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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 512 - Nutrient Management Fund

§ 512. Nutrient Management Fund.
(a) Establishment of fund.--
There is established a special nonlapsing fund in the State Treasury to be known as the Nutrient Management Fund. All fees, fines, judgments and interest collected by the commission under this chapter shall be paid into the fund. All money placed in the fund and the interest it accrues are hereby appropriated to the commission on a continuing basis for any activities necessary to meet the requirements of this chapter.
(b) Supplements to fund.--
The Nutrient Management Fund may be supplemented by moneys received from the following sources:
(1) State funds appropriated to the commission.
(2) Federal funds appropriated to the commission.
(3) Proceeds from the sale of any bonds made available to the commission.
(4) Repayment of loan principal.
(5) Payment on interest loans made by the commission.
(6) Gifts and other contributions from public and private sources.
(c) Fund administration.--
The commission shall have authority to adopt procedures for the use of moneys in the fund, including the creation of accounts within the fund for the purposes of administering the loan and grant programs authorized by this chapter.
(d) Status of fund.--
The Nutrient Management Fund shall not be subject to 42 Pa.C.S. Ch. 37 Subch. C (relating to judicial computer system).
(e) Deposit and use of funds.--
No administrative action shall prevent the deposit of moneys into the fund in the fiscal year in which they are received. The funds shall only be used for the purposes authorized by this chapter and shall not be transferred or diverted to any other purpose by administrative action.
Cross References.
Section 512 is referred to in sections 506, 605 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 513 - Unlawful conduct

§ 513. Unlawful conduct.
It shall be unlawful 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 or to fail to comply with a nutrient management plan or an odor management plan.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 515 - Limitation of liability

§ 515. Limitation of liability.
If a person is fully and properly implementing a nutrient management plan or an odor management plan approved by the local conservation district or the commission and maintained under this chapter for an agricultural operation, the implementation shall be given appropriate consideration as a mitigating factor in any civil action for penalties or damages alleged to have been caused by the management or utilization of nutrients or the abatement of odor impacts pursuant to the implementation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 516 - Enforcement authority; enforcement orders

§ 516. Enforcement authority; enforcement orders.
(a) Right of access.--
A duly authorized agent of the commission or a conservation district shall have authority to enter any agricultural operation at reasonable times to conduct such investigations and to take such actions as are necessary to enforce the provisions of this chapter or any order, rule or regulation issued hereunder.
(b) Duty to grant access.--
Any person owning or operating an agricultural operation shall grant access to any duly authorized agent of the commission or a conservation district pursuant to subsection (a) and shall not hinder, obstruct, prevent or interfere with such agents in the performance of their duties, provided, however, that agents shall perform such reasonable measures and actions as directed by the owner or operator of an agricultural operation as will reasonably and substantially prevent the spread or outbreak of contagious diseases.
(c) Orders.--
The commission or any conservation district delegated enforcement authority may issue such orders as are necessary to aid in the enforcement of the provisions of this chapter. Any order issued under this section shall take effect upon notice unless the order specifies otherwise. An appeal of the order to the Environmental Hearing Board shall not act as a supersedeas, provided that, upon application for and cause shown, the hearing board may issue such a supersedeas under the rules established by the hearing board.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 517 - Appealable actions

§ 517. Appealable actions.
Any person aggrieved by an order or other administrative action of the commission issued pursuant to this chapter shall have the right, within 30 days from actual or constructive notice of the action, to appeal the action to the Environmental Hearing Board.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 518 - Powers reserved under existing laws

§ 518. Powers reserved under existing laws.
Nothing in this chapter shall limit in any way whatever the powers conferred upon the commission, the department, the Department of Environmental Protection or a conservation district under laws other than this chapter, including, but not limited to, the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, and the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, and common law. All such powers are preserved and may be freely exercised. A court exercising general equitable jurisdiction shall not be deprived of such jurisdiction even though a nuisance or condition detrimental to health is subject to regulation or other action by the board under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 519 - Preemption of local ordinances

§ 519. Preemption of local ordinances.
(a) General.--
This chapter and its provisions are of Statewide concern and occupy the whole field of regulation regarding nutrient management and odor management, to the exclusion of all local regulations.
(b) Nutrient management.--
No ordinance or regulation of any political subdivision or home rule municipality may prohibit or in any way regulate practices related to the storage, handling or land application of animal manure or nutrients or to the construction, location or operation of facilities used for storage of animal manure or nutrients or practices otherwise regulated by this chapter if the municipal ordinance or regulation is in conflict with this chapter and the regulations or guidelines promulgated under it.
(c) Odor management.--
No ordinance or regulation of a political subdivision or home rule municipality may regulate the management of odors generated from animal housing or manure management facilities regulated by this chapter if the municipal ordinance or regulation is in conflict with this chapter and the regulations or guidelines promulgated under it.
(d) Stricter requirements.--
Nothing in this chapter shall prevent a political subdivision or home rule municipality from adopting and enforcing ordinances or regulations which are consistent with and no more stringent than the requirements of this chapter and the regulations or guidelines promulgated under this chapter. No penalty shall be assessed under any such local ordinance or regulation under this subsection for any violation for which a penalty has been assessed under this chapter.
2005 Amendment.
Section 5(2) of Act 38 provided that subsection (c) shall take effect on the earlier of the effective date of regulations promulgated under section 504(1.1) or the publication in the Pennsylvania Bulletin of interim guidelines under section 504(2).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 521 - Other statutes not affected

§ 521. Other statutes not affected.
This chapter shall not be construed as modifying, rescinding or superseding any other statute or as regulating biosolids and shall be read in pari materia with other statutes. Nothing in this chapter shall limit in any way whatever the powers conferred upon the department, the Department of Environmental Protection and the State Conservation Commission under statutes other than this chapter. All such powers are preserved and may be freely exercised.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 522 - Regulations

§ 522. Regulations.
The Department of Environmental Protection is authorized to adopt such regulations as it deems necessary to its administration and enforcement of this chapter. This includes the authority to establish, by regulation, such fees as are reasonably necessary to fund the implementation and enforcement of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 6 - Agriculture-Linked Investment Program › Section 602 - Legislative intent

§ 602. Legislative intent.
It is the intent of the General Assembly that farmers be offered an incentive to use agricultural best management practices as part of an approved nutrient or odor management plan, manure management plan, agricultural erosion and sedimentation plan or Federal conservation plan to prevent nutrients from washing off farm fields and animal concentration areas and entering surface water and groundwater, to prevent soil erosion, to reduce or mitigate odor and to conserve land, water and related natural resources. These incentives shall take the form of low-interest capital in exchange for the implementation of such approved practices.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 6 - Agriculture-Linked Investment Program › Section 604 - General authority of commission

§ 604. General authority of commission.
(a) Authority.--
The commission shall retain and may utilize the authority established in the Conservation District Law and Chapter 5 (relating to nutrient management and odor management) as well as any other authority delegated or bestowed upon the commission in the administration of this chapter, including money appropriated, given, granted or donated to the commission for the purposes of this chapter. Nothing in this chapter shall be construed to abrogate or abridge the authority of the commission under any other statute or grant of authority.
(b) Best management practices.--
(1) The commission or the commission's delegated agent may review applications to approve the best management practice for which the applicant is seeking a loan under this chapter.
(2) The commission may vote to expand the list of best management practices to assure new technological, environmental and scientific advances and discoveries. The commission may consider and make available practices established in statute or regulation to further the purposes of this chapter. Upon establishing a new best management practice, the commission shall submit a notice to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. A new best management practice shall take effect upon publication in the Pennsylvania Bulletin.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 6 - Agriculture-Linked Investment Program › Section 606 - Liability

§ 606. Liability.
(a) Immunity.--
The Commonwealth, the State Treasurer and the commission shall not be liable to a lending institution in any manner for payment of the principal or interest on the loan made to an eligible borrower.
(b) Loss of subsidy upon default.--
A default by an eligible borrower in repayment of an Agriculture-Linked Investment Loan shall result in the loss of the subsidy provided under this chapter, in which case the interest rate payable by the lending institution shall revert to the interest rate on deposits as established by the Board of Finance and Revenue from time to time as otherwise established by law. As used in this subsection, the term "default" means a loan which is more than 90 days in arrears on payments.
(c) Availability of funding.--
The subsidy provided by this chapter shall continue only so long as the commission furnishes money to pay for it. In the event funding is exhausted or otherwise unavailable, the interest rate payable by lending institutions shall revert to the interest rate on deposits in State depositories as established from time to time by the Board of Finance and Revenue as otherwise provided by law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 7 - Industrial Hemp Research › Section 702 - Definitions

§ 702. 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:
"Agricultural pilot program."
A pilot program to study the growth, cultivation or marketing of industrial hemp.
"Control order."
A written order issued by the department to a person establishing required treatment measures, including destruction, for a violation of a provision of this chapter or a regulation, permit or order issued under this chapter.
"Department."
The Department of Agriculture of the Commonwealth.
"Industrial hemp."
The plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.
"Institution of higher education."
As defined by section 101 of the Higher Education Act of 1965 (Public Law 89-329, 79 Stat. 1219).
"Secretary."
The Secretary of Agriculture of the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 7 - Industrial Hemp Research › Section 703 - Administration

§ 703. Administration.
(a) Department.--
The department has the following duties:
(1) Implement this chapter.
(2) Establish, through permits, a certification and registration program under this chapter and, when the program is operative, transmit notice of that fact to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(b) Powers and duties.--
The department shall have the following powers and duties:
(1) Notwithstanding any other law to the contrary, to regulate and permit industrial hemp under this chapter in a manner consistent with the provisions of this chapter and all Federal laws, regulations and orders.
(2) To establish, implement and administer an agricultural pilot program to the extent funds are available.
(3) To develop and implement permitting requirements, and regulations if necessary, to carry out the provisions of this chapter.
(4) To issue, renew, deny, revoke, suspend or refuse to renew permits to conduct an agricultural pilot program.
(5) To develop an application for registration.
(6) To develop an application for permits.
(7) To create and maintain a database of permitted institutions of higher education and sites used to grow or cultivate industrial hemp.
(8) To inspect the facilities, growing areas, fields, seeds, plants and other items used by each permitted entity to ensure compliance with this chapter and permitting requirements and regulatory standards if promulgated, including conducting or requiring testing of seeds, plants and plant materials at the permit holder's cost.
(9) To establish, through permit, restrictions for the use or reuse of seeds, crops or products produced as the end result of an agricultural pilot program.
(10) To establish reasonable permitting and inspection fees to cover the cost of administration of this chapter.
(11) Notwithstanding any provision of Chapter 71 (relating to seed) and its attendant regulations, to regulate the labeling and testing of industrial hemp and industrial hemp seeds within this Commonwealth.
(12) To establish, through permitting standards or regulation, recordkeeping requirements necessary to administer the provisions of this chapter.
(c) Secretary.--
If the secretary determines that a Federal agency is authorized to regulate industrial hemp, the secretary shall transmit notice of that authorization to the bureau for publication in the Pennsylvania Bulletin.
Effective Date.
Section 3(1)(i) of Act 92 of 2016 provided that subsec. (a) shall take effect immediately.
Cross References.
Section 703 is referred to in section 710 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 7 - Industrial Hemp Research › Section 705 - Control orders

§ 705. Control orders.
(a) Authority of department.--
(1) The department may issue a control order:
(i) Requiring any person registered and permitted to grow industrial hemp to implement treatment measures for industrial hemp if the department finds that the person has violated a provision of this chapter or a regulation, order or permitting requirement issued under this chapter.
(ii) Upon finding industrial hemp growing on any premises or property without a valid registration or permit.
(2) A control order shall set forth 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 person may file with the department a written request for an administrative hearing.
(3) The hearing under paragraph (2) shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure). 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. 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) Required contents.--
The control order shall prescribe the required remediation, control, eradication or treatment measures and the date by which the measures must be completed.
(c) Expenses and costs.--
The department may recover any expenses and costs incurred in enforcing and carrying out the measures established in the control order from the person that was the subject of the department's control order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 7 - Industrial Hemp Research › Section 706 - Noncriminal offense

§ 706. Noncriminal offense.
An activity conducted in compliance with this chapter shall not be in violation of the laws of the Commonwealth including:
(1) The act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(2) 18 Pa.C.S. § 7508(a)(1) (relating to drug trafficking sentencing and penalties).
(3) Any other law of the Commonwealth regulating the growth or cultivation of industrial hemp.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 7 - Industrial Hemp Research › Section 708 - Disposition of funds

§ 708. Disposition of funds.
(a) Deposit of funds.--
All fees, fines and penalties collected under this chapter shall be paid into a subaccount in a special restricted account in the General Fund known as the Plant Pest Management Account and shall be appropriated by the General Assembly to the department for the purpose of this chapter. The money in the subaccount shall not replace revenues appropriated to the fund as allowed under subsection (b).
(b) Supplement to account.--
The subaccount in the Plant Pest Management Account may be supplemented by:
(1) Funds appropriated from the General Assembly to the department for purposes of this chapter.
(2) Federal 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 9 - Pennsylvania Dairy Future Commission › Section 904 - Duties

§ 904. Duties.
The commission shall review and make recommendations to promote and strengthen the Commonwealth's dairy industry in the following areas:
(1) Processing, production and marketing in the dairy industry.
(2) Current issues facing the dairy industry.
(3) Statutory impacts on the dairy industry.
(4) Regulatory impacts on the dairy industry.
(5) Local government impacts on the dairy industry.
(6) Other aspects of the dairy industry identified by the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 9 - Pennsylvania Dairy Future Commission › Section 905 - Membership

§ 905. Membership.
(a) General rule.--
The commission shall consist of the following members:
(1) One individual appointed by the Governor.
(2) The Secretary of Agriculture or a designee.
(3) The Secretary of Community and Economic Development or a designee.
(4) The Secretary of Revenue or a designee.
(5) The Secretary of Transportation or a designee.
(6) The Secretary of Environmental Protection or a designee.
(7) One individual appointed by the President pro tempore of the Senate.
(8) One individual appointed by the Speaker of the House of Representatives.
(9) Two individuals appointed by the Majority Leader of the Senate.
(10) One individual appointed by the Minority Leader of the Senate.
(11) Two individuals appointed by the Majority Leader of the House of Representatives.
(12) One individual appointed by the Minority Leader of the House of Representatives.
(13) The chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the Senate or a designee.
(14) The chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives or a designee.
(15) A representative of the Milk Marketing Board.
(16) A representative of the Center for Dairy Excellence.
(17) A representative of The Pennsylvania State University with expertise in the dairy industry.
(18) A representative of the Pennsylvania Farm Bureau with expertise in the dairy industry.
(19) A representative of the Center for Rural Pennsylvania.
(20) A representative of the Pennsylvania State Grange.
(b) Chairperson.--
The commission shall appoint a member to serve as chairperson of the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 9 - Pennsylvania Dairy Future Commission › Section 908 - Administrative support

§ 908. Administrative support.
The Department of Agriculture shall provide administrative support, meeting space and any other assistance required by the commission to carry out the commission's duties under this chapter. The department shall provide the commission with data, research and other information upon request by the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 9 - Pennsylvania Dairy Future Commission › Section 909 - Additional powers and duties

§ 909. Additional powers and duties.
The commission shall have the following powers and duties:
(1) Review, make findings and offer recommendations related to the dairy industry in this Commonwealth.
(2) Consult with and utilize experts to assist the commission in carrying out the duties under this section.
(3) Receive input from interested parties.
(4) Hold public hearings in different regions of this Commonwealth.
(5) Review and consider dairy policies and factors utilized throughout the United States.
(6) Review the administration and operation of State and regional programs and services and make recommendations to implement new policies, legislation and regulations.
(7) Recommend proposed legislation and regulatory changes based on the commission's findings.
(8) Issue a report of the commission's findings and recommendations to the Governor, the Majority Leader and Minority Leader of the Senate, the Majority Leader and Minority Leader of the House of Representatives, the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the Senate and the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives not later than one year after the effective date of this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 11 - Fireworks › Section 1101 - Definitions

§ 1101. 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:
"Animal housing facility."
A roofed structure or facility, or a portion of the facility, used for occupation by livestock or poultry.
"APA 87-1."
The American Pyrotechnics Association Standard 87-1: Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001 edition.
"Consumer fireworks."
(1) The term includes any combustible or explosive composition or any substance or combination of substances which is intended to produce visible or audible effects by combustion, is suitable for use by the public, complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and complies with the provisions for "consumer fireworks" as defined in APA 87-1, the sale, possession and use of which shall be permitted throughout this Commonwealth.
(2) The term does not include devices such as "ground and hand-held sparkling devices," "novelties" or "toy caps" in APA 87-1, the sale, possession and use of which shall be permitted at all times throughout this Commonwealth.
"Display fireworks."
As defined in 27 CFR 555.11 (relating to meaning of terms).
"Municipality."
A city, borough, incorporated town or township.
"NFPA 1124."
(Deleted by amendment).
"Tax Reform Code."
The act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
"Vehicle."
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.
(Nov. 1, 2023, P.L.159, No.23, eff. imd.)
2023 Amendment.
Act 23 deleted the def. of "NFPA 1124."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 11 - Fireworks › Section 1102 - Use of display fireworks

§ 1102. Use of display fireworks.
(a) Prohibition.--
No display fireworks shall be ignited within 300 feet of a facility that meets the requirements of section 1107 (relating to sales locations).
(b) Permit.--
Permission shall be given by the governing body of a municipality under reasonable rules and regulations for displays of display fireworks to be held within the municipality. After permission is granted, purchase, possession and use of display fireworks shall be lawful for the use outlined in the permit only. Permits shall not be transferable.
(c) Limitations.--
Each use of display fireworks shall be:
(1) handled by a competent operator at least 21 years of age who demonstrates evidence of fireworks handling and safety training; and
(2) of a character and so located, discharged or fired as, in the opinion of the chief of the fire department or other appropriate officer as may be designated by the governing body of the municipality, after proper inspection, to not be hazardous to property or endanger any person.
(d) Insurance.--
The governing body of the municipality shall require a permittee to carry insurance in an amount not less than $1,000,000 conditioned for the payment of all damages which may be caused to a person or property by reason of the use of display fireworks and arising from an act of the permittee or an agent, an employee or a subcontractor of the permittee.
(e) Permit extension.--
A municipality may grant an extension for a permit issued under this section to a new date for displays canceled due to unfavorable weather or other circumstances beyond the control of the permittee.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 11 - Fireworks › Section 1104 - Use of consumer fireworks

§ 1104. Use of consumer fireworks.
(a) Conditions.--
A person who is at least 18 years of age may purchase, possess and use consumer fireworks.
(b) Prohibitions.--
A person may not intentionally use consumer fireworks:
(1) On private property or on public property, including, but not limited to, streets, parking lots, sidewalks and parks, without the express permission of the owner or entity that controls the property.
(2) Within, directed at or directed from a vehicle or building.
(3) Directed at another person.
(4) While the person is under the influence of alcohol, a controlled substance or another drug.
(5) Within 150 feet of a building or vehicle, whether or not the building or vehicle is owned by the user of the consumer fireworks.
(c) Conditional use.--
No person may use consumer fireworks within 150 feet of an animal housing facility or a fenced area designed to confine livestock owned or managed by another person. If a person uses consumer fireworks at a distance of 150 to 300 feet from an animal housing facility or fenced area designed to confine livestock owned or managed by another person, the user of consumer fireworks shall notify in writing the owner or manager of the livestock at least 72 hours in advance of the use that consumer fireworks will be used in the area.
Cross References.
Section 1104 is referred to in sections 1106, 1109 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 11 - Fireworks › Section 1105 - Agricultural purposes

§ 1105. Agricultural purposes.
(a) Authorization.--
The governing body of a municipality may, under reasonable rules and regulations adopted by it, grant permits for the use of display fireworks for agricultural purposes in connection with the raising of crops and the protection of crops from bird and animal damage.
(b) Duration of permit.--
A permit under this section shall remain in effect for the calendar year in which it was issued.
(c) Conditions.--
After a permit under this section has been granted, sales, possession and use of display fireworks for the purpose mentioned in the permit shall be lawful for that purpose only.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 11 - Fireworks › Section 1106 - Rules and regulations by municipality

§ 1106. Rules and regulations by municipality.
(a) Authorization.--
(1) Except for the limitations under subsection (b), a municipality may enact conditions, prohibitions and limitations on the use and sale of consumer fireworks that are not in conflict with this chapter.
(1.1) Except for the limitations under subsection (b), a municipality may require a permit for the use of consumer fireworks. A fee for a permit shall be reasonable.
(1.2) A municipality may prohibit the use of consumer fireworks if the use of the consumer fireworks within the municipality cannot comply with section 1104(b)(5) (relating to use of consumer fireworks).
(2) Facilities with a valid license issued by the department under section 1108(a) or (e) (relating to fees, granting of licenses and inspections) prior to or within one year following the effective date of this section shall not be subject to municipal conditions, prohibitions or limitations enacted under paragraph (1) related to the sale of consumer fireworks.
(3) Except for the limitations under subsection (b), a municipality may enact the following restrictions on the use of consumer fireworks: Consumer fireworks may not be used between the hours of 10:00 p.m. and 10:00 a.m., except:
(i) on July 2, 3 and 4 and December 31, when consumer fireworks may be used until 1:00 a.m. the following day; and
(ii) when July 4 falls on a Tuesday, Wednesday or Thursday, consumer fireworks may be used until 1:00 a.m. on the immediately preceding and following Friday and Saturday.
(b) Limitations.--
Except for authority exercised under subsection (a)(1.2), no municipality shall restrict or regulate the use of consumer fireworks on the following days:
(1) The days listed in subsection (a)(3)(i) and (ii).
(2) Memorial Day, including the immediately preceding Saturday and Sunday.
(3) Labor Day, including the immediately preceding Saturday and Sunday.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 11 - Fireworks › Section 1107 - Sales locations

§ 1107. Sales locations.
Consumer fireworks shall be sold only from facilities which are licensed by the Department of Agriculture and that meet the following criteria:
(1) The facility shall comply with the provisions of the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act.
(2) The facility shall be a stand-alone, permanent structure.
(3) Storage areas shall be separated from wholesale or retail sales areas to which a purchaser may be admitted by appropriately rated fire separation.
(4) For a facility issued a license under section 1108(a) (relating to fees, granting of licenses and inspections), the facility shall be located no closer than 300 feet from a facility selling or dispensing gasoline, propane or other flammable products.
(5) For a facility issued a license under section 1108(a), the facility shall be located at least 2,500 feet from another facility licensed to sell consumer fireworks.
(6) The facility shall have a monitored burglar and fire alarm system.
(7) Quarterly fire drills and preplanning meetings shall be conducted as required by the primary fire department.
(8) (Reserved).
(9) The sale of consumer fireworks may be conducted through online, mail-order or other transaction, but delivery of consumer fireworks to a purchaser shall take place at a facility licensed under section 1108 and the sale shall be subject to the provisions of section 1112 (relating to consumer fireworks tax).
(Nov. 1, 2023, P.L.159, No.23, eff. imd.)
2023 Amendment.
Act 23 amended par. (8).
Cross References.
Section 1107 is referred to in sections 1102, 1108 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 11 - Fireworks › Section 1108 - Fees, granting of licenses and inspections

§ 1108. Fees, granting of licenses and inspections.
(a) Initial application fees.--
(1) An initial application for a license to sell consumer fireworks shall be submitted to the Department of Agriculture on forms prescribed and provided by the department with a nonrefundable application fee as follows:
(i) For a facility meeting the requirements of section 1107 (relating to sales locations), the application shall be submitted with a nonrefundable application fee of $2,500.
(ii) (Reserved).
(2) An application under paragraph (1) shall also be accompanied by the appropriate annual license fee as provided in subsection (b).
(b) Annual license fees.--
The annual license fee for a facility licensed to sell consumer fireworks shall be as follows:
(1) $7,500 for a location up to 10,000 square feet;
(2) $10,000 for a location greater than 10,000 and up to 15,000 square feet; and
(3) $20,000 for a location greater than 15,000 square feet.
(c) Time limitations and inspections.--
(1) A facility meeting the requirements of section 1107 shall be inspected by the Department of Agriculture within 30 days of receipt of a complete application for a license. The Department of Agriculture shall issue or deny a license within 14 days of completing the inspection.
(2) (Reserved).
(d) Term of license.--
A license issued for the sale of consumer fireworks shall be effective for one year from the date the license is issued.
(e) License renewal and inspections.--
License renewal shall be automatic upon submission of a renewal application, proof of insurance under section 1109(5) (relating to conditions for facilities) and payment of the appropriate annual license fee under subsection (b), but each facility shall be subject to annual inspections by the Department of Agriculture and at other times as the department may deem appropriate. The department shall transmit an application for renewal to a licensee in such time to provide for submission within 30 days prior to the expiration of a license.
(f) Condition.--
No license may be issued to a convicted felon or to an entity in which a convicted felon owns a percentage of the equity interest.
Cross References.
Section 1108 is referred to in sections 1106, 1107, 1108.1, 1109, 1112, 1114 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 11 - Fireworks › Section 1108.1 - Refusal, suspension or revocation of license

§ 1108.1. Refusal, suspension or revocation of license.
(a) Authority.--
The department may refuse, suspend or revoke a license issued or renewed under section 1108 (relating to fees, granting of licenses and inspections) if the licensee is not in compliance with the provisions of this chapter.
(b) Appeals.--
The department shall provide an opportunity for a hearing to a person appealing an action of the department under subsection (a). All appeals shall be taken and hearings conducted in accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action). A person shall have 15 days to appeal an enforcement action of the department under subsection (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 11 - Fireworks › Section 1109 - Conditions for facilities

§ 1109. Conditions for facilities.
A facility licensed by the Department of Agriculture under section 1108 (relating to fees, granting of licenses and inspections) shall be exclusively dedicated to the storage and sale of consumer fireworks and related items, and the facility shall operate in accordance with the following rules:
(1) There shall be security personnel on the premises for the seven days preceding and including July 4 and on December 31.
(2) No smoking shall be permitted in the facility.
(3) No cigarettes or tobacco products, matches, lighters or any other flame-producing devices shall be permitted to be taken into the facility.
(4) No minors shall be permitted in the facility unless accompanied by an adult, and each minor shall stay with the adult in the facility.
(5) All facilities shall carry at least $2,000,000 in public and product liability insurance.
(6) A licensee shall provide its employees with documented training in the area of operational safety of a facility. The licensee shall provide to the Department of Agriculture written documentation that each employee has received the training.
(7) No display fireworks or federally illegal explosives under 49 CFR 173.54 (relating to forbidden explosives) shall be stored or located at a facility.
(8) No person who appears to be under the influence of intoxicating liquor or drugs shall be admitted to the facility, and no liquor, beer or wine shall be permitted in the facility.
(9) Emergency evacuation plans shall be conspicuously posted in appropriate locations within the facility.
(10) Written notice shall be conspicuously posted or provided with each purchase of consumer fireworks that provides the conditions and prohibitions for use of consumer fireworks under section 1104 (relating to use of consumer fireworks) and that additional conditions, prohibitions and limitations may be implemented by a municipality.
Cross References.
Section 1109 is referred to in section 1108 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 11 - Fireworks › Section 1111 - Attorney General

§ 1111. Attorney General.
An individual or entity which performs, provides or supervises consumer fireworks or display fireworks displays or exhibitions for profit shall register annually with the Attorney General in accordance with 37 Pa. Code Ch. 711 (relating to registration for fireworks displays). A certificate of registration issued by the Attorney General shall be provided upon request by law enforcement officials.
(Nov. 1, 2023, P.L.159, No.23, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 11 - Fireworks › Section 1112 - Consumer fireworks tax

§ 1112. Consumer fireworks tax.
(a) Imposition.--
In addition to any other tax imposed by law, a tax is imposed on each separate sale at retail of consumer fireworks, which tax shall be collected by the retailer from the purchaser at the time of sale and shall be paid over to the Commonwealth as provided in this section. A tax imposed under this subsection on each separate sale at retail shall be paid to and received by the Department of Revenue and, along with interest and penalties, shall be deposited into the General Fund.
(b) Rate.--
The tax authorized under subsection (a) shall be imposed and collected at the rate of 12% of the purchase price per item sold. The purchase price shall not include State and local sales taxes.
(c) Collection and administration.--
The provisions of Part VI of Article II of the Tax Reform Code shall apply to the tax authorized under subsection (a). No additional fee shall be charged for a license or license renewal other than the license or annual license fee required under section 1108 (relating to fees, granting of licenses and inspections) and the license or renewal fee authorized and imposed under Article II of the Tax Reform Code.
Cross References.
Section 1112 is referred to in sections 1107, 1113 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 11 - Fireworks › Section 1114 - Penalties

§ 1114. Penalties.
The following shall apply:
(1) A person using consumer fireworks in violation of the provisions of this chapter for the first offense commits a summary offense and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not more than $500. A subsequent offense under this paragraph committed within three years of a prior conviction under this paragraph shall constitute a summary offense and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not more than $1,000.
(2) A person selling consumer fireworks in violation of the provisions of this chapter for the first offense commits a misdemeanor of the second degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $10,000. A subsequent offense under this paragraph committed within three years of a prior conviction under this paragraph shall constitute a misdemeanor of the second degree and, upon conviction, in addition to any other penalty authorized by law, shall be punishable by a fine of not less than $15,000 and a revocation of a license issued under section 1108 (relating to fees, granting of licenses and inspections).
(3) A person selling or using display fireworks in violation of the provisions of this chapter for the first offense commits a felony of the third degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $10,000. A subsequent offense under this paragraph committed within three years of a prior conviction under this paragraph shall constitute a felony of the third degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $15,000.
(4) A person selling federally illegal explosives such as devices as described in 49 CFR 173.54 (relating to forbidden explosives) or those devices that have not been tested, approved and labeled by the United States Department of Transportation, including, but not limited to, those devices commonly referred to as M-80, M-100, blockbuster, cherry bomb or quarter-stick or half-stick explosive devices, in violation of the provisions of this chapter for the first offense commits a felony of the third degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $10,000. A subsequent offense under this paragraph committed within three years of a prior conviction under this paragraph shall constitute a felony of the third degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $15,000.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 11 - Fireworks › Section 1115 - Removal, storage and destruction

§ 1115. Removal, storage and destruction.
(a) Authority.--
The Pennsylvania State Police, a municipal police officer as defined in 42 Pa.C.S. § 8951 (relating to definitions) who holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training), a sheriff or a deputy or a member of a Pennsylvania bomb squad accredited by the Federal Bureau of Investigation and certified in hazardous devices training shall take, remove or cause to be removed at the expense of the owner all stocks of consumer fireworks or display fireworks or combustibles offered or exposed for sale, used, stored or held in violation of this chapter. The owner shall also be responsible for the storage and, if deemed necessary, the destruction of these fireworks.
(b) Cost recovery.--
A Pennsylvania bomb squad accredited by the Federal Bureau of Investigation and certified in hazardous devices training shall attempt to recover any costs associated with the removal, storage or destruction of consumer fireworks, display fireworks or combustibles under subsection (a) from the owner of the consumer fireworks. Reimbursement under subsection (c) shall only be available when the costs under this subsection cannot be recovered.
(c) Reimbursement.--
If the costs under subsection (b) cannot be recovered, a Pennsylvania bomb squad accredited by the Federal Bureau of Investigation and certified in hazardous devices training may seek reimbursement from the Office of the State Fire Commissioner for the actual costs associated with the removal, storage or destruction of consumer fireworks, display fireworks or combustibles.
Cross References.
Section 1115 is referred to in section 1113 of this title; section 7389 of Title 35 (Health and Safety).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 15 - Controlled Plants and Noxious Weeds › Extra - Chapter Notes

Enactment.
Chapter 15 was added October 30, 2017, P.L.774, No.46, effective in 60 days. Section
            2 of Act 46 provided that the regulations under 7 Pa. Code §§ 111.22 (relating to
            prohibited noxious weed seeds) and 111.23 (relating to restricted noxious weed seeds)
            are abrogated insofar as they are inconsistent with the addition of Chapter 15.