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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1512 - Permits

§ 1512. Permits.
(a) General rule.--
The following permitting rules apply to noxious weeds for research or educational purposes and to controlled plants for research or marketing purposes, cultivation, propagation, storing, warehousing or display and for retail, wholesale or distribution:
(1) For noxious weeds, the department may issue individual permits. A permit may allow for the cultivation and propagation of a noxious weed for research and educational purposes only. The department shall establish the criteria for a noxious weed individual permit through the issuance of a temporary order, as set forth in section 1514(4) (relating to individual permits).
(2) For controlled plants, the department may issue individual permits or general permits. The department shall establish the criteria for a controlled plant individual permit through the issuance of a temporary order as specified under section 1514(4).
(b) Permit required.--
No person may research, market, distribute, transport, cultivate, hold, retail, wholesale, propagate or display a noxious weed or controlled plant without obtaining a permit from the department in accordance with the provisions of this chapter.
(c) Notice of closing, change of name or moving location.--
(1) Any person who holds a permit under this chapter shall notify the department, in writing, prior to any change of status related to the permit, including:
(i) Intent to close, sell or change the name of the business or entity holding the permit.
(ii) Intent to move the location of the business or entity or the location of the activity specifically authorized by the permit.
(iii) Intent to discontinue the activities specifically authorized by the permit.
(2) Upon notification, the department may enter onto the land and premises, including buildings and conveyances that were utilized for or where the permitted activity of the person holding or required to hold a permit under this chapter took or is taking place, and to conduct inspections of the premises as are necessary to determine what remedial, eradication or containment practices are necessary prior to the closure or other change of status occurring.
(3) Failure to notify the department or otherwise comply with the provisions of this subsection shall be a violation of this chapter.
(d) Revocation or suspension.--
Within 30 days of receipt of a notice of revocation, the permit holder may apply for an amendment to the permit or request a hearing as provided under section 1524 (relating to appeal process). The secretary may revoke or suspend all or part of a permit issued under this section when:
(1) The secretary determines that a permit holder has failed to comply with the requirements of this chapter.
(2) It is necessary to protect crops, livestock, agricultural land or other property, including forest land and bodies of water.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1513 - General permits

§ 1513. General permits.
General permits may be issued for the research, marketing, retail, wholesale, transport, storage, warehousing, display, distribution, cultivation or propagation of controlled plants under the following circumstances:
(1) General permits may be issued on a Statewide or regional basis for controlled plants where the controlled plants have similar characteristics and are capable of being cultivated, propagated, processed and controlled or eradicated in a similar fashion.
(2) General permits shall be published in the Pennsylvania Bulletin effective upon publication.
(3) An applicant seeking a general permit under this section shall inform the department of the applicant's intended use of the general permit and complete an application for approval to operate under the general permit requirements. The application shall include a written plan establishing the practices and methods the applicant will utilize in order to assure compliance with the general permit requirements established by the department. In addition to the written plan, the application shall state, at a minimum, all of the information required under section 1514(5)(i), (ii), (iii), (iv), (v), (vi), (vii) and (viii) (relating to individual permits).
(4) Before the approval and issuance of a general permit, the department may enter onto and inspect the land and premises, including buildings and conveyances, that will be utilized for the purpose of engaging in an activity authorized by the permit regarding a controlled plant. The inspection shall be conducted during normal business hours.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1515 - Prohibited acts

§ 1515. Prohibited acts.
(a) General compliance.--
It shall be a violation of this chapter to fail to comply with any provision of this chapter or any regulation, permit requirement or order established pursuant to this chapter.
(b) Noxious weeds.--
Except as established in an individual permit allowing educational or research purposes, it shall be a violation of this chapter to distribute, cultivate or propagate any noxious weed within this Commonwealth.
(c) Controlled plants.--
It shall be a violation of this chapter to research, market, hold, warehouse, retail, wholesale, transport, display, distribute, cultivate or propagate a controlled plant without a permit issued by the department.
(d) Abandonment.--
It shall be a violation of this chapter for a person holding or required to hold or comply with a permit requirement of this chapter to abandon a noxious weed or controlled plant site or premises without first notifying the department and taking actions as are necessary or ordered by the department to remediate the site.
(e) Concealment or misrepresentation.--
It shall be unlawful for a person to:
(1) conceal a noxious weed or controlled plant from inspection; or
(2) make a false declaration of acreage, square footage or any other information required to comply with the permit requirements of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1516 - Noxious weed control areas

§ 1516. Noxious weed control areas.
(a) General rule.--
The following apply:
(1) The department may establish a noxious weed control area through a control order issued by the department under section 1517 (relating to control orders). The order shall be published in the Pennsylvania Bulletin and disseminated to persons in the noxious weed control area that will be affected by the order. A control order shall remain in effect until the time as it is rescinded by the department.
(2) Within the noxious weed control area, the department may prohibit, without inspection, the movement, shipment or transportation of any noxious weed or other material capable of carrying the noxious weed from the area under the control order.
(b) Compliance.--
The department shall require an affected landowner or lessee or other person within the noxious weed control area to comply with the provisions of the control order within the time frame indicated in the order.
(c) Publication.--
Every designated noxious weed control area and any accompanying control order created under this section and section 1517 shall be published in the Pennsylvania Bulletin pursuant to the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1517 - Control orders

§ 1517. Control orders.
(a) Noxious weeds.--
(1) The department may issue a control order requiring a person to implement treatment measures for noxious weeds. The control order shall state the general factual and legal basis for the action and shall advise the affected person that, within 15 days of receipt of the control order, the affected person may file with the department a written request for an administrative hearing. The hearing shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure).
(2) The written control order of the department shall be served upon the affected person by personal service or by registered or certified mail, return receipt requested.
(3) The control order shall become final upon the expiration of the 15-day period for requesting an administrative hearing, unless a timely request for a hearing has been filed with the department.
(b) Controlled plants.--
(1) The department may issue a control order requiring a controlled plant permit holder or a person required to have the permit to implement treatment measures for a controlled plant. The department may issue a control order for controlled plants if the department finds that a controlled plant is growing on any premises or property without a valid permit. The order shall state the general factual and legal basis for the action and advise the affected person that within 15 days of receipt of the order, the affected person may file with the department a written request for an administrative hearing. The hearing shall be conducted in accordance with 2 Pa.C.S.
(2) The written control order of the department shall be served upon the affected person by personal service or by registered or certified mail, return receipt requested.
(3) The control order shall become final upon the expiration of the 15-day period for requesting an administrative hearing, unless a timely request for a hearing has been filed with the department.
(c) Description of situation in order.--
The control order shall describe the noxious weed or controlled plant situation that exists and prescribe the required treatment measures and the date by which the measures must be completed.
Cross References.
Section 1517 is referred to in sections 1516, 1518 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1518 - Compliance with orders

§ 1518. Compliance with orders.
(a) General rule.--
A person subject to a control order issued under section 1517 (relating to control orders) shall comply with the control order within the time frame specified in the control order or, if appealed, the time frame established in the final adjudication of the secretary. The cost of the treatment measures shall be borne by the person subject to the control order.
(b) Notice and duty of municipality.--
(1) If the person subject to the control order fails to comply with the control order, the department shall notify that person and the municipality within which the person resides or where the person's property is located by certified mail. After receipt of the notice, the appropriate officials of the municipality shall take the necessary steps to carry out the treatment measures established in the control order within the time frame specified in the notification by the department.
(2) A municipality which acts to control a noxious weed or controlled plant on a noncomplying person's property may recover the expenses and costs incurred by the municipality in carrying out the treatment measures established in the control order from the person who is the subject of the department's control order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1519 - Noxious weed list

§ 1519. Noxious weed list.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1520 - Fees

§ 1520. Fees.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1522 - Stop-sale orders

§ 1522. Stop-sale orders.
(a) General rule.--
The department may issue and enforce a stop-sale order to any person holding or required to hold a permit under this chapter or to any person where a noxious weed or controlled plant exists. The stop-sale order shall require a person to hold, at a designated place, any noxious weed or controlled plant. Noxious weeds or controlled plants subject to a stop-sale order issued under the authority of this subsection shall continue to be held at the designated place until the department is notified by the person to whom the stop-sale order was directed that the prescribed treatment measure or action has been taken and a reinspection of the premises indicates the treatment measure has been completed and was effective.
(b) Official marking of noxious weeds and controlled plants subject to a stop-sale order.--
(1) Noxious weeds and controlled plants under a stop-sale order shall be clearly identified and, where practicable, conspicuously marked.
(2) It shall be unlawful for a person to remove markings placed by the department for this purpose unless instructed by the department to do so.
(c) Violation of a stop-sale order.--
It shall be unlawful to violate a stop-sale order issued under this section. The department may impose any and all penalties authorized under this chapter for a violation of the order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1523 - Seizure and condemnation

§ 1523. Seizure and condemnation.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1524 - Appeal process

§ 1524. Appeal process.
An administrative appeal shall be taken and hearing conducted in accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action). A person must file an appeal of an enforcement action by the department within 15 days of the date of the enforcement action.
Cross References.
Section 1524 is referred to in section 1512 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1525 - Cooperation with other entities

§ 1525. Cooperation with other entities.
The department may cooperate and enter into agreements with any individual, person, organization or Federal, State, county or municipal agency for the purpose of implementing the provisions of this chapter. The department may assist in the enforcement of any Federal noxious weed quarantine established under Federal act or regulations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1526 - Rules and regulations

§ 1526. Rules and regulations.
The department may promulgate rules and regulations and establish and enforce orders necessary for administration and implementation of this chapter in accordance with the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1541 - Unlawful conduct

§ 1541. Unlawful conduct.
It shall be unlawful for a person to fail to comply with or to cause or assist in the violation of a permit, an order or a provision of this chapter or any attendant regulation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1542 - Interference with inspector, agent or employee of department

§ 1542. Interference with inspector, agent or employee of department.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1543 - Enforcement and penalties

§ 1543. Enforcement and penalties.
(a) Criminal penalties.--
Unless otherwise specified, a person who violates a permit, a provision of this chapter or a rule or regulation adopted pursuant to this chapter or any order issued under this chapter:
(1) For the first offense, commits a summary offense and may, upon conviction, be sentenced for each offense to pay a fine of not less than $100 and costs of prosecution or to undergo imprisonment for a term which shall be fixed at not more than 90 days, or both.
(2) For a subsequent offense committed within three years of a prior conviction for a violation of this chapter or a rule, regulation or order made pursuant to this chapter, commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than $500 and costs of prosecution or to imprisonment for not more than two years, or both.
(b) Civil penalties.--
(1) In addition to any other remedy available at law or in equity for a violation of this chapter, the department may assess a civil penalty of not more than $10,000, plus cost of remediation, containment or eradication, upon a person for each violation of this chapter, a permit or a regulation promulgated or order issued under the authority of this chapter. The civil penalty assessed shall be payable to the department for deposit into the account. The penalty amount shall be collectible in any manner provided by law for the collection of debt, including referring any collection matter to the Office of Attorney General, which shall recover the amount by action in the appropriate court.
(2) No civil penalty shall be assessed unless the person who assessed the penalty has been given notice and an opportunity for a hearing on the assessment in accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1544 - Injunctive relief

§ 1544. Injunctive relief.
In addition to any other remedies provided for in this chapter, the Attorney General, at the request of the secretary, may initiate, in Commonwealth Court or the court of common pleas of the county in which the defendant resides or has a place of business, an action in equity for an injunction to restrain any and all violations of this chapter, a permit, order or the rules and regulations promulgated under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1545 - De minimis violations

§ 1545. De minimis violations.
Nothing in this chapter shall be construed as requiring the department to report a violation or to institute seizure proceedings or other enforcement actions under this chapter as a result of de minimis violations of this chapter if the department concludes that the public interest will be best served by a suitable notice of violation or warning in writing.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Section 1561 - Disposition of funds

§ 1561. Disposition of funds.
(a) Plant Pest Management Account.--
Money received from permitting fees, control work reimbursement, fines and penalties under this chapter shall be paid into the Plant Pest Management Account.
(b) Supplements.--
The account may be supplemented by money received from the following sources:
(1) Federal funds appropriated to the department for purposes of this chapter.
(2) State funds appropriated to the department for purposes of this chapter.
(3) Gifts and other contributions from public or private sources for purposes of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2102 - Definitions

§ 2102. Definitions.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2103 - Chief apiary inspector

§ 2103. Chief apiary inspector.
The secretary shall appoint a chief apiary inspector to be in charge of all apiary inspections and shall appoint such additional apiary inspectors as may be necessary. The inspectors shall be attached to the bureau and shall be furnished with official badges or other insignia of authority. The secretary and the bureau are charged with the enforcement of the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2104 - Quarantines

§ 2104. Quarantines.
The department may establish, modify and maintain such quarantines as may be necessary to control the shipment into or within this Commonwealth of any bees, queen bees, hives or appliances capable of transmitting any bee disease for such periods and under such conditions as may be necessary in order to control and eradicate any bee disease or to prevent its introduction, spread or dissemination in this Commonwealth and for such purposes may make and promulgate such rules, regulations and orders relating thereto and to the general enforcement of the provisions of this chapter as may be necessary.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2105 - Registration of apiaries

§ 2105. Registration of apiaries.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2106 - Inspection

§ 2106. Inspection.
The department through the inspectors shall at least twice during each summer season inspect all queen apiaries. If from the inspection it appears that any bee disease exists in the queen apiary, the apiary inspector making the inspection shall immediately notify in writing the owner or person in charge thereof, and thereafter it shall be unlawful for that person to ship, sell or give away any queen bees from the apiary until the disease has been destroyed and a certificate of that fact has been obtained from the chief inspector. If upon inspection it is found that no bee disease exists in the queen apiary, the chief inspector shall issue a certificate of that fact, and a copy of the certificate shall be attached to each package or shipment of queen bees transported from the apiary. The certificate shall be valid for one year from the date of its issue unless revoked for cause.
Cross References.
Section 2106 is referred to in section 2107 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2107 - Diseases

§ 2107. Diseases.
(a) General rule.--
The department through the inspectors shall, as far as practicable, inspect all apiaries in this Commonwealth. If upon inspection it is found that any bee disease exists in the apiary, the inspector making the inspection shall immediately notify in writing the owner or person in charge of the apiary, stating the nature of the disease and whether the disease may or may not be successfully treated. If the disease may be successfully treated, the inspector shall specify and direct the necessary treatment, which shall be administered by the owner or person in charge within 14 days.
(b) Service of notices.--
The written notice required by section 2106 (relating to inspection) and this section may be served by handing a copy thereof to the owner or person in charge of the apiary or by leaving a copy thereof with an adult person residing upon the premises or by registered mail addressed to the owner or person in charge of the apiary at his last known or reputed address.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2108 - Infected shipments

§ 2108. Infected shipments.
Infected shipments, apiaries where the existing disease cannot be successfully treated and apiaries which are affected by disease amenable to treatment but which have not been treated within a period of 14 days after the owner thereof has received notice of the necessary treatment are hereby declared to be a public nuisance and a menace to the community, and the director of the bureau or his authorized agent may destroy by burning or otherwise, without any remuneration to the owner, any infected bees, hives, honey or appliances found therein.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2109 - Prohibitions

§ 2109. Prohibitions.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2110 - Free access

§ 2110. Free access.
The department, the chief apiary inspector and any apiary inspector shall have free access, ingress and egress to and from any apiary, premises, building or other place, public or private, in which bees, queen bees, wax, honey, hives or appliances may be kept or stored. No person shall deny to such duly authorized officer or agent access to any such place or hinder or resist the inspection of the premises.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2111 - Transportation

§ 2111. Transportation.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2113 - Penalties

§ 2113. Penalties.
(a) First violation.--
A first violation of this chapter or any order or regulation promulgated under this chapter constitutes a summary offense punishable by a fine of not less than $100.
(b) Second violation.--
A second violation of this chapter or any order or regulation promulgated under this chapter constitutes a summary offense punishable by a fine of not less than $300.
(c) Subsequent violations.--
A third and subsequent violation of this chapter or any order or regulation promulgated under this chapter constitutes a misdemeanor of the third degree punishable by a fine of not less than $1,000.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2114 - Civil penalties

§ 2114. Civil penalties.
(a) Assessment.--
The department may assess a civil penalty of not more than $1,000 upon a person for each violation.
(b) Contest.--
If a civil penalty is assessed against a person under subsection (a), the department shall notify the person by certified mail of the nature of the violation and the amount of the civil penalty and that the person may notify the department in writing within ten calendar days that he wishes to contest the civil penalty. If within ten calendar days from the receipt of that notification the person does not notify the department of his intent to contest the assessed penalty, the civil penalty shall become final.
(c) Hearing and appeal.--
If timely notification of the intent to contest the civil penalty is given, the person contesting the civil penalty shall be provided with a hearing in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies). Appeals may be taken in accordance with 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2115 - Injunctions

§ 2115. Injunctions.
The Attorney General at the request of the department may initiate in the Commonwealth Court or the court of common pleas of the county in which the defendant resides or has a place of business an action in equity for an injunction to restrain any violation of this chapter or any order or regulation promulgated under this chapter. The Commonwealth shall not be required to furnish a bond or other security in connection with this proceeding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 21 - Bees › Section 2117 - Disposition of funds

§ 2117. Disposition of funds.
Moneys received from registration fees, fines and civil penalties shall be paid into the State Treasury and shall be credited to the general government operations appropriation of the Department of Agriculture for administering the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Extra - Chapter Notes

Enactment.
Chapter 23 was added July 11, 1996, P.L.561, No.100, effective in 60 days.
Cross References.
Chapter 23 is referred to in sections 2501, 2502 of this title; 4976.1 of Title 75
            (Vehicles).
Cross References.
Subchapter D is referred to in section 2388 of this title.
Cross References.
Subchapter E is referred to in section 2388 of this title.
Cross References.
Subchapter F is referred to in section 2380.1 of this title.
Cross References.
Subchapter G is referred to in sections 2324, 2388 of this title.
Enactment.
Subchapter G.1 was added December 9, 2002, P.L.1495, No.190, effective immediately
            unless otherwise noted.
Enactment.
Subchapter I was added June 24, 2013, P.L.145, No.25, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2302 - Finding, policy and purpose

§ 2302. Finding, policy and purpose.
The General Assembly finds that animal health is of major economic interest in this Commonwealth. It is the declared policy of the Commonwealth to assure the health and welfare of animals kept in captivity, to prevent and control diseases and dangerous substances that may threaten the safety of animals and humans and to provide for desirable management practices for the production, keeping and use of domestic animals. It is the purpose of this chapter to give the department authority to implement this policy.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2304 - Diagnostic services and research

§ 2304. Diagnostic services and research.
The department may establish, maintain or fund, to the extent that funding is available, such domestic animal disease diagnostic services and research activities as are required to prevent, suppress, control and eradicate transmissible diseases of domestic animals, to protect the safety, quality and sufficiency of the human food supply and to provide domestic animal producers information necessary for efficient production and maintenance of healthy domestic animals.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2305 - Keeping and handling of domestic animals

§ 2305. Keeping and handling of domestic animals.
The department shall have authority to regulate the keeping and handling of domestic animals to exclude or contain dangerous transmissible diseases and hazardous substances and to protect the environment, including the authority to require the establishment of an agricultural biosecurity area and that all such agricultural biosecurity areas so established be clearly and conspicuously posted. The department may develop a regulation to govern the form and content of posted notice to identify an agricultural biosecurity area. Nothing in this section shall be construed to authorize the department to require vaccination of any animal to prevent or control rabies whenever that animal is exempt from vaccination under the act of December 15, 1986 (P.L.1610, No.181), known as the Rabies Prevention and Control in Domestic Animals and Wildlife Act.
(Nov. 23, 2010, P.L.1360, No.125, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2311 - General authority

§ 2311. General authority.
The department shall have authority to impose requirements and methods for the identification of domestic animals owned, kept, possessed or transported within this Commonwealth. The department shall authorize and record the adoption and exclusive use of unique identification marks, numbers or devices, including distinctive branding marks, tattoos, microchips and other forms of identification that are affixed upon domestic animals, and shall maintain a registry of such forms of identification. The department may establish through regulations fees for the assignment, registry and exclusive use of forms of identification registered under this subchapter. Any regulations developed under this section shall not conflict with Federal regulations regarding the identification of domestic animals.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2312 - Adoption of form of identification

§ 2312. Adoption of form of identification.
(a) General authority.--
A domestic animal owner may adopt a brand, tattoo or other form of identification with which to identify domestic animals owned by such person through the procedure set forth in this subchapter. A form of identification recorded in compliance with this subchapter shall be considered the personal property of the person who records it. Such person shall have the exclusive right to use this form of identification within this Commonwealth.
(b) Application, facsimile and fee.--
A person desiring to adopt a form of identification shall submit an application form, a facsimile of the form of identification and a recording fee of $25 to the department. The department shall provide the application form upon request. This fee may be changed by the department through regulations.
(c) Provisional filing.--
It shall be the duty of the department to file all forms of identification offered for recording, keeping account of the date and chronological order of receipt, pending the review and examination provided for in subsection (d). If the form of identification is subsequently accepted for recording, ownership of the form of identification shall vest from the date of filing.
(d) Review.--
The department shall have the power to examine, approve, accept or reject an application to record a brand, tattoo or other form of identification. Following receipt of the required application, facsimile and fee, the department shall, as promptly as possible, determine whether the form of identification is of record as that of some other person and whether the form of identification conflicts with or closely resembles that of another person. If neither of these conditions exist, the department shall record the form of identification. If either or both of these conditions exist, the department shall not record the form of identification, but shall instead return the recording fee and facsimile to the applicant.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2313 - Certified copies

§ 2313. Certified copies.
(a) Issuance.--
If a form of identification is recorded, the department shall furnish its owner with two certified copies of the record of the form of identification. Upon receipt of written evidence of the sale, assignment or transfer of a form of identification, the department shall furnish the new owner with two certified copies of the record of the form of identification. Additional copies may be obtained by the payment of $15 for each copy. This fee may be changed by the department through regulations.
(b) Filing.--
Within ten days of receiving the two certified copies of the record of the form of identification, the owner of the recorded form of identification shall file one of the certified copies in the office of the county recorder of the county where the owner's principal place of business is located and one copy in each county where domestic animals bearing the recorded form of identification are to be kept. If the form of identification had a prior owner and the prior owner filed a certified copy in any other county, the subsequent owner shall file a certified copy in each county in which the previous owner had filed.
Cross References.
Section 2313 is referred to in section 2314 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2314 - Brand, tattoo or other form of identification as proof of ownership

§ 2314. Brand, tattoo or other form of identification as proof of ownership.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2315 - Disputes in custody or ownership

§ 2315. Disputes in custody or ownership.
Disputes in custody or ownership of domestic animals that bear brands, tattoos or other forms of identification shall be investigated on request by the sheriff of the county where the domestic animals are located. The sheriff may call upon the services of a licensed veterinarian in reading the brands, tattoos or other forms of identification on domestic animals. The cost of the veterinarian's services shall be borne by the person requesting the investigation. The results of the sheriff's investigation shall be a public record and shall be admissible in evidence.