reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.13 - Pesticide inventory

Current through Register Vol. 54, No. 28, July 13, 2024
Following the expiration of the 90-day preregistration
				  application period in §
									128b.8(a)
				  (relating to preregistration process), the Department will compile an inventory
				  of the pesticides which are located within a particular participating county
				  and which are intended for collection and disposal under the Program. The
				  sources of information for this pesticide inventory may include preregistration
				  application forms, additional information requested from an applicant under
				  §
									128b.7(d)
				  (relating to preregistration application), information obtained through
				  interviews with applicants or physical inspection of pesticides, results of
				  laboratory tests conducted by the Department and other sources of which the
				  Department avails itself. The pesticide inventory shall include the information
				  listed in §
									128b.7(b)  and
				  other information the Department deems relevant to the bidding and contracting
				  process set forth in §
									128b.14 (relating to bid
				  specifications).
The provisions of this §
											128b.13 amended under section
					 7(b)(2) of the Pesticide Control Act of 1973 (3 P. S. §
												111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.14 - Bid specifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. After the Department completes its compilation of the
				pesticide inventory for a particular participating county, it shall develop bid
				specifications for use in contracting for the disposal of the pesticide
				inventory. The Department may make the pesticide inventories of two or more
				participating counties the subject of a single disposal contract.
(b)
Contractor
				qualifications
. The bid specifications for the collection, packing,
				transportation and disposal of a pesticide inventory shall require that the
				following requirements are met:
(1) A
				contractor shall be approved by the EPA to collect, handle, transport and
				dispose of hazardous materials.
(2)
				A contractor shall be approved by the Department of Environmental Protection to
				collect, handle, transport and dispose of hazardous materials.
(3) A contractor shall provide a written,
				detailed description of the procedures which it shall use in collection,
				packing, transportation, and disposal of the pesticide inventory, including
				packing procedures, transportation methods, selection of pesticide collection
				sites, disposal sites and methods of disposal, including a description of
				required State and Federal permits and documentation necessary to accomplish
				disposal.
(4) A contractor shall
				handle, collect, pack, transport and dispose of pesticides, in compliance with
				the written description provided the Department.
(5) A contractor shall provide a specific
				time within which it shall complete its work under the contract.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.15 - Notification of participants

Current through Register Vol. 54, No. 28, July 13, 2024
After the Department awards a pesticide disposal contract
				  with respect to a participating county, the contractor will notify each
				  selected applicant holding, owning or possessing pesticides to be disposed of
				  under the disposal contract that his preregistration application has been
				  accepted and that he shall be a participant in the program. The notice will be
				  in writing, by regular United States mail, addressed to the same address as
				  appears on the preregistration application. The notice will also inform the
				  participant of obligations with respect to either transporting his pesticides
				  to a central site for collection or otherwise making pesticides available for
				  onsite collection by the contractor.
The provisions of this §
											128.15 amended under section
					 7(b)(2) of the Pesticide Control Act of 1973 (3 P. S. §
												111.27(b)(2)).
This section cited in 7 Pa. Code §
											128b.10 (relating to
					 responsibilities of applicant or participating
					 farmer).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.16 - Central-site

Current through Register Vol. 54, No. 28, July 13, 2024
Although the Department will assist the contractor in
				  obtaining a central site for pesticide collection prior to transportation and
				  disposal, the decision whether to use a particular site for pesticide
				  collection is exclusively the contractor's. The contractor is responsible for
				  establishing, insuring and operating the site and is responsible in the event
				  of a pesticide spill or other environmentally-impacting incident which gives
				  rise to legal liability.
The provisions of this §
											128b.16 amended under section
					 7(b)(2) of the Pesticide Control Act of 1973 (3 P. S. §
												111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.17 - Conditions requiring on-site pesticide collection

Current through Register Vol. 54, No. 28, July 13, 2024
A leaking, deteriorated or otherwise unsafe container of
				  pesticide may not be transported by a participant to a central site for
				  collection by a contractor, but shall be over packed and collected onsite by
				  the contractor. Quantities of pesticide that are too large, too heavy, too
				  unwieldy, in excess of allowable quantities for waste transport or otherwise
				  incapable of being safely transported by a participant to a central site for
				  collection shall be collected onsite by a contractor. If either the contractor
				  or the participant makes the determination that a pesticide container is
				  leaking, deteriorated or otherwise unsafe, or that a pesticide container is too
				  large, too heavy, too unwieldy or otherwise incapable of being safety
				  transported by a participant to a central site for collection, the pesticide
				  container shall be over packed and collected onsite by the
				  contractor.
The provisions of this §
											128b.17 amended under section
					 7(b)(2) of the Pesticide Control Act of 1973 (3 P. S. §
												111.27(b)(2)).
This section cited in 7 Pa. Code §
											128b.14 (relating to bid
					 specifications).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128b - CHEMSWEEP PESTICIDE DISPOSAL PROGRAM › Section 128b.18 - State and Federal regulations

Current through Register Vol. 54, No. 28, July 13, 2024
To the extent that a conflict is subsequently found to exist
				  between this chapter and other regulations of the Commonwealth or the United
				  States pertaining to the collection, packing, transport, storage or disposal of
				  hazardous waste, or pertaining to the qualification, authorization or licensure
				  of persons to perform the foregoing activity, or pertaining to insurance or
				  other surety requirements of persons performing the foregoing activities, other
				  regulations of the Commonwealth or the United States supersede this
				  chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130a - SOIL CONDITIONERS AND PLANT GROWTH SUBSTANCES › Section 130a.1 - Registration requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Products to be registered.
Products labeled, advertised or
				sold as soil conditioners or plant growth substances, as defined in section
				2(17) and (18) of the Pennsylvania Fertilizer, Soil Conditioner and Plant
				Growth Substance Law (3 P. S. §
										68.2(17) and
				(18)), the authorizing statute, shall be
				registered with the Department of Agriculture annually. Each separate product
				shall be registered. A product sold under different weight or measure need be
				registered only once.
(b)
Parties to register the product.
Either the manufacturer or
				the importer shall register the product to be sold in this
				Commonwealth.
(c)
Registration procedures.
The manufacturer or importer shall
				request from the Department of Agriculture an application form to initiate
				registration. Upon completion of the application, the requesting party shall
				include a sample of the label and fee of $15 with the application, sent to:
				Pennsylvania Department of Agriculture; Bureau of Plant Industry; 2301 North
				Cameron Street; Harrisburg, Pennsylvania 17110.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130a - SOIL CONDITIONERS AND PLANT GROWTH SUBSTANCES › Section 130a.2 - Labeling

Current through Register Vol. 54, No. 28, July 13, 2024
Soil conditioners and plant growth substances' labels shall
				  contain the following information:
(1)
				The net weight, or other measure in which the product is to be sold.
(2) The complete brand or product
				name.
(3) An accurate statement of
				contents; an accurate statement of the active ingredients, either chemical or
				biological, where appropriate; and their percentage by weight or volume
				listed.
(4) The purpose for which
				the product is intended.
(5) The
				name and address of manufacturer or person requesting the product to be
				registered.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130b - NUTRIENT MANAGEMENT CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130b.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter prescribes policies and procedures relating to
					 the certification and recertification of nutrient management specialists. It
					 includes the establishment of fees and delineation of requirements for
					 certification of commercial, public and individual
					 specialists.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130b - NUTRIENT MANAGEMENT CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130b.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-3 Pa.C.S. §
										§
					 311-522.
Agricultural operations
-The management and
					 use of farming resources for the production of crops, livestock or
					 poultry.
BMP-Best management practice
-
(i) A practice or combination of practices
				  determined by the Commission to be effective and practicable (given
				  technological, economic and institutional considerations) to manage nutrients
				  to protect surface and groundwater taking into account applicable nutrient
				  requirements for crop utilization.
(ii) The term includes:
(A) Conservation tillage.
(B) Crop rotation.
(C) Soil testing.
(D) Manure testing.
(E) Diversions.
(F) Manure storage facilities.
(G) Stormwater management
				  practices.
(H) Nutrient
				  application.
(I) Practices set
				  forth in the nutrient management regulations.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130b - NUTRIENT MANAGEMENT CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130b.3 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Certification fees
. Certification fees are nonrefundable. The
				  Department establishes the following certification fees for each level of
				  nutrient management specialist:
(1)
				  Individual nutrient management specialist-$15.
(2) Commercial nutrient management
				  specialist-$200.
(3) Public
				  nutrient management specialist:
(i) Review
				  specialist-$25.
(ii) Dual
				  specialist-$50.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130b - NUTRIENT MANAGEMENT CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130b.5 - Certification authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Individual certification authority
. A person certified under
				  this chapter as an individual nutrient management specialist is authorized to
				  develop nutrient management plans for his own agricultural operation. An
				  individual nutrient management specialist has no authority to develop a
				  nutrient management plan for another person or review and recommend action on a
				  nutrient management plan.
(b)
Commercial certification authority
. A person certified under
				  this chapter as a commercial nutrient management specialist is authorized to
				  develop nutrient management plans for another person's agricultural operation.
				  A commercial nutrient management specialist has no authority to review or
				  recommend action on a nutrient management plan.
(c)
Public certification
				  authority
. A public employee certified as a public nutrient management
				  specialist has authority to review and recommend action or develop a nutrient
				  management plan for another person, or both, dependent on the certification
				  requirements he has successfully completed.
(1)
Public nutrient management review
				  specialist
. A person certified under this chapter as a public nutrient
				  management review specialist is authorized to review nutrient management plans
				  and make recommendations for approval or denial of nutrient management
				  plans.
(2)
Public nutrient
				  management dual specialist
. A person certified under this chapter as a
				  public nutrient management dual specialist is authorized to review and develop
				  nutrient management plans for another person's agricultural operation and make
				  recommendations for approval or denial of nutrient management plans which the
				  specialist has not personally developed.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130b - NUTRIENT MANAGEMENT CERTIFICATION › Subchapter B - CERTIFICATION › COMMERCIAL AND PUBLIC NUTRIENT MANAGEMENT SPECIALISTS › Section 130b.12 - Final certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application for final certification
. Upon completion of all
					 the requirements of this chapter, a commercial nutrient management specialist
					 or a public nutrient management specialist may submit an application to the
					 Department for final certification. The appropriate certification fee, as set
					 forth in §
											130b.3(a)
					 (relating to fees) shall accompany the application for final
					 certification.
(b)
Eligibility for final certification
. A person is eligible to
					 apply for final certification as a commercial or public nutrient management
					 specialist upon fulfilling the applicable requirements established under §
											130b.11 (relating to determination
					 of competence). An application for final certification may be obtained from the
					 Department.
(c)
Time period
					 for filing application
. An application for final certification shall
					 be filed with the Department within 120-calendar days of notification by the
					 Department of meeting the appropriate requirements in §
											130b.11. If the applicant fails to
					 file an application with the Department within the prescribed 120-calendar
					 days, that person shall again satisfy the appropriate competency requirements
					 as provided in § 130b.11.
(d)
Time period final certification is valid
. A final
					 certification is valid for 3 years ending on December 31 of the third year
					 following the date of final certification. However, the Department will
					 authorize an additional year when the certification is issued during the last 2
					 months of the initial certificate year.
The provisions of this § 130b.12 amended under
						  3
						  Pa.C.S. §
														508(a).
This section cited in 7 Pa. Code §
													130b.31 (relating to
						  recertification); and 7 Pa. Code §
													130b.41 (relating to
						  general).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130b - NUTRIENT MANAGEMENT CERTIFICATION › Subchapter B - CERTIFICATION › INDIVIDUAL NUTRIENT MANAGEMENT SPECIALISTS › Section 130b.21 - Determination of competence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Determination of competence for an individual nutrient management specialist
					 shall be based on the completion of precertification training which includes an
					 orientation training course and a written examination approved by the
					 Department.
(b) The orientation
					 training course shall at a minimum consist of the same requirements as in
					 §
											130b.11(c)
					 (relating to determination of competence).
(c) The written examination will be proctored
					 by the Department or its designee. The Department will administer the
					 examination on an as needed basis, which will be determined by the number of
					 requests for the testing. At a minimum, the successful completion of the
					 examination will demonstrate an examinee's technical knowledge relating to
					 nutrient management planning and nutrient management plan development in the
					 following areas:
(1) Competency in nutrient
					 application and management.
(2)
					 Competency in crop production.
(3)
					 Competency in soil and manure testing and interpretation.
(4) Understanding in determining needed BMPs
					 related to proper utilization of nutrients and stormwater management.
(5) Understanding of soil science and soil
					 fertility.
(6) Understanding of
					 fertilizer materials and their characteristics.
(7) Understanding of environmental and
					 economic impacts associated with nutrient management.
(8) Understanding of the act and other
					 applicable laws and regulations.
(9) Other areas and coursework related to the
					 requirements in the nutrient management regulations as determined appropriate
					 by the Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130b - NUTRIENT MANAGEMENT CERTIFICATION › Subchapter B - CERTIFICATION › INDIVIDUAL NUTRIENT MANAGEMENT SPECIALISTS › Section 130b.22 - Final certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person is eligible to apply for final certification as an individual nutrient
					 management specialist upon fulfilling the requirements under §
											130b.21 (relating to determination
					 of competence). An application for certification may be obtained from the
					 Department. The appropriate fee shall accompany the specialist's application
					 for certification.
(b) An
					 application for certification shall be filed with the Department no later than
					 120-calendar days after the applicant's completion of the competency
					 requirements. If the applicant fails to file an application with the Department
					 within the prescribed 120-calendar days, that person shall again satisfy the
					 competency requirements as provided in § 130b.21(a)-(d).
(c) A certificate is valid for 3 years ending
					 on December 31 of the third year following the date of certification. However,
					 the Department will authorize an additional year when the certification is
					 issued during the last 2 months of the initial certificate year.
The provisions of this § 130b.22 amended under
						  3
						  Pa.C.S. §
														508(a).
This section cited in 7 Pa. Code §
													130b.31 (relating to
						  recertification).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130b - NUTRIENT MANAGEMENT CERTIFICATION › Subchapter B - CERTIFICATION › RECERTIFICATION › Section 130b.31 - Recertification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At intervals of
					 3 years, final certified commercial, public or individual nutrient management
					 specialists shall provide written documentation of having received continuing
					 education and training in Department-approved training courses in nutrient
					 management planning and nutrient management plan development. Training must
					 address the specific areas in §
											130b.11(c) and (d)
					 (relating to determination of competence) for commercial and public specialists
					 and §
											130b.21(b) and (c)
					 (relating to determination of competence) for individual specialists.
(b) Recertification credits approved by the
					 Department will be given on the basis of attendance at approved training
					 sessions, as provided in subsection (a). The Department will evaluate the
					 training and assign the appropriate credits. Commercial and public specialists
					 are required to obtain 20 credits with one quarter or 5 of those credits being
					 obtained through Department or Commission conducted courses. Individual
					 specialists are required to obtain 6 credits during the recertification
					 interval. The Department may, if deemed necessary, require specific training
					 for certified nutrient management specialists, in addition to the required
					 training in §
											§
											130b.11 and
					 130b.21. The Department will
					 provide written notification to the certified nutrient management specialists
					 of required specific training.
(c)
					 Training will be approved for recertification credits at the rate of 1 credit
					 per hour of applicable instruction, exclusive of coffee breaks, lunches, visits
					 to exhibits, and the like. Credits will be assigned to each training session
					 based upon the subjects covered and the amount of time expended on each
					 subject. Credits assigned may be modified if either the content or length of
					 the training substantially differs from the originally approved
					 course.
(d) Sponsors of
					 recertification training shall first submit a written request for course
					 approval to the Department of Agriculture, Bureau of Plant Industry, 2301 North
					 Cameron Street, Harrisburg, Pennsylvania 17110-9408. A request shall be
					 submitted to the Department at least 15 working days prior to the training date
					 and include the following information:
(1) The
					 name and phone number of the contact person who is coordinating the
					 training.
(2) The specific location
					 of the training.
(3) The date of
					 the training.
(4) A listing of the
					 speakers, subject matter and time allotted to each subject.
(5) A statement whether the training is open
					 to the public and if there is a charge to attend.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130b - NUTRIENT MANAGEMENT CERTIFICATION › Subchapter B - CERTIFICATION › RECIPROCITY › Section 130b.41 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who
					 has a valid certificate or license from another state may obtain certification
					 in this Commonwealth if:
(1) The state in
					 which that person is certified has a reciprocal agreement with the
					 Department.
(2) The applicant
					 satisfies the required precertification training as set forth in §
												130b.11(c)
					 (relating to determination of competence). The applicant will not be required
					 to take a written examination to determine competence if the applicant
					 satisfies the requirements of this subsection.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130b - NUTRIENT MANAGEMENT CERTIFICATION › Subchapter B - CERTIFICATION › RECIPROCITY › Section 130b.42 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
A person desiring a certificate under §
											130b.41(a)(1) and
						(2) (relating to general) shall submit to the
						Department a properly completed application and appropriate fee, as set forth
						in §
											130b.3 (relating to fees) along
						with a copy of the person's out-of-State certificate.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130b - NUTRIENT MANAGEMENT CERTIFICATION › Subchapter B - CERTIFICATION › DENIAL, SUSPENSION AND REVOCATION OF CERTIFICATES › Section 130b.51 - Denial, suspension and revocation of certificates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may, after notice,
					 including a statement of the reasons therefore, deny, suspend or revoke a
					 commercial, public or individual nutrient management specialists certification
					 for any of the following:
(1) A violation of
					 the act or this chapter.
(2)
					 Failure to obtain the required recertification credits.
(3) Inconsistency and demonstration of a lack
					 of knowledge of nutrient management plan writing and review skills.
(4) Three or more occurrences within a 3-year
					 period of delay or noncommunication with landowner or review agency during plan
					 development or review.
(5)
					 Falsifying information.
(6)
					 Misrepresentation of the Nutrient Management Act Program.
(7) A violation of program policy established
					 by the Department, its designee or the State Conservation Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 130c.1 - Objectives

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of the act is to:
(1) Establish a program for sustainable
				  agriculture practices and to create the Board.
(2) Define the powers and duties of the
				  Department and the Board.
(3)
				  Provide for sustainable agriculture loan and grant programs and an alternative
				  crop grant program.
(4) Provide for
				  funding.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 130c.3 - Records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A recipient of
				  grant or loan funds under the act and this chapter shall maintain books,
				  records and other evidence pertinent to expenditures and costs incurred in
				  connection with the sustainable agriculture project to which those funds are
				  applied. The books and records shall be maintained according to generally
				  accepted accounting principles.
(b)
				  Financial records, supporting documents, statistical records and other records
				  pertaining to any loan or grant made under the act shall be retained by the
				  recipient for 3 years following the year in which the loan or grant
				  expires.
(c) The records and
				  documents shall be available for inspection or audit at reasonable times by the
				  Department or its authorized agents.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 130c.4 - Conflict of interest

Current through Register Vol. 54, No. 28, July 13, 2024
A member of the Board may apply for a sustainable
					 agriculture loan or grant or an alternative crop grant provided all decisions
					 regarding the loan or grant application are subject to section 3(j) of the
					 Public Official and Employee Ethics Act,
					 65 Pa.C.S. §
											1103(j) and if the action
					 does not violate the State Adverse Interest Act (71 P. S. §
											§
											776.1-776.9) or 4 Pa. Code Chapter 7,
					 Subchapter K (relating to code of conduct for appointed officials and State
					 employees).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 130c.5 - Duties of the Executive Director

Current through Register Vol. 54, No. 28, July 13, 2024
The Executive Director's duties shall include:
(1)
Review and evaluation.
The Executive Director will review and evaluate loan and grant applications
				  submitted to the Board.
(2)
Research.
The Executive Director will identify sustainable
				  agriculture practices.
(3)
Integration and coordination.
The Executive Director will
				  integrate and coordinate sustainable agriculture activities and
				  education.
(4)
Development.
The Executive Secretary will develop information
				  systems which integrate and utilize the experience and expertise farmers,
				  agribusiness and specialists.
(5)
Promotion.
The Executive Secretary will promote sustainable
				  agriculture practices.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 130c.6 - Notice of disposition of application

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will provide an applicant written notice of the
					 acceptance or rejection of the application by mailing a notice within 90 days
					 of receipt of the application. If the application is incomplete, the Board will
					 follow the action prescribed by §
										130c.16 or §
										130c.36 (relating to processing of
					 loan application).
This section cited in 7 Pa. Code §
												130c.16 (relating to processing of
						applications); and 7 Pa. Code §
												130c.36 (relating to processing of
						application).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 130c.7 - Loan or grant cancellation

Current through Register Vol. 54, No. 28, July 13, 2024
A sustainable agriculture loan or grant or an alternative
					 crop grant may be canceled by the Secretary upon a determination that the funds
					 are not being spent or utilized in accordance with the act, the loan or grant
					 agreement or this chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 130c.8 - Right of recovery

Current through Register Vol. 54, No. 28, July 13, 2024
The Department has the right to make a claim for and
					 receive from the loan or grant recipient monies not expended in accordance with
					 the act, the loan or grant agreement or this chapter. When a loan or grant
					 recipient defaults, the Department has the right to make a claim for and
					 receive from the loan or grant recipient the principal balance of the loan and
					 interest incurred to date. Payment shall be due within 60 days of the written
					 demand.
This section cited in 7 Pa. Code §
												130c.14 (relating to general
						conditions); and 7 Pa. Code §
												130c.34 (relating to general
						conditions).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 130c.9 - Deficits

Current through Register Vol. 54, No. 28, July 13, 2024
The Department's financial obligation is limited to the
					 amount of the sustainable agriculture loan or grant or the alternative crop
					 grant. The Department is not responsible for funding cost overruns incurred by
					 loan or grant recipients.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter B - SUSTAINABLE AGRICULTURE LOAN PROGRAM › Section 130c.11 - Objective

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes the requirements and procedures
					 of the Program, under which an applicant may receive a loan to implement
					 farming practices that emphasize sustainable agriculture in this
					 Commonwealth.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter B - SUSTAINABLE AGRICULTURE LOAN PROGRAM › Section 130c.12 - Funding

Current through Register Vol. 54, No. 28, July 13, 2024
Sustainable agriculture loans shall be made to the extent
					 funds are made available in the revolving loan account. The revolving loan
					 account, created under section 9 of the act (3 P. S. §
											2109), shall be used to fund all sustainable
					 agriculture loans. The revolving loan account shall be funded by appropriations
					 made by the General Assembly and interest earned on the account and interest
					 from loan repayment.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter B - SUSTAINABLE AGRICULTURE LOAN PROGRAM › Section 130c.13 - Amount of loan

Current through Register Vol. 54, No. 28, July 13, 2024
The maximum amount of a loan is $15,000 for farm
					 enterprises which are not corporate farms and $25,000 for corporate
					 farms.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter B - SUSTAINABLE AGRICULTURE LOAN PROGRAM › Section 130c.14 - General conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Interest rates.
The interest rate on any loan will be
				  calculated using simple interest at the percentage rate equal to the Federal
				  Reserve discount rate at the time the loan was made.
(b)
Term of loan and rate of
				  payment.
The term of the loan may not be greater than the useful life
				  of the project, which shall be defined in the loan agreement. The term of the
				  loan may not exceed 7 years. Payments shall be made monthly, quarterly or
				  semiannually, as determined by the Board.
(c)
Security.
(1)
Requirement.
The Board
				  will secure each loan before distributing the loan proceeds and its lien
				  position may not be less than a second position as to liens on real estate and
				  equipment connected with the farm operation. A loan shall be fully secured and
				  no part of the loan may be unsecured.
(2)
Valuation of collateral.
Real estate security shall be valued on the basis of resale value, taking into
				  account any liens or encumbrances on the land.
(3)
Additional security.
The
				  Board may require other and additional security as it deems just and
				  reasonable, including personal liability promissory notes with confessions of
				  judgment, judgment notes, additional collateral, insurance and
				  guarantees.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter B - SUSTAINABLE AGRICULTURE LOAN PROGRAM › Section 130c.15 - Submission of application

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant desiring to be considered for a loan under
					 this chapter shall submit to the Board, on a form prepared by the Board, an
					 application for a loan. The completed application shall contain the information
					 requested by the Board. Applications shall be postmarked by July 31 of each
					 year. Loan applications may be obtained from:
Pennsylvania Department of Agriculture
Bureau of Plant Industry
2301 North Cameron Street
Harrisburg, PA 17110-9408
Telephone number: (717) 787-4843
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter B - SUSTAINABLE AGRICULTURE LOAN PROGRAM › Section 130c.16 - Processing of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Executive Director.
Upon receipt of an application for a
				  sustainable agriculture loan and any required supporting documentation, the
				  Executive Director will review this information for completeness and accuracy
				  and submit it to the Board. As set forth in §
										130c.6 (relating to notice of
				  disposition of application) the Board will have 90 days to review and take
				  action on an application. If the Executive Director determines the application
				  is incomplete or inaccurate, final processing of the application may be
				  discontinued and the Board will send a letter of rejection to the applicant or
				  additional data may be requested. If additional data is requested, the
				  Executive Director will notify the applicant of the additional data needed and
				  the 30-day time period for response. Processing of the application will cease
				  and the 90-day review period, in § 130c.6, will be tolled during the
				  30-day response period until the applicant supplies the requested data. If
				  additional data has been requested, the Executive Director may terminate the
				  processing of the application when the additional data is not supplied within
				  30 days of a written request.
(b)
Board.
The Board will review all complete applications and
				  supporting documentation and have the power to accept, accept with special
				  conditions or reject applications and issue loans in accordance with the
				  general considerations and eligibility criteria of the act and this
				  chapter.
This section cited in 7 Pa. Code §
												130c.6 (relating to notice of
						disposition of application).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter B - SUSTAINABLE AGRICULTURE LOAN PROGRAM › Section 130c.17 - Applicant eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Individuals.
To be eligible for a loan under this chapter, the
				  applicant, if an individual, shall be:
(1) A
				  resident of this Commonwealth or show sufficient evidence that he intends to
				  become a resident.
(2) An active
				  resident operator or resident manager of the farm.
(3) Sufficiently educated, trained or
				  experienced to carry out the project and shall certify that he will participate
				  in the project for the duration of the loan period.
(4) Able to prove and document that the
				  farmland or farm enterprise for which the loan is acquired is located in this
				  Commonwealth.
(5) Able to
				  demonstrate the proceeds of the loan will be used for eligible sustainable
				  agriculture purposes as defined in the act and this chapter and that all loan
				  proceeds will be used exclusively for sustainable agriculture purposes in
				  Commonwealth farming operations only.
(6) Creditworthy.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter B - SUSTAINABLE AGRICULTURE LOAN PROGRAM › Section 130c.18 - Review of a loan application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Evaluation.
The Board will evaluate the application based on
				  the applicant's eligibility as set forth in §
										130c.17 (relating to applicant
				  eligibility).
(b)
Ranking.
No single factor will be paramount. In rendering a
				  decision, the Board will rank the application based on the following criteria:
(1)
Financial
				  responsibility.
Financial responsibility reflecting the ability of the
				  applicant to meet and satisfy all debt service as it becomes due and payable,
				  continue farm operations and protect the Department against undue risk. The
				  applicant's cash flow history, total assets controlled, equity owned,
				  contingent liabilities and history of earnings to date are significant measures
				  of financial responsibility.
(2)
Collateral offered on available security.
The requirement of
				  collateral and collateral taken shall reasonably protect the Department,
				  provide the necessary control of equity and repayment and leave the applicant
				  in a position to reasonably manage the farm operation. The applicant's ability
				  to give the Department a first position in terms of a lien on collateral or to
				  share a first position, will be given great weight.
(3)
Repayment capacity.
The
				  relevant criminal and credit history and ratings of the applicant as determined
				  from credit reporting services and other sources.
(4)
Tax obligations.
The
				  payment to date of all tax obligations due and owing by the applicant to the
				  Commonwealth or any political subdivisions thereof.
(5)
Projected use.
The
				  manner in which loan proceeds will be utilized in furthering sustainable
				  agriculture in this Commonwealth. This encompasses the goals of the project,
				  its impact on agriculture, the environment and society, its ability to increase
				  farm profitability and productivity, and the potential for success of the
				  project.
(6)
Capital needs
				  (amount of the loan).
The Board will look at the capital needs of the
				  applicant in light of available funds.
(7)
Farming practices.
The
				  intent to use practices that would improve soil fertility, lower the cost of
				  production, cause the optimum and environmentally compatible use of off-farm
				  inputs, such as chemical or synthetic fertilizers or pesticides, or otherwise
				  promote sustainable agriculture. These practices are further explained and
				  defined in §
											130c.19 (relating to eligible
				  uses).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter B - SUSTAINABLE AGRICULTURE LOAN PROGRAM › Section 130c.19 - Eligible uses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Loan proceeds.
Proceeds from a loan made under this chapter
				  shall be used by the loan recipient solely for eligible sustainable agriculture
				  practices. Sustainable agriculture practices include agricultural practices
				  which:
(1) Are ecologically
				  beneficial.
(2) Improve and ensure
				  the soil and water quality for future generations.
(3) Enhance environmental quality and the
				  natural resource base upon which the agricultural economy depends.
(4) Make the most efficient use of
				  nonrenewable resources.
(5)
				  Integrate natural biological cycles and controls, such as planting cover crops
				  to defend against insects and weeds, using mechanical tillage to control weeds
				  and relying on natural systems, such as biological controls and natural
				  predators.
(6) Ensure the optimum
				  and environmentally compatible use of or eliminate the need for the purchase of
				  off-farm inputs such as chemical or synthetic fertilizers and
				  pesticides.
(7) Make the best use
				  of on-farm labor and resources, such as using animal and plant manure to enrich
				  soil.
(8) Sustain the economic
				  viability of farm operations, by implementing practices which lower production
				  costs.
(9) Enhance the quality of
				  life for farmers and society.
(10)
				  Satisfy human food and fiber needs.
(11) Emphasize planting a diverse array of
				  crops and the production of alternative crops.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter C - SUSTAINABLE AGRICULTURE GRANT PROGRAMS AND ALTERNATIVE CROP GRANT PROGRAMS › Section 130c.31 - Objectives

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes the requirements and procedures
					 of the Program and the Alternative Crop Grant Program, under which an applicant
					 may receive grants that enable it to implement practices and develop programs
					 which emphasize sustainable agriculture and the use of alternative crops to
					 promote sustainable agriculture in this Commonwealth.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter C - SUSTAINABLE AGRICULTURE GRANT PROGRAMS AND ALTERNATIVE CROP GRANT PROGRAMS › Section 130c.32 - Funding

Current through Register Vol. 54, No. 28, July 13, 2024
Sustainable agriculture grants and alternative crop grants
					 will be made to the extent funds are made available. The revenues and
					 appropriations will be deposited in the Fund. All costs, except administrative
					 expenses, related to the sustainable agriculture program will be paid from the
					 Fund.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter C - SUSTAINABLE AGRICULTURE GRANT PROGRAMS AND ALTERNATIVE CROP GRANT PROGRAMS › Section 130c.33 - Amount of grant

Current through Register Vol. 54, No. 28, July 13, 2024
Grants may not exceed $25,000 except as provided in this
					 subchapter. An additional amount of up to $25,000 may be granted if the
					 applicant matches that additional amount dollar for dollar so that a single
					 grant may not exceed $50,000 in 1 calendar year.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter C - SUSTAINABLE AGRICULTURE GRANT PROGRAMS AND ALTERNATIVE CROP GRANT PROGRAMS › Section 130c.34 - General conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Grant agreement.
The applicant shall sign a grant agreement
				  setting forth the term and amount of the grant and other terms or conditions as
				  the Department may reasonably require.
(b)
Verification.
Within 3
				  months of the project completion date specified in the grant agreement, the
				  applicant shall submit to the Department a final report which includes written
				  receipts, records and any other pertinent documentation evidencing the total
				  amount of the costs incurred and expenditures associated with the project. At
				  the same time, the applicant shall also submit a narrative report describing
				  the effectiveness of the project, the results obtained, the experience gained
				  and the personal knowledge acquired.
(c)
Failure to verify.
If
				  the required receipts, records and documentation are not submitted within the
				  3-month period or a portion of grant proceeds are unaccounted for, the
				  Secretary may demand the applicant repay the entire principal balance of the
				  grant or a lesser amount and interest incurred to date. The interest rate will
				  be calculated using simple interest at the percentage rate equal to the Federal
				  Reserve discount rate at the time the grant was made. Payment shall be due
				  within 60 days of the written demand.
(d)
Default.
A recipient who
				  fails to abide by the terms of the act, the grant agreement or this chapter
				  shall be in default. When a grant recipient defaults, the Department may seek
				  recovery of the grant funds as delineated in §
										130c.8 (relating to right of
				  recovery). A default may be waived by the Secretary, after consultation with
				  the Board, in the event of a physical disability suffered by the recipient or
				  other extenuating circumstances.