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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6907 - Tonnage reports

§ 6907. Tonnage reports.
(a) General rule.--
The guarantor whose name appears on the label shall submit, along with an inspection fee, a report in a manner prescribed by the department listing by county the net tons of each brand of soil amendment or plant amendment distributed in this Commonwealth for the period covered by the inspection fee.
(b) Multiple guarantors.--
When more than one guarantor is involved in the distribution of a soil amendment or plant amendment, the guarantor who distributed the soil amendment or plant amendment last shall report the tonnage and pay the inspection fee unless the report and payment have been made by a prior distributor.
(c) Late fee.--
A penalty of $25 or 10% of the inspection fee, whichever is greater, shall be imposed for any fee or report not submitted at the required time.
(d) Examination permitted.--
The department or its authorized representative may examine the records of the guarantor to verify the information contained in the reports filed with the department. Reports containing fraudulent or incorrect information shall be considered a violation of this chapter for which the department may assess a penalty.
(e) Confidentiality of information.--
(1) No proprietary information furnished to the department under this section shall be disclosed in such a way as to knowingly or intentionally divulge a trade secret of any person subject to the provisions of this chapter.
(2) This subsection shall not apply to information furnished to a court or administrative tribunal in accordance with law.
(f) Exemption.--
The guarantor shall not be required to report tonnage under this section for a product that was reported under section 6807 (relating to tonnage reports).
(Nov. 21, 2023, P.L.179, No.30, eff. imd.)
2023 Amendment.
Act 30 added subsec. (f).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6908 - Inspection, sampling and analysis

§ 6908. Inspection, sampling and analysis.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6909 - Misbranding

§ 6909. Misbranding.
No person shall distribute a misbranded soil amendment or plant amendment. A soil amendment or plant amendment shall be deemed to be misbranded if:
(1) its labeling is false or misleading in any particular manner;
(2) it is distributed under the name of another soil amendment or plant amendment product;
(3) it is not labeled as required in section 6905 (relating to labels and labeling) and in accordance with regulations prescribed under this chapter;
(4) it purports to be or is represented as a soil amendment or plant amendment or is represented as containing a soil amendment or plant amendment unless such soil amendment or plant amendment conforms to the definition of identity, if any, prescribed by regulation of the department; or
(5) it does not conform to ingredient form, minimums, labeling and tolerances prescribed by regulation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6910 - Adulteration

§ 6910. Adulteration.
(a) General rule.--
No person shall distribute an adulterated soil amendment or plant amendment product. A soil amendment or plant amendment shall be deemed to be adulterated if:
(1) it contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water when applied in accordance with its intended use or directions for use on the label;
(2) adequate warning statements or directions for use which may be necessary to protect plant life, animals, humans, aquatic life, soil or water are not shown upon the label;
(3) its composition falls below or differs from that which it is purported to possess by its labeling; or
(4) it contains viable weed seed in amounts exceeding the limits which the department establishes by regulation.
(b) Exception.--
A soil amendment or plant amendment shall not be considered adulterated under this section if the quantity of the substance in the soil amendment or plant amendment does not ordinarily render it injurious.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6911 - Short weight

§ 6911. Short weight.
If any soil amendment or plant amendment in the possession of a consumer is found by the department to be short in weight, the guarantor of that soil amendment or plant amendment shall, within 30 days after official notice from the department, submit to the consumer a penalty payment of two times the value of the actual shortage.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6912 - Refusal, suspension or revocation of registration or license

§ 6912. Refusal, suspension or revocation of registration or license.
The department may refuse, suspend or revoke the registration of any soil amendment or plant amendment or refuse, suspend or revoke the license of any person where the registrant or licensee has not complied with the provisions of this chapter or of any person who has used fraudulent or deceptive practices in the evasion of the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6913 - Stop-sale orders

§ 6913. Stop-sale orders.
(a) General rule.--
The department may issue and enforce a written or printed stop-sale, use or removal order to the owner or custodian of any lot of soil amendment or plant amendment and to hold at a designated place when the department finds the soil amendment or plant amendment is being offered or exposed for sale in violation of any of the provisions of this chapter. The order shall remain in effect until the law has been complied with and the soil amendment or plant amendment is released in writing by the department or the violation has been otherwise legally disposed of by written authority.
(b) Release by department.--
The department shall release the soil amendment or plant amendment held under a stop-sale order when the requirements of the provisions of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid by the person responsible for the violation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6914 - Seizure and condemnation

§ 6914. Seizure and condemnation.
A lot of soil amendment or plant amendment not in compliance with the provisions of this chapter shall be subject to seizure and condemnation by the department, provided that in no instance shall the disposition of the soil amendment or plant amendment be ordered by the department without first giving the claimant an opportunity for a hearing as provided for in section 6915 (relating to appeal process) or for opportunity to apply for permission to process or relabel the soil amendment or plant amendment to bring it into compliance with this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6915 - Appeal process

§ 6915. Appeal process.
All appeals shall be taken and hearings conducted in accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
Cross References.
Section 6915 is referred to in section 6914 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6918 - Unlawful conduct

§ 6918. Unlawful conduct.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6919 - Interference with officer or employee of department

§ 6919. Interference with officer or employee of department.
A person who willfully or intentionally interferes with an employee or officer of the department in the performance of that employee's or officer's duties or activities authorized under this chapter commits a misdemeanor of the third degree and shall, upon conviction, be subject to a term of imprisonment of not more than one year or a fine of not more than $2,500, or both.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6921 - Disposition of funds

§ 6921. Disposition of funds.
Moneys received from license fees, registration fees, inspection 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 this chapter, Chapter 68 (relating to fertilizer), Chapter 71 (relating to seed) and the promotion of soil health improvement practices generally.
(July 11, 2022, P.L.1538, No.83, eff. imd.; Nov. 21, 2023, P.L.179, No.30, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Extra - Chapter Notes

Enactment.
Chapter 71 was added November 29, 2004, P.L.1302, No.164, effective in 60 days.
Cross References.
Chapter 71 is referred to in sections 703, 1520, 6831, 6921 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7103 - Licensing

§ 7103. Licensing.
(a) General rule.--
Every person functioning as a distributor of seed in this Commonwealth shall, on or before January 1 of each year or prior to distribution, apply for and obtain an annual license for each legal entity. Each distributor shall complete a form furnished by the department and pay a $25 application fee. All licenses shall expire on December 31 of each year.
(b) Labeling.--
The department may require an applicant for a license or a current licensee to submit the labeling that the person is using or intends to use for the seed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7105 - Unlawful seed sales

§ 7105. Unlawful seed sales.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7106 - Other unlawful acts

§ 7106. Other unlawful acts.
It shall be unlawful for any person selling, offering or exposing seed for sale within this Commonwealth to:
(1) Detach, alter, deface or destroy any label provided for in this chapter or in the rules and regulations made and promulgated thereunder or to alter or substitute seed in a manner that may defeat the purposes of this chapter or conflict with the label.
(2) Disseminate any false or misleading advertisement or labeling concerning any seed subject to the provisions of this chapter in any manner or by any means.
(3) Hinder or obstruct in any way any authorized person in the performance of his duties under this chapter.
(4) Fail to comply with a stop-sale order.
(5) Offer or expose for sale any seed labeled with a test date (month and year) that does not agree with the actual date the test was performed.
(6) Use relabeling stickers without having both the calendar month and year the germination test was completed, the sell-by date as stated in section 7104 (relating to labels and labeling) and the lot number that matches the existing, original lot number. Relabeling of a seed lot using stickers may not occur more than once.
(7) Fail to comply with or to cause or assist in the violation of any order or any of the provisions of this chapter or the rules and regulations adopted under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7107 - Nonseeding and conditioning seed

§ 7107. Nonseeding and conditioning seed.
The provisions of section 7104 (relating to labels and labeling) shall not apply to potatoes or grain not intended for seeding purposes or to seed in storage in or being transported or consigned to a seed cleaning or conditioning establishment for cleaning or conditioning if:
(1) the invoice or labeling accompanying any shipment of the seed bears the statement "seed for conditioning"; and
(2) any labeling, advertisement or other representation which may be made with respect to such unclean or unprocessed seed complies with the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7108 - Certification and inspection of crops

§ 7108. Certification and inspection of crops.
Any grower of potatoes, agricultural, vegetable, tree and shrub seeds or plants vegetatively propagated and located in this Commonwealth may make application to the department for inspection and certification of his crop for seed or propagation purposes under such rules and regulations as the department may issue. The department or its authorized agents shall issue such certificates of inspection and designate or provide such official tags for marking containers of "certified seed" or "certified planting material" and establish such standards of grade and quality as are necessary to safeguard the privileges and services provided for in this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7110 - Prohibited use of the term "certified."

§ 7110. Prohibited use of the term "certified."
It shall be a violation of this chapter to use the term "certified," or any form or modification of this term which tends to convey to the purchaser of such seed or planting material for vegetative propagation that the same has been certified as defined in section 7102 (relating to definitions), on labels, labeling or containers, either orally or in writing, or in advertising material intended to promote the sale of seed potatoes or agricultural or vegetable seeds or planting material for vegetative propagation or tree and shrub seed or on labels or containers, unless these have been inspected and certified under the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7112 - Refusal, suspension or revocation of license

§ 7112. Refusal, suspension or revocation of license.
The department may refuse, suspend or revoke the license of any person where the licensee has not complied with the provisions of this chapter or of any person who has used fraudulent or deceptive practices in the evasion of the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7113 - Stop-sale orders

§ 7113. Stop-sale orders.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7114 - Seizure and condemnation

§ 7114. Seizure and condemnation.
A lot of seed not in compliance with the provisions of this chapter shall be subject to seizure and condemnation by the department, provided that in no instance shall the disposition of the seed be ordered by the department without first giving the claimant an opportunity for a hearing as provided for in section 7115 (relating to appeal process) or for opportunity to apply for permission to process or relabel the seed to bring it into compliance with this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7115 - Appeal process

§ 7115. Appeal process.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7119 - Interference with officer or employee of department

§ 7119. Interference with officer or employee of department.
A person who willfully or intentionally interferes with an employee or officer of the department in the performance of that employee's or officer's duties or activities authorized under this chapter commits a misdemeanor of the third degree and shall, upon conviction, be subject to a term of imprisonment of not more than one year or a fine of not more than $2,500, or both.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7120 - Delegation of duties; exclusion of local laws and regulations

§ 7120. Delegation of duties; exclusion of local laws and regulations.
(a) Designation.--
All authority vested in the secretary by virtue of the provisions of this chapter may with like force and effect be executed by such employees of the Commonwealth as the secretary may from time to time designate for said purpose.
(b) Statewide jurisdiction and preemption.--
This chapter and its provisions are of Statewide concern and occupy the whole field of regulation regarding the registration, labeling, sale, storage, transportation, distribution, notification of use and use of seeds to the exclusion of all local regulations. Except as otherwise specifically provided in this chapter, no ordinance or regulation of any political subdivision or home rule municipality may prohibit or in any way attempt to regulate any matter relating to the registration, labeling, sale, storage, transportation, distribution, notification of use or use of seeds if any of these ordinances, laws or regulations are in conflict with this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7121 - Enforcement and penalties

§ 7121. Enforcement and penalties.
(a) Criminal penalties.--
Unless otherwise specified, any person who violates any of the provisions of this chapter or a rule or regulation adopted thereunder or any order issued pursuant thereto:
(1) For the first offense, commits a summary offense and may, upon conviction, be sentenced for each offense to pay a fine of not less than $50 nor more than $100 and costs of prosecution or to 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 any violation of this chapter or any rule, regulation or order made under this chapter, commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than $500 nor more than $1,000 and costs of prosecution or to imprisonment for not more than two years, or both.
(b) Trade secrets.--
(1) Any person who uses to his own advantage or reveals to anyone other than the department, administrative tribunal or the courts, when relevant in any judicial proceeding, any information acquired under the authority of this chapter concerning any method, records, formulations or processes which as a trade secret is entitled to protection under the law commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $500 or to imprisonment for not less than one year, or both.
(2) This subsection shall not be construed to prohibit the department from exchanging information of a regulatory nature with governmental agencies of this Commonwealth, agencies of the Federal Government or any other state to implement the provisions of this chapter.
(c) 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 $2,500 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 section 7115 (relating to appeal process).
(d) Certified copy of official analysis.--
In prosecution under this chapter involving the composition of a lot of seed, a certified copy of the official analysis signed by the secretary or his designee shall be accepted as prima facie evidence of the composition.
(e) De minimis violations.--
Nothing in this chapter shall be construed as requiring the department to report a violation and to institute seizure proceedings as a result of de minimis violations of this chapter when the department concludes that the public interest will be best served by a suitable notice of warning in writing.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 71 - Seed › Section 7122 - Disposition of funds

§ 7122. Disposition of funds.
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.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Extra - Chapter Notes

Enactment.
Chapter 93 was added October 28, 2016, P.L.913, No.114, effective immediately.
Cross References.
Chapter 93 is referred to in sections 1103, 1207, 13C01, 13C21, 13F02, 13F05, 13F13,
            13F15, 13F33, 13F34, 13F44 of Title 4 (Amusements).
Cross References.
Subchapter E is referred to in section 9312 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9313 - Budget

§ 9313. Budget.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9315 - Number of licensed racing entities

§ 9315. Number of licensed racing entities.
(a) Standardbred horse racing.--
No more than five persons shall be licensed to conduct a horse race meeting. No person licensed under this chapter to conduct standardbred horse racing with pari-mutuel wagering shall be licensed to conduct thoroughbred horse racing with pari-mutuel wagering.
(b) Thoroughbred horse racing.--
No more than six persons shall be licensed by the commission to conduct a horse race meeting. No person licensed under this chapter to conduct thoroughbred horse racing with pari-mutuel wagering shall be licensed to conduct standardbred horse racing with pari-mutuel wagering.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9316 - Department of Revenue

§ 9316. Department of Revenue.
The Department of Revenue shall provide financial administration of pari-mutuel wagering under this chapter in accordance with Department of Revenue regulations and regulations of the commission. The Department of Revenue shall prescribe the form and system of accounting to be used by licensed racing entities and may access and examine records, equipment and other information relating to pari-mutuel wagering.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9317 - Allocation of racing days

§ 9317. Allocation of racing days.
(a) General rule.--
(1) Horse racing shall be conducted consistent with 4 Pa.C.S. § 1303 (relating to additional Category 1 slot machine license requirements).
(2) The required racing days under this section and 4 Pa.C.S. § 1303(a)(2) and (b) may be waived or modified by the commission if the waiver or modification has been agreed to by the horsemen's organization and the licensed racing entity at the racetrack where the racing days are to be scheduled or raced.
(3) The provisions of 4 Pa.C.S. § 1303(d) shall not apply if the reason for noncompliance with that section by a licensed racing entity is the cancellation of racing days due to the commission's inability to properly regulate and oversee the conduct of horse racing in this Commonwealth due to inadequate funding.
(b) Certification.--
The commission shall submit to the Secretary of Revenue the approved number of racing days for each licensed racing entity, including the following information:
(1) the names and addresses of the licensed racing entity;
(2) the names and addresses of the owners, officers and general managers of the licensed racing entity; and
(3) any other information the commission deems appropriate.
(c) Cancellation.--
(1) If a racing day is canceled by a licensed racing entity for reasons beyond the licensed racing entity's control, the commission shall grant the licensed racing entity the right to conduct that racing day in the same or the next ensuing calendar year, if schedules permit.
(2) A director of a bureau established under section 9311 (relating to State Horse Racing Commission), after consultation with the licensed racing entity and the horsemen's organization at the racetrack, may cancel a race if it is determined that fewer than six horses have entered the race.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9320 - Financial interests

§ 9320. Financial interests.
No director, owner, officer, manager or employee of an applicant or licensed racing entity or their immediate family shall accept gifts from breeders, owners, trainers or other individuals who participate in the conduct of horse racing in this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9321 - Officials at horse race meetings

§ 9321. Officials at horse race meetings.
(a) Racetrack racing official.--
The commission shall approve each racetrack employee whose duties include the enforcement of pari-mutuel racing activities which directly or indirectly affect the racing product. Compensation for an official under this subsection shall be paid by the licensed racing entity.
(b) Commission racing official.--
The commission shall employ individuals who shall be designated as commission racing officials and whose duties shall include the oversight and enforcement of this chapter, regulations and commission policies related to prerace activities, the conduct of live racing and pari-mutuel wagering. The commission, by regulation, shall establish the duties and responsibilities for a commission racing official. The cost for and compensation of a commission racing official shall be paid by the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9325 - Power of commission to impose fines

§ 9325. Power of commission to impose fines.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9326 - Admission to racetrack

§ 9326. Admission to racetrack.
(a) Power of licensed racing entity.--
Except as provided in subsection (b), a licensed racing entity may refuse admission to and eject from the racetrack enclosure operated by the licensed racing entity any person licensed by the commission under this chapter and employed at an occupation at the racetrack if the person's presence is deemed detrimental to the best interests of horse racing and after citing the reasons for the determination in writing. The action of the licensed racing entity refusing the person admission to or ejecting the person from a horse race meeting ground or racetrack enclosure shall have immediate effect unless a supersedeas has been granted by the bureau director. The person refused admission or ejected shall receive a hearing before the commission, if requested, pursuant to rules and regulations adopted for that purpose by the commission and a decision rendered following that hearing.
(b) Admission.--
A licensed racing entity may not refuse admission to or eject a law enforcement official, commission member or employee or employee of the Department of Revenue while the official is engaged in the performance of the individual's official duties.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9327 - Security personnel

§ 9327. Security personnel.
(a) General rule.--
The commission shall require licensed racing entities to employ persons as security as determined by the commission. Designated security personnel:
(1) Shall refer possible violations of the criminal laws of this Commonwealth within the racetrack or racetrack enclosure to law enforcement agencies.
(2) May not eject or exclude from the racetrack or racetrack enclosure any person because of the race, creed, color, sex, sexual orientation, national origin or religion of that person.
(b) Penalty.--
An individual found within a racetrack or racetrack enclosure after having been ejected therefrom shall, upon conviction, be guilty of a summary offense and be sentenced to pay a fine of not more than $500.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9329 - Interstate simulcasting

§ 9329. Interstate simulcasting.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9330 - Place and manner of conducting pari-mutuel wagering at racetrack enclosure

§ 9330. Place and manner of conducting pari-mutuel wagering at racetrack enclosure.
(a) Wagering location.--
A licensed racing entity shall provide a location during a horse race meeting within the racetrack enclosure where the licensed racing entity shall operate the pari-mutuel system of wagering by its patrons on the results of horse races held at the racetrack or televised to the racetrack enclosure by simulcasting under section 9329 (relating to interstate simulcasting). The licensed racing entity shall erect a sign or board compatible with the totalisator systems which shall display all of the following:
(1) The approximate straight odds on each horse in any race.
(2) The value of a winning mutuel ticket, straight, place or show on the first three horses in the race.
(3) The elapsed time of the race.
(4) The value of a winning daily double ticket, if a daily double is conducted, and any other information that the commission deems necessary to inform the general public.
(b) Equipment.--
The commission may test and examine the equipment to be used for the display of the information under subsection (a).
(c) Electronic wagering system.--
In addition to other forms of live wagering, including cash at a window teller, a licensed racing entity may operate an electronic wagering system on horse racing in accordance with all of the following:
(1) Messages to place wagers shall be to a place within the racetrack enclosure.
(2) Money used to place wagers under this subsection shall be on deposit in an amount sufficient to cover the wager at the racetrack where the account is opened.
(c.1) Regulations.--
The commission may promulgate regulations necessary to regulate electronic wagering for horse racing.
(d) Taxation.--
Money wagered as a result of electronic wagering shall be included in the amount wagered each racing day for purposes of taxation under section 9334 (relating to State Racing Fund and tax rate) and shall be included in the same pari-mutuel pools for each posted race. Electronic wagering systems shall be operated by the licensed racing entity, secondary pari-mutuel organization or by a duly licensed racing vendor.
(e) Conditions.--
A licensed racing entity shall only accept and tabulate a wager by a direct request via electronic media from the holder of an electronic wagering account. Only the holder of the electronic wagering account shall place a wager.
(f) Primary market area.--
(Repealed).
(Oct. 30, 2017, P.L.419, No.42, eff. imd.)
2017 Amendment.
Act 42 repealed subsec. (f).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9332 - Books and records of pari-mutuel wagering

§ 9332. Books and records of pari-mutuel wagering.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9333 - Filing of certain agreements with commission

§ 9333. Filing of certain agreements with commission.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9334 - State Racing Fund and tax rate

§ 9334. State Racing Fund and tax rate.
(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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 93 - Race Horse Industry Reform › Section 9335 - Pari-mutuel pool distribution

§ 9335. Pari-mutuel pool distribution.
(a) Distribution.--
A licensed racing entity shall distribute money in a pari-mutuel pool to the holders of winning tickets presented for payment before the first day of April of the year following the date of purchase. Failure to present a winning ticket within the prescribed period of time shall constitute a waiver of the right to participate in the award or dividend. After April 1 of the year following the year of purchase, a licensed racing entity shall forward the necessary funds held for uncashed tickets to the Department of Revenue. The funds shall be deposited into the State Racing Fund.
(b) Remainder.--
The remainder of the money shall be retained by the licensed racing entity in the following manner:
(1) Seventeen percent of the money plus the breakage from regular wagering pools or 19% of the money plus the breakage from regular wagering pools for licensed racing entities whose daily total in all pari-mutuel pools averaged less than $300,000.
(2) Twenty percent of the money plus breakage from the exacta, daily double, quinella and other wagering pools as determined by the commission.
(3) At least 26%, but no more than 35%, from the trifecta or other wagering pools as determined by the commission.
(c) Retention.--
A licensed racing entity may retain lesser percentages upon approval of the commission.
Cross References.
Section 9335 is referred to in sections 9334, 9344 of this title; sections 13F06, 13F08, 13F42 of Title 4 (Amusements).