3 Pa.C.S. § 7105 — PA Code / Title 3 / Chapter 71 / Section 7105
Unlawful seed sales.
Status: in_force

It shall be unlawful for any person to sell, offer for sale or expose for sale in this Commonwealth any seed subject to the provisions of this chapter when:

(1) The distributor whose name appears on the label is not duly licensed under the provisions of this chapter.

(2) The test to determine the percentage of germination has not been completed within the time frames established by section 7104 (relating to labels and labeling), exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale or offering for sale or transportation. Except as otherwise stipulated in section 7104 and for seed in hermetically sealed containers as provided for in the regulations, no more than a 36-month period shall have elapsed, exclusive of the calendar month in which the test was completed.

(3) The seed contains prohibited noxious weed seeds.

(4) The seed contains restricted noxious weed seeds in excess of established maximum.

(5) The seed contains weed seeds collectively in excess of one percent by weight.

(6) Not labeled in accordance with the provisions of this chapter or having false or misleading labeling.

(7) False or misleading advertisement has been used.

(8) Any label, labeling, advertising or other representations subject to this chapter represents the seed to be certified or registered seed and:

(i) it has not been determined by a seed-certifying agency that such seed was produced, processed and packaged and conforms to standards in compliance with rules and regulations of such agency pertaining to such seed; and

(ii) the seed does not bear an official label issued for such seed by a seed-certifying agency stating that the seed is certified or registered.

(9) Labeled with a variety name but not certified by an official seed-certifying agency when it is a variety for which an application for certificate or a United States certificate of plant variety protection under the Plant

Variety Protection Act (Public Law 91-577, 7 U.S.C. § 2321 et seq.) specifies sale only as a class of certified seed, provided that seed from a certified lot may be labeled as to variety name when used in a mixture by or with approval of the owner of the variety. Cross References. Section 7105 is referred to in section 7104 of this title.
3 Pa.C.S. § 4201 — PA Code / Title 3 / Chapter 42 / Section 4201
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Aquacultural Development Law.
3 Pa.C.S. § 6818 — PA Code / Title 3 / Chapter 68 / Section 6818
Short weight.
Status: in_force

If the department finds that a fertilizer in the possession of a consumer is short in weight, the guarantor of that fertilizer shall, within 30 days after official notice from the department, submit to the consumer a penalty payment of two times the value of the actual shortage.
3 Pa.C.S. § 7122 — PA Code / Title 3 / Chapter 71 / Section 7122
Disposition of funds.
Status: in_force

Moneys received from license fees, seed testing fees, certification fees, fines and penalties shall be paid into the Agronomic Regulatory Account established in section 6831 (relating to disposition of funds). All moneys in the Agronomic Regulatory Account are hereby appropriated to the department for the purposes of Chapters 68 (relating to fertilizer) and 69 (relating to soil and plant amendment) and this chapter. (July 11, 2022, P.L.1538, No.83, eff. imd.)
3 Pa.C.S. § 2380.8 — PA Code / Title 3 / Chapter 23 / Section 2380.8
Violations by licensees.
Status: in_force

(a) Notice.--The department must provide a licensee with written notice of a violation of this subchapter or a regulation under this subchapter. The notice must provide a time period within which to correct the violation.

(b) Sanctions.--

(1) If the licensee does not correct a violation specified in a notice under subsection (a) within the specified time period, the department may take the following actions:

(i) Suspend the license.

(ii) Revoke the license.

(iii) Seek enforcement under section 2383 (relating to enforcement and penalties).

(2) Paragraph (1)(i) and (ii) are subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
3 Pa.C.S. § 9313 — PA Code / Title 3 / Chapter 93 / Section 9313
Budget.
Status: in_force

Beginning July 1, 2016, the commission and the Department of Agriculture shall annually submit a budget request to the Secretary of the Budget in accordance with the provisions contained in section 610 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, consisting of amounts to be appropriated from the State Racing Fund, the Pennsylvania Race Horse Development Trust Fund and the General Fund to administer and enforce this chapter and for the promotion of horse racing. Beginning July 1, 2016, and annually thereafter, 1% of the previous fiscal year's deposits into the Pennsylvania Race Horse Development Trust Fund shall be transferred from the Pennsylvania Race Horse Development Trust Fund to the State Racing Fund to provide for the promotion of horse racing. (Oct. 30, 2017, P.L.419, No.42, eff. imd.) Cross References. Section 9313 is referred to in section 1405.1 of Title 4 (Amusements).
3 Pa.C.S. § 4121 — PA Code / Title 3 / Chapter 41 / Section 4121
Powers and duties of director and inspector.
Status: in_force

(a) Powers and duties.--The powers and duties given to and imposed upon the department by sections 4111 (relating to testing and inspections of standards), 4112 (relating to general testing and inspections), 4115 (relating to training program), 4116 (relating to investigations), 4117 (relating to inspection of packages), 4118 (relating to stop-use, stop-removal and removal orders), 4119 (relating to disposition of correct and incorrect apparatus), 4120 (relating to police powers; right of entry and stoppage), 4124 (relating to concurrent jurisdiction) and 4192 (relating to temporary or permanent injunctions) are hereby given to and imposed upon the director and inspector also when acting under the instructions and at the direction of the department.

(b) Delegation of powers and duties.--The department may delegate to city and county sealers appointed pursuant to the provisions of section 4122 (relating to city and county sealers and deputy sealers of weights and measures; appointment, powers and duties) the powers and duties, or any portion thereof, given to and imposed upon it by sections 4112, 4116, 4117, 4118, 4119, 4120 and 4192, provided that the division of inspection responsibilities and other conditions of such delegation are fully delineated as part of the memorandum of understanding required pursuant to section 4125 (relating to division of responsibilities). Cross References. Section 4121 is referred to in sections 4122, 4123, 4124, 4125 of this title.
3 Pa.C.S. § 2501 — PA Code / Title 3 / Chapter 25 / Section 2501
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:

"Adequate hand-cleansing facility." A facility which has:

(1) running water and soap or other hand-cleansing methods approved by the department; and

(2) hand-drying equipment or disposable towels. The term does not include a communal basin.

"Advertise." To notify the public of an event by:

(1) publication in a newspaper, magazine or other publication of general circulation;

(2) announcement on television or radio;

(3) public mailing or distribution of written material; or

(4) posting of written material at a location other than the animal exhibition grounds.

"Agricultural fair." An agricultural exhibition which is conducted in a manner to make it eligible for a grant under the act of July 8, 1986 (P.L.437, No.92), known as the Pennsylvania Agricultural Fair Act.

"Animal." A living nonhuman organism having sensation and the power of voluntary movement and requiring for its existence oxygen and organic food. The term does not include a fish or an aquatic animal.

"Animal exhibition." As follows:

(1) The term shall include:

(i) an agricultural fair;

(ii) a petting zoo;

(iii) an event where animals are displayed on animal exhibition grounds for view and physical contact with humans, if the operator advertises the event;

(iv) an event where animals are displayed on animal exhibition grounds for view and physical contact with humans, if the operator charges an admission fee for access to the animals; or

(v) an event where animals are displayed on animal exhibition grounds for view and physical contact with humans, if there is a retail food establishment on the grounds.

(2) The term shall not include:

(i) an event, other than an agricultural fair, sponsored by an agricultural organization and held for not more than two days per year;

(ii) an event authorized by a farmer to permit individuals to view or have contact with animals the farmer is raising or keeping in the course of "normal agricultural operation" as defined in 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," which is not held on animal exhibition grounds where there is a retail food establishment;

(iii) an event performed or authorized in the normal course of operation of an equine boarding, riding or training enterprise by the person that operates the enterprise;

(iv) an event performed or authorized on the premises of a pet store by the person that operates the store;

(v) an event sponsored by or authorized by a recognized dog or cat breed association, dog or cat club or recognized kennel association;

(vi) an event performed or authorized by an animal rescue organization, a humane society or association for the prevention of cruelty to animals; or

(vii) an event excluded by regulation of the department.

"Animal exhibition grounds." The premises on which an animal exhibition is conducted.

"Interstate certificate of veterinary inspection." A legible official document that is:

(1) made on a form issued by the chief livestock health official of the state of origin or the United States Department of Agriculture;

(2) prepared by an accredited veterinarian of the state of origin certifying the health of the animal described in the certificate; and

(3) validated by the chief livestock health official of the state of origin.

"Operator." A person that conducts an animal exhibition. The term includes a person that contracts with another to conduct an animal exhibition.

"Pennsylvania health certificate." A legible official document that is:

(1) made on a form (AAI-13) provided by the department; and

(2) prepared by an accredited Pennsylvania veterinarian or a representative of the department certifying the health of animals described in the certificate according to the health requirements established under Chapter 23 (relating to domestic animals) and regulations promulgated under
3 Pa.C.S. § 9318 — PA Code / Title 3 / Chapter 93 / Section 9318
Licenses for horse race meetings.
Status: in_force

(a) Procedure and terms.--

(1) After January 1, 2017, a person seeking a license to conduct horse race meetings at which pari-mutuel wagering is permitted or seeking to renew the license shall file an application or renewal application with the commission in the manner prescribed by the commission. A license to conduct horse race meetings shall be issued for a period of three years.

(2) A licensed racing entity shall have the privilege to conduct a horse race meeting at which pari-mutuel wagering is permitted. A license to conduct a horse race meeting shall not be a property right and may not be used as collateral or be encumbered.

(3) The commission may revoke or suspend the license of a licensed racing entity if the commission finds that the licensed racing entity, or its owners, officers, managers or agents, have not complied with this chapter and regulations promulgated in accordance with this chapter.

(4) A licensed racing entity may not transfer a license without the approval of the commission.

(b) Conditions.--Each horse racing license shall be issued and remain in effect if the licensed racing entity complies with each condition, rule and regulation of the commission and the provisions of this chapter, including the following conditions:

(1) A horse race meeting at which pari-mutuel wagering is conducted shall be regulated by the commission.

(2) The conduct of pari-mutuel wagering shall also be regulated by the Department of Revenue.

(3) The licensed racing entity shall print in its racing programs the procedure for filing a complaint with the commission.

(c) Applications.--Applications to conduct horse race meetings shall be in the form prescribed by the commission and shall contain information as the commission may require.

(d) Fee.--An applicant or licensee seeking to conduct a horse race meeting or seeking renewal of a license shall pay to the commission a fee of $50,000. Notwithstanding the foregoing, a licensed racing entity that holds more than one horse race meeting license shall pay no more than $50,000 upon renewal of the licenses. The license or renewal fee shall be deposited into the State Racing Fund.

(e) Action on licenses.--The following shall apply:

(1) The commission shall be prohibited from issuing a license to conduct a horse race meeting at which pari-mutuel wagering is permitted to an individual or applicant or an owner, officer, director or manager of the applicant who has been convicted of:

(i) A felony in any jurisdiction.

(ii) A misdemeanor gambling offense in any jurisdiction, unless 15 years has elapsed from the date of conviction.

(iii) Fraud or misrepresentation in any jurisdiction related to horse racing or horse breeding, unless 15 years has elapsed from the date of conviction.

(iv) An offense under 18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty to animals).

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

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

(i) The individual or a principal of the applicant's position with the applicant.

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

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

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

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

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

(3) If, in the judgment of the commission, the applicant has demonstrated by clear and convincing evidence that the participation of the applicant in horse racing or related activities is not:

(i) inconsistent with the public interest or best interests of horse racing;

(ii) interfering with the effective regulation of horse racing; or

(iii) creating or enhancing the danger of unsuitable, unfair or illegal practices, methods or activities in the conduct of horse racing.

(f) Denial, suspension or revocation.--The commission may deny an application for a license or revoke, suspend or fail to renew the license of any applicant or licensed racing entity if the commission finds by a preponderance of the evidence that:

(1) The applicant or licensed racing entity, or any of its owners, officers, director, managers, employees or agents:

(i) Has not complied with the conditions, rules, regulations and provisions of this chapter and that it would be in the public interest, convenience or necessity to deny, revoke, suspend or not renew the license.

(ii) Has been convicted of a violation or attempt to violate a horse racing law, rule or regulation of a horse racing jurisdiction.

(iii) Has furnished the commission with false or misleading information relating to the application or license renewal.

(iv) Has been convicted of a crime involving moral turpitude.

(v) Has been convicted of a misdemeanor gambling offense in any jurisdiction.

(vi) Has been convicted in any jurisdiction of fraud or misrepresentation related to horse racing or horse breeding.

(2) The applicant or licensed racing entity does not have the use of a racetrack or racetrack enclosure in accordance with the provisions of 4 Pa.C.S. Pt. II (relating to gaming).

(3) The licensed racing entity has commingled horsemen's organization funds in violation of section 9345(c) (relating to commingling) or has refused to place on deposit a letter of credit under section 9346 (relating to standardbred horse racing purse money).

(4) The commission determines that the licensed racing entity has failed to properly maintain its racetrack and racetrack enclosure in good condition under this chapter or to provide adequate capital improvements to the racetrack and racetrack enclosure as required under this chapter and

4 Pa.C.S. § 1404 (relating to distributions from licensee's revenue receipts).

(5) The licensee has been convicted in any jurisdiction of an offense related to fixing or rigging horse races, including 18 Pa.C.S. § 4109 or 7102, or any similar crime in another jurisdiction, unless the conviction has been overturned on appeal under the laws of the jurisdiction of the original finding or a pardon has been issued.

(g) Cessation.--If a revocation or failure to renew a license under subsection (e) occurs, the licensee's authorization to conduct previously approved activity shall immediately cease, subject to 2 Pa.C.S. (relating to administrative law and procedure). In the case of a suspension, the licensee's authorization to conduct previously approved activity shall immediately cease until the commission has notified the licensee that the suspension is no longer in effect. After request for a hearing by a licensee, the commission may grant a supersedeas, pending the final determination of the suspension.

(h) Renewal.--A horse race meeting license shall be renewed every three years upon application and, except as provided for under subsection (a)(4), shall not be transferred. Renewals of horse race meeting licenses shall not be granted automatically.

(i) Conditional licenses.--Pending a final determination under this section, the commission may issue a conditional license upon the terms and conditions as are necessary to effectuate the provisions of this chapter.

(j) Compliance.--Nothing in this section shall be construed to relieve a licensed racing entity of its duty to comply with the requirements of 4 Pa.C.S. Pt. II. (June 28, 2017, P.L.215, No.10, eff. in 60 days) 2017 Amendment. Act 10 amended subsec. (e)(1)(iv). Cross References. Section 9318 is referred to in section 9311 of this title.
3 Pa.C.S. § 9331 — PA Code / Title 3 / Chapter 93 / Section 9331
Pari-mutuel wagering at nonprimary locations.
Status: in_force

(a) Nonprimary locations.--The following shall apply:

(1) Notwithstanding any other provision of this chapter, the commission may approve a licensed racing entity to continue to operate a nonprimary location where it has conducted pari-mutuel wagering on horse races conducted by the licensed racing entity. The licensed racing entity may continue to conduct pari-mutuel wagering at the location on horse races conducted by another licensed racing entity, which horse races may be televised to the location or on horse races simulcast to the location under section 9329 (relating to interstate simulcasting), provided that:

(i) A licensed racing entity has not established a nonprimary location within the primary market area of any racetrack other than a racetrack where the licensed racing entity conducts horse race meetings. Establishment of a nonprimary location by a licensed racing entity within the primary market area of a racetrack where the licensed racing entity conducts horse race meetings shall require approval of the commission.

(ii) A licensed racing entity has not established a nonprimary location within the secondary market area of a racetrack if the nonprimary location is approved by the commission.

(iii) A licensed racing entity has not established a nonprimary location in an area outside the primary and

secondary market areas of any racetrack if the location is approved by the commission.

(2) Except as provided under paragraph (1), no additional licenses shall be permitted.

(3) The commission shall annually conduct inspections of the primary facility.

(4) The regulatory authority of the commission shall apply to nonprimary locations and any employees or racing vendors of the licensed racing entity establishing the nonprimary location.

(b) Taxation and records.--Money wagered at all primary and nonprimary locations under this chapter shall be included in common pari-mutuel pools. Money wagered by patrons on the races shall be computed by the amount of money wagered each racing day for purposes of taxation under section 9334 (relating to State Racing Fund and tax rate). The licensed racing entity conducting the horse race meeting and maintaining the pari-mutuel pools shall maintain accurate records of the amount wagered in each pool from every primary and nonprimary location.

(c) Retention.--Money retained under section 9334 shall be calculated for each location where pari-mutuel wagering is being conducted. If wagering has taken place at a nonprimary location where the wagering is conducted by a licensed racing entity other than the licensed racing entity conducting the horse race meeting, the licensed racing entity conducting the horse race meeting shall retain any money to which it is entitled by agreement. The licensed racing entity conducting the horse race meeting shall pay over the balance of the retained money to the licensed racing entity conducting the wagering at the nonprimary location.

(d) Payment of purses.--A licensed racing entity conducting a horse race meeting where pari-mutuel wagering is conducted at one or more nonprimary locations shall distribute money to the horsemen's organization, or, in accordance with the practice of the parties, to be used for payment of purses at that racetrack, as follows:

(1) Except as provided for in paragraphs (2), (3), (4) and (5), an amount equal to but not less than 6% of the daily gross wagering handle on the races at a nonprimary location.

(2) When the gross wagering handle on the races at a nonprimary location on a given day is less than $30,000, the percentage may not be less than 3%.

(3) When the gross wagering handle on the races at a nonprimary location on a given day is between $30,000 and $75,000, the percentage may not be less than 4.75%.

(4) Whenever a nonprimary location is within the primary market area of a licensed racing entity other than the licensed racing entity conducting the races, the applicable percentage shall be distributed one-half to the horsemen's organization at the racetrack or in accordance with the practice of the parties.

(5) Where the horse race meeting is being conducted to be used for the payment of purses at the racetrack and one-half to the horsemen's organization, or in accordance with the practice of the parties, at the racetrack within the primary market area to be used for the payment of purses at the racetrack. Nothing in this subsection shall be construed to prevent a licensed racing entity from agreeing to distribute amounts greater than the percentages set forth in this subsection. However, if no alternative agreement has been reached, the total percentage for purses under this subsection shall be paid in

accordance with the minimum percentages set forth in this subsection.

(e) Other payments.--Notwithstanding any other provision of this chapter, a nonprimary location may be established within the primary market area of a racetrack by agreement between the licensed racing entity and the horsemen's organization at the racetrack specifying the total percentage of handle wagered at the nonprimary location to be distributed to the horsemen's organization, or, in accordance with the practice of the parties, to be used for the payment of purses at that racetrack. If no agreement is reached covering the locations, the total percentage to be paid for purses shall be the same as that applied to on-track wagering at the racetrack located within the primary market area. Cross References. Section 9331 is referred to in section 9356 of this title.
3 Pa.C.S. § 5111 — PA Code / Title 3 / Chapter 51 / Section 5111
Criminal penalties.
Status: in_force

(a) Conviction.--Any person who violates any of the provisions of this chapter or the rules and regulations issued

thereunder or who impedes, obstructs, hinders or otherwise prevents or attempts to prevent the department in performance of its duty in connection with the provisions of this chapter commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $50 nor more than $100 for the first violation and not less than $500 nor more than $1,000 for a subsequent violation in any one year. In all prosecutions under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the secretary shall be accepted as prima facie evidence of the composition.

(b) Minor violations.--Nothing in this chapter shall be construed as requiring the department to report a violation and to institute seizure proceedings as a result of minor violations of the chapter when it believes that the public interest will be best served by a suitable notice of warning in writing.

(c) District attorney.--It is the duty of each district attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the department reports a violation for such prosecution, an opportunity shall be given the person to present his view to the department.

(d) Trade secrets.--Any person who uses to his own advantage or reveals to anyone other than the department or to the courts when relevant in any judicial proceeding any information acquired under the authority of this chapter concerning any method, records, formulations or processes which as a trade secret is entitled to protection commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $500 or to imprisonment for not less than one year, or both. This prohibition shall not be deemed as prohibiting the department from exchanging information of a regulatory nature with duly appointed officials of the Federal Government or of other states who are similarly prohibited by law from revealing this information.
3 Pa.C.S. § 10502 — PA Code / Title 3 / Chapter 105 / Section 10502
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:

"Crop." Plants that are cultivated for sale, production, processing or subsistence. The term does not include wild plants.

"Eligible specialty crop." A specialty crop designated as a high-priority specialty crop by the secretary, with priority given to crops, plants and products that are not currently eligible for funding under the Federal Specialty Crop Block Grant Program.

"Federal Specialty Crop Block Grant Program." The Specialty Crops Competitiveness Act of 2004 (Public Law 108-465, 118 Stat. 3882).

"General evaluation criteria." The evaluation criteria established by the department and utilized for the Federal Specialty Crop Block Grant Program.

"Horticultural crop." A crop that is used by people for food, medicinal purposes or aesthetic gratification.

"Population density." The total population of this Commonwealth as determined by the most recent Federal decennial census, divided by the total area of this Commonwealth in square miles.

"Program." The Commonwealth Specialty Crop Block Grant Program established under section 10502.1 (relating to establishment of program).

"Rural municipality." A municipality of this Commonwealth with a population density less than the Statewide average population density or a total population less than 2,500, unless more than 50% of the population lives in an urbanized area, as defined by the United States Census Bureau.

"Silvicultural product." A product of a forest or woodland, including, but not limited to, timber.

"Specialty crop." A horticultural crop or silvicultural product, a plant cultivated and utilized for fiber or biofuel purposes or an apiary product.

"Urban municipality." A municipality of this Commonwealth not defined as a rural municipality.
3 Pa.C.S. § 505 — PA Code / Title 3 / Chapter 5 / Section 505
Powers and duties of Department of Environmental Protection.
Status: in_force

The Department of Environmental Protection shall have the following powers and duties:

(1) Before July 19, 1994, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which malfunctioning on-lot sewage systems contribute to the pollution of waters of this Commonwealth and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.

(2) Before July 19, 1994, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which improper water well construction contributes to groundwater pollution due to the intrusion of nutrients from the surface and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.

(3) Before July 19, 1995, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which the application of chemical fertilizers and other plant nutrients for nonagricultural purposes contributes to the pollution of the waters of this Commonwealth and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.

(4) Before July 19, 1995, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which nutrients from storm water runoff contribute to the pollution of waters of this Commonwealth and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.

(5) Before July 19, 1995, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which atmospheric deposition of nutrients contribute to the pollution of the waters of this Commonwealth and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.

(6) To include, in the assessments in paragraphs (1) through (5), recommendations to the General Assembly for budgetary and legislative initiatives where program resources

or statutory authority is not adequate to address pollution sources identified in those assessments.

(7) To provide technical and administrative assistance to the commission in carrying out its responsibilities under this chapter.
3 Pa.C.S. § 2705 — PA Code / Title 3 / Chapter 27 / Section 2705
Duties.
Status: in_force

The department shall:

(1) Upon request, provide the Department of Revenue and the Department of Labor and Industry with information about registered taxidermists.

(2) Charge taxidermy registrants an annual fee of $100 to cover the costs of administering the registration system.
3 Pa.C.S. § 9352 — PA Code / Title 3 / Chapter 93 / Section 9352
Licensing costs and fees.
Status: in_force

Costs and fees are as follows:

(1) The applicant shall pay all costs incurred by the commission in reviewing an application for an initial license, including legal and investigative costs and the cost of other necessary outside professionals and consultants in accordance with the following:

(i) Except for a licensed racing entity, as an initial payment for these costs, the applicant shall submit, along with a license application, a cashier's check or certified check payable to the commission in the amount of $50,000.

(ii) Any portion of the payment not required to complete the investigation shall be refunded to the applicant within 20 days of the granting, withdrawal or rejection of the initial license application.

(iii) To the extent additional costs will be necessary, the applicant shall submit a cashier's check or certified check payable to the commission in an amount reasonably requested by the commission within 10 days of receipt of the request. Failure to submit an additional requested payment shall result in suspension of the processing of the license application and may result in denial of the license.

(2) An applicant for a renewal license shall pay all reasonable costs incurred by the commission in reviewing a renewal license, including legal and investigative costs and the cost of other necessary outside professionals and consultants in accordance with the following:

(i) The applicant shall submit a cashier's check or certified check payable to the commission in an amount reasonably requested by the commission within 10 days of receipt of request.

(ii) Failure to submit the payment shall result in suspension of the processing of renewing the license and may result in denial of the license.

(3) Initial license fee:

(i) The fee for an electronic wagering license under section 9351(a) (relating to general license requirements) shall be $50,000. If an applicant that is also a Category 1 slot machine licensee or its corporate successor or affiliate paid the license fee under 4 Pa.C.S. § 1209 (relating to slot machine license fee), the fee required under this paragraph shall be deemed paid. A fee paid under this paragraph shall be deposited in the State Racing Fund, or, in the case of a deemed payment, transferred to the State Racing Fund upon certification of the Secretary of the Budget.

(ii) The fee for an initial totalisator or racing vendor license under section 9351(a.1) shall be $25,000 and shall be deposited in the State Racing Fund.

(4) License renewal fee:

(i) The fee for an electronic wagering license renewal under section 9351(b)(2) shall be $10,000. If an existing licensee under this section that is also a Category 1 slot machine licensee or its corporate successor or an affiliate paid the license fee under 4 Pa.C.S. § 1209, the fee required under this paragraph shall be deemed paid. A license renewal may not be issued until receipt of the license renewal fee. The license

fee shall be deposited into the State Racing Fund, or, in the case of a deemed payment, it shall be transferred to the State Racing Fund.

(ii) The fee for the renewal of a totalisator or racing vendor license under section 9351(b)(1) shall be $5,000 and shall be deposited in the State Racing Fund.

(5) The commission shall be reimbursed for any additional costs required to implement and enforce this chapter.

(6) Beginning two years following the effective date of this paragraph, the commission may annually increase a fee, charge or cost provided for under this section by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware and Maryland area for the most recent 12-month period for which figures have been officially reported by the United States Department of Labor, Bureau of Labor Statistics, immediately prior to the date the adjustment is due to take effect. (Oct. 30, 2017, P.L.419, No.42, eff. imd.) 2017 Amendment. Act 42 amended pars. (3) and (4).
3 Pa.C.S. § 6505 — PA Code / Title 3 / Chapter 65 / Section 6505
Rules and regulations.
Status: in_force

The department is charged with the administration of this chapter and shall promulgate rules, regulations and standards for its proper enforcement and administration.
3 Pa.C.S. § 5707 — PA Code / Title 3 / Chapter 57 / Section 5707
Powers of department.
Status: in_force

(a) Rules and regulations.--The department shall make such reasonable rules and regulations as may be deemed necessary for carrying out the provisions and intent of this subchapter. In promulgating regulations, the department shall be guided by the most current edition of the Food Code, published by the United States Department of Health, Food and Drug Administration. The regulatory standards established by the department under this section shall be the standards followed and applied by any licensor with respect to retail food facilities.

(b) Food service at schools and organized camps.--

(1) The department shall provide for the inspection of a food service at a school and for the training of school food service personnel in accordance with the standards applied to retail food facilities for schools located in areas in which the department is the licensor. Upon request, the department shall provide training to school food service personnel or inspections of a food service at a school located in areas in which the department is not the licensor.

(2) The department shall provide for the inspection of a food service at organized camps and for the training of food service personnel at organized camps in accordance with the standards applied to retail food facilities for organized camps located in areas in which the department is the licensor. Upon request, the department shall provide training to organized camp food service personnel or inspections of a food service at organized camps located in areas in which the department is not the licensor.

(c) Inspection.--If a licensor fails to inspect a retail food facility as required under section 5703(e) (relating to license required), the department shall have the authority to license and inspect all retail food facilities under that licensor's jurisdiction, and the licensor that failed to comply with the inspection requirement shall not charge or collect any fee for licensing subject retail food facilities. If the department conducts an inspection, it shall, within 30 days, provide the licensor a copy of the inspection report.

(d) Interagency coordination.--The department shall provide inspection reports or test results that indicate human illness related to food consumption or food handling practices, or to other threats to the safety of the food supply, to 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.
3 Pa.C.S. § 9325 — PA Code / Title 3 / Chapter 93 / Section 9325
Power of commission to impose fines.
Status: in_force

(a) General rule.--The commission may impose administrative fines upon any licensed or unlicensed racing entity, association or person participating in horse racing at which pari-mutuel wagering is conducted, other than as a patron, for a violation of any provision of this chapter or rule or regulation of the commission, not exceeding $10,000 for each violation. Each day may be considered a separate violation. Fines shall be deposited in the State Racing Fund and may be appropriated for the enforcement of this chapter.

(b) Interests.--

(1) No owner, officer or employee of a licensed racing entity or their immediate family shall have any direct or indirect interest in a race horse that is participating in a horse race meeting at which the person or relative listed under this paragraph holds any interest in the licensed racing entity conducting the horse race meeting or in the racetrack facility.

(2) The commission may impose a fine upon any person for a violation of this subsection in accordance with subsection (a). Cross References. Section 9325 is referred to in section 9359 of this title.
3 Pa.C.S. § 4223 — PA Code / Title 3 / Chapter 42 / Section 4223
Prohibited propagation and penalties.
Status: in_force

(a) Prohibited propagation.--Except for hobby breeders, artificial propagation of any species of fish is limited to those who have registered under section 4220 (relating to registration for artificial propagation). Artificial propagation by anyone, whether or not registered, is limited to those species of fish approved under this chapter, approved by law or approved by regulation of the department.

(b) Penalties.--Any person who sells, offers to sell or purchases fish with a market value or sale price of $50 or more in violation of section 4221(a)(1) (relating to activities under registration for artificial propagation) commits a misdemeanor of the third degree. Any other violation of this subchapter as well as a violation of section 4221(a)(1) where the market value or sale price is not shown or is less than $50 is a summary offense of the first degree as described in 30 Pa.C.S. § 923 (relating to classification of offenses and penalties).
3 Pa.C.S. § 4807 — PA Code / Title 3 / Chapter 48 / Section 4807
Limitation on grants.
Status: in_force

(a) Available funding.--Grants shall be awarded to the extent money is made available by the General Assembly.

(b) Matching.--Grant amounts shall be limited to 75% of project costs. In-kind support shall not be counted toward an applicant's matching contribution.

(c) Conditions.--The secretary may approve a grant in less than the requested amount. The secretary may also impose restrictions or special conditions upon the issuance of the grant.
3 Pa.C.S. § 3 — PA Code / Title 3 / Chapter 3 / Section 3
Continuation of prior law.
Status: in_force

The addition of 3 Pa.C.S. Ch. 11 is a continuation of Article XXIV of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971. Except as otherwise provided in 3 Pa.C.S. Ch. 11, all activities initiated under Article XXIV of the Tax Reform Code of 1971 shall continue and remain in full force and effect and may be completed under 3 Pa.C.S. Ch. 11.

Orders, regulations, rules and decisions which were made under
3 Pa.C.S. § 1519 — PA Code / Title 3 / Chapter 15 / Section 1519
Noxious weed list.
Status: in_force

(a) Class A noxious weeds.--Preventing new infestations and eradicating existing infestations of noxious weeds in this class is high priority. The following are Class A noxious weeds:

(1) Amaranthus palmeri S. Watson (commonly known as Palmer amaranth).

(2) Amaranthus rudis (commonly known as common waterhemp).

(3) Amaranthus tuberculatus (commonly known as tall waterhemp).

(4) Avena sterilis L. (commonly known as animated oat).

(5) Cuscuta spp., except for native species (commonly known as dodder).

(6) Galega officinalis L. (commonly known as goatsrue).

(7) Heracleum mantegazzianum Sommier & Levier (commonly known as giant hogweed).

(8) Hydrilla verticillata (L.f.) Royle (commonly known as hydrilla).

(9) Oplismenus hirtellus (L.) P. Beauv. Subsp. undulatifolius (commonly known as Wavyleaf basketgrass).

(10) Orobanche spp., except for native species (commonly known as broomrape).

(11) Pueraria lobata (Willd.) Ohwi (commonly known as kudzu).

(b) Class B noxious weeds.--The department may require control of Class B weeds to contain an injurious infestation, or may provide education or technical consultation. The following are Class B noxious weeds:

(1) Carduus nutans L. (commonly known as musk thistle).

(2) Cirsium arvense L. (commonly known as Canada thistle).

(3) Cirsium vulgare L. (commonly known as bull thistle).

(4) Exotic Lythrum species, including Lythrum salicaria L. (commonly known as purple loosestrife), the Lythrum salicaria complex and Lythrum virgatum L. (commonly known as European wand loosestrife), their cultivars and any combination thereof.

(5) Persicaria perfoliata (L.) H. Grass (formerly known as Polygonum perfoliatum L.) (commonly known as mile-a-minute weed).

(6) Rosa multiflora L. (commonly known as multiflora rose).

(7) Sorghum bicolor L. Moench (commonly known as shattercane).

(8) Sorghum halepense (L.) Pers. (commonly known as Johnsongrass).

(9) Conium maculatum L. (commonly known as poison hemlock).

(c) Class C noxious weeds.--Preventing introduction and eradicating infestations of noxious weeds in this class is the highest priority. Class C noxious weeds are any Federal noxious weeds listed in 7 CFR 360.200 (relating to designation of noxious weeds) not established in this Commonwealth which are not referenced above.

(d) Committee determination.--Any plant or weed designated as a noxious weed under this section and as authorized under section 1511 (relating to designation of noxious weeds and controlled plants). Cross References. Section 1519 is referred to in sections 1502, 1511 of this title.
3 Pa.C.S. § 510 — PA Code / Title 3 / Chapter 5 / Section 510
Nutrient Management Advisory Board.
Status: in_force

(a) Creation.--There is created the Nutrient Management Advisory Board. The board shall consist of 16 members appointed by the chairman of the commission and approved by a two-thirds vote of the commission. The members so appointed shall consist of six active commercial farm owners or operators representing the livestock, swine, meat poultry, egg poultry and dairy industry nominated by Statewide general farm organizations, one veterinary nutrition specialist, one representative from the feed industry, one representative from the fertilizer industry, one representative of local government, one representative of academia who shall be an agronomist or plant scientist faculty member of the school of agriculture of a Pennsylvania college or university, one representative of academia who shall be an animal science faculty member with an expertise in odor management from the school of agriculture of a college or university within this Commonwealth, one hydrologist, two citizen representatives who are not farmers and one environmental representative, all of whom shall have sufficient knowledge, experience or familiarity with agronomic practices, nutrient management practices or odor management practices and all of whom shall be residents of this Commonwealth. The six active commercial farm owners or operators shall be nominated in a manner that provides representation of the northwest, north central, northeast, southwest, south central and southeast regions of this Commonwealth, corresponding to the regions served by the Department of Environmental Protection regional offices. Two of the six active commercial farm owners or

operators shall hold an active concentrated animal feeding operation permit as required by the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.

(b) Compensation.--Board members shall not receive a salary but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties.

(c) Meetings.--A majority of the board shall constitute a quorum. All actions of the board shall be by a majority vote. The board shall meet upon the call of the commission, but not less than semiannually, to carry out its duties under this chapter. The board shall annually select a chairman and such other officers as it deems appropriate.

(d) Duties.--The board shall review and comment on all commission proposed regulations developed to implement the provisions of this chapter. The commission shall have no power to promulgate regulations under this chapter until receipt of written comments on the proposed regulations from the board or until 90 days have expired from the date when the regulations were submitted by the commission to the board for its comments. Existing regulations shall continue until modified, superseded or repealed by the commission.

(e) Term.--The term of office for each board member shall be three years except that the commission shall stagger the initial terms of the charter members such that five shall serve for one year, five shall serve for two years and six shall serve for three years. Board members may be appointed to successive terms at the discretion of the commission, provided that no member may serve more than two three-year terms. (Oct. 24, 2018, P.L.1179, No.162, eff. 60 days) 2018 Amendment. Act 162 amended subsecs. (a) and (d). Section 3 of Act 162 provided that members of the Nutrient Management Advisory Board and members of the Agricultural Advisory Board, as of the effective date of section 3, shall continue to serve as members of their respective boards until their present terms of office expire. Cross References. Section 510 is referred to in sections 503, 504 of this title.
3 Pa.C.S. § 4101 — PA Code / Title 3 / Chapter 41 / Section 4101
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Consolidated Weights and Measures Act.
3 Pa.C.S. § 2704 — PA Code / Title 3 / Chapter 27 / Section 2704
Preemption.
Status: in_force

Nothing in this chapter shall preempt the requirements of any other Federal or State law.
3 Pa.C.S. § 4130 — PA Code / Title 3 / Chapter 41 / Section 4130
Misleading packages.
Status: in_force

(a) Packaging.--No commodity in package form shall be so wrapped nor shall it be in a container so made, formed or filled as to mislead the purchaser as to the quantity of the contents of the package.

(b) Contents.--The contents of a container shall not fall below such reasonable standard of fill as may have been prescribed for the commodity in question by the department.
3 Pa.C.S. § 2314 — PA Code / Title 3 / Chapter 23 / Section 2314
Brand, tattoo or other form of identification as proof of ownership.
Status: in_force

In all suits at law or in equity or in any criminal proceedings in which the title to domestic animals is an issue, the certified copies recorded pursuant to section 2313 (relating to certified copies) shall be prima facie evidence of the ownership of the domestic animal by the person in whose name the brand, tattoo or other form of identification is recorded.
3 Pa.C.S. § 1520 — PA Code / Title 3 / Chapter 15 / Section 1520
Fees.
Status: in_force

(a) General rule.--The following fees, which shall be deposited into the account, are established:

(1) General permit, $150 per permit with a $50 annual renewal fee.

(2) Individual permit, $250 per permit with a $100 annual renewal fee.

(3) Inspection fees for field locations - $50 inspection fee for up to 10 acres, with a $5 per acre fee for each additional acre up to a maximum fee of $500.

(4) Inspection fees for greenhouses - Greenhouse locations shall be assessed a fee based on square footage as follows:

(i) $50 for less than 5,000 square feet.

(ii) $100 for 5,000-25,000 square feet.

(iii) $150 if greater than 25,000 square feet.

(5) Plant identification - $40 per sample.

(6) Laboratory testing - Fees as established in Chapter 71 (relating to seed).

(b) Adjustment of fees.--The department may promulgate regulations to fix, adjust, assess and collect or cause to be collected fees as established in this chapter. The fees shall be large enough to meet the reasonable expenses incurred by the department or its agents in administering this chapter, including issuing permits, conducting inspections and carrying out necessary testing. If the secretary determines that money derived from all authorized fees are either greater or less than that required to administer this chapter, the secretary may reduce or increase the fees so as to maintain revenues sufficient to administer this chapter.

(c) Payment of fees.--Fees shall be paid by check, money order or electronic payment made payable to the Commonwealth of Pennsylvania. Failure to pay a fee on time shall be a violation of this chapter. A late fee of $25 shall be assessed for every month that a fee is past due.
3 Pa.C.S. § 6918 — PA Code / Title 3 / Chapter 69 / Section 6918
Unlawful conduct.
Status: in_force

It shall be unlawful for any person to fail to comply with or to cause or assist in the violation of any order or any of the provisions of this chapter or the rules and regulations adopted under this chapter.
3 Pa.C.S. § 2706 — PA Code / Title 3 / Chapter 27 / Section 2706
Recordkeeping.
Status: in_force

A person registered under this chapter shall maintain an accurate record of all specimens that they mount. The record shall include the type of specimen mounted and the location where the specimen was harvested. The registrant shall make these records available to the department for inspection upon request by the Bureau of Animal Health and Diagnostic Services.
3 Pa.C.S. § 2389 — PA Code / Title 3 / Chapter 23 / Section 2389
Preemption of local laws and regulations.
Status: in_force

This chapter and its provisions are of Statewide concern and shall have eminence over any ordinances, resolutions and regulations of political subdivisions which pertain to transmissible diseases of domestic animals as defined in this chapter; the whole field of regulation regarding the identification of domestic animals; the detection, containment or eradication of dangerous transmissible diseases and hazardous substances; the licensure of domestic animal or dead domestic animal dealers, agents and haulers; the procedure for disposal of dead domestic animals and domestic animal waste; the procedure for the slaughter and processing of domestic animals; humane husbandry practices and the licensure and conditions of garbage feeding businesses.
3 Pa.C.S. § 5112 — PA Code / Title 3 / Chapter 51 / Section 5112
Civil penalties.
Status: in_force

In addition to any other remedy available at law or in equity for a violation of this chapter, the department may assess a civil penalty upon a person for a violation of this chapter. The department shall give notice to the person and shall provide an opportunity for a hearing. The hearing shall be conducted in accordance with Title 2 (relating to administrative law and procedure). The civil penalty assessed shall not exceed $2,500. The civil penalty shall be payable to the department and shall be collectible in any manner provided by law for the collection of debt. If any person liable to pay a civil penalty neglects or refuses to pay it after demand, the amount of the civil penalty, together with interest and any other costs that may accrue, shall be a lien in favor of the Commonwealth upon the real and personal property of the person after the lien has been entered and docketed of record by the prothonotary of the county where the property is situated. It is the duty of each prothonotary, upon receipt of the certified copy of the lien, to enter and docket the lien in the records of his office and to index the lien as judgments are indexed without requiring the payment of costs as a condition precedent to entry.
3 Pa.C.S. § 9358 — PA Code / Title 3 / Chapter 93 / Section 9358
Duration of license.
Status: in_force

A license issued under this subchapter shall be valid for one calendar year for which the license is issued.
3 Pa.C.S. § 2111 — PA Code / Title 3 / Chapter 21 / Section 2111
Transportation.
Status: in_force

No person shall transport bees, hives or appliances into this Commonwealth unless they are accompanied with a certificate of inspection signed by the chief apiary inspector or corresponding inspection official of the state or county from which the bees are being transported. The certificate shall certify that actual inspection of the bees was made within 30 days preceding the date of shipment and that the bees, hives and appliances contained in the shipment are free from bee diseases. It is the duty of any officer, agent, servant or employee of any person, firm or corporation engaged in transportation, who shall receive a shipment of bees consigned to a point in this Commonwealth and not having attached thereto a certificate as required, to immediately notify the department and to hold the shipment subject to its orders for a period of 15 days.
3 Pa.C.S. § 6807 — PA Code / Title 3 / Chapter 68 / Section 6807
Tonnage reports.
Status: in_force

(a) Requirements.--The guarantor whose name appears on a label shall submit, along with the requisite inspection fee, a report in a manner prescribed by the department listing by county the intended use and net tons of each brand and grade of fertilizer distributed in this Commonwealth for the period covered by the inspection fee. The department may promulgate regulations to establish additional tonnage reporting requirements.

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

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

(d) Examination permitted.--

(1) 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.

(2) Reports containing fraudulent or incorrect information shall be considered a violation of this chapter for which the department may assess a penalty as provided for in this chapter.

(e) Confidentiality of information.--

(1) Notwithstanding the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, or its successor statute, no proprietary information furnished to the department under this section shall be disclosed in a way as to knowingly or intentionally divulge a trade secret of a 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. Cross References. Section 6807 is referred to in section 6907 of this title.
3 Pa.C.S. § 7115 — PA Code / Title 3 / Chapter 71 / Section 7115
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 7115 is referred to in sections 7111, 7114, 7121 of this title.
3 Pa.C.S. § 5735 — PA Code / Title 3 / Chapter 57 / Section 5735
Product registration.
Status: in_force

The secretary may promulgate regulations allowing food establishments to label their food products as having been registered by the department. "Reg. Penna. Dept. Agr." shall be the approved abbreviation. This registration label shall be limited to food products prepared or packed in a food establishment registered under section 5734 (relating to registration of food establishments). Cross References. Section 5735 is referred to in section 5723 of this title.
3 Pa.C.S. § 4504 — PA Code / Title 3 / Chapter 45 / Section 4504
Commodity marketing board.
Status: in_force

(a) Establishment of commodity marketing board.--

(1) Each marketing program issued pursuant to this chapter shall provide for the establishment of a commodity marketing board, which shall have primary decision-making authority relative to marketing contracts and other projects in furtherance of the program. The number, representation, qualifications and terms of board members and the schedule of regular board meetings and procedure for calling special board meetings shall be established in the issued marketing program. No marketing program shall be issued to establish a commodity board of less than five members, one of whom shall be the secretary or the secretary's designee. The other board members shall be appointed by the secretary from among the agricultural producers whose commodities shall be subject to the marketing program. In making these appointments, the secretary shall consider nominations submitted by the producers. No decision by the board shall be effective unless, pursuant to regular or special meetings, a majority of board members were present and a majority of those present voted in support of the decision. All decisions rendered by the board shall be recorded in written minutes of the meeting, and the recorded minutes shall be made available to the secretary and to the producers whose commodities are subject to the marketing program.

(2) If the secretary requires sales agents to collect producer charges under section 4510(b) (relating to collection of fees), an additional member shall be appointed

to the board by the secretary. This member shall represent these sales agents who are subject to the marketing program collection agreement. In making the appointment, the secretary shall consider nominations by the sales agents.

(b) Board members.--No member of a commodity marketing board shall receive a salary, but each shall be entitled to actual expenses incurred while engaged in performing the duties authorized by this chapter. Any marketing program established under this chapter may authorize a payment not to exceed $100 per day and expenses for each day in which a board member or subcommittee member is performing a duty necessary to the function of the board.

(c) Powers and duties of board.--In administering the marketing program the board shall have the following powers and duties:

(1) To determine all matters pertaining to the marketing program issued by the secretary.

(2) To hire and employ personnel which the board deems necessary for the proper administration of the marketing program and to fix the compensation and terms of employment of personnel. The hiring, employment, compensation and terms of employment of personnel under this paragraph shall not be subject to the provisions of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(3) To adopt written procedures for acquiring and disposing of property and, subject to these procedures, to acquire, own, use, hire, lease, operate and dispose of personal property, real property and interests in real property.

(4) To make and enter into all contracts and agreements, in accordance with the provisions of the law, which the board deems necessary or incidental to the furtherance of the marketing program or performance of duties and powers under this chapter. Marketing contracts and the procedures and decisions related to contracts shall not be subject to competitive bidding requirements of any other statute or other requirements prescribed in The Administrative Code of 1929. The board shall adopt written procurement procedures for all marketing contracts. Procedures shall include:

(i) The method or methods which the board may use to invite proposals for marketing contracts and the manner of notice to be given to prospective contracting parties.

(ii) The minimum qualifications of a prospective contracting party necessary for consideration by the board in marketing contracts.

(iii) The manner in which a contract offer is accepted and a marketing contract is awarded by the board. Notwithstanding any other requirement of this subsection, the board may make sole source procurements when there is only one source for the required service and may make emergency procurements when the board determines in writing that the procedure is necessary due to the urgency of the particular situation.

(5) To receive, account for and disburse all moneys collected pursuant to the issued marketing program.

(6) To prepare a budget for the administration, operating costs and expenses of the program.

(7) To receive and report to the secretary complaints or violations of the marketing program and to assist and cooperate with the secretary in the enforcement thereof.

(8) To establish committees or subcommittees to carry out assigned duties and functions and to designate board members and nonboard members to serve on such committees and subcommittees.

(9) To collect and gather information and data relevant to the proper administration of the marketing program.

(10) To charge fees and to assist the secretary in the imposition of fees and the collection of fees and revenues under this chapter.

(11) To issue an annual report on the operation of the program.

(12) To recommend amendments to the marketing program and amendments to this chapter and regulations issued under this chapter.

(d) Limitation.--No financial obligation shall be incurred by any board beyond the extent to which money shall have been provided under the authority of this chapter. No obligation or liability of any type incurred by a board created pursuant to this chapter shall be an obligation or liability of the Commonwealth, and no board shall have the power to pledge the credit or taxing power of the Commonwealth nor to make its debts payable out of any moneys except those provided for by this chapter.

(e) Dairy industry marketing program.--Any marketing program issued under this chapter specifically for the dairy industry shall provide for the establishment of a board of 21 members who shall include the secretary or his designee and 20 persons appointed by the secretary who are active in the production of milk, including, but not limited to, representatives of milk cooperatives and farming associations, producer-handlers of milk and independent dairy farmers. In addition to the powers and duties contained in subsection (c), the commodity marketing board of the dairy promotion program shall have the power to elect or appoint from the membership of the board a chairman, vice chairman, secretary and treasurer and to hold special meetings at the request of the chairman or upon request of one-third of the members of the board. Cross References. Section 4504 is referred to in section 4503 of this title.
3 Pa.C.S. § 9332 — PA Code / Title 3 / Chapter 93 / Section 9332
Books and records of pari-mutuel wagering.
Status: in_force

Every licensed racing entity that conducts a horse race meeting at which pari-mutuel wagering is authorized shall maintain books and records that clearly show by separate record the total amount of money contributed to every pari-mutuel pool. The Department of Revenue or its authorized representative shall have access to examine all books and records and ascertain whether the proper amount due to the State is being paid by the licensed racing entity.
3 Pa.C.S. § 2335 — PA Code / Title 3 / Chapter 23 / Section 2335
Contract growers.
Status: in_force

On or before 12 months from the effective date of this chapter, the department shall submit to the Agriculture and Rural Affairs Committee of the Senate and the Agriculture and Rural Affairs Committee of the House of Representatives a report regarding the feasibility of paying a portion of the indemnification or depopulation incentive to a person who raises domestic animals under contract for the owner of such animals and a portion to the owner when the domestic animals are condemned and destroyed to prevent the spread of a transmissible disease or hazardous substance. In preparing the report, the department shall consider ways in which the owner and the person under contract to the owner would share the indemnification or the depopulation incentive in proportion to the loss which each incurred.
3 Pa.C.S. § 5725 — PA Code / Title 3 / Chapter 57 / Section 5725
Penalties.
Status: in_force

(a) Criminal penalties.--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. A person who violates 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.

(b) Civil penalties.--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.

(c) Guaranty.--

(1) No prosecution shall be sustained under the provisions of this subchapter for the manufacture, delivery, consignment, bailment, holding or sale of or offering for sale, exposing for sale or having in possession with intent to sell any adulterated or misbranded article against a person from whom the article of food, sample or portion was obtained by the department if the person can establish a guaranty to the effect that the article of food is not adulterated or misbranded within the meaning of this subchapter, was adulterated or misbranded prior to coming into the possession of the person and the person did not know or have reason to know of the adulteration or misbranding or was adulterated or misbranded after it left the possession and control of the person. The guaranty must be signed by the supplier, manufacturer, wholesale dealer, jobber or distributor from whom the articles of food were purchased or procured.

(2) The guaranty to afford protection shall contain the name and address of the supplier, manufacturer, wholesale dealer, jobber or distributor making the sale of the article of food to the person holding the guaranty. A supplier, manufacturer, wholesale dealer, jobber or distributor giving a guaranty under the provisions of this subchapter may be

held responsible and may be proceeded against for the adulteration or misbranding of any article of food sold under the guaranty and shall be subject to the penalties provided for violation of this subchapter. A guaranty shall not operate as a defense to prosecution for a violation of the provisions of this subchapter if the person holding the guaranty continues to sell the same food after written or printed notice from the secretary that the article is adulterated or misbranded within the meaning of this subchapter. However, if the person violated the provisions of this subchapter by having stored, transported, exposed or kept the article in a way or manner to render it diseased, contaminated or unwholesome, the person may be proceeded against for a violation.

(d) Minor violations.--Nothing in this subchapter shall be construed as requiring prosecution or institution of a proceeding under this subchapter for minor violations of this subchapter if the secretary believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.

(e) Food establishments subject to local inspections.--Penalties shall be established by the county, borough, incorporated town or township for food establishments that are subject to local inspection under section 5733(b) (relating to rules and regulations).
3 Pa.C.S. § 4601 — PA Code / Title 3 / Chapter 46 / Section 4601
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Pennsylvania Preferred Act.
3 Pa.C.S. § 520 — PA Code / Title 3 / Chapter 5 / Section 520
Repeals.
Status: in_force

All acts and parts of acts are repealed insofar as they are inconsistent with this chapter.
3 Pa.C.S. § 6916 — PA Code / Title 3 / Chapter 69 / Section 6916
Cooperation with other entities.
Status: in_force

The department may cooperate with and enter into an agreement with governmental agencies of the Federal Government, agencies of this Commonwealth and any other state in order to carry out the purpose and provisions of this chapter.
3 Pa.C.S. § 4612 — PA Code / Title 3 / Chapter 46 / Section 4612
Licensee qualification.
Status: in_force

A qualified entity shall meet at least one of the following requirements to become a licensee:

(1) Be a person that produces an agricultural commodity or an organic agricultural commodity:

(i) that is entirely harvested from a Pennsylvania location or is grown at a Pennsylvania location for at least 75% of the commodity's production cycle; and

(ii) that, if inspected by the department, the USDA, the FDA or an independent certifying agency approved by the department, is approved by the inspecting authority as meeting all applicable quality, sanitation, safety and labeling standards of that inspecting authority.

(2) Be a person that processes an agricultural commodity or an organic agricultural commodity:

(i) in whole or in part at a facility which is located within this Commonwealth; and

(ii) in whole or in part at a facility, which, if the agricultural commodity or organic agricultural commodity is intended for human consumption, is in compliance with Subchapter B of Chapter 57 (relating to food safety) and all applicable Federal and State food quality, sanitation, safety and labeling standards regulations; and

(iii) which is comprised of at least 75% of a Pennsylvania-produced agricultural commodity or a Pennsylvania-produced organic agricultural commodity.

(3) Be a person that promotes or markets an agricultural commodity or an organic agricultural commodity from a person that meets the provisions of paragraph (1) or (2).

(4) Be a public eating and drinking place licensed under and in compliance with Subchapter A of Chapter 57 (relating to retail food facility safety) or under the act of August 24, 1951 (P.L.1304, No.315), known as the Local Health Administration Law, which offers a menu item that includes an agricultural commodity or an organic agricultural commodity from a person that meets the provisions of paragraph (1) or (2).

(5) Be a person approved by the department to use and promote the use of the Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark to constituencies in furthering the purposes of this chapter. (July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days)
3 Pa.C.S. § 509 — PA Code / Title 3 / Chapter 5 / Section 509
Odor management plans.
Status: in_force

(a) Requirement.--

(1) The following operations shall develop and implement an odor management plan as described in this chapter:

(i) Existing concentrated animal operations and existing concentrated animal feeding operations, when doing any of the following:

(A) Erecting or constructing a new animal housing facility or a new manure management facility. The odor management plan required by this paragraph shall be developed and implemented only with respect to the new facility.

(B) Erecting or constructing an expansion of an animal housing facility or a manure management facility. The odor management plan required by this paragraph shall be developed and implemented only with respect to the newly erected or newly constructed portion of the facility.

(ii) Existing agricultural operations which, because of an increase, resulting from expansion or construction, in the number of animals maintained at the operation, will become regulated as either a concentrated animal operation or a concentrated animal feeding operation. The odor management plan required by this paragraph shall be developed and implemented only with respect to the newly expanded or newly constructed portion of the operation.

(iii) New agricultural operations which will be regulated as either a concentrated animal operation or a concentrated animal feeding operation.

(2) The operations described in paragraph (1)(i) and

(ii) shall obtain approval of their odor management plan prior to the earlier of erection or construction of new or expanded animal housing facilities or the construction of new or expanded manure management facilities.

(b) Certification of plans.--All odor management plans and plan amendments shall be developed by odor management specialists who shall certify that the plans are in accordance with the requirements of the odor management regulations promulgated under this chapter.

(c) Reviewing entities.--Odor management plans or plan amendments required by this section shall be submitted to the commission for review and approval or, at the commission's discretion, to the appropriate local conservation district for review and approval.

(d) Plan review and approval.--Any person performing the plan review must be certified in accordance with section 508 (relating to nutrient management certification program and odor management certification program). Within 90 days of receipt of an odor management plan or plan amendment, the reviewing agency shall approve or disapprove the plan or plan amendment. Approvals shall only be granted for those plans or plan amendments which satisfy the requirements of the regulations promulgated under this chapter. Notice of determination to approve or disapprove a plan or plan amendment shall be provided in writing to the person submitting same. Notice of a

determination to disapprove shall include an explanation specifically stating the reasons for disapproval. If a plan or plan amendment is disapproved, the person submitting a plan or plan amendment for the first time shall have 90 days after receipt of notice of disapproval to resubmit a revised plan or plan amendment. An existing or proposed concentrated animal operation or concentrated animal feeding operation that submits a complete plan or plan amendment is authorized to implement the same if the reviewing agency fails to act within 90 days of submittal.

(e) Implementation.--A person required to have an odor management plan under this section shall fully implement the plan prior to commencing use of the new animal housing facility or animal manure facility.

(f) Voluntary plans.--Any agricultural operation which is not required to comply with subsection (a) may voluntarily develop an odor management plan and have it reviewed pursuant to this section. To the extent possible, the commission, the Cooperative Extension Service, the department, the Department of Environmental Protection and conservation districts shall assist and promote the development of voluntary plans.

(g) Transferability of plans.--A plan approved under this section shall be transferable to a subsequent owner of an agricultural operation upon notification thereof to the district unless the transfer results in operational changes requiring plan modification pursuant to the criteria established in this section.

(h) Effectiveness of the section.--The requirements of this section shall become mandatory 90 days following the effective date of the regulations promulgated under section 504(1.1) (relating to powers and duties of commission). Cross References. Section 509 is referred to in section 504 of this title.
3 Pa.C.S. § 1542 — PA Code / Title 3 / Chapter 15 / Section 1542
Interference with inspector, agent or employee of department.
Status: in_force

A person who willfully or intentionally interferes with an inspector, employee or agent of the department in the performance of the inspector's, employee's or agent'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. § 4703 — PA Code / Title 3 / Chapter 47 / Section 4703
Definitions.
Status: in_force

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

"Agricultural commodity." Any of the following, transported or intended to be transported in commerce:

(1) Agricultural, aquacultural, horticultural, floricultural, viticultural or dairy products.

(2) Agricultural crops.

(3) Livestock and products of livestock.

(4) Poultry and products of poultry.

(5) Ranch-raised furbearing animals and the products of ranch-raised furbearing animals.

(6) The products of bee raising.

(7) Forestry and forestry products.

(8) Any products raised or produced on farms intended for on farm or human consumption and the processed or manufactured products of such products intended for human consumption.

"Eligible producer." A producer who has applied for and has received Federal crop insurance for the crop year for which crop insurance financial assistance is sought.

"Producer." Any person engaged within this Commonwealth in the business of producing an agricultural commodity or causing agricultural commodities to be produced.
3 Pa.C.S. § 6908 — PA Code / Title 3 / Chapter 69 / Section 6908
Inspection, sampling and analysis.
Status: in_force

(a) General rule.--The department shall sample, inspect, make analysis of and test soil amendments and plant amendments distributed within this Commonwealth and shall inspect the storage of soil amendments and plant amendments at any time and place and to such an extent as the department may deem necessary to determine whether such soil amendments and plant amendments are in compliance with the provisions of this chapter. The department or its agent may enter upon any public or private premises or carriers during regular business hours in order to have access to soil amendments and plant amendments subject to provisions of this chapter and the records relating to this chapter.

(b) Laboratory methodology.--The department shall establish by regulation the methods of soil and plant amendment sampling and analysis. In promulgating such regulations, the department shall consider methods such as those adopted by the Association of Official Analytical Chemists International. In cases not covered by such methods or in cases where improved methods are available, the department may issue a temporary order defining the method to be utilized. The method defined in the temporary order shall be effective upon publication in the Pennsylvania Bulletin. The temporary order shall remain in effect for a period not to exceed one year unless reissued or until such order is promulgated as a regulation.

(c) Deficiency determination.--The department, in determining whether any soil amendment or plant amendment is deficient, shall be guided solely by the official sample obtained and analyzed as provided for in subsections (a) and

(b).

(d) Retention of official samples.--Official samples maintained by the department and that require imposition of a penalty shall be retained for a minimum of 90 days from issuance of the penalty report. Upon request, the department shall furnish to the guarantor a portion of any sample found subject to penalty or other legal action. Such requests must be made within 30 days of notification of sample violations. Cross References. Section 6908 is referred to in section 6905 of this title.
3 Pa.C.S. § 4124 — PA Code / Title 3 / Chapter 41 / Section 4124
Concurrent jurisdiction.
Status: in_force

In cities and counties to which a delegation of powers and duties has been effected pursuant to section 4121 (relating to powers and duties of director and inspector), the department shall have concurrent authority to enforce the provisions of this chapter. Cross References. Section 4124 is referred to in section 4121 of this title.
3 Pa.C.S. § 2105 — PA Code / Title 3 / Chapter 21 / Section 2105
Registration of apiaries.
Status: in_force

(a) General rule.--The owner of an apiary located in this Commonwealth shall register the apiary with the department.

(b) Application.--The application for registration of an apiary shall be made on a form provided by the department and shall include all of the following:

(1) The name and complete mailing address of the owner of the apiary and the name and complete mailing address of the person primarily responsible for maintaining and caring for the apiary if different from the owner.

(2) The exact location or locations of each apiary.

(3) The number of colonies contained in the apiary.

(4) Such other information as the department may require.

(c) Fee.--The apiary registration fee shall be $10 for each applicant. No fee shall be charged for temporary relocation of a hive or hives for crop pollination from an apiary yard properly registered as an apiary under this chapter.

(d) Registration term.--A registration under this section shall be valid for a period of not more than two calendar years and shall expire on December 31 of the year following the initial year of registration.

(e) Relocation.--The department may by regulation require apiary owners to report the relocation of an apiary from its

original location as reported at the time of registration to another location in this Commonwealth. The owner of an apiary yard which is properly registered as an apiary under this chapter shall not be required to report the temporary relocation of a hive or hives for crop pollination as long as proper records of hive locations are maintained by the owner at a location available to the department for inspection.
3 Pa.C.S. § 1523 — PA Code / Title 3 / Chapter 15 / Section 1523
Seizure and condemnation.
Status: in_force

(a) General rule.--Where the distribution, transportation, cultivation, propagation, marketing, retail, wholesale, holding, warehousing, research or educational practices of a noxious weed or controlled plant is not in compliance with the provisions of this chapter, a permit, or any regulation promulgated or order issued under this chapter, the department, in addition to any other action authorized under this chapter, may file a complaint before a court of competent jurisdiction in the area in which the noxious weed or controlled plant is located, or before the Commonwealth Court, requesting the injunctive relief as necessary to prevent harm and requesting an order of seizure and condemnation be issued.

(b) Relief.--In the event that the court finds the noxious weed or controlled plant to be in violation of this chapter, a permit, or any regulation promulgated or order issued under this chapter, the court shall order the condemnation of the noxious weed or controlled plant. Upon execution of the court order, the condemned noxious weed or controlled plant shall be

disposed of in any manner consistent with the laws of this Commonwealth.
3 Pa.C.S. § 2387 — PA Code / Title 3 / Chapter 23 / Section 2387
Inapplicability of penal cruelty to animals statutes.
Status: in_force

No action taken by the department or decision not to act made by the department or condition or action required of another by the written instruction of the department shall be construed as cruelty to animals under any penal statute of this Commonwealth provided that such an action, decision or condition is taken, made or required under the authority of this chapter and its attendant regulations.
3 Pa.C.S. § 4136 — PA Code / Title 3 / Chapter 41 / Section 4136
Fluid dairy products.
Status: in_force

(a) Quantities.--All fluid dairy products, including, but not limited to, whole milk, skimmed milk, cultured milk, sweet cream, sour cream and buttermilk, shall be packaged for retail sale only in units of one gill, one-half liquid pint, ten fluid ounces, 12 fluid ounces, one liquid pint, one-third liquid quart, one liquid quart or multiples of one liquid quart, one-half gallon, one gallon or multiples of one gallon.

(b) Small packages.--Packages in units of less than one gill shall be permitted.

(c) Metric.--Metric equivalent packages of fluid dairy products shall only be units of 125 milliliters, 250 milliliters, 500 milliliters, 1 liter or multiples of 1 liter.
3 Pa.C.S. § 4179 — PA Code / Title 3 / Chapter 41 / Section 4179
Enforcement.
Status: in_force

It shall be the duty of the bureau and the sealers of weights and measures of the several counties and cities who shall find satisfactory evidence of any violation of the provisions of this subchapter to cause appropriate proceedings to be commenced and prosecuted, without delay, for the enforcement of the penalties as provided for in this chapter.
3 Pa.C.S. § 5724 — PA Code / Title 3 / Chapter 57 / Section 5724
Temporary or permanent injunctions.
Status: in_force

In addition to any other remedies provided in this subchapter, the secretary may apply to the Commonwealth Court or to any other court having jurisdiction for a temporary or permanent injunction restraining a person from violating this subchapter or any regulation adopted under this subchapter.
3 Pa.C.S. § 4503 — PA Code / Title 3 / Chapter 45 / Section 4503
Powers and duties of secretary.
Status: in_force

(a) Administration and enforcement of chapter.--Subject to the provisions contained in this chapter, the secretary shall administer and enforce the provisions of this chapter and shall have and shall exercise all administrative powers necessary to effectuate the purposes of this chapter, including the issuance of marketing programs, the appointment of members to commodity marketing boards as provided in section 4504 (relating to commodity marketing board) and the providing of personnel, staff, legal counsel and office facilities required for the administration and enforcement of marketing programs.

(b) Grounds for public hearing.--Whenever the secretary has reason to believe that the issuance of a marketing program or amendments to an existing marketing program will tend to effectuate this chapter, the secretary shall, either upon his own motion or upon application of any producer or any organization of producers, give due notice of an opportunity for a public hearing upon a proposed marketing program or amendments to an existing marketing program.

(c) Publication of notice of hearing.--Notice of any hearing called for this purpose shall be given by the secretary by publishing a notice of the hearing, for a period of not less than five consecutive publication days, in a daily newspaper of general circulation published in the capital of the Commonwealth and in any other newspaper or newspapers as the

secretary may prescribe. No public hearing shall be held prior to 20 days after the last day of the period of publication.

(d) Mailing to producers.--The secretary shall also mail a copy of the notice of a hearing and a copy of the proposed marketing program or proposed amendments to all producers whose names and addresses appear upon lists of such persons which shall be compiled in the department.

(e) Specifics of notice.--The notice of hearing shall set forth the date and place of the hearing and the area covered by the proposed marketing program or the proposed amendments and a statement that the secretary will receive at the hearing, in addition to testimony and evidence as to the proposed marketing program, testimony and evidence as to other necessary and relevant matters, including rate of assessment, and with respect to the accuracy and sufficiency of lists on file with the secretary which show the names and addresses of producers and the quantities of agricultural commodities produced by the producers in the marketing season next preceding the hearing.

(f) Hearing requirements.--The hearing shall be public, and all testimony shall be received under oath. A full and complete record of all proceedings at the hearings shall be made and maintained on file in the office of the secretary. At hearings the secretary shall receive, in addition to other necessary and relevant matters, testimony and evidence regarding the rate of assessment and testimony and evidence with respect to the accuracy and sufficiency of the lists on file with the secretary which show the names of the producers and the quantities of agricultural commodities produced by the producers in the marketing season next preceding the hearing.

(g) Issuance of marketing program.--After notice and hearing, the secretary may issue a marketing program if the secretary finds and sets forth in the marketing program that the program will tend to effectuate the purposes of this chapter.
3 Pa.C.S. § 5701 — PA Code / Title 3 / Chapter 57 / Section 5701
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the Retail Food Facility Safety Act.
3 Pa.C.S. § 5709 — PA Code / Title 3 / Chapter 57 / Section 5709
Linens, equipment and utensils.
Status: in_force

No proprietor shall utilize any linens, equipment or utensils unless the linens, equipment or utensils have been thoroughly cleansed and sanitized in the manner prescribed by regulation of the department.
3 Pa.C.S. § 901 — PA Code / Title 3 / Chapter 9 / Section 901
Scope of chapter.
Status: in_force

This chapter relates to the Pennsylvania Dairy Future Commission.
3 Pa.C.S. § 4220 — PA Code / Title 3 / Chapter 42 / Section 4220
Registration for artificial propagation.
Status: in_force

(a) Application.--Application to register for artificial propagation shall be made on forms, prepared by the department, which relate to the size, character and purpose of the facility to be used for propagation. The species of fish to be propagated and each separate propagation facility as well as any other information required by the department shall also be indicated on the forms.

(b) Registration and fees.--The department may register applicants for artificial propagation upon receipt of a written application signed by the applicant after the applicant has paid a fee of $150 to the department. Registration allows the registered operator to propagate all approved species of fish. The department shall establish a system to provide unique identification to a facility for the duration of that facility's continuous commercial existence. A registration shall expire five years after the initial date of registration. A registration may be renewed for an additional five-year period upon payment of the fee. Cross References. Section 4220 is referred to in sections 4217, 4221, 4222, 4223 of this title.
3 Pa.C.S. § 2357 — PA Code / Title 3 / Chapter 23 / Section 2357
Denial, suspension or revocation of license.
Status: in_force

An application or license under this subchapter may be denied, suspended or revoked if the department determines that any of the conditions of licensure set forth in section 2356 (relating to conditions of licensure) have been violated or if the department determines that a deficiency or violation on the applicant's or licensee's part had not been corrected within the time limit set forth in a written notice of deficiency or violation issued to the applicant or licensee by the department.
3 Pa.C.S. § 4219 — PA Code / Title 3 / Chapter 42 / Section 4219
Permissible propagation.
Status: in_force

(a) Species.--The commission shall determine which species of fish are allowed to be propagated in each watershed. On or before January 31 of each year, the commission shall supply the department a current list of species approved for propagation and the conditions under which each species may be cultured. As the commission approves a new species for propagation throughout the year, it shall notify the department of the species and watersheds. Except triploid and other nonreproducing forms, species may be propagated in the same watersheds within which they are allowed to be stocked.

(b) Initial list of approved species.--Except for those species of fish allowed for stocking only in a triploid or other nonreproducing form, the initial list of approved species shall include all species approved for artificial propagation or stocking by watershed as listed by the commission on January 1, 1995. Requirements for special conditions to culture certain species will be retained until modified. The initial list shall be submitted to the department within 60 days of the effective date of this chapter.

(c) Closed systems.--Special regulations shall be promulgated regarding the cultural methods for species of fish allowed to be propagated in systems which do not discharge water into waters of this Commonwealth. Systems whose discharge of water is rendered incapable of containing self-perpetuating living organisms may be registered for any species of fish with approval by the department. Cross References. Section 4219 is referred to in section 4221 of this title.
3 Pa.C.S. § 4194 — PA Code / Title 3 / Chapter 41 / Section 4194
Validity of prosecutions.
Status: in_force

Prosecutions for violation of any provision of this chapter are declared to be valid and proper notwithstanding the existence of any other valid general or specific act of this Commonwealth dealing with matters that may be the same as or similar to those covered by this chapter.
3 Pa.C.S. § 5723 — PA Code / Title 3 / Chapter 57 / Section 5723
Prohibited acts.
Status: in_force

The following acts are prohibited:

(1) Manufacture, sale, delivery, consignment, bailment, holding or offering for sale of any food that is adulterated or misbranded, except where a person in good faith delivers or offers to deliver the food and furnishes shipping documents to the secretary.

(2) Adulteration or misbranding of any food.

(3) Knowingly receiving in commerce any food which is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise.

(4) Sale, delivery for sale, holding for sale or offering for sale any article in violation of section 5731 (relating to poisonous or deleterious substances and tolerances).

(5) Refusal to permit during normal business hours entry to, inspection of or taking of a sample or access to or copying of any record at a food establishment as authorized under section 5732(a)(2) and (3) (relating to inspection, sampling and analysis).

(6) Removal or disposal of a detained or embargoed food article in violation of section 5726 (relating to detention and condemnation).

(7) Alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of a food or the doing of any other act with respect to a food, if the act is done while the food is held for sale and results in the food being adulterated or misbranded.

(8) Forging, counterfeiting, simulating, falsely representing or using without proper authority any mark, stamp, tag, label or other identification device authorized or required by regulation promulgated under this subchapter.

(9) Use by any person to his own advantage or revealing, other than to the secretary or the courts when relevant in any judicial proceeding under this subchapter, of any information acquired under authority of this subchapter concerning any method or process which, as a trade secret or confidential trade information, is entitled to protection.

(10) Holding of any potentially hazardous food at unsafe temperatures in violation of an applicable regulation issued under this chapter.

(11) Failure to register with the department under the provisions of section 5734 (relating to registration of food establishments).

(12) Use of wording which incorrectly indicates or implies that a label or product has received approval of the department. A food establishment may not claim registration either upon its label or package or otherwise, except as provided in section 5735 (relating to product registration).

(13) Sale of confectionery containing alcohol at a level above one-half of 1% by volume.

(14) Failure by a carrier to make records showing the movement in commerce of any food or the holding thereof during or after the movement and the quantity, shipper and consignee thereof available for one year after the initial date of movement of the food in commerce.
3 Pa.C.S. § 4105 — PA Code / Title 3 / Chapter 41 / Section 4105
Systems of weights and measures.
Status: in_force

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and one or both of these systems shall be used for all commercial purposes in this Commonwealth. The definitions of basic units of weight and measure, the tables of weight and measure and weights and measures equivalents as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions within this Commonwealth.

Cross References. Section 4105 is referred to in section 4139 of this title.
3 Pa.C.S. § 5106 — PA Code / Title 3 / Chapter 51 / Section 5106
Adulteration.
Status: in_force

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

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

(2) It bears or contains any added poisonous, added deleterious or added nonnutritive substance which is unsafe within the meaning of section 406 of the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) other than a pesticide chemical in or on a raw agricultural commodity or a food additive.

(3) It is, bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act.

(4) It is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408(a) of the Federal Food, Drug, and Cosmetic Act. Where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 of the Federal Food, Drug, and Cosmetic Act and the raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating or milling, the residue of the pesticide chemical remaining in or on the processed feed shall not be deemed unsafe if the residue has been removed to the extent possible in good manufacturing practice and the concentration of the residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity. If the feeding of the processed feed will result or is likely to result in a pesticide residue in the edible product of the animal which is unsafe within the meaning of section 408(a) of the Federal Food, Drug, and Cosmetic Act, it shall be deemed adulterated.

(5) It is, bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act.

(6) It is, bears or contains any new animal drug which is unsafe within the meaning of section 512 of the Federal Food, Drug, and Cosmetic Act.

(7) Any valuable constituent has been, in whole or in part, omitted or abstracted therefrom or any less valuable substance substituted therefor.

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

(9) It contains a drug and the methods used in or the facilities or controls used for its manufacture, processing or packaging do not conform to current good manufacturing practice regulations promulgated by the department to assure that the drug meets the requirements of this chapter as to safety, identity and strength, quality and purity characteristics which the drug purports or is represented to possess. In promulgating these regulations, the department shall adopt the current good manufacturing practice regulations for Type A medicated articles and Type B and Type C medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act unless it determines

that they are not appropriate to the conditions which exist in this Commonwealth.

(10) It contains viable weed seeds in amounts exceeding the limits which the department establishes by regulation. Cross References. Section 5106 is referred to in section 5102 of this title.
3 Pa.C.S. § 2317 — PA Code / Title 3 / Chapter 23 / Section 2317
Violations and penalty.
Status: in_force

(a) Unauthorized brands.--It shall be unlawful for a person to use any brand for the branding of domestic animals unless the brand has been recorded pursuant to this subchapter or

unless the use of a brand or the branding procedure is authorized under any other provision of this chapter.

(b) Affixing forms of identification by nonowners.--It shall be unlawful for a person to affix, attempt to affix or cause to be affixed a form of identification upon the domestic animal of another without the owner's consent.

(c) Tampering.--It shall be unlawful for a person to efface, deface or obliterate or attempt to efface, deface or obliterate any brand, tattoo or other form of identification upon any domestic animal belonging to another person. It shall be unlawful for a person to efface, deface, obliterate, conceal, remove or attempt to remove any official domestic animal identification of the department, the United States Department of Agriculture or any other state department of agriculture.

(d) Form of identification of another.--It shall be unlawful for a person to affix, attempt to affix or cause to be affixed upon any domestic animal the form of identification of another.

(e) Other false identification.--It shall be unlawful for any person to place, attach or use on a domestic animal, or to cause to be placed, attached or used on a domestic animal, or to attempt to place, attach or use on a domestic animal, any form of identification such as a brand, tattoo, tag, emblem, marking, microchip or other identifying mark, number or device that such person knows misrepresents the identity or health of the domestic animal, with intent to interfere or deceive in the identification, testing, vaccinating, selling, transfer or slaughter of the domestic animal.

(f) Penalty.--Any person who is convicted of violating any provision of this subchapter shall be guilty of a misdemeanor of the second degree and may be imprisoned for not more than two years and be fined not more than $5,000.
3 Pa.C.S. § 7113 — PA Code / Title 3 / Chapter 71 / Section 7113
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 seed and to hold at a designated place when the department finds the seed 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 seed 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 seed 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. § 4 — PA Code / Title 3 / Chapter 4 / Section 4
Continuation of prior law.
Status: in_force

The addition of 3 Pa.C.S. Ch. 5 is a continuation of the act of May 20, 1993 (P.L.12, No.6), known as the Nutrient Management Act. The following apply:

(1) Except as otherwise provided in 3 Pa.C.S. Ch. 5, all activities initiated under the Nutrient Management Act shall continue and remain in full force and effect and may be completed under 3 Pa.C.S. Ch. 5. Orders, regulations, rules and decisions which were made under the Nutrient Management Act and which are in effect on the effective date of section 3 of this act shall remain in full force and effect until revoked, vacated or modified under 3 Pa.C.S. Ch. 5. Contracts and obligations entered into under the Nutrient Management Act are not affected nor impaired by the repeal of the Nutrient Management Act.

(2) Except as set forth in paragraph (3), any difference in language between 3 Pa.C.S. Ch. 5 and the Nutrient Management Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Nutrient Management Act.

(3) Paragraph (2) does not apply to the addition of any of the following provisions of 3 Pa.C.S.:

(i) Section 501.

(ii) Section 502(5).

(iii) The definitions of "animal housing facility," "concentrated animal feeding operation," "manure management facility" and "odor management plan" in section 503.

(iv) Section 504(1.1) and (2).

(v) Section 506.

(vi) Section 507.

(vii) Section 508.

(viii) Section 509.

(ix) Section 510(a), (d) and (e).

(x) Section 511(a).

(xi) Section 513.

(xii) Section 514(a), (c) and (d).

(xiii) Section 515.

(xiv) Section 519.

(xv) Section 521.

(xvi) Section 522.

(4) The addition of 3 Pa.C.S. Ch. 5 does not affect the terms of office of the members of the Nutrient Management Advisory Board in office on the effective date of this paragraph. 2006, JUNE 29, P.L.206, NO.51 Preamble The General Assembly finds and declares as follows: A Cervidae livestock operation is a normal agricultural operation of this Commonwealth. Cervidae livestock facilities and their equipment are considered to be agricultural facilities and equipment. Uses related to the farming and harvesting of cervids are to be considered agricultural uses regulated by the department. The Secretary of Agriculture shall assure that Cervidae livestock operations are afforded all rights, privileges, opportunities and responsibilities of normal agricultural operations. Explanatory Note. Act 51 amended sections 2303, 2380.1, 2380.4, 2380.5, 2380.6 and 2380.9 of Title 3. 2010, NOVEMBER 23, P.L.1039, NO.106 § 7. Continuation of prior rules, regulations and standards. Except to the extent they are inconsistent with any provision of this act, the rules, regulations and standards adopted by the department prior to the effective date of this act under authority of the statutes repealed in section 8 of this act, shall continue in effect unless subsequently modified or superseded by regulations promulgated by the Secretary of Agriculture of the Commonwealth. Explanatory Note. Act 106 amended, added or repealed the heading of Chapter 57, Subchapters A and B of Chapter 57,
3 Pa.C.S. § 5114 — PA Code / Title 3 / Chapter 51 / Section 5114
Publications.
Status: in_force

The department shall publish at least annually, in such form as it deems proper, information concerning the sales of commercial feeds, together with such data on their production and use as it may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold in this Commonwealth as compared with the analyses guaranteed on the label. The information concerning production and use of commercial feeds shall not disclose the operations of any person.
3 Pa.C.S. § 4633 — PA Code / Title 3 / Chapter 46 / Section 4633
Qualified veterans and qualified veteran business entities.
Status: in_force

(a) Encouragement of participation.--The department shall promote participation under this subchapter by qualified veterans and qualified veteran business entities and shall conduct outreach and education efforts to encourage and facilitate veteran participation.

(b) Coordination of effort.--The department shall cooperate with military, government or private sector marketing efforts that identify, emphasize and encourage the production and marketing of Pennsylvania-produced agricultural commodities or Pennsylvania-produced organic agricultural commodities by qualified veterans and qualified veteran business entities and may allow the use of the Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark in a cooperative effort.

(Nov. 1, 2023, P.L.148, No.21, eff. 60 days) 2023 Amendment. Act 21 amended subsec. (b).
3 Pa.C.S. § 2379 — PA Code / Title 3 / Chapter 23 / Section 2379
Notice to remedy and denial, suspension or revocation of license.
Status: in_force

The department shall provide an applicant or licensee under this subchapter with written notice of any violation of this subchapter or any regulation relating to garbage feeding businesses. The written notice shall set forth the time within which the applicant or licensee must correct the condition. If an applicant or licensee fails to correct or eliminate such a violation within the time set forth in the written notice, the department may deny, suspend or revoke the license and seek other penalties as are authorized by this chapter.
3 Pa.C.S. § 10901 — PA Code / Title 3 / Chapter 109 / Section 10901
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Farm-to-School Act.
3 Pa.C.S. § 2109 — PA Code / Title 3 / Chapter 21 / Section 2109
Prohibitions.
Status: in_force

(a) Infected colonies, hives or appliances.--No person shall knowingly keep in his possession without proper treatment any colony of bees affected with any bee disease or expose any diseased colony or infected hive or appliance so that flying bees may have access to them.

(b) Infected bees.--No person shall sell, barter or give away, accept, receive or transport any bees affected with any bee disease.

(c) Hives.--No person shall keep or maintain honeybees in any hive other than a modern movable frame hive which permits thorough examination of every comb to determine the presence of bee disease. All other types of hives or receptacles for bees which are in use are hereby declared to be a public nuisance and a menace to the community, and the secretary, the chief apiary inspector or any apiary inspector may seize and destroy the hive or receptacle without remuneration to the owner.
3 Pa.C.S. § 4619 — PA Code / Title 3 / Chapter 46 / Section 4619
Rules and regulations.
Status: in_force

The department shall promulgate rules and regulations necessary to promote the efficient, uniform and Statewide administration of this chapter. For two years from the effective date of this section, the department shall have the power and authority to promulgate, adopt and use guidelines to implement the provisions of this chapter. The guidelines shall be published in the Pennsylvania Bulletin but shall not be subject to review under section 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, or the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. All guidelines shall expire no later than December 31, 2025, and shall be replaced by regulations which shall have been promulgated, adopted and published as provided under law.

(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. § 517 — PA Code / Title 3 / Chapter 5 / Section 517
Appealable actions.
Status: in_force

Any person aggrieved by an order or other administrative action of the commission issued pursuant to this chapter shall have the right, within 30 days from actual or constructive notice of the action, to appeal the action to the Environmental Hearing Board.
3 Pa.C.S. § 9337 — PA Code / Title 3 / Chapter 93 / Section 9337
Pennsylvania Sire Stakes Fund.
Status: in_force

(a) Establishment.--There is created a restricted account in the State Racing Fund to be known as the Pennsylvania Sire Stakes Fund which shall consist of the money deposited under section 9334 (relating to State Racing Fund and tax rate) and any provision of 4 Pa.C.S. Pt. II (relating to gaming) and which shall be administered by the commission.

(b) Distribution and use of funds.--Funds shall be distributed as follows:

(1) Sixty percent of the money remaining in the excess fund account of the Pennsylvania Sire Stakes Fund at the end of the calendar year in which this subsection is enacted shall be distributed to licensed racing entities that conduct standardbred horse race meetings to be used in the next succeeding calendar year as purse money for Pennsylvania-sired horses. The remaining 40% of the money in the excess fund account at the end of the calendar year of the enactment of this subsection, together with the interest earned on that money, shall be distributed to licensed racing entities that conduct standardbred horse race meetings to be used in the next succeeding calendar year as purse money for Pennsylvania-sired horses.

(2) After deduction of sufficient funds to cover the commission's cost of administration, 80% of all remaining money in the Pennsylvania Sire Stakes Fund at the end of the calendar year shall be distributed to licensed racing entities that conduct standardbred horse race meetings to be used as purse money for Pennsylvania-sired horses. The commission may allocate up to a total of 40% of the amount to be distributed to licensed racing entities in a calendar year for use for a series of championship final races at the racetracks of licensed business entities that conduct standardbred horse race meetings. The commission shall distribute the money to these championship final races in an equal amount for each sex, age and gait for two-year-old trotters and pacers and three-year-old trotters and pacers based on conditions establishing eligibility to these final events. No pari-mutuel standardbred racetrack shall be awarded more than 50% of the championship final races in any calendar year. The commission shall schedule these final events so as to evenly alternate classes at each racetrack each year. After the allocation for the championship final races has been determined, the remaining funds to be distributed to licensed racing entities that conduct

standardbred horse race meetings shall be divided equally among the licensed racing entities. Each licensed racing entity shall divide the funds received equally for each of:

(i) four two-year-old races; one pace for colts, one pace for fillies, one trot for colts and one trot for fillies; and

(ii) four three-year-old races; one pace for colts, one pace for fillies, one trot for colts and one trot for fillies.

(c) Purse money.--Each allotment shall provide purse money for the respective races. The purse money shall be in addition to any entry fees or other funds available.

(d) Entry restriction.--Entry for these races shall be limited to standardbred horses which were sired by a standardbred stallion regularly standing in Pennsylvania, and each race shall be designated a Pennsylvania sire stakes race. The commission shall adopt regulations as necessary to administer the entry restriction.

(e) Agricultural fairs and events.--

(1) The following shall apply:

(i) The remaining money in the Pennsylvania Sire Stakes Fund, up to a total of $75,000 for each agricultural fair and one-day or two-day events as defined in the commission's regulations, shall be divided equally among the agricultural fairs and one-day or two-day events.

(ii) No more than five one-day or two-day events may be authorized by the commission per year.

(iii) No more than two one-day or two-day events per county may be authorized by the commission except if, after a date established by the commission, the five events referenced under subparagraph (ii) conducting harness horse races for two-year-old and three-year-old harness horses have not been allocated.

(iv) Not less than $225,000 shall be allocated from the Pennsylvania Sire Stakes Fund and be divided equally among agricultural fairs and one-day or two-day events conducting harness horse races for two-year-old and three-year-old harness horses.

(2) Each fair or one-day or two-day event receiving funds under this subsection shall divide the total amount equally among all eligible races for two-year-old and three-year-old harness horses and shall apply the funds solely as additional purse funds. Only races to which entry is restricted to Pennsylvania-sired horses shall be eligible. The commission shall provide for and promulgate regulations necessary for the proper administration of racing provided for under this subsection, including, but not limited to, portable stall rentals at one-day or two-day events. Cross References. Section 9337 is referred to in section 1406 of Title 4 (Amusements).
3 Pa.C.S. § 9333 — PA Code / Title 3 / Chapter 93 / Section 9333
Filing of certain agreements with commission.
Status: in_force

A licensed racing entity shall promptly file with the commission any lease agreement concerning any concession, labor management relation, hiring of designated classes of officers, employees or contractors specified by the commission or any other contract or agreement as the commission may prescribe.
3 Pa.C.S. § 2502 — PA Code / Title 3 / Chapter 25 / Section 2502
Sanitation standards.
Status: in_force

(a) Minimum.--The following sanitation standards are required to minimize the risk of contracting a zoonotic disease at an animal exhibition:

(1) An operator shall promote public awareness of the risk of contracting a zoonotic disease at the animal exhibition and of the measures necessary to minimize the risk of contraction by posting appropriate notices at the animal exhibition.

(2) An adequate hand-cleansing facility for adults and children shall be conveniently located on the animal exhibition grounds. The operator shall post appropriate notices which designate the location of the hand-cleansing facility required by this paragraph and encourage the cleansing of hands after touching animals, using the restroom and before eating.

(3) A person may not bring an animal to an animal exhibition unless the person provides the operator with one of the following:

(i) Except as provided under subparagraph (ii), a valid Pennsylvania health certificate or interstate certificate of veterinary inspection.

(ii) A signed statement by the person attesting that a veterinarian consultation relationship exists with regard to each animal to be exhibited, if a Pennsylvania health certificate or interstate certificate of veterinary inspection is not specifically required under Chapter 23 (relating to domestic animals) and regulations promulgated under Chapter 23.

(b) Additional.--The department may promulgate additional sanitation standards through regulations. (June 27, 2013, P.L.172, No.31, eff. imd.) 2013 Amendment. Act 31 amended subsec. (a)(3).
3 Pa.C.S. § 704 — PA Code / Title 3 / Chapter 7 / Section 704
Growth and cultivation.
Status: in_force

(a) Authorization.--Industrial hemp may be grown or cultivated by the department or an institution of higher education for the purposes of research conducted under an agricultural pilot program in compliance with subsection (b), notwithstanding:

(1) The Controlled Substances Act (Public Law 91-513, 84 Stat. 1236, 21 U.S.C. § 801 et seq.).

(2) (Reserved).

(3) 41 U.S.C. Ch. 81 (relating to drug-free workplace).

(4) Section 4(1)(vii)1 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(5) 18 Pa.C.S. § 7508(a)(1) (relating to drug trafficking sentencing and penalties).

(6) Any other Federal law or State law.

(b) Manner.--Industrial hemp shall be grown or cultivated in a manner that complies with all of the following:

(1) Except as provided under subsection (c), only institutions of higher education and the department may grow or cultivate industrial hemp.

(2) Sites used for growing or cultivating industrial hemp must be certified, inspected and permitted by and registered with the department. The failure to permit inspection by the department shall be a violation of this chapter.

(c) Contracted growers.--

(1) The department, to the extent necessary to carry out the provisions of an agricultural pilot program, may contract with a person to grow or cultivate industrial hemp.

(2) An institution of higher education holding a permit from the department, to the extent necessary to carry out the provisions of an agricultural pilot program, may contract with a person to grow or cultivate industrial hemp.

(3) A contract between an institution of higher education and a person must incorporate the provisions of the permit issued to the institution of higher education and must require written approval from the department.

(4) A person with a contract to grow or cultivate industrial hemp must provide the following information:

(i) The name and mailing address of the person.

(ii) The legal description and global positioning coordinates sufficient to locate each site to be used to grow or cultivate industrial hemp.

(iii) A signed declaration indicating whether the person has ever been convicted of a felony or misdemeanor.

(5) A person with a contract under this subsection is subject to a grant of necessary permissions, waivers or other form of valid legal status by the United States Drug Enforcement Administration or other appropriate Federal agency pursuant to Federal laws relating to industrial hemp. The department may seek all-inclusive permissions, waivers or other forms of valid legal status from the United States Drug Enforcement Administration or other appropriate Federal agency pursuant to Federal laws relating to industrial hemp for all persons with a contract to grow or cultivate industrial hemp.

(6) Each contracted grower shall submit fingerprints to the Pennsylvania State Police for the purpose of obtaining criminal history record checks. The Pennsylvania State Police or its authorized agent shall submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the applicant and obtaining a current record of any criminal arrests and convictions. Any criminal history record information relating to contracted growers obtained under this paragraph by the department may be interpreted and used by the department only to determine the applicant's character, fitness and suitability to serve as contracted growers under this chapter.

(7) A person with a felony drug conviction within the past 10 years may not contract to grow or cultivate industrial hemp under this subsection.
3 Pa.C.S. § 2102 — PA Code / Title 3 / Chapter 21 / Section 2102
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:

"Apiary." Any place where one or more colonies or nuclei of bees are kept.

"Apiary yard." A fixed location or locations in this Commonwealth where an apiary is maintained on a continuing basis from which hives may be moved to temporary locations for crop pollination and returned.

"Appliance." Any apparatus, tool, machine or other device used in the handling and manipulating of bees, honey, wax and hives and any container of honey and wax which may be used in any apiary or in transporting bees and their products and apiary supplies.

"Bee." Any stage of the common hive or honeybee (Apis mellifera) or other species of the genus Apis.

"Bee disease." Any American or European foul brood, sac brood, bee paralysis or other disease or abnormal condition of eggs, larval, pupal or adult stages of the honeybee.

"Bureau." The Bureau of Plant Industry of the Department of Agriculture.

"Hive." Any frame hive, box hive, box, barrel, log, gum, skep or other receptacle or container, natural or artificial, or any part thereof, which may be used or employed as a domicile for bees.

"Owner of an apiary." Includes all colonies owned by an individual and located in any permanent location or locations within this Commonwealth.

"Queen apiary." Any apiary or premises in which queen bees are reared or kept for sale or gift.

"Violation." A violation of this chapter or any order or regulation promulgated under this chapter.
3 Pa.C.S. § 9334 — PA Code / Title 3 / Chapter 93 / Section 9334
State Racing Fund and tax rate.
Status: in_force

(a) Fund.--There is established in the State Treasury the State Racing Fund. For fiscal year 2015-2016, money in the fund is appropriated on a continuing basis to the department for the purposes of administering this chapter. Beginning on July 1, 2016, all money deposited in the fund, except money deposited in restricted accounts, shall be annually appropriated by the General Assembly for the administration and enforcement of this chapter and for the oversight and promotion of horse racing in this Commonwealth. A licensed racing entity that conducts horse race meetings or a secondary pari-mutuel organization shall pay a tax to the Department of Revenue for deposit in the State Racing Fund.

(b) Tax rate.--The tax imposed on a licensed racing entity or secondary pari-mutuel organization shall be 1.5% of the amount wagered each racing day on win, place or show wagers and 2.5% of the total amount on an exotic wager, including an exacta, daily double, quinella and trifecta wager.

(c) Expenditures.--Funds collected under subsection (b) and any interest shall be used as follows:

(1) For the administration and enforcement of this chapter including:

(i) Funds to the commission in an amount appropriated by the General Assembly.

(ii) Funds to the Department of Revenue in an amount appropriated by the General Assembly.

(2) If annual revenue under subsection (b) is sufficient to satisfy the requirement under paragraph (1), the remainder of the money shall be distributed as follows:

(i) Fifty percent shall remain in the State Racing Fund as a carry forward balance to the next fiscal year. Any carry forward balance shall be first applied to the cost of equine testing under section 9374 (relating to costs of enforcement of medication rules or regulations) and, if any still remains, for commission expenses as budgeted by the General Assembly.

(ii) Fifty percent shall be divided equally and distributed as follows:

(A) Twenty-five percent shall be paid by the Department of Revenue from the State Racing Fund for credit to the Pennsylvania Breeding Fund.

(B) Twenty-five percent shall be paid by the Department of Revenue from the State Racing Fund for credit to the Pennsylvania Sire Stakes Fund.

(d) Breakage.--All breakage retained under section 9335 (relating to pari-mutuel pool distribution) by licensed racing entities that conduct horse race meetings shall be distributed in the following manner:

(1) Thirty-seven and one-half percent of the breakage shall be paid to the Department of Revenue for credit to the State Racing Fund.

(2) Sixty-two and one-half percent of the breakage shall be retained by the licensed racing entity.

(e) Other revenues.--The State Racing Fund may also receive moneys from any other source, including, but not limited to appropriations made by the General Assembly. Cross References. Section 9334 is referred to in sections 9329, 9330, 9331, 9336, 9337, 9344 of this title; sections 13F08, 13F42, 13F43 of Title 4 (Amusements).
3 Pa.C.S. § 9329 — PA Code / Title 3 / Chapter 93 / Section 9329
Interstate simulcasting.
Status: in_force

(a) Host licensees.--The commission may approve the application of a licensed racing entity or secondary pari-mutuel organization to electronically simulcast horse races to and from this Commonwealth. Upon request by a licensed racing entity or secondary pari-mutuel organization, the commission may designate the entity as a host licensee, authorized to maintain common pari-mutuel pools on international and interstate races transmitted to and from the racetrack enclosures within this Commonwealth. All simulcasts of horse races shall comply with the provisions of the Interstate Horseracing Act of 1978 (Public Law 95-515, 15 U.S.C. § 3001 et seq.) and the laws of each state involved, placed or transmitted by an individual in one state via telephone, Internet or other electronic media and accepted and maintained in common pari-mutuel pools. The designation as a host licensee for international and interstate simulcast races shall be limited to licensed racing entities which comply with 4 Pa.C.S. § 1303(d) (relating to additional Category 1 slot machine license requirements).

(b) Simulcasts.--The following apply:

(1) Cross simulcasting of the races described in subsection (a) shall be permitted if all amounts wagered on the races in this Commonwealth are included in common pari-mutuel pools. A host licensee seeking permission to cross simulcast must obtain approval from the commission.

(2) All forms of pari-mutuel wagering shall be allowed on horse races simulcasted. The commission may permit pari-mutuel pools in this Commonwealth to be combined with pari-mutuel pools created under the laws of another jurisdiction and may permit pari-mutuel pools created under the laws of another jurisdiction to be combined with pari-mutuel pools in this Commonwealth. The commission shall promulgate regulations necessary to regulate wagering on televised simulcasts.

(c) Taxation.--Money wagered by patrons in this Commonwealth on horse races shall be computed by the amount of money wagered each racing day for purposes of taxation under section 9334 (relating to State Racing Fund and tax rate). Thoroughbred races shall be considered a part of a thoroughbred horse race meeting, and standardbred horse races shall be considered a part of a standardbred horse race meeting. Cross References. Section 9329 is referred to in sections 9330, 9331, 9344 of this title.
3 Pa.C.S. § 9319 — PA Code / Title 3 / Chapter 93 / Section 9319
Code of conduct.
Status: in_force

(a) Scope.--The commission may adopt a comprehensive code of conduct applicable to commissioners, employees of the commission, independent contractors and the immediate family of the commissioners, employees and independent contractors to enable them to avoid any perceived or actual conflict of interest and to promote public confidence in the integrity and impartiality of the commission.

(b) Restrictions.--In addition to the other prohibitions contained in this chapter, a commissioner shall:

(1) Not accept any discount, gift, gratuity, compensation, travel, lodging or other thing of value, directly or indirectly, from any applicant, licensed racing entity, affiliate, subsidiary or intermediary of an applicant or other licensee.

(2) Disclose a conflict of interest and recuse himself from any hearing or other proceeding in which the commissioner's objectivity, impartiality, integrity or independence of judgment may be reasonably questioned due to the commissioner's relationship or association with a party connected to any hearing or proceeding or a person appearing before the commission.

(3) Refrain from any financial or business dealing which would tend to reflect adversely on the commissioner's objectivity, impartiality or independence of judgment.

(4) Avoid impropriety and the appearance of impropriety at all times and observe standards and conduct that promote public confidence in the oversight of horse racing.

(5) Comply with any other laws, rules or regulations relating to the conduct of a commissioner.

(6) Except for a commissioner appointed under section 9311(b)(3) (relating to State Horse Racing Commission), not hold or campaign for public office, hold an office in any political party or political committee as defined in 4 Pa.C.S. § 1513(d) (relating to political influence), contribute to or solicit contributions to a political campaign, political party, political committee or candidate, publicly endorse a candidate or actively participate in a political campaign.

(c) (Reserved).

(d) Ex parte communications.--

(1) A commissioner, except the commissioner appointed under section 9311(b)(3), may not engage in any ex parte communication with any person.

(2) If a commissioner received or engaged in an ex parte communication, a commissioner shall inform the director of the appropriate bureau who shall notify all parties directly affected by the anticipated vote or action of the commissioner related to the ex parte communication of the substance of the communication and provide the parties with an opportunity to respond.

(3) A commissioner who engaged in or received an ex parte communication shall disqualify himself from the hearing or proceeding related to the ex parte communication if the context and substance of the communication creates substantial reasonable doubt as to a commissioner's ability to act objectively, independently or impartially.

(4) A commissioner who engaged in or received an ex parte communication and elects not to disqualify himself from the hearing or proceeding shall state the reasons for not disqualifying himself on the record prior to the commencement of the hearing or proceeding.

(5) (Reserved).

(6) Failure of a commissioner who received or engaged in an ex parte communication to disqualify himself under this subsection shall be grounds for appeal to a court of competent jurisdiction if the commission action being appealed could not have occurred without the participation of the commissioner.

(7) This subsection shall not preclude a commissioner from consulting with other commissioners individually if the consultation complies with 65 Pa.C.S. Ch. 7 (relating to open meetings) or with commission employees or independent contractors whose functions are to assist the commission in carrying out its adjudicative functions.
3 Pa.C.S. § 4174 — PA Code / Title 3 / Chapter 41 / Section 4174
Marking of approved weights and measures.
Status: in_force

It shall be unlawful to manufacture, offer or expose for sale or sell or give away for use in trade or commerce or to use in trade or commerce any weight or measure or weighing or measuring device unless it shall be conspicuously, clearly and permanently marked for purposes of identification with the name, initials or trademark of the manufacturer, and with the manufacturer's designation, which positively identifies the pattern or the design of the device and in such manner as may be prescribed by rules and regulations authorized by this subchapter, provided, however, that, whenever it shall appear to the satisfaction of the bureau that any type of weight or measure or weighing or measuring device is such as to render it impracticable to mark it as required by this section, the bureau shall furnish a certificate to that effect to any manufacturer applying for the same, and such weights and measures and weighing and measuring devices need not be marked as required by the provisions of this section.
3 Pa.C.S. § 6825 — PA Code / Title 3 / Chapter 68 / Section 6825
Enforcement and penalties.
Status: in_force

(a) Criminal penalties.--Unless otherwise specified, a person who violates a provision of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter:

(1) For the first offense, commits a summary offense and may, upon conviction, be sentenced for each offense to pay a fine of not less than $100 nor more than $500 and costs of prosecution or to imprisonment for a term which shall be fixed at not more than 90 days, or both.

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

(b) Civil penalties.--

(1) In addition to another remedy available at law or in equity for a violation of this chapter, the department may assess a civil penalty of not less than $500 nor more than $5,000 upon a person for each violation of this chapter. The civil penalty assessed shall be payable to the department and shall be collectible in any manner provided by law for the collection of debt.

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

(c) Trade secrets.--

(1) A person who to the person's own advantage uses or reveals to anyone other than the department, administrative tribunal or a court when relevant in a judicial proceeding information acquired under the authority of this chapter concerning a method, record, formulation or process that as a trade secret is entitled to protection under the law commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $500.

(2) This subsection shall not be construed to prohibit the department from exchanging information of a regulatory nature with governmental agencies of the Federal Government, agencies of this Commonwealth or another state.

(d) Certified copy of official analysis.--In a prosecution under this chapter involving the composition of a lot of fertilizer, a certified copy of the official analysis signed by the department shall be accepted as prima facie evidence of the composition.

(e) De minimis violations.--Nothing in this chapter shall be construed to require the department to report a violation and to institute seizure proceedings as a result of a de minimis violation of this chapter when the department concludes that

the public interest will be best served by a suitable notice of warning in writing.

(f) District attorney.--A district attorney to whom a criminal violation of this chapter is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
3 Pa.C.S. § 4169 — PA Code / Title 3 / Chapter 41 / Section 4169
Existing licenses.
Status: in_force

A person who holds a valid license issued under the act of July 19, 1935 (P.L.1356, No.427), referred to as the Solid Fuel Weight Regulation Law, or the act of April 28, 1961 (P.L.135, No.64), known as the Public Weighmaster's Act, immediately prior to the effective date of this subchapter shall, on the effective date of this subchapter, be deemed licensed by the department under this subchapter, and existing licenses shall continue to be valid until their respective expiration dates, unless sooner suspended or revoked. References in Text. The act of July 19, 1935 (P.L.1356, No.427), referred to as the Solid Fuel Weight Regulation Law, referred to in this section, was repealed by the act of December 18, 1996 (P.L.1028, No.155). The subject matter is now contained in Chapter 41 (Weights and Measures). The act of April 28, 1961 (P.L.135, No.64), known as the Public Weighmaster's Act, referred to in this section, was repealed by the act of December 18, 1996 (P.L.1028, No.155). The subject matter is now contained in Chapter 41 (Weights and Measures).
3 Pa.C.S. § 2381 — PA Code / Title 3 / Chapter 23 / Section 2381
Cooperation.
Status: in_force

In order to extend the efficiency of the department with regard to the administration and implementation of this chapter, the department is authorized to cooperate with the appropriate regulatory agencies of the Federal Government, any other state or foreign nation.
3 Pa.C.S. § 9301 — PA Code / Title 3 / Chapter 93 / Section 9301
Definitions.
Status: in_force

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

"Account." An account for account wagering with a specific identifiable record of deposits, wagers and withdrawals established by an account holder and managed by the licensed racing entity or secondary pari-mutuel organization.

"Account holder." An individual who successfully completed an application and for whom the licensed racing entity or secondary pari-mutuel organization has opened an account.

"Advance deposit account wagering system." A system by which wagers are debited and payouts are credited to an advance deposit account held by a licensed racing entity or secondary pari-mutuel organization on behalf of a person.

"Applicant." A person who, on his own behalf or on behalf of another, is applying for permission to engage in an act or activity which is regulated under the provisions of this chapter. If the applicant is a person other than an individual, the commission shall determine the associated persons whose qualifications are necessary as a precondition to the licensing of the applicant.

"Backside area." An area of the racetrack enclosure that is not generally accessible to the public and which includes, but is not limited to, a facility commonly referred to as a barn, paddock enclosure, track kitchen, recreation hall, backside employee quarters and training track and roadways providing access to the area. The term does not include an area of the racetrack enclosure which is generally accessible to the public, including the various buildings commonly referred to as the grandstand or the racing surface and walking ring.

"Breakage." The odd cents of redistributions to be made on contributions to pari-mutuel pools exceeding a sum equal to the next lowest multiple of 10.

"Clean letter of credit." A letter of credit which is available to the beneficiary against presentation of only a draft or receipt.

"Commission." The State Horse Racing Commission.

"Commissioner." An individual appointed to and sworn in as a member of the commission in accordance with section 9311(b) (relating to State Horse Racing Commission).

"Conviction." A finding of guilt or a plea of guilty or nolo contendere, whether or not a judgment of sentence has been imposed as determined by the law of the jurisdiction in which the prosecution was held. The term does not include a conviction that has been expunged or overturned or for which an individual has been pardoned or an order of accelerated rehabilitative disposition.

"Electronic wagering." A method of placing or transmitting a legal wager by an individual in this Commonwealth through telephone, electromechanical, computerized system or any other form of electronic media approved by the commission and accepted by a secondary pari-mutuel organization or a licensed racing entity or the licensed racing entity's approved off-track betting system located in this Commonwealth.

"Evergreen clause." A term in a letter of credit providing for automatic renewal of the letter of credit.

"Ex parte communication." An off-the-record communication engaged in or received by a commissioner of the commission regarding the merits of, or any fact in issue relating to, a pending matter before the commission or which may reasonably be expected to come before the commission in a contested on-the-record proceeding. The term shall not include:

(1) An off-the-record communication by a commissioner, the Department of Revenue, Pennsylvania State Police, Attorney General or other law enforcement official, prior to the beginning of the proceeding solely for the purpose of seeking clarification or correction to evidentiary materials intended for use in the proceedings.

(2) A communication between the commission or a commissioner and legal counsel.

"Felony." An offense under the laws of this Commonwealth or the laws of another jurisdiction, punishable by imprisonment for more than five years.

"Financial interest." An ownership, property, leasehold or other beneficial interest in an entity. The term shall not include an interest which is held or deemed to be held in any of the following:

(1) Securities that are held in a pension plan, profit-sharing plan, individual retirement account, tax-sheltered annuity, a plan established under section 457 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 457), or any successor provision, deferred compensation plan whether qualified or not qualified under the Internal Revenue Code of 1986, or any successor provision or other retirement plan that:

(i) Is not self-directed by the individual.

(ii) Is advised by an independent investment adviser who has sole authority to make investment decisions with respect to contributions made by the individual to these plans.

(2) A tuition account plan organized and operated under section 529 of the Internal Revenue Code of 1986 that is not self-directed by the individual.

(3) A mutual fund where the interest owned by the mutual fund in a licensed racing entity does not constitute a controlling interest as defined in 4 Pa.C.S. § 1103 (relating to definitions).

"Horse race meeting." A specified period and dates each year during which a licensed racing entity is authorized to

conduct live racing or pari-mutuel wagering as approved by the commission.

"Horse racing." Standardbred horse racing and thoroughbred horse racing.

"Horsemen's organization." A trade association which represents the majority of owners and trainers who own and race horses at a racetrack.

"Immediate family." A spouse, parent, brother, sister or child.

"Irrevocable clean letter of credit." A clean letter of credit which cannot be canceled or amended unless there is an agreement to cancel or amend among all parties to the letter of credit.

"Land mile." A unit of distance equal to 1,609.3 meters or 5,280 feet, as measured in a straight line.

"Licensed racing entity." Any person that has obtained a license to conduct live thoroughbred or harness horse race meetings respectively with pari-mutuel wagering from the commission.

"Licensee." The holder of a license issued under this chapter.

"Nominal change in ownership." The sale, pledge, encumbrance, execution of an option agreement or other transfer of less than 5% of the equity securities or other ownership interest of a person whose percentage ownership does not affect the decisions of the licensed racing entity.

"Nonprimary location." Any facility in which pari-mutuel wagering is conducted by a licensed racing entity under this chapter other than the racetrack where live racing is conducted.

"Ownership interest." Owning or holding, or being deemed to hold, debt or equity securities or other ownership interest or profit interest.

"Pari-mutuel wagering." A form of wagering, including manual, electronic, computerized and other forms as approved by the commission, on the outcome of a horse racing event in which all wagers are pooled and held by a licensed racing entity or secondary pari-mutuel organization for distribution of the total amount, less the deductions authorized by law, to holders of winning tickets.

"Person." Any natural person, corporation, foundation, organization, business trust, estate, limited liability company, license corporation, trust, partnership, limited liability partnership, association or any other form of legal business entity.

"Primary market area of a racetrack." The land area included in a circle drawn with the racetrack as the center and a radius of 35 land miles.

"Principal." Any of the following individuals associated with a partnership, trust association, limited liability company or corporation:

(1) The chairman and each member of the board of directors of a corporation.

(2) Each partner of a partnership and each participating member of a limited liability company.

(3) Each trustee and trust beneficiary of an association.

(4) The president or chief executive officer and each other officer, manager and employee who has policy-making or fiduciary responsibility within the organization.

(5) Each stockholder or other individual who owns, holds or controls, either directly or indirectly, 5% or more of stock or financial interest in the collective organization.

(6) Any other employee, agent, guardian, personal representative, lender or holder of indebtedness who has the power to exercise a significant influence over the applicant's or licensee's operation.

"Racetrack." The physical facility where a licensed racing entity conducts thoroughbred or standardbred horse race meetings respectively with pari-mutuel wagering.

"Racetrack enclosure." For purposes of this chapter, the term "racetrack enclosure," with respect to each licensed racing entity, shall be deemed to include at least one primary racetrack location at which horse race meetings authorized to be held by the licensed racing entities are conducted, including the grandstand, frontside and backside facilities and all primary, nonprimary, contiguous and noncontiguous locations of the licensed racing entity which are specifically approved by the commission for conducting the pari-mutuel system of wagering on the results of horse racing held at such meetings or race meetings conducted by another licensed racing entity or transmitted to such locations by simulcasting.

"Racing vendor." A person who provides goods or services to a licensed racing entity directly related to racing or the racing product, as determined by the commission.

"Secondary market area of a racetrack." The land area included in a circle drawn with the racetrack as the center and a radius of 50 land miles, not including the primary market area of the racetrack.

"Secondary pari-mutuel organization." A licensed entity, other than a licensed racing entity, that offers and accepts pari-mutuel wagers. A person or entity that provides to a licensed racing entity hardware, software, equipment, content or services used to manage, conduct, operate or record pari-mutuel wagering activity by or from residents of this Commonwealth shall not be deemed to be a secondary pari-mutuel organization solely by virtue of the provision of the assets or services.

"Simulcast." Live video and audio transmission of a race and pari-mutuel information for the purpose of pari-mutuel wagering at locations other than the racetrack where the race is run. "Standardbred horse racing" or "harness racing." A form of horse racing in which the horses participating are attached "in harness" to a sulky or other similar vehicle, at a specific gait, either a trot or pace.

"Substantial change in ownership." The sale, pledge, encumbrance, execution of an option agreement or another transfer of 5% or more of the equity securities or other ownership interest of a person whose percentage ownership affects the decisions of the licensed racing entity.

"Thoroughbred horse racing." The form of horse racing in which each participating horse is mounted by a jockey, is duly registered with The Jockey Club of New York and engages in horse racing on the flat, which may include a steeplechase or hurdle race.

"Totalisator." A computer system used to pool wagers, record sales, calculate payoffs and display wagering data on a display device that is located at a pari-mutuel facility or nonprimary location. Cross References. Section 9301 is referred to in section 1103 of Title 4 (Amusements).
3 Pa.C.S. § 5702 — PA Code / Title 3 / Chapter 57 / Section 5702
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:

"Bed and breakfast homestead or inn." A private residence which contains ten or fewer bedrooms used for providing overnight accommodations to the public and in which breakfast is the only meal served and is included in the charge for the room.

"Employee." The license holder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement or other person working in a retail food facility.

"Food employee." An individual working with unpackaged food, food equipment or utensils or food contact surfaces.

"License." A grant to a proprietor to operate a retail food facility.

"Licensor." Any of the following:

(1) The county department of health or joint-county department of health whenever a retail food facility is located in a political subdivision under the jurisdiction of a county department of health or joint-county department of health.

(2) The health authorities of cities, boroughs, incorporated towns and first class townships whenever a retail food facility is located in a city, borough, incorporated town or first class township not under the jurisdiction of a county department of health or joint-county department of health.

(3) The health authorities of second class townships and second class townships which have adopted a home rule charter which elect to issue licenses under this subchapter whenever a retail food facility is located in a second class township or second class township which has adopted a home rule charter not under the jurisdiction of a county department of health or joint-county department of health.

(4) The Department of Agriculture whenever a retail food facility is located in any other area of this Commonwealth.

"Organized camp." A combination of programs and facilities established for the primary purpose of providing an outdoor group living experience for children, youth and adults, with social, recreational and educational objectives, and operated and used for five or more consecutive days during one or more seasons of the year.

"Person in charge." A person designated by a retail food facility operator to be present at a retail food facility and responsible for the operation of the retail food facility at the time of inspection.

"Potentially hazardous food." The term shall have the same meaning as defined in the 2009 edition of the Food Code published by the Department of Health and Human Services, Food

and Drug Administration, or any successor document approved by regulation of the department.

"Proprietor." A person, partnership, association or corporation conducting or operating a retail food facility within this Commonwealth.

"Public eating or drinking place." A place within this Commonwealth where food or drink is served to or provided for the public, with or without charge. The term does not include dining cars operated by a railroad company in interstate commerce or a bed and breakfast homestead or inn.

"Raw agricultural commodity." As defined under section 5722 (relating to definitions).

"Retail food establishment." An establishment which stores, prepares, packages, vends, offers for sale or otherwise provides food for human consumption and which relinquishes possession of food to a consumer directly, or indirectly, through a delivery service such as home delivery of grocery orders or delivery service provided by common carriers. The term does not include dining cars operated by a railroad company in interstate commerce or a bed and breakfast homestead or inn.

"Retail food facility." A public eating or drinking place or a retail food establishment. Cross References. Section 5702 is referred to in sections 5722, 5742, 6502 of this title; section 17323 of Title 16 (Counties).
3 Pa.C.S. § 5104 — PA Code / Title 3 / Chapter 51 / Section 5104
Labeling.
Status: in_force

(a) Commercial feed labeling.--Any commercial feed distributed in this Commonwealth shall be accompanied by a legible label bearing the following information:

(1) The net weight.

(2) The product name and brand name, if any, under which the commercial feed is distributed.

(3) The guaranteed analysis stated in such terms as the secretary by regulation determines is required to advise the user of the composition of the feed to support the claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods from generally recognized sources such as the methods published by the Association of Official Analytical Chemists.

(4) The common or usual name of each ingredient used in the manufacture of the commercial feed. The department may by regulation permit the use of a collective term for a group of ingredients which perform a similar function or it may exempt such commercial feeds or any group thereof from this requirement of an ingredient statement if it finds that such statement is not required in the interest of consumers.

(5) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.

(6) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the department may require by regulation as necessary for their safe and effective use.

(7) Such warning or caution statements as the department by regulation determines are necessary for the safe and effective use of the commercial feed.

(b) Customer-formula feed labeling.--Customer-formula feed shall be accompanied by a label, invoice, delivery slip or other shipping document bearing the following information:

(1) The name and address of the manufacturer.

(2) The name and address of the purchaser.

(3) The date of delivery.

(4) The product name and brand name, if any, the net weight of each commercial feed used in the mixture and the net weight of each other ingredient used.

(5) Adequate directions for use of all customer-formula feeds containing drugs and for such other feeds as the department may require by regulation as necessary for their safe and effective use.

(6) Warning or caution statements as the department by regulation determines are necessary for the safe and effective use of the customer-formula feed. Cross References. Section 5104 is referred to in section 5107 of this title.
3 Pa.C.S. § 5737 — PA Code / Title 3 / Chapter 57 / Section 5737
Acts not affected.
Status: in_force

Nothing in this subchapter shall be construed to abrogate or supersede any provision or regulation adopted under:

(1) The act of July 2, 1935 (P.L.589, No.210), referred to as the Milk Sanitation Law, the act of August 8, 1961 (P.L.975, No.436), referred to as the Milk Adulteration and Labeling Act, and the act of September 1, 1965 (P.L.420, No.215), known as The Frozen Dessert Law.

(2)
3 Pa.C.S. § 5113 — PA Code / Title 3 / Chapter 51 / Section 5113
Civil remedy.
Status: in_force

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

restrain any and all violations of this chapter or the regulations promulgated under this chapter or any order issued pursuant to this chapter from which no timely appeal has been taken or which has been sustained on appeal. In any such proceeding, the court shall upon motion of the Commonwealth issue a preliminary injunction if it finds that the defendant is engaging in conduct 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 these proceedings. In addition to an injunction, the court may levy civil penalties as provided by this chapter.
3 Pa.C.S. § 6501 — PA Code / Title 3 / Chapter 65 / Section 6501
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Food Employee Certification Act.
3 Pa.C.S. § 515 — PA Code / Title 3 / Chapter 5 / Section 515
Limitation of liability.
Status: in_force

If a person is fully and properly implementing a nutrient management plan or an odor management plan approved by the local conservation district or the commission and maintained under this chapter for an agricultural operation, the implementation shall be given appropriate consideration as a mitigating factor in any civil action for penalties or damages alleged to have been caused by the management or utilization of nutrients or the abatement of odor impacts pursuant to the implementation.
3 Pa.C.S. § 4175 — PA Code / Title 3 / Chapter 41 / Section 4175
Marking of weights and measures "not legal for trade." It shall be conclusively presumed that a weight or measure or weighing or measuring device is intended for use in trade or commerce if it is manufactured, offered or exposed for sale or sold for use in this Commonwealth, or is used therein, unless it shall bear a plain, legible, conspicuous and permanent statement to this effect: "Not legal for trade." It shall be unlawful to use in trade or commerce any weight or measure or
Status: in_force

weighing or measuring device which is marked as described above, provided, however, that, whenever it shall appear to the satisfaction of the bureau that any type of weight or measure or weighing or measuring device is such as to render it impracticable to mark it as required by this section or is of such design and construction that it is obviously not intended for use in trade or commerce, the bureau shall furnish a certificate to that effect to any manufacturer applying for the same, and such types of weights and measures and weighing and measuring devices need not be marked as required by the provisions of this section.
3 Pa.C.S. § 6902 — PA Code / Title 3 / Chapter 69 / Section 6902
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:

"Active ingredient." A soil-amending or plant-amending ingredient that is not a plant nutrient.

"Brand." The term, designation, trademark, product name or other specific designation under which individual soil amendments or plant amendments are offered for sale.

"Consumer." A person who purchases a soil amendment or plant amendment for the end use of the product.

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

"Distribute." To import, consign, offer for sale, sell, barter or otherwise supply soil amendments and plant amendments in this Commonwealth.

"Facility." Each separate mill or plant manufacturing a soil amendment or plant amendment.

"Guarantor." The person whose name and address appears on the label of a soil amendment or plant amendment.

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

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

"Manufacture." To produce, mix, blend, repackage or further process a soil amendment, plant amendment, soil-amending ingredient or plant-amending ingredient for distribution.

"Minimum percentage." That percent of soil-amending ingredient or plant-amending ingredient that must be present in a product before the product will be accepted for registration.

"Official sample." A sample of soil amendment or plant amendment taken by the department or its agent to effect the provisions of this chapter and designated as official.

"Other ingredients." Non-soil-amending or non-plant-amending inert ingredients present in soil amendments or plant amendments.

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

"Plant amendment." Any substance applied to plants or seeds which is intended to improve germination, growth, yield, product quality, reproduction, flavor or other desirable characteristics of plants, except fertilizers, soil amendments, agricultural liming materials, unmanipulated animal and vegetable manures, pesticides and other materials which may be exempted by regulation.

"Plant-amending ingredient." A substance that will improve germination, growth, yield, product quality, reproduction, flavor or other desirable characteristics of plant.

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

"Soil amendment." Any substance which is intended to change the chemical or physical characteristics of soil. The term does not include fertilizers, agriculture liming materials, unmanipulated animal and vegetable manures, pesticides and other materials exempted by regulation.

"Soil-amending ingredient." A substance which changes the chemical or physical characteristics of soil.

"Tolerance." A permitted variation from the guarantee of an official sample of soil amendment or plant amendment.
3 Pa.C.S. § 4192 — PA Code / Title 3 / Chapter 41 / Section 4192
Temporary or permanent injunctions.
Status: in_force

In addition to any other remedies provided in this chapter, the department may apply to the Commonwealth Court or to any other court having jurisdiction for a temporary or permanent injunction restraining a person from violating any provision of this chapter or any regulation adopted under this chapter, regardless of whether there exists an adequate remedy at law. Cross References. Section 4192 is referred to in sections 4121, 4122 of this title.
3 Pa.C.S. § 514 — PA Code / Title 3 / Chapter 5 / Section 514
Civil penalties and remedies.
Status: in_force

(a) Civil penalty.--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, order issued or odor management plan or nutrient management plan approved under this chapter, the commission may assess a civil penalty of not more than $500 for the first day of each offense and $100 for each additional day of continuing violation. The factors for consideration in determining the amount of the penalty are:

(1) The gravity of the violation.

(2) The potential harm to the public.

(3) The potential effect on the environment.

(4) The willfulness of the violation.

(5) Previous violations.

(6) The economic benefit to the violator for failing to comply with this chapter. Whenever the commission finds that a violation did not cause harm to human health or an adverse effect on the environment, the commission may issue a warning in lieu of assessing a penalty where the owner or operator, upon notice, takes immediate action to resolve the violation and come into compliance. If the commission finds the nutrient pollution or the danger of nutrient pollution or the negative impacts from odor associated with new or expanded facilities results from conditions, activities or practices which are being or have been implemented in accordance with a nutrient management plan or odor management plan developed and approved pursuant to and consistent with this chapter and the regulations developed under this chapter and which is being or has been fully implemented and maintained, the owner or operator of the agricultural operation shall be exempt from the imposition of penalties under this chapter.

(b) Collection.--In cases of inability to collect the civil penalty or failure of any person to pay all or a portion of the penalty, the commission may refer the matter to the Office of General Counsel or the Office of Attorney General which shall institute an action in the appropriate court to recover the penalty. Any penalty assessed shall act as a lien on the property of the person against whom the penalty has been assessed.

(c) Civil remedies.--In addition to any other remedies provided for in this chapter, any violation of this chapter, the rules and regulations promulgated under this chapter or any order or nutrient management plan or odor management plan approved under this chapter shall be abatable in the manner provided by law or equity for the abatement of public nuisances. In addition, in order to restrain or prevent any violation of this chapter or the rules and regulations promulgated under this chapter or any order or nutrient management plan or odor management plan approved under this chapter, suits may be instituted in equity or at law in the name of the Commonwealth upon relation of the Attorney General, the General Counsel, the district attorney of any county, the solicitor of any municipality affected or the solicitor of any conservation district, provided that the General Counsel, district attorney or solicitor shall first serve notice upon the Attorney General of the intention to so proceed. These proceedings may be prosecuted in the Commonwealth Court or in the court of common pleas of the county where the activity has taken place, the condition exists or the public is affected, and, to that end, jurisdiction is hereby conferred in law and equity upon these courts. Except in cases of emergency where, in the opinion of the court, the exigencies of the case require immediate abatement of the nuisance, the court may in its decree fix a

reasonable time during which the person responsible for the nuisance may make provision for the abatement of same.

(d) Equitable relief.--In cases where the circumstances require it or the public health is endangered, a mandatory preliminary injunction, special injunction or temporary restraining order may be issued upon the terms prescribed by the court, provided that notice of the application has been given to the defendant in accordance with the rules of equity practice. In any such proceeding the Attorney General, the General Counsel, the district attorney or the solicitor of any municipality or conservation district shall not be required to give bond. In any such proceeding, the court shall issue a prohibitory or mandatory preliminary injunction if it finds that the defendant is engaging in unlawful conduct as defined by this chapter or is engaged in conduct which is causing immediate and irreparable harm to the public. In addition to an injunction, the court in such equity proceeding may assess civil penalties in accordance with this section.
3 Pa.C.S. § 6812 — PA Code / Title 3 / Chapter 68 / Section 6812
Application of fertilizer.
Status: in_force

(a) Restrictions.--

(1) No person may apply nonaquatic fertilizer within 15 feet of the top of a bank of a lake, pond, wetlands or flowing body of water, such as a stream, river or creek, except that fertilizer may be applied to the top of the bank of the waterways if applied using a drop spreader, rotary spreader with deflector, targeted spray liquid or other available targeted application technology when establishing and maintaining a stream buffer zone.

(2) The establishment of setbacks for fertilizer application under this subsection shall not be construed to preclude the establishment or applicability of or required compliance with any other environmental standard established under other Federal or State law, rule or regulation.

(b) Regulation.--The department may establish additional restrictions through regulation.

(c) Construction.--Nothing in this section shall be construed to prohibit the lawful use of fertilizer in blasting as regulated by the Department of Environmental Protection.
3 Pa.C.S. § 2702 — PA Code / Title 3 / Chapter 27 / Section 2702
Registration.
Status: in_force

Any person who holds himself out to the public as a taxidermist or mounts any specimen shall register with the department on a form prescribed by the department. The registration shall include at a minimum the person's name, the business name, the address and telephone number and the person's or business tax identification number. For purposes of this section, the tax identification number may include any of the following:

(1) Federal employer identification number.

(2) Unemployment compensation account number.

(3) Social Security number.

(4) State personal income tax identification number.

(5) State sales tax number.

(6) Corporation tax number.

(7) State employer withholding number.

(8) Any other identification number acceptable to the department.
3 Pa.C.S. § 4122 — PA Code / Title 3 / Chapter 41 / Section 4122
City and county sealers and deputy sealers of weights and measures; appointment, powers and duties.
Status: in_force

(a) Appointment.--The mayors of cities of the second and third class, and the several boards of county commissioners, may, respectively, appoint one or more persons to serve as sealers of weights and measures in the respective county or city. In cities of the first class, the sealers shall be appointed by the county commissioners of the county in which the said city may be located. Nothing in this section shall be construed to prevent two or more counties, or any county and city, from combining the whole or any part of their jurisdictions, as may be agreed upon by the board of county commissioners and mayors of cities, with one set of standards and one sealer upon the written consent of the department. Any sealer appointed pursuant to an agreement for such combination shall, subject to the terms of his appointment, have the same authority and duties as if he had been appointed by each of the authorities who are parties to the agreement.

(b) Powers and duties.--The sealer of a city or of a county and his deputy sealers, when acting under his instructions and at his direction, shall, but only to the extent delegated by the department pursuant to section 4121 (relating to powers and duties of director and inspector) and memorialized in a memorandum of understanding executed pursuant to section 4125 (relating to division of responsibilities), have the same powers and shall perform the same duties within the city or the county for which appointed as are granted to and imposed upon the director by sections 4112 (relating to general testing and inspections), 4116 (relating to investigations), 4117 (relating to inspection of packages), 4118 (relating to stop-use, stop-removal and removal orders), 4119 (relating to disposition of correct and incorrect apparatus), 4120 (relating to police powers; right of entry and stoppage) and 4192 (relating to temporary or permanent injunctions). Cross References. Section 4122 is referred to in section 4121 of this title.
3 Pa.C.S. § 2343 — PA Code / Title 3 / Chapter 23 / Section 2343
Licensure of agents.
Status: in_force

(a) General rule.--Except as provided in subsection (b), a domestic animal or dead domestic animal dealer or hauler who applies for or holds a dealer's or hauler's license may designate any person to act as an agent on behalf of that dealer or hauler. The designation shall be made either on the domestic animal or dead domestic animal dealer's or hauler's license application form or by a written notice to the department requesting the issuance of an agent's license. The department may require such additional information as is necessary to determine the identity, competency and eligibility of an applicant for an agent's license. A dealer or hauler shall be accountable and responsible for contracts made by any of its licensed agents.

(b) Exception.--Notwithstanding subsection (a), a dealer of dogs may not designate a person to act as an agent on behalf of the dealer.
3 Pa.C.S. § 10703 — PA Code / Title 3 / Chapter 107 / Section 10703
Grant program.
Status: in_force

(a) Availability.--Grants under this chapter shall only be offered to the extent funding is made available to the department. The following apply:

(1) If funding is exhausted or otherwise unavailable, the department shall be under no obligation to provide grants under this chapter.

(2) Grant money may be prorated or offered as a percentage of actual costs, as determined by the department and set forth in an order by the secretary, to spread available money to a larger number of eligible projects. The secretary shall transmit notice of an order to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(b) Reimbursement grants.--Grants under this chapter shall be reimbursement grants. The following shall apply:

(1) The amount of a grant shall be based on actual eligible costs submitted by an approved applicant for an approved project.

(2) Grant money shall not exceed 85% of the costs of an eligible project.

(3) Grant money shall not be used to reimburse any portion of an in-kind contribution to an eligible project.

(4) Grant money may not be used to pay or reimburse wages or salaries of grant recipient staff.

(5) Grant money may not be used to reimburse any portion of the project costs which are being paid or reimbursed under another Federal or State grant program.

(6) A single applicant may not be awarded more than $100,000 in grants in any five-year period, calculated from the date the department awards the grant.

(c) Eligibility.--A person may apply to the department, in accordance with the program standards and requirements under subsection (d), for a determination by the department that a project is an eligible project that may receive a reimbursement grant under this chapter.

(d) Program standards and requirements.--The department shall, consistent with this chapter and any appropriation of money for grants under this chapter, establish the terms and conditions for the application process for program reimbursement grants, including the maximum reimbursement grant amount an applicant may receive in any single fiscal year. The department shall transmit notice of the requirements to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(e) Application procedure.--An applicant who desires to receive a program reimbursement grant shall submit a grant application on a form provided by the department and in accordance with program standards and requirements. The application shall contain the following information and other information as required by the department:

(1) The applicant's name, business address and contact information.

(2) The details of the project for which reimbursement grant money is sought, including the following:

(i) A project budget.

(ii) A statement of the maximum amount of grant money sought for the project.

(iii) A project construction and implementation schedule.

(iv) A narrative identifying each entity that will assist in, participate in and benefit from the project.

(v) A description of how the project would improve agricultural infrastructure in an urban area.

(vi) A description of how the project improves or facilitates the aggregation of agricultural products in an urban area.

(vii) A description of how the project entails the sharing of resources among urban agricultural operations agricultural producers or community organizations.

(viii) A description of how the project supports community or economic development in the project area.

(ix) An attestation signed by the applicant, verifying the accuracy of the information presented on the application.

(x) Other information as the department may reasonably require.

(f) Grant awards.--The department shall award grants to applicants in accordance with this chapter and the applicable program standards and requirements. (July 7, 2022, P.L.504, No.52, eff. imd.) 2022 Amendment. Act 52 amended subsecs. (a), (b) and

(e)(2)(ii) and (viii).
3 Pa.C.S. § 2380.3 — PA Code / Title 3 / Chapter 23 / Section 2380.3
Application.
Status: in_force

(a) Form.--An application for licensure, including license renewal, must be made on a form prescribed by the department.

(b) Fee.--An application for a license or for renewal of a license shall be accompanied by a fee of $150. Notwithstanding any other provision of this chapter to the contrary, license fees collected under this section shall be deposited in the Cervidae Livestock Operation Account, which is established as a restricted account in the State Treasury. Moneys in the Cervidae Livestock Operation Account are appropriated on a continuing basis to the department for the purpose of administering this subchapter. All interest and earnings received from investment or deposit of the moneys in the Cervidae Livestock Operation Account shall be paid into the account for the purpose authorized by this subsection. Any unexpended moneys and any interest or earnings on the money in the Cervidae Livestock Operation Account may not be transferred or revert to the General Fund but shall remain in the account to be used by the department for the purpose specified in this subsection. (Nov. 23, 2010, P.L.1142, No.116, eff. 60 days)
3 Pa.C.S. § 5103 — PA Code / Title 3 / Chapter 51 / Section 5103
Licensing.
Status: in_force

(a) General rule.--Every person engaged in the manufacture of commercial feed or customer-formula feed to be distributed in this Commonwealth and each guarantor of the feed shall, on January 1 of each year or prior to manufacture or distribution of the feed, obtain a license for each manufacturing facility located in this Commonwealth and for each guarantor by completing a form furnished by the department and paying a $25 application fee. Upon approval by the department, a copy of the license shall be furnished to the applicant and, in the case of manufacturers, displayed in the facility. The department may require an applicant for a license or a current licensee to submit any labeling the applicant is using or intends to use for commercial feed.

(b) Denial of license.--The department may refuse the license of any person not in compliance with the provisions of this chapter or cancel the license of any person found not in compliance with any provision of this chapter. A license may not be refused or canceled until the applicant or licensee has been given an opportunity to be heard before the department. Cross References. Section 5103 is referred to in section 4114 of this title.
3 Pa.C.S. § 4180 — PA Code / Title 3 / Chapter 41 / Section 4180
Meter required.
Status: in_force

(a) Metered vehicle.--No person shall deliver light fuel oils to any domestic consumer unless the vehicle by which such light fuel oils are delivered is equipped with a meter of a type capable of furnishing a printed delivery ticket approved under provisions of Subchapter D (relating to device type approval). Each meter-printed delivery ticket shall bear a printed nonrepetitive serial number. All deliveries of light fuel oil to domestic consumers shall be made by the use of a meter and a meter-printed delivery ticket rendered the domestic consumer at the time of delivery or with the invoice. For meters equipped with the capability of issuing an electronic receipt, ticket or other recorded representation, the domestic consumer may be given the option to receive the meter-printed delivery ticket electronically in lieu of or in addition to a printed delivery ticket. A seller or deliverer may not impose a separate fee for domestic consumers to accept or receive a delivery ticket by any method, including a meter-printed delivery ticket or electronic version of the meter-printed delivery ticket. The seller or deliverer shall maintain the receipts for two years in an orderly and retrievable manner.

(b) Delivery tickets.--The delivery tickets required under subsection (a) shall be of a type approved by the department and shall include the following information:

(1) The vendor's name and address.

(2) The date and time of delivery.

(3) The purchaser's name and address.

(4) Product identification.

(5) The driver's signature or employee number.

(6) The delivery vehicle's permanently assigned company truck number.

(7) The price per gallon.

(8) The volume in terms of gallons to the nearest one-tenth of a gallon.

(c) Electronic delivery ticket.--

(1) An electronic delivery ticket may only be provided to the domestic consumer if agreed to by the domestic consumer and if the technology is available to the deliverer of light fuel oils.

(2) The electronic delivery ticket shall contain all information required under subsection (b). (July 17, 2024, P.L.851, No.76, eff. imd.) 2024 Amendment. Act 76 amended subsec. (a) and added subsec.

(c).
3 Pa.C.S. § 4705 — PA Code / Title 3 / Chapter 47 / Section 4705
Powers and duties of department.
Status: in_force

(a) Administration of chapter.--Subject to the conditions contained in this chapter, the department shall administer this chapter and shall exercise all administrative powers necessary to effectuate the purposes of this chapter, including, but not limited to, drafting and entering into agreements necessary to implement this chapter, establishing eligibility criteria for crop insurance financial assistance and developing an application and application procedure for crop insurance financial assistance, including time frames for the submission, review and approval of applications.

(b) Drafting and entering agreements.--The department is authorized to draft and enter into agreements with Federal agencies, other Commonwealth agencies and private entities as necessary to implement this chapter.

(c) Regulations.--The department is authorized to promulgate any regulations that may be necessary to implement this chapter.
3 Pa.C.S. § 4510 — PA Code / Title 3 / Chapter 45 / Section 4510
Collection of fees.
Status: in_force

(a) General rule.--Any marketing program issued pursuant to this chapter shall provide for the collection of fees to defray the necessary expenses incurred in the formation, issuance, administration and enforcement of the marketing program and shall include the amount, time, method and condition of payment. Fees to be charged shall not be in excess of that which will generate revenues of 5% of the gross market value of production and marketing of the commodity subject to the marketing program. Each and every producer affected by any marketing program issued under this chapter shall pay to the secretary at the time and in the manner as prescribed by the program as adopted the charges provided by this subsection.

(b) Collection by sales agents.--For the convenience of making collections of any producer charges established pursuant to this section, the secretary shall have the authority and

may, by regulation, upon the request of a commodity marketing board, require sales agents to collect producer charges upon the sale of the agricultural commodity.

(c) Appropriation.--Any money collected by the secretary under this chapter is hereby specifically appropriated to the department for the administration of the marketing programs for which they were collected. When a marketing program is discontinued, the surplus money shall be made available for the administration of this chapter or of future marketing programs involving the same commodity.

(d) Auditing standards.--Each board shall adopt and publish a set of auditing standards, consistent with generally accepted auditing standards, against which the moneys it collects pursuant to this chapter and expends in accordance with the terms of this chapter can be audited. Each board shall engage an outside auditing firm to conduct annually an audit of its collections and expenditures. An audit under Federal law or regulation may be accepted by the board as long as it meets the minimum standards established under this section. Cross References. Section 4510 is referred to in section 4504 of this title.
3 Pa.C.S. § 4808 — PA Code / Title 3 / Chapter 48 / Section 4808
Disposition of grants.
Status: in_force

(a) Written agreement.--The department may require a written agreement describing the terms and conditions of the grant.

(b) Return of grant money.--The department may establish criteria under which the secretary may demand the return of all or a portion of the grant money.
3 Pa.C.S. § 4127 — PA Code / Title 3 / Chapter 41 / Section 4127
Method of sale of commodities.
Status: in_force

(a) Liquid commodities.--General commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this subchapter, commodities not in liquid form shall be sold only by weight, measure of length or area or by count. Liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold.

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

(1) commodities when sold for immediate consumption on the premises where sold;

(2) vegetables when sold by the head or bunch;

(3) commodities in containers standardized by Federal or State law;

(4) commodities in package form when there exists a general consumer usage to express the quantity in some other manner;

(5) concrete aggregates, concrete mixtures and loose solid materials such as earth, soil, gravel, crushed stone and the like when sold by cubic measure; or

(6) unprocessed vegetable and animal fertilizer when sold by cubic measure.

(c) Regulations.--The department may issue such reasonable regulations as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest. In issuing these regulations, the department shall recognize the method of sale of commodities as stated in the National Institute of Standards and Technology Handbook 130, except as otherwise modified, amended or rejected by regulation.
3 Pa.C.S. § 1502 — PA Code / Title 3 / Chapter 15 / Section 1502
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:

"Class A noxious weed." A weed listed in section 1519(a) (relating to noxious weed list) or a weed that has been determined by the committee to be a Class A noxious weed and that:

(1) Is established in this Commonwealth.

(2) Is geographically limited.

(3) Is intended to be eradicated.

"Class B noxious weed." A weed listed in section 1519(b) or a weed that has been determined by the committee to be a Class B noxious weed and that:

(1) Is widely established in this Commonwealth.

(2) Cannot feasibly be eradicated.

"Class C noxious weed." A weed listed in section 1519(c) or a weed that has been determined by the committee to be a Class C noxious weed and that:

(1) Is not known to exist in this Commonwealth.

(2) Poses a potential threat if introduced in this Commonwealth.

"Committee." The Controlled Plant and Noxious Weed Committee established in section 1511 (relating to designation of noxious weeds and controlled plants).

"Control." The management of the population of a noxious weed or controlled plant to an acceptable level, including eradication, as determined by the department.

"Control order." A written order issued by the department to a person detailing required treatment measures to control noxious weeds or controlled plants.

"Controlled plant." A plant species or subspecies that has been designated by the committee as a controlled plant and is regulated to prevent uncontained growth and to negate undesirable characteristics. "Distribute" or "distribution." To barter, consign, exchange, give away, import, in any way transfer, offer for sale, sell or otherwise supply or transport a noxious weed or controlled plant in this Commonwealth.

"Eradication." The elimination or removal of a noxious weed or controlled plant so that no further growth occurs for at least three consecutive years.

"Established." When used in reference to a plant population, either:

(1) a plant or plant population found growing in this Commonwealth as a wild population and capable of reproduction; or

(2) a plant that has escaped from cultivation and is reproducing.

"Federal noxious weed." A weed listed in 7 CFR 360.200 (relating to designation of noxious weeds).

"General permit." A Statewide or regional permit that is issued by the department for a controlled plant and specifies terms and conditions for distribution, cultivation or propagation of the controlled plant.

"Geographically limited." Found in discrete, limited locations of this Commonwealth.

"Individual permit." A permit that is issued by the department and includes site-specific terms and conditions for:

(1) research, marketing, warehousing, holding, retailing, wholesaling, transporting, distributing, cultivating or propagating of a controlled plant; or

(2) research and educational purposes related to a noxious weed.

"Landowner."

(1) A person:

(i) In whom is vested the title of property.

(ii) With any rights in real property that permit possession or control of surface activities on the real property.

(2) The term includes a department, board, commission, agency and instrumentality of the Federal Government and the Commonwealth and any of its political subdivisions.

"Lessee." A person who has entered into a contract granting the person occupation or use of property during a certain period of time in exchange for a specified rent.

"Noxious weed." Either:

(1) a plant part or plant in any stage of development that is determined to be injurious to crops, livestock, agricultural land or other property, including forest land and bodies of water; or

(2) any weed listed in 7 CFR 360.200.

"Noxious weed control area." A geographic area of this Commonwealth, including the entire State, municipality or any part or tract of land or body of water where a noxious weed is to be controlled as prescribed under this chapter.

"Person." An individual, corporation, association, partnership, municipality or any other entity. "Plant Pest Management Account" or "account." The Plant Pest Management Account established under the act of December 16, 1992 (P.L.1228, No.162), known as the Plant Pest Act.

"Propagate." To increase, multiply or spread a plant or crop through planting, cultivation or any means of reproduction.

"Stop-sale order." A written notice, issued by the department to the person in possession of a noxious weed or controlled plant, which prohibits its distribution.

"Treatment measure." A method of eradicating, managing, regulating or controlling noxious weeds or controlled plants utilizing biological, chemical or mechanical means or a combination thereof.

"Widely established." Established throughout multiple counties or municipalities of this Commonwealth. Cross References. Section 1502 is referred to in section 11102 of this title.