary information furnished to the department under this section shall be disclosed in such a

way as to knowingly or intentionally divulge a trade secret of any person subject to the provisions of this chapter.

(2) This subsection shall not apply to information furnished to a court or administrative tribunal in accordance with law.

(f) Exemption.--The guarantor shall not be required to report tonnage under this section for a product that was reported under section 6807 (relating to tonnage reports). (Nov. 21, 2023, P.L.179, No.30, eff. imd.) 2023 Amendment. Act 30 added subsec. (f).
3 Pa.C.S. § 2380.9 — PA Code / Title 3 / Chapter 23 / Section 2380.9
Game and Wildlife Code and regulations.
Status: in_force

(a) Code.--The provisions of 34 Pa.C.S. (relating to game) are repealed insofar as they are inconsistent with this subchapter.

(b) Regulations.--

(1) The provisions of 58 Pa. Code Pt. III (relating to Game Commission) are abrogated insofar as they are inconsistent with this subchapter.

(2) Notwithstanding any other provision of law, the Pennsylvania Game Commission has no authority to promulgate regulations on Cervidae livestock operations. (June 29, 2006, P.L.206, No.51, eff. 60 days) 2006 Amendment. See the preamble to Act 51 in the appendix to this title for special provisions relating to legislative intent.
3 Pa.C.S. § 2347 — PA Code / Title 3 / Chapter 23 / Section 2347
Posting and display of license.
Status: in_force

Any person licensed under this subchapter and conducting business under such a license shall post a copy of the license furnished by the department in or at the place of business of the licensee. The license shall be posted and exposed for viewing by those persons conducting the business which is the subject of the license and for inspection by the department. The licensee and any agents of the licensee shall carry a license verification card issued by the department at all times when acting as a dealer, agent or hauler. This license verification card shall be exhibited to persons when negotiating with or soliciting business from them and to the department upon request.
3 Pa.C.S. § 2383 — PA Code / Title 3 / Chapter 23 / Section 2383
Enforcement and penalties.
Status: in_force

(a) Criminal penalties.--Unless otherwise specified, any person who violates any of the provisions of this chapter or any rule, regulation or order made under this chapter:

(1) For a first offense, commits a summary offense and shall, upon conviction, be sentenced for each offense to pay a fine of not less than $100 nor more than $300 and costs of prosecution and, in default of payment of such fine and costs, shall be sentenced to undergo imprisonment for a period of not more than 90 days.

(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 $1,000 nor more than $5,000 or to imprisonment for not more than two years, or both, at the discretion of the court.

(b) Civil penalties.--

(1) In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this chapter or a rule or regulation adopted thereunder or any order issued pursuant thereto, the department may assess a civil penalty of not more than $10,000 upon an individual or business for each offense.

(2) No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with law.

(3) In determining the amount of the penalty, the department shall consider the gravity of the violation. The department may issue a warning in lieu of assessing a penalty.

(4) In cases of inability to collect such civil penalty or failure of any person to pay all or such portion of the penalty as the department may determine, the department may refer the matter to the Office of Attorney General, which shall recover such amount by action in the appropriate court. Cross References. Section 2383 is referred to in sections 2380.8, 2386 of this title.
3 Pa.C.S. § 511 — PA Code / Title 3 / Chapter 5 / Section 511
Financial assistance.
Status: in_force

(a) Loans, grants, etc.--The commission shall, to the extent funds are available, provide financial assistance in the form of loans, loan guarantees and grants for the implementation of nutrient management plans and of odor management plans for existing agricultural operations.

(b) Criteria for eligibility.--In reviewing applications for financial assistance, the commission shall consider the following:

(1) Whether the project will improve the health, safety or environment of the people of this Commonwealth and otherwise satisfy the purposes of this chapter.

(2) The cost-effectiveness of the proposed practices in comparison with other alternatives.

(3) The applicant's ability to operate or maintain the practices in a proper manner.

(c) Issuance and terms.--Subject to this section, the commission shall issue loans and set terms applicable thereto in any manner it deems appropriate. The commission may consider such factors as it deems relevant, including current market interest rates, the financial ability of the applicant to repay and the necessity to maintain the funds created hereunder in a financially sound manner. Loans may be based on the ability to repay from future revenue to be derived from the applicant's

agricultural operation, by a mortgage or other security interest or by any other fiscal manner which the commission deems appropriate. The board shall have the power to defer principal on loans for up to 12 months. The minimum rate of interest to be paid on any loan made pursuant to this section shall be 1%.

(d) Grants.--Grants shall be made available as follows:

(1) Where funds have been made available to the commission, subject to any conditions that may have accompanied the receipt of such funds.

(2) Where the commission, in its sole discretion, determines that the financial condition of the recipient is such that repayment of a loan is unlikely and that the recipient will be financially distressed by the implementation of practices without a grant.

(e) Grants and loans.--The commission shall, where it deems appropriate and to the extent financial circumstances permit, mix grant funds with loan funds.
3 Pa.C.S. § 2336 — PA Code / Title 3 / Chapter 23 / Section 2336
Posted notice with information on dangerous transmissible diseases.
Status: in_force

The department may require a dealer, agent or person that offers a domestic animal, commercial feed or pet food for sale to the public to provide a posted notice on the premises with information on a dangerous transmissible disease. (May 8, 2024, P.L.359, No.15, eff. imd.) 2024 Amendment. Act 15 added section 2336.
3 Pa.C.S. § 4138 — PA Code / Title 3 / Chapter 41 / Section 4138
Potatoes.
Status: in_force

(a) Increments of weight.--All potatoes packed for sale, offered or exposed for sale in this Commonwealth shall be packaged in containers of net weights of any increment.

(b) Exceptions.--The provisions of this section shall not apply to:

(1) potatoes offered to the consumer at retail from bulk stock;

(2) the sale of potatoes to processors or for export;

(3) the sale of peeled, cut or sliced potatoes, or frozen or dehydrated potatoes, or precooked dehydrated or dried potatoes;

(4) the sale of seed potatoes; or

(5) the sale of sweet potatoes or yams. (Dec. 18, 2013, P.L.1241, No.124, eff. 60 days) 2013 Amendment. Act 124 amended subsec. (a).
3 Pa.C.S. § 5728 — PA Code / Title 3 / Chapter 57 / Section 5728
Adulteration of food.
Status: in_force

A food shall be deemed adulterated:

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health. However, if the substance is not an added substance, the food shall not be considered adulterated under this section if the quantity of the substance in the food does not ordinarily render it injurious to health.

(2) If it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of section 5731 (relating to poisonous or deleterious substances and tolerances). This paragraph does not apply to a pesticide chemical in or on a raw agricultural commodity, a food additive or a color additive.

(3) If it is a raw agricultural commodity and bears or contains a pesticide chemical which is unsafe within the meaning of section 5731, except that, where a pesticide chemical has been used in or on a raw agricultural commodity with an exemption granted or tolerance prescribed under section 5731 or under any of the Federal acts and the raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating or milling, the residue of the pesticide remaining in or on the processed food shall, notwithstanding the provisions of section 5731 and this paragraph, not be deemed unsafe if the residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of the residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity.

(4) If it bears or contains any food additive which is unsafe within the meaning of section 5731 or under any of the Federal acts.

(5) If it consists, in whole or in part, of any diseased, contaminated, filthy, putrid or decomposed substance or is otherwise unfit for food.

(6) If it has been produced, prepared, packed or held under unsanitary conditions so that it may have become contaminated with filth or may have been rendered diseased, unwholesome or injurious to health.

(7) If it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter.

(8) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health, unless the container is fabricated or manufactured with good manufacturing practice as that standard is defined and delineated by any of the Federal acts and their regulations.

(9) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect under section 5731 or under one of the Federal acts.

(10) If:

(i) any valuable constituent has been, in whole or in part, omitted or abstracted therefrom;

(ii) any substance has been substituted wholly or in part;

(iii) damage or inferiority has been concealed in any manner; or

(iv) any substance has been added thereto or mixed or packed so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is.

(11) If it bears or contains any color additive which is unsafe within the meaning of section 5731 or under one of the Federal acts.

(12) If it bears or contains eggs processed by or egg products derived from a manufacturing, processing or preparing method wherein whole eggs are broken using a centrifuge-type egg breaking machine that separates the egg's liquid interior from the shell. Cross References. Section 5728 is referred to in section 5731 of this title.
3 Pa.C.S. § 2345 — PA Code / Title 3 / Chapter 23 / Section 2345
License fees.
Status: in_force

The fee for a domestic animal or dead domestic animal dealer's or hauler's license is $50. If a person is a dealer of dogs and is licensed under the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law, there shall be no fee for licensure under this section. The fee for an agent's license is $25. These fees shall be paid prior to the issuance of a license by the department. The department may change these license fees through regulations.
3 Pa.C.S. § 6806 — PA Code / Title 3 / Chapter 68 / Section 6806
Inspection fees.
Status: in_force

The guarantor whose name appears on the label of a fertilizer distributed in this Commonwealth shall pay semiannually and not later than January 31 and July 31 of each year an inspection fee at the rate of 17¢ per ton of fertilizer distributed in this Commonwealth. In no case shall the inspection fee paid semiannually amount to less than $25. Cross References. Section 6806 is referred to in section 6906 of this title.
3 Pa.C.S. § 6811 — PA Code / Title 3 / Chapter 68 / Section 6811
Adulteration.
Status: in_force

(a) Prohibition.--No person may distribute a fertilizer that is adulterated. A fertilizer shall be deemed to be adulterated if any of the following apply:

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

(2) Adequate warning statements or directions for use that may be necessary to protect plant life, animals, humans, aquatic life, soil or water are not shown on the label.

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

(4) It contains viable weed seed or unwanted crop seed in amounts exceeding the limit that the department establishes by regulation.

(b) Exception.--A fertilizer shall not be considered adulterated under this section if the quantity of the substance in the fertilizer does not ordinarily render it injurious.
3 Pa.C.S. § 601 — PA Code / Title 3 / Chapter 6 / Section 601
Scope of chapter.
Status: in_force

This chapter relates to the Agriculture-Linked Investment Program.
3 Pa.C.S. § 518 — PA Code / Title 3 / Chapter 5 / Section 518
Powers reserved under existing laws.
Status: in_force

Nothing in this chapter shall limit in any way whatever the powers conferred upon the commission, the department, the

Department of Environmental Protection or a conservation district under laws other than this chapter, including, but not limited to, the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, and the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, and common law. All such powers are preserved and may be freely exercised. A court exercising general equitable jurisdiction shall not be deprived of such jurisdiction even though a nuisance or condition detrimental to health is subject to regulation or other action by the board under this chapter.