2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1521 - Powers and duties of secretary and department

§ 1521. Powers and duties of secretary and department.
(a) General rule.--
The secretary shall enforce this chapter and may employ all proper means for the enforcement of this chapter, including issuing notices of violation and orders, filing violations for criminal prosecution, seeking injunctive relief, imposing civil penalties and entering into consent agreements.
(b) General powers and duties of department.--
The department, in carrying out the provisions of this chapter and in addition to all other authority granted to the secretary and the department by this chapter, shall have the authority to:
(1) Issue and enforce a written control order to any person in possession of a noxious weed or controlled plant.
(2) Issue and enforce written permits and permit requirements to any person who wishes to research, market, hold, warehouse, retail, wholesale, propagate, transport, cultivate or distribute a noxious weed or controlled plant under the terms and conditions as are reasonably required to carry out the provisions of this chapter.
(3) Utilize any enforcement tool authorized by this chapter to control, remediate, contain or eradicate a noxious weed or controlled plant.
(4) Recover, from the noncomplying person or landowner, expenses and costs incurred in the enforcement and compliance actions. The department may impose additional civil or criminal penalties for failure to comply. The penalties shall include the reasonable cost of eradication and compliance expenses incurred by the department.
(5) If the department is denied access to any building, conveyance, equipment, land or vehicle where the access was sought for the purposes and under the authority set forth in this chapter, the secretary may apply to any issuing authority for a search warrant authorizing access to the building, conveyance, equipment, land or vehicle for that purpose. The court may, upon application by the department, issue the search warrant for the purposes requested.
(c) Right of entry and inspection.--
In the performance of the duties required by this chapter, the department and its inspectors, employees and agents shall have access, during reasonable hours, to inspect the land and premises and any areas of the land and premises, including buildings and conveyances, that are or will be utilized for permitted activities.
(d) Search warrants.--
(1) If an inspector, employee or agent of the department has probable cause to believe a noxious weed or controlled plant exists on a property or premises, the department's inspector, employee or agent may, upon oath or affirmation, declare before a court of competent jurisdiction that the inspector, employee or agent has probable cause to believe that noxious weeds or controlled plants exist on the land or premises.
(2) Upon review of the declaration, the court may issue a search warrant for the property or premises. The search warrant shall describe the property or premises, which may be searched under authority of the search warrant, but need not describe the exact or all possible noxious weeds or controlled plants that exist or may exist on the property or premises.
(3) It shall be sufficient probable cause to show either of the following:
(i) That, in cases involving a person who holds an individual permit or general permit under this chapter, the inspector, employee or agent has been refused or delayed entry for the purpose of inspection.
(ii) The inspector, employee or agent has reasonable grounds to believe that a violation of this chapter or regulations promulgated or orders issued under the authority of this chapter has been or is occurring.
(e) Inspections and sampling authority.--
(1) The department, through its inspectors, employees and agents, may inspect any land, premises, buildings, vehicles, vessels, articles, locations, machinery, conveyances or other places of a person holding a permit under this chapter.
(2) The department may inspect any records required to be kept under an individual permit or general permit and any attendant orders and regulations.
(3) The department may collect samples and take pictures of any noxious weeds or controlled plants.
(f) Delegation.--
The secretary may delegate any power or duty under this chapter to an agent acting on behalf of the department, with the exception of the powers and duties of the committee.