reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 65 - Food Employee Certification › Section 6504 - Certification of employees

§ 6504. Certification of employees.
(a) General rule.--
A retail food facility shall have at least one employee who holds a valid certificate present at the retail food facility or immediately accessible at all hours of operation and who is the person in charge of the retail food facility when physically present and on duty.
(a.1) Multiple retail food facilities.--
(1) Except as provided under paragraph (2), a person who meets the requirements of subsection (a) may only be the required certified employee for a single retail food facility.
(2) If a proprietor operates more than one retail food facility at a temporary fair, festival or other temporary event, a person who meets the requirements of subsection (a) may be the certified employee for all of those temporary retail food establishments.
(a.2) Federal recommended standards.--
Notwithstanding this chapter, if, after the effective date of this subsection, the Food Code published by the United States Department of Health, Food and Drug Administration, recommends that a person in charge hold a certificate or recommends that a certificate holder with supervisory authority be present during hours of operation at a retail food facility, the department shall, by regulation, establish this recommended standard as the standard for retail food facilities.
(b) (Reserved).
(c) Compliance.--
(1) (Reserved).
(2) A retail food facility exempt under section 6510(d) (relating to exemptions) may voluntarily seek certification under this section.
(3) Except as provided in section 6510, compliance with this chapter by a retail food facility shall be mandatory.
(d) Employee turnover.--
Retail food facilities which are not in compliance because of employee turnover or other loss of certified employees shall have three months from the date of loss of certified employees to comply.
(e) Maintenance and inspection of records.--
Names and certificate numbers of certified employees shall be maintained at the place of business and shall be made available to and shall be inspected by:
(1) the department for retail food facilities that are licensed under Subchapter A of Chapter 57 (relating to retail food facility safety) by the department; or
(2) the licensor for retail food facilities that are licensed under Subchapter A of Chapter 57 by a licensor that is not the department.
(f) Period of certification.--
Certification shall be in effect for the certification interval prescribed by the accredited certification program described in section 6503(c) (relating to certification programs). Renewal of certification shall be based on the successful completion of the certification requirements of an accredited certification program as described in section 6503(c).
(g) (Reserved).
(h) (Reserved).
(Dec. 20, 2000, P.L.934, No.124, eff. 60 days; Dec. 9, 2002, P.L.1495, No.190, eff. imd.; Nov. 23, 2010, P.L.1039, No.106, eff. 60 days)
Cross References.
Section 6504 is referred to in section 6510 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 65 - Food Employee Certification › Section 6506 - Reciprocal agreements (Repealed)

§ 6506. Reciprocal agreements (Repealed).
2010 Repeal.
Section 6506 was repealed November 23, 2010, P.L.1039, No.106, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 65 - Food Employee Certification › Section 6507 - Suspension of certification (Repealed)

§ 6507. Suspension of certification (Repealed).
2010 Repeal.
Section 6507 was repealed November 23, 2010, P.L.1039, No.106, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 65 - Food Employee Certification › Section 6508 - Civil penalties

§ 6508. Civil penalties.
(a) Retail food facilities licensed by the department.--
For retail food facilities licensed under Subchapter A of Chapter 57 (relating to retail food facility safety) by the department, and in addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this chapter or a rule or regulation adopted thereunder or any order issued pursuant thereto, the department may assess a civil penalty not to exceed $300 for the first offense or not to exceed $1,000 for subsequent offenses upon a person or retail food facility for each offense. No civil penalty shall be assessed unless the person charged has been given notice and opportunity for a hearing on the charge in accordance with law.
(b) Retail food facilities licensed by other licensor.--
For retail food facilities licensed under Subchapter A of Chapter 57 by a licensor that is not the department, penalties under this chapter shall be established by the licensor.
(Nov. 23, 2010, P.L.1039, No.106, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 65 - Food Employee Certification › Section 6509 - Fees (Repealed)

§ 6509. Fees (Repealed).
2010 Repeal.
Section 6509 was repealed November 23, 2010, P.L.1039, No.106, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 65 - Food Employee Certification › Section 6510 - Exemptions

§ 6510. Exemptions.
(a) Prepackaged food.--
(1) Retail food facilities where only commercially prepackaged food is handled and sold are exempt from this chapter.
(2) Retail food facilities that handle and sell food other than commercially prepackaged food are exempt from this chapter during time periods or work shifts when only commercially prepackaged food is sold.
(b) Nonpotentially hazardous food.--
(1) Retail food facilities that handle only nonpotentially hazardous food are exempt from this chapter.
(2) Retail food facilities that handle and sell potentially hazardous food are exempt from this chapter during time periods or work shifts when only nonpotentially hazardous food is handled and sold.
(c) Food establishments.--
Food establishments are exempt from this chapter.
(d) Exempt retail food facilities.--
Except as set forth in section 6504(c)(2) (relating to certification of employees), the following retail food facilities are exempt from this chapter:
(1) A retail food facility managed by an organization which is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)).
(2) A retail food facility managed on a not-for-profit basis by an organization which is a volunteer fire company or an ambulance, religious, charitable, fraternal, veterans, civic, agricultural fair or agricultural association or any separately chartered auxiliary of any of the above associations.
(3) A retail food facility managed by an organization which is established to promote and encourage participation and support for extracurricular recreational activities for youth of primary and secondary public, private and parochial school systems on a not-for-profit basis. This paragraph does not apply to organized camps.
(Dec. 20, 2000, P.L.934, No.124, eff. 60 days; Nov. 23, 2010, P.L.1039, No.106, eff. 60 days)
Cross References.
Section 6510 is referred to in section 6504 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 67 - Fertilizer (Repealed) › Section 6701 - § 6725 - (Repealed)

2022 Repeal.
Chapter 67 (§§ 6701 - 6725) was added December 13, 2001, P.L.876, No.97, and repealed July 11, 2022, P.L.1538, No.83, effective immediately. The subject matter is now contained in Chapter 68 of this Title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Extra - Chapter Notes

Enactment.
Chapter 68 was added July 11, 2022, P.L.1538, No.83, effective immediately unless
               otherwise noted.
Cross References.
Chapter 68 is referred to in sections 6921, 7122 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6802 - Licensing

§ 6802. Licensing.
(a) Requirements.--
Each person engaged in the manufacture of fertilizer to be distributed in this Commonwealth and each guarantor of the fertilizer shall, on or before July 1 of each year or prior to manufacture or distribution of the fertilizer, obtain a fertilizer license for each facility located in this Commonwealth and for each guarantor by completing a form furnished by the department and paying a $50 application fee for each facility and for each guarantor. All licenses shall expire on June 30 of each year.
(b) Labeling and typical analysis.--
The department may require an applicant for a fertilizer license or a current fertilizer licensee to submit the labeling that the person is using or intends to use for the fertilizer. The department may also require an applicant or fertilizer licensee to provide a typical analysis of selected components that may be in the fertilizer.
Cross References.
Section 6802 is referred to in section 6801 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6803 - Registration of specialty fertilizers

§ 6803. Registration of specialty fertilizers.
(a) Application.--
Each brand and grade of specialty fertilizer shall be registered by the guarantor with the department before being offered for sale, sold or distributed in this Commonwealth. An application for each brand and grade of specialty fertilizer shall be made on a form furnished by the department and shall be accompanied by a fee of $100 per each grade of each brand. Labels for each brand and grade shall accompany the application. All registrations shall expire on June 30 of each year.
(b) Contents of specialty fertilizer registration application.--
An application for registration shall include:
(1) The brand and grade.
(2) The guaranteed analysis.
(3) The name and address of the guarantor.
(4) The net weight.
(c) Exemption.--
(1) A distributor shall not be required to register a specialty fertilizer that is already registered under this chapter by another person, if the label does not differ in a material respect.
(2) Registration shall not be required when a fertilizer is formulated according to the specifications that are furnished by the consumer and is not further distributed or offered for sale to the general public.
(d) Late fee.--
(1) If the application for renewal of the specialty fertilizer registration required under this section is not filed prior to June 30 of each year, a penalty of $25 or 10% of the total registration fee for all products sought to be registered, whichever is greater, may be assessed and added to the original fee and shall be paid by the applicant before the renewal of the specialty fertilizer registration is issued.
(2) The penalty shall not apply if the applicant furnished an affidavit that the applicant has not distributed the specialty fertilizer subsequent to the expiration of the applicant's prior registration.
Cross References.
Section 6803 is referred to in sections 6816, 6904 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6804 - Components of fertilizer labeled for turf

§ 6804. Components of fertilizer labeled for turf.
(a) General rule.--
Except as provided in subsection (b), fertilizer labeled for turf that is distributed to consumers in this Commonwealth shall:
(1) Consist of at least 20% enhanced efficiency nitrogen of the total nitrogen or as otherwise determined by the department, which determination shall be transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(2) Contain no phosphorus, unless the fertilizer is a natural organic or organic-based fertilizer.
(b) Exemptions.--
(1) Subsection (a) shall not apply when fertilizer is labeled for repairing a turf area or establishing a turf area for the first time.
(2) Subsection (a)(1) shall not apply to liquid fertilizers or readily available nitrogen fertilizers labeled for turf, if the directions for use are in accordance with the requirements of section 6813 (relating to application of fertilizer to turf).
(c) Additional requirements.--
The department, through regulation, may establish additional requirements for fertilizer applied to turf.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6806 - Inspection fees

§ 6806. Inspection fees.
The guarantor whose name appears on the label of a fertilizer distributed in this Commonwealth shall pay semiannually and not later than January 31 and July 31 of each year an inspection fee at the rate of 17¢ per ton of fertilizer distributed in this Commonwealth. In no case shall the inspection fee paid semiannually amount to less than $25.
Cross References.
Section 6806 is referred to in section 6906 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6807 - Tonnage reports

§ 6807. Tonnage reports.
(a) Requirements.--
The guarantor whose name appears on a label shall submit, along with the requisite inspection fee, a report in a manner prescribed by the department listing by county the intended use and net tons of each brand and grade of fertilizer distributed in this Commonwealth for the period covered by the inspection fee. The department may promulgate regulations to establish additional tonnage reporting requirements.
(b) Multiple guarantors.--
When more than one guarantor is involved in the distribution of fertilizer, the guarantor who distributed the fertilizer last shall report the tonnage and pay the inspection fee, unless the report and payment have been made by a prior distributor.
(c) Late fee.--
A penalty of $25 or 10% of the total inspection fee, whichever is greater, shall be imposed for a fee or report not submitted at the required time.
(d) Examination permitted.--
(1) The department or its authorized representative may examine the records of the guarantor to verify the information contained in the reports filed with the department.
(2) Reports containing fraudulent or incorrect information shall be considered a violation of this chapter for which the department may assess a penalty as provided for in this chapter.
(e) Confidentiality of information.--
(1) Notwithstanding the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, or its successor statute, no proprietary information furnished to the department under this section shall be disclosed in a way as to knowingly or intentionally divulge a trade secret of a person subject to the provisions of this chapter.
(2) This subsection shall not apply to information furnished to a court or administrative tribunal in accordance with law.
Cross References.
Section 6807 is referred to in section 6907 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6808 - Plant nutrient deficiency

§ 6808. Plant nutrient deficiency.
(a) Penalties.--
The following penalties shall be assessed for deficiencies from the guaranteed analysis:
(1) A penalty payment of five times the commercial value of each deficiency shall be assessed when the analysis shows that a fertilizer is deficient if:
(i) one or more of its guaranteed primary plant nutrients is beyond a tolerance of 10% (two unit maximum); or
(ii) the overall index value of the primary nutrients in the fertilizer is below 97.
(2) When a fertilizer is subject to a penalty payment under paragraph (1)(i) and (ii), the larger penalty payment shall apply. Any penalty assessed shall not exceed the retail price of the lot of fertilizer represented by the official sample.
(3) Deficiencies beyond the tolerance as established by regulation in a component other than a primary nutrient shall be evaluated by the department and shall be subject to a penalty under this chapter.
(b) Payment of penalties.--
Within 90 days following receipt of the official report of analysis, the guarantor shall pay to the consumer a deficiency penalty in the amount prescribed on the report of analysis. Receipts of payment shall be promptly forwarded by the guarantor to the department. If the consumer cannot be found, the penalties shall be paid to the department.
(c) Deficiencies in fertilizers.--
A deficiency in an official sample of fertilizer resulting from nonuniformity shall not be deemed distinguishable from a deficiency due to actual plant nutrient shortage and shall be deemed a violation of this chapter for which the department may assess a penalty as provided for in this chapter.
Cross References.
Section 6808 is referred to in section 6809 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6809 - Commercial value

§ 6809. Commercial value.
For the purpose of determining the commercial value to be applied under section 6808 (relating to plant nutrient deficiency), the department shall determine and publish annually a notice transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin stating the values per pound of total nitrogen, available phosphate and soluble potash in fertilizers in this Commonwealth. The values published in the Pennsylvania Bulletin shall take effect July 1 of each year and be used in determining and assessing penalty payments.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6810 - Misbranding

§ 6810. Misbranding.
No person may distribute a fertilizer that is misbranded. A fertilizer shall be deemed to be misbranded if any of the following apply:
(1) Its labeling is false or misleading.
(2) It is distributed under the name of another fertilizer.
(3) It is not labeled as required in section 6805 (relating to labels and labeling) and in accordance with regulations prescribed under this chapter.
(4) It purports to be or is represented as a fertilizer or is represented as containing a plant nutrient or fertilizer, unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by regulation.
(5) The label or labeling are in conflict with section 6813 (relating to application of fertilizer to turf).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6811 - Adulteration

§ 6811. Adulteration.
(a) Prohibition.--
No person may distribute a fertilizer that is adulterated. A fertilizer shall be deemed to be adulterated if any of the following apply:
(1) It contains a deleterious or harmful substance in any 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 that may be necessary to protect plant life, animals, humans, aquatic life, soil or water are not shown on the label.
(3) Its composition falls below or differs from that which it is purported to possess by its labeling.
(4) It contains viable weed seed or unwanted crop seed in amounts exceeding the limit that the department establishes by regulation.
(b) Exception.--
A fertilizer shall not be considered adulterated under this section if the quantity of the substance in the fertilizer does not ordinarily render it injurious.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6812 - Application of fertilizer

§ 6812. Application of fertilizer.
(a) Restrictions.--
(1) No person may apply nonaquatic fertilizer within 15 feet of the top of a bank of a lake, pond, wetlands or flowing body of water, such as a stream, river or creek, except that fertilizer may be applied to the top of the bank of the waterways if applied using a drop spreader, rotary spreader with deflector, targeted spray liquid or other available targeted application technology when establishing and maintaining a stream buffer zone.
(2) The establishment of setbacks for fertilizer application under this subsection shall not be construed to preclude the establishment or applicability of or required compliance with any other environmental standard established under other Federal or State law, rule or regulation.
(b) Regulation.--
The department may establish additional restrictions through regulation.
(c) Construction.--
Nothing in this section shall be construed to prohibit the lawful use of fertilizer in blasting as regulated by the Department of Environmental Protection.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6814 - Prohibited acts

§ 6814. Prohibited acts.
A person may not:
(1) Apply fertilizer with a device that is not intended for the application of fertilizer or that has not been properly calibrated.
(2) Operate fertilizer application equipment or devices in a faulty, careless or negligent manner.
(3) Dispose of, discard or store a fertilizer product in a manner that would be inconsistent with its label, would cause over-application of fertilizer, would result in direct discharge to a storm drain or waters of this Commonwealth or would be inconsistent with this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.
(4) Aid or abet another person to evade the provisions of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter, conspire with another person for that purpose.
(5) Hinder, mislead, make false statements to or refuse to cooperate with an employee or agent of the department in an investigation or inspection undertaken by the authority delegated to the department under the provisions of this chapter.
(6) Apply fertilizer for the purposes of melting snow or ice, unless the material is applied to aircraft or areas an aircraft accesses at an airport.
(7) Fail to comply with a provision of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.
(8) Make a false statement or misrepresentation of material fact on an application for issuance or renewal of a license required under this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.
(9) Refuse or neglect to comply with a condition or limitation imposed upon a license issued under this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.
(10) Refuse to present evidence of proper licensure to an employee or agent of the department upon request.
(11) Refuse or neglect to keep and maintain a record, or make a report when and as required, by this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6815 - Agricultural and homeowner education

§ 6815. Agricultural and homeowner education.
The department, through guidelines established in consultation with The Pennsylvania State University and representatives of the agricultural and turf grass industries, shall establish and administer a program of public outreach to educate the public on proper use, application, handling and storage of fertilizers.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6816 - Publications

§ 6816. Publications.
The department may publish on an annual basis, and in a form as it deems proper, information concerning the distribution of fertilizers and results of analyses based on official samples of fertilizer distributed within this Commonwealth as compared with analyses guaranteed under sections 6803 (relating to registration of specialty fertilizers) and 6805 (relating to labels and labeling).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6817 - Rules and regulations

§ 6817. Rules and regulations.
The department may promulgate and enforce rules and regulations necessary for administration and implementation of this chapter. Regulations currently in place shall remain in effect, to the extent they are consistent with this chapter, until such time as new regulations are promulgated by the department. The department may draft and issue such orders as are necessary to enforce and provide clarity for administration of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6818 - Short weight

§ 6818. Short weight.
If the department finds that a fertilizer in the possession of a consumer is short in weight, the guarantor of that fertilizer shall, within 30 days after official notice from the department, submit to the consumer a penalty payment of two times the value of the actual shortage.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6819 - Refusal, suspension or revocation of registration or license

§ 6819. Refusal, suspension or revocation of registration or license.
(a) Authority of department.--
The department may refuse, suspend or revoke:
(1) the registration of a fertilizer;
(2) the license of a person, if the person is a registrant or licensee and has not complied with the provisions of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter; or
(3) the license of a person, if the person has used fraudulent or deceptive practices in the evasion or attempted evasion of the provisions of this chapter.
(b) Hearing.--
The department shall provide an opportunity for a hearing, as specified in section 6826 (relating to appeal process), to a person appealing an action of the department under this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6820 - Stop-sale orders

§ 6820. Stop-sale orders.
(a) Authority of department.--
(1) The department may issue and enforce a written or printed stop-sale, use or removal order to the owner or custodian of a lot of fertilizer being offered or exposed for sale in violation of a provision of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.
(2) Fertilizer placed under the order shall be held at a designated place approved by the department and may not be moved without written approval by the department.
(3) The order shall remain in effect until the law has been complied with and the fertilizer is released in writing by the department or the fertilizer in violation has been disposed of in a manner authorized by the department. The authorization shall be specified in writing.
(b) Release by department.--
The department shall release the fertilizer held under a stop-sale order when the requirements of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter have been complied with and all costs and expenses incurred in connection with the order have been paid by the person responsible for the violation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6821 - Seizure and condemnation

§ 6821. Seizure and condemnation.
Fertilizer not in compliance with the provisions of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter shall be subject to seizure and condemnation by the department, provided that in no instance shall the disposition of the fertilizer be ordered by the department without first giving the claimant an opportunity for a hearing as provided for in section 6826 (relating to appeal process) or for opportunity to apply for permission to process or relabel the fertilizer to bring it into compliance with this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6822 - Unlawful conduct

§ 6822. Unlawful conduct.
It shall be unlawful for a person to fail to comply with or cause to assist in the violation of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6823 - Inspection, sampling and analysis

§ 6823. Inspection, sampling and analysis.
(a) Authorization.--
For purposes of enforcement of this chapter, the department or its agent may enter upon any public or private premises or carriers at reasonable times, including any vehicle being used to transport or hold fertilizer, as may be necessary to determine compliance with this chapter. The department may also:
(1) Have access for the purpose of inspecting any equipment subject to this chapter and the premises on which the equipment is kept or stored.
(2) Inspect and sample lands, plants or waterways actually or reported to be exposed to fertilizers.
(3) Inspect storage or disposal areas.
(4) Inspect or investigate complaints of injury to humans, animals, plants or the environment.
(5) Sample fertilizers being manufactured, processed, packed or held for distribution, being applied or to be applied.
(6) Have access to records relating to the manufacture, distribution, sale, storage and use of fertilizer.
(b) Inspection.--
(1) The department may conduct unannounced inspections, but shall give written notice to the owner or person in charge of the facility, warehouse, establishment, premises or vehicle at the time of inspection and sampling.
(2) A separate notice shall be given for each inspection, but a notice shall not be required for each entry made during the period covered by the inspection.
(c) Samples.--
If an employee conducting an inspection obtains a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, the employee may, when possible, give to the owner, operator or agent in charge a receipt describing the samples obtained.
(d) Methodology.--
(1) The methods of fertilizer sampling and analysis by the department may include those methods adopted by the Association of Official Analytical Chemists International.
(2) In cases not covered by those 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 the notice is promulgated as a regulation.
(e) Deficiency determination.--
In determining whether a fertilizer is deficient in nutrients, the department shall be guided solely by the official sample obtained.
(f) Maintenance by official samples.--
(1) Official samples maintained by the department and that require imposition of a penalty for nutrient deficiency shall be retained for a minimum of 90 days from issuance of a fertilizer deficiency report or an official report of analysis.
(2) Upon request, the department shall furnish to the guarantor a portion of the official sample.
(3) Requests must be made within 30 days of receipt of a fertilizer deficiency report or an official report of analysis.
Cross References.
Section 6823 is referred to in section 6824 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6824 - Interference with officer or employee of department

§ 6824. Interference with officer or employee of department.
(a) Interference.--
A person who willfully or intentionally interferes with an employee or officer of the department in the performance of the 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 for not more than one year or a fine of not more than $2,500, or both.
(b) Refuse entry.--
(1) It shall be a violation of this chapter to refuse entry to a department employee or agent acting under the authority of this chapter.
(2) For purposes of this subsection, the term "refuse entry" includes any of the following:
(i) Preventing entry to the establishment or any other place or object set forth in section 6823(a) (relating to inspection, sampling and analysis).
(ii) Preventing the taking of a sample as authorized under this chapter.
(iii) Preventing access to records required under this chapter or any order issued under the authority of this chapter or regulation promulgated under this chapter.
(c) Search warrant.--
(1) The department may apply for a search warrant to any court of competent jurisdiction authorized to issue a search warrant for the purposes of conducting inspections, collecting samples or examining records of any facility, premises or vehicle in the enforcement of this chapter.
(2) The warrant shall be issued upon probable cause. It shall be sufficient probable cause to show any of the following:
(i) The department or its authorized agent has been subject to interference or refused entry as defined under subsections (a) and (b).
(ii) The department has reasonable grounds to believe that a violation of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter has occurred.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6826 - Appeal process

§ 6826. 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). A person shall have 15 days to appeal an enforcement action of the department.
Cross References.
Section 6826 is referred to in sections 6819, 6821 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6827 - Civil remedy

§ 6827. Civil remedy.
(a) Office of Attorney General.--
In addition to other remedies provided for in this chapter, the Office of Attorney General, at the request of the department, may initiate in Commonwealth Court or the court of common pleas of the county in which the defendant resides or has a place of business an action in equity for an injunction to restrain a violation of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter from which no timely appeal has been taken or which has been sustained on appeal.
(b) Preliminary injunctions.--
In a proceeding under subsection (a), the court shall, upon motion of the Commonwealth, issue a preliminary injunction if the court finds that the defendant is engaging in conduct that causes immediate or irreparable harm to the public or has engaged in other conduct which the court has developed through case law.
(c) Bonds not required.--
The Commonwealth may not be required to furnish bond or other security in connection with proceedings under this section.
(d) Civil penalties.--
In addition to an injunction, the court may levy civil penalties as provided by this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6829 - Exchanges between manufacturers

§ 6829. Exchanges between manufacturers.
Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of fertilizers to each other by importers, manufacturers or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of fertilizer to manufacturers or manipulators who are in compliance with the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6830 - Confidentiality

§ 6830. Confidentiality.
All proprietary business information contained in records, data, formulations and other information filed with or collected by the department and that relate to tonnage reports and trade secrets, such as product formulation, customer information or production methods, shall be exempt from the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, and subject to inspection only upon the order of a court of competent jurisdiction. Aggregate data may be shared with other Federal, State or local agencies.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6831 - Disposition of funds

§ 6831. Disposition of funds.
Money received from license fees, registration fees, inspection fees, fines and penalties shall be paid into a special restricted account in the General Fund known as the Agronomic Regulatory Account. All money in the Agronomic Regulatory Account is appropriated on a continuing basis to the department for the purposes of this chapter and Chapters 69 (relating to soil and plant amendment) and 71 (relating to seed).
Cross References.
Section 6831 is referred to in sections 6921, 7122 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 68 - Fertilizer › Section 6832 - Exclusion of local laws and regulations

§ 6832. Exclusion of local laws and regulations.
(a) Effect of chapter.--
The provisions of this chapter are of Statewide concern and occupy the whole field of regulation regarding the registration, packaging, labeling, sale, transportation, distribution, use and application of fertilizers to the exclusion of all local regulations.
(b) Enforcement.--
No ordinance or regulation of a local agency, political subdivision or home rule municipality may prohibit or attempt to regulate a matter relating to the registration, packaging, labeling, sale, transportation, distribution, use or application of fertilizers, if the ordinance or regulation conflicts with this chapter.
(c) Stricter requirements.--
Nothing in this chapter shall be construed to prevent a political subdivision or home rule municipality from adopting and enforcing an ordinance or a regulation that is consistent with and no more stringent than the requirements of this chapter and the regulations promulgated under this chapter. No penalty shall be assessed under the local ordinance or regulation under this subsection for a violation for which a penalty has been assessed under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Extra - Chapter Notes

Enactment.
Chapter 69 was added December 13, 2001, P.L.876, No.97, effective in 60 days.
Cross References.
Chapter 69 is referred to in sections 6831, 7122 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6903 - Licensing

§ 6903. Licensing.
(a) General rule.--
Every person engaged in the manufacture of a soil amendment, plant amendment, soil-amending ingredient or plant-amending ingredient to be distributed in this Commonwealth and every guarantor of such products shall, on or before July 1 of each year or prior to manufacture or distribution, apply for and obtain an annual license for each guarantor and each facility located in this Commonwealth. The application for licensure must be on the form prescribed by the department and shall be accompanied by a $25 application fee. All licenses shall expire on June 30 of each year.
(b) Labeling and typical analysis.--
The department may also require an applicant for a license or a current licensee to submit the labeling that the person is using or intends to use for their soil amendments or plant amendments. The department may also require an applicant or licensee to provide a typical analysis of selected components that may be in the soil amendment or plant amendment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6904 - Registration

§ 6904. Registration.
(a) Application.--
Each brand and separately identified soil amendment and plant amendment product shall be registered by the guarantor with the department before being offered for sale, sold or distributed in this Commonwealth. An application for registration shall be submitted to the department on a form prescribed by the department and shall be accompanied by a fee of $25 per product. Labels and labeling shall accompany the application. Upon approval of an application by the department, a copy of the registration shall be furnished to the applicant. All registrations shall expire on June 30 of each year.
(b) Contents of application.--
An application for registration shall include:
(1) The brand name.
(2) The active ingredients:
(i) Name and percentage of soil-amending ingredients.
(ii) Name and percentage of plant-amending ingredients.
(3) The total percentage of other ingredients.
(4) The purpose of the product.
(5) The directions for application.
(6) The name and address of the guarantor.
(7) The net weight.
(c) Exemption.--
(1) A distributor shall not be required to register a brand of soil amendment or plant amendment which is already registered under this chapter by another person, providing the label does not differ in any material respect.
(2) A person shall not be required to pay the registration fee under this section if the product contains a fertilizer and is actively registered under section 6803 (relating to registration of specialty fertilizers).
(d) Minimum percentage to be established.--
The department may by regulation establish the minimum percentage of soil-amending ingredients or plant-amending ingredients that must be present before a soil amendment or plant amendment may be registered and distributed.
(e) Late fee.--
If the application for renewal of the soil amendment or plant amendment registration required in this section is not filed prior to June 30 of each year, a penalty of $25 or 10% of the registration fee, whichever is greater, may be assessed and added to the original fee and shall be paid by the applicant before the renewal soil amendment or plant amendment registration is issued. The penalty shall not apply if the applicant furnished an affidavit that the applicant has not distributed the soil amendment or plant amendment subsequent to the expiration of the applicant's prior registration.
(Nov. 21, 2023, P.L.179, No.30, eff. imd.)
2023 Amendment.
Act 30 amended subsec. (c).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6905 - Labels and labeling

§ 6905. Labels and labeling.
(a) General rule.--
Any soil amendment or plant amendment distributed in a container in this Commonwealth shall have placed on or affixed to the container a label setting forth in legible and conspicuous form:
(1) The brand name.
(2) The active ingredients:
(i) Name and percentage of soil-amending ingredient.
(ii) Name and percentage of plant-amending ingredient.
(3) The total percentage of other ingredients.
(4) The purpose of the product.
(5) The directions for application.
(6) The name and address of the guarantor.
(7) The net weight.
(b) Bulk shipments.--
In the case of bulk shipments of soil or plant amendments, the information required by subsection (a) shall accompany delivery and shall be provided in writing to the purchaser at time of delivery.
(c) False or misleading information prohibited.--
No information or statement shall appear on any package, label, delivery slip or advertising matter which is false or misleading to the purchaser as to the use, value, quality, analysis, type or composition of the soil amendment or plant amendment.
(d) Proof of labeling claims.--
The department may require proof of any labeling claims made for a soil amendment or plant amendment. Any research in support of such claims shall be performed by an institution approved by the department utilizing acceptable scientific methodology.
(e) Ingredient identification.--
When a soil-amending ingredient or plant-amending ingredient is identified on a label, it must be determinable by laboratory methods such as those set forth in section 6908(b) (relating to inspection, sampling and analysis).
(f) Volume labeling authorized.--
The department may allow labeling by volume rather than weight in subsection (a). The department may allow payment of inspection fees on a calculated equivalent of volume to tons.
(g) Bulk storage.--
Soil amendments and plant amendments in bulk storage intended for distribution shall be identified with a label attached to the storage bin or container giving the brand and name of the product.
Cross References.
Section 6905 is referred to in section 6909 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 69 - Soil and Plant Amendment › Section 6906 - Inspection fees

§ 6906. Inspection fees.
(a) Amounts.--
(1) The guarantor whose name appears on the label of a soil amendment or plant amendment distributed in this Commonwealth shall pay semiannually and not later than January 31 and July 31 of each year an inspection fee at the rate of 15¢ per ton. In no case shall the inspection fee paid semiannually amount to less than $25.
(2) (Deleted by amendment).
(3) (Deleted by amendment).
(b) Adjustment to fees by secretary.--
(1) Notwithstanding the provisions of subsection (a), if the secretary determines following notice to the registrants and licensees that moneys derived from the registration and inspection fees are either greater or less than that required to administer this chapter, the secretary may reduce or increase the inspection fee so as to maintain revenues sufficient to administer this chapter.
(2) An inspection fee so established may not be changed by more than 2¢ in one year and may not exceed 25¢ per ton.
(3) The secretary shall announce the adjustment of fees by publishing a notice in the Pennsylvania Bulletin. The adjusted fees shall take effect 60 days after publication of such notice in the Pennsylvania Bulletin.
(c) Exemption.--
The guarantor shall not be required to pay an inspection fee under this section for a product that was subject to an inspection fee under section 6806 (relating to inspection fees).
(Nov. 21, 2023, P.L.179, No.30, eff. imd.)
2023 Amendment.
Act 30 added subsec. (c) and deleted subsec. (a)(2) and (3).