act-2001-0-97•Pennsylvania Act 2001-97 — AGRICULTURE CODE (3 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2001-97 — AGRICULTURE CODE (3 PA.C.S.) - OMNIBUS AMENDMENTS
act-2001-0-972001 Pa. Act 97Law
Act text
AGRICULTURE CODE (3 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Dec. 13, 2001, P.L. 876, No. 97 Cl. 03
Session of 2001
No. 2001-97
HB 437
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, adding provisions relating to the labeling, sale
and distribution of fertilizer and of soil and plant
amendments; providing for the powers and duties of the
Department of Agriculture; establishing the Agronomic
Regulatory Account; prescribing penalties; and making a
repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding chapters to read:
CHAPTER 67
FERTILIZER
Sec.
6701. Short title of chapter.
6702. Definitions.
6703. Licensing.
6704. Registration of specialty fertilizers.
6705. Labels and labeling.
6706. Inspection fees.
6707. Tonnage reports.
6708. Inspection, sampling and analysis.
6709. Plant food deficiency.
6710. Commercial value.
6711. Misbranding.
6712. Adulteration.
6713. Publications.
6714. Short weight.
6715. Refusal, suspension or revocation of registration or
license.
6716. Stop-sale orders.
6717. Seizure and condemnation.
6718. Appeal process.
6719. Cooperation with other entities.
6720. Rules and regulations.
6721. Unlawful conduct.
6722. Interference with officer or employee of department.
6723. Enforcement and penalties.
6724. Exchanges between manufacturers.
6725. Disposition of funds.
§ 6701. Short title of chapter.
This chapter shall be known and may be cited as the
Fertilizer Act.
§ 6702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Brand." A term, design or trademark used in connection with
one or several grades of fertilizer.
"Bulk fertilizer." A fertilizer distributed in a nonpackaged
form.
"By-product." Municipal waste or residual waste as defined
in the act of July 7, 1980 (P.L.380, No.97), known as the Solid
Waste Management Act, that contains a plant nutrient and meets
all the applicable regulations of the Department of
Environmental Protection.
"Consumer." A person who purchases fertilizer for the end
use of the product.
"Deficiency." The amount of nutrient found by analysis to be
less than that guaranteed.
"Department." The Department of Agriculture of the
Commonwealth.
"Distribute." To import, consign, offer for sale, sell,
barter or otherwise supply fertilizer in this Commonwealth.
"Facility." Each separate mill or plant that manufactures
fertilizer.
"Fertilizer." Any substance, including fertilizer material,
mixed fertilizer, specialty fertilizer and bulk fertilizer,
containing one or more recognized plant nutrients which is used
for its plant nutrient content and which is designed for use or
claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manure, agricultural liming
materials, wood ashes and other materials exempted by regulation
by the Department of Agriculture.
"Fertilizer material." A fertilizer which:
(1) contains only one of the following primary plant
nutrients: nitrogen, phosphate or potash;
(2) has 85% or more of its plant nutrient content
present in the form of a single chemical compound; or
(3) is derived from a plant or animal residue, by-
product, coproduct as defined in regulation or natural
material deposit which has been processed in such a way that
its content of plant nutrients has not been materially
changed except by purification and concentration.
"Grade." The percentage of total nitrogen, available
phosphate and soluble potash stated in whole numbers in the same
terms, order and percentages as in the guaranteed analysis
except that, with respect to specialty fertilizers, fertilizer
materials, bone meal, manures and similar materials, the
guaranteed analysis may be stated in fractional units.
"Guaranteed analysis." The minimum percentage of plant
nutrients claimed in the following order and form:
Total nitrogen (N) %
Available phosphate (P2O5) %
Soluble potash (K2O) %
For other organic phosphatic materials, the total phosphate or
degree of fineness may also be guaranteed. Guarantees for plant
nutrients other than nitrogen, phosphorus and potassium may be
established by regulation.
"Guarantor." The person whose name and address appears on
the label of a fertilizer.
"Label." The display of all written, printed or graphic
matter upon the immediate container or a statement accompanying
a fertilizer.
"Labeling." All written, printed or graphic matter upon or
accompanying any fertilizer or advertisements, brochures,
posters or electronic media used in promoting the distribution
of fertilizer.
"Manufacture." To produce, mix, blend, repackage or further
process fertilizer or fertilizer material for distribution.
"Micronutrient." Any of the following: boron, chlorine,
cobalt, copper, iron, manganese, molybdenum, sodium and zinc.
"Official sample." A sample of fertilizer taken by the
Department of Agriculture or its agent to effect the provisions
of this chapter and designated as official.
"Overall index value." The value obtained from the
calculation: (commercial value found) x 100/(commercial value
guaranteed).
"Percent" or "percentage." A percentage by weight.
"Person." An individual, partnership, association, firm,
corporation or any other legal entity.
"Plant nutrient." Any of the following: primary nutrient,
secondary nutrient and micronutrient.
"Primary nutrient." Any of the following: total nitrogen,
available phosphate and soluble potash.
"Secondary nutrient." Any of the following: calcium,
magnesium and sulfur.
"Secretary." The Secretary of Agriculture of the
Commonwealth or the secretary's designee.
"Specialty fertilizer." A fertilizer distributed for nonfarm
use and fertilizer material primarily intended to supply plant
nutrients other than nitrogen, phosphate or potash.
"Tolerance." A permitted variation from the guarantee of an
official sample of fertilizer.
§ 6703. Licensing.
(a) General rule.--Every person engaged in the manufacture
of fertilizer to be distributed in this Commonwealth and every
guarantor of fertilizer 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
require an applicant for a license or a current licensee to
submit the labeling that the person is using or intends to use
for the fertilizer. The department may also require an applicant
or licensee to provide a typical analysis of selected components
that may be in the fertilizer.
§ 6704. 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 prescribed by the
department and shall be accompanied by a fee of $25 per each
grade of each brand. Labels for each brand and grade shall
accompany the application. Upon the 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 and grade.
(2) The guaranteed analysis.
(3) The name and address of the guarantor.
(4) The net weight.
(c) Exemption.--A distributor shall not be required to
register a specialty fertilizer which is already registered
under this chapter by another person, providing the label does
not differ in any material respect.
(d) Late fee.--If the application for renewal of the
specialty fertilizer 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 specialty fertilizer registration is issued.
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.
§ 6705. Labels and labeling.
(a) General rule.--Any fertilizer 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 and grade of the fertilizer, provided that
the grade shall not be required when no primary nutrients are
claimed.
(2) The guaranteed analysis.
(3) The name and address of the guarantor.
(4) The net weight.
(b) Bulk fertilizer.--In the case of bulk fertilizer
shipments, the information required by subsection (a) shall
accompany delivery and shall be provided in writing to the
purchaser at time of delivery.
(c) Other guarantees.--Guarantees for other nutrients shall
be expressed in the form of the element. The department may
require by regulation that the source of such other nutrients be
stated on the application for registration and may be required
on the label. The department may require by regulation that
other beneficial substances or compounds be guaranteed. When any
plant nutrients or other substances or compounds are guaranteed,
they shall be subject to inspection and analysis in accordance
with the methods and regulations prescribed by the department.
(d) Proof of labeling claims.--The department may require
proof of any labeling claims made for fertilizer. Any research
in support of such claims shall be performed by an institution
approved by the department utilizing acceptable scientific
methodology.
(e) Consumer-specified fertilizer formulations.--A
fertilizer formulated according to specifications which are
furnished by a consumer prior to mixing shall be labeled to
show:
(1) The net weight.
(2) The guaranteed analysis.
(3) The name and address of the guarantor.
(f) Bulk storage.--Fertilizer in bulk storage that is
intended for distribution shall be identified with a label
attached to the storage bin or container giving the name and
grade of the product.
§ 6706. Inspection fees.
(a) Amounts.--
(1) 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 15¢ per ton. In no
case shall the inspection fee paid semiannually amount to
less than $25.
(2) On packages of 15 pounds or less, there shall be
paid in lieu of the inspection fee of 15¢ per ton provided
for in paragraph (1), annually and not later than January 31
of each year, an inspection fee of $25 for each brand and
grade of fertilizer distributed.
(3) If the guarantor whose name appears on the label
distributes fertilizers in this Commonwealth in both packages
of less and more than 15 pounds, the $25 inspection fee shall
be paid for its brands and grades sold in packages of 15
pounds or less, and the 15¢ per ton fee shall be paid for its
packages of more than 15 pounds.
(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 established under this subsection
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.
§ 6707. Tonnage reports.
(a) General rule.--The guarantor whose name appears on the
label shall submit, along with the requisite inspection fee, a
report in a manner prescribed by the department listing by
county the net tons of each brand and grade of fertilizer
distributed in this Commonwealth for the period covered by the
inspection fee.
(b) Multiple guarantors.--When more than one guarantor is
involved in the distribution of 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 inspection
fee, whichever is greater, shall be imposed for any fee or
report not submitted at the required time.
(d) Examination permitted.--The department or its authorized
representative may examine the records of the guarantor to
verify the information contained in the reports filed with the
department. Reports containing fraudulent or incorrect
information shall be considered a violation of this chapter for
which the department may assess any penalty as provided for in
this chapter.
(e) Confidentiality of information.--
(1) No proprietary information furnished to the
department under this section shall be disclosed in such a
way as to knowingly or intentionally divulge a trade secret
of any person subject to the provisions of this chapter.
(2) This subsection shall not apply to information
furnished to a court or administrative tribunal in accordance
with law.
§ 6708. Inspection, sampling and analysis.
(a) General rule.--The department shall inspect, sample,
make analyses of and test fertilizers distributed within this
Commonwealth and shall inspect the storage of bulk fertilizer at
any time and place and to such an extent as the department may
deem necessary to determine whether such fertilizers are in
compliance with the provisions of this chapter. The department
or its agent may enter upon any public or private premises or
carriers during regular business hours in order to have access
to fertilizer subject to provisions of this chapter and the
records relating to this chapter.
(b) Laboratory methodology.--The department shall establish
by regulation the methods of fertilizer sampling and analysis.
In promulgating such regulations, the department shall consider
methods such as those adopted by the Association of Official
Analytical Chemists International. In cases not covered by such
methods or in cases where improved methods are available, the
department may issue a temporary order defining the method to be
utilized. The method defined in the temporary order shall be
effective upon publication in the Pennsylvania Bulletin. The
temporary order shall remain in effect for a period not to
exceed one year unless reissued or until such order is
promulgated as a regulation.
(c) Deficiency determination.--The department, in
determining whether any fertilizer is deficient, shall be guided
solely by the official sample obtained and analyzed as provided
for in subsections (a) and (b).
(d) Retention of official samples.--Official samples
maintained by the department and that require imposition of a
penalty for nutrient deficiency shall be retained for a minimum
of 90 days from issuance of a deficiency report. Upon request,
the department shall furnish to the guarantor a portion of any
sample that is subject to penalty or other legal action. Such
requests must be made within 30 days of notification of sample
violations.
§ 6709. Plant food 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:
(i) in one or more of its guaranteed primary
nutrients beyond a tolerance of 10% (two unit maximum);
or
(ii) when 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 both paragraph (1)(i) and (ii), the larger penalty
payment shall apply. Any such penalties assessed may 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 any
penalty under this chapter.
(b) Payment of penalties.--All penalties assessed under this
section shall be paid by the guarantor to the consumer of the
lot of fertilizer represented by the sample analyzed within 90
days after the date of notice from the department to the
guarantor. 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 mixed fertilizers.--A deficiency in an
official sample of mixed 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 any penalty
as provided for in this chapter.
§ 6710. Commercial value.
For the purpose of determining the commercial value to be
applied under section 6709 (relating to plant food deficiency),
the department shall determine and publish annually the values
per pound of nitrogen, available phosphate and soluble potash in
fertilizers in this Commonwealth. The amounts determined and
published shall be used in determining and assessing penalty
payments.
§ 6711. Misbranding.
No person shall distribute a misbranded fertilizer. A
fertilizer shall be deemed to be misbranded if:
(1) its labeling is false or misleading in any
particular;
(2) it is distributed under the name of another
fertilizer product;
(3) it is not labeled as required in section 6705
(relating to labels and labeling) and in accordance with
regulations prescribed under this chapter; or
(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.
§ 6712. Adulteration.
(a) General rule.--No person shall distribute an adulterated
fertilizer product. A fertilizer shall be deemed to be
adulterated if:
(1) it contains any deleterious or harmful substance in
sufficient amount to render it injurious to beneficial plant
life, animals, humans, aquatic life, soil or water when
applied in accordance with its intended use or directions for
use on the label;
(2) adequate warning statements or directions for use
which may be necessary to protect plant life, animals,
humans, aquatic life, soil or water are not shown upon the
label;
(3) its composition falls below or differs from that
which it is purported to possess by its labeling; or
(4) it contains viable weed seed in amounts exceeding
the limits which the department establishes by regulation.
(b) Exception.--A fertilizer shall not be considered
adulterated under this section if the quantity of the substance
in the fertilizer does not ordinarily render it injurious.
§ 6713. Publications.
The department shall publish at least annually and in such
form as it deems proper such 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
6704 (relating to registration of specialty fertilizers) and
6705 (relating to labels and labeling).
§ 6714. Short weight.
If any fertilizer in the possession of a consumer is found by
the department to be 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.
§ 6715. Refusal, suspension or revocation of registration or
license.
The department may refuse, suspend or revoke the registration
of any fertilizer or refuse, suspend or revoke the license of
any person where the registrant or licensee has not complied
with the provisions of this chapter or of any person who has
used fraudulent or deceptive practices in the evasion of the
provisions of this chapter.
§ 6716. Stop-sale orders.
(a) General rule.--The department may issue and enforce a
written or printed stop-sale, use or removal order to the owner
or custodian of any lot of fertilizer and to hold at a
designated place when the department finds the fertilizer is
being offered or exposed for sale in violation of any of the
provisions of this chapter. The order shall remain in effect
until the law has been complied with and the fertilizer is
released in writing by the department or the violation has been
otherwise legally disposed of by written authority.
(b) Release by department.--The department shall release
fertilizer held under a stop-sale order when the requirements of
the provisions of this chapter have been complied with and all
costs and expenses incurred in connection with the withdrawal
have been paid by the person responsible for the violation.
§ 6717. Seizure and condemnation.
A lot of fertilizer not in compliance with the provisions of
this chapter shall be subject to seizure and condemnation by the
department, provided that in no instance shall the disposition
of the fertilizer be ordered by the department without first
giving the claimant an opportunity for a hearing as provided for
in section 6718 (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.
§ 6718. 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).
§ 6719. Cooperation with other entities.
The department may cooperate with and enter into agreement
with governmental agencies of the Federal Government, agencies
of this Commonwealth and any other state in order to carry out
the purpose and provisions of this chapter.
§ 6720. Rules and regulations.
The department shall promulgate and enforce rules and
regulations necessary for administration and implementation of
this chapter.
§ 6721. Unlawful conduct.
It shall be unlawful for any person to fail to comply with or
to cause or assist in the violation of any order or any of the
provisions of this chapter or the rules and regulations adopted
under this chapter.
§ 6722. Interference with officer or employee of department.
A person who willfully or intentionally interferes with an
employee or officer of the department in the performance of that
employee's or officer's duties or activities authorized under
this chapter commits a misdemeanor of the third degree and
shall, upon conviction, be subject to a term of imprisonment of
not more than one year or a fine of not more than $2,500, or
both.
§ 6723. Enforcement and penalties.
(a) Criminal penalties.--Unless otherwise specified, any
person who violates any of the provisions of this chapter or a
rule or regulation adopted thereunder or any order issued
pursuant thereto:
(1) For the first offense, commits a summary offense and
may, upon conviction, be sentenced for each offense to pay a
fine of not less than $50 nor more than $100 and costs of
prosecution or to undergo imprisonment for a term which shall
be fixed at not more than 90 days, or both.
(2) For a subsequent offense committed within three
years of a prior conviction for any violation of this chapter
or any rule, regulation or order made under this chapter,
commits a misdemeanor of the second degree and shall, upon
conviction, be sentenced to pay a fine of not less than $500
nor more than $1,000 and costs of prosecution or to
imprisonment for not more than two years, or both.
(b) Trade secrets.--
(1) Any person who uses to that person's own advantage
or reveals to anyone other than the department,
administrative tribunal or the courts when relevant in any
judicial proceeding any information acquired under the
authority of this chapter concerning any method, records,
formulations or processes which as a trade secret is entitled
to protection under the law commits a misdemeanor of the
third degree and shall, upon conviction, be sentenced to pay
a fine of not less than $500 or to imprisonment for not less
than one year, or both.
(2) This subsection shall not be construed to prohibit
the department from exchanging information of a regulatory
nature with governmental agencies of the Federal Government,
agencies of this Commonwealth or any other state to implement
the provisions of this chapter.
(c) Civil penalties.--
(1) In addition to any other remedy available at law or
in equity for a violation of this chapter, the department may
assess a civil penalty of not more than $2,500 upon any
person for each violation of this chapter. The civil penalty
assessed shall be payable to the department and shall be
collectible in any manner provided by law for the collection
of debt.
(2) No civil penalty shall be assessed unless the person
assessed the penalty has been given notice and an opportunity
for a hearing on the assessment in accordance with 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).
(d) Certified copy of official analysis.--In prosecution
under this chapter involving the composition of a lot of
fertilizer, a certified copy of the official analysis signed by
the secretary or the secretary's designee shall be accepted as
prima facie evidence of the composition.
(e) De minimis violations.--Nothing in this chapter shall be
construed as requiring the department to report a violation and
to institute seizure proceedings as a result of de minimis
violations of this chapter when the department concludes that
the public interest will be best served by a suitable notice of
warning in writing.
§ 6724. Exchanges between manufacturers.
Nothing in this chapter shall be construed as restricting or
avoiding 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
licensed as required by provisions of this chapter.
§ 6725. Disposition of funds.
Moneys received from license fees, registration fees,
inspection fees, fines and penalties shall be paid into a
special restricted account in the General Fund to be known as
the Agronomic Regulatory Account. All moneys in the Agronomic
Regulatory Account are hereby appropriated to the department for
the purposes of this chapter and Chapter 69 (relating to soil
and plant amendment).
CHAPTER 69
SOIL AND PLANT AMENDMENT
Sec.
6901. Short title of chapter.
6902. Definitions.
6903. Licensing.
6904. Registration.
6905. Labels and labeling.
6906. Inspection fees.
6907. Tonnage reports.
6908. Inspection, sampling and analysis.
6909. Misbranding.
6910. Adulteration.
6911. Short weight.
6912. Refusal, suspension or revocation of registration or
license.
6913. Stop-sale orders.
6914. Seizure and condemnation.
6915. Appeal process.
6916. Cooperation with other entities.
6917. Rules and regulations.
6918. Unlawful conduct.
6919. Interference with officer or employee of department.
6920. Enforcement and penalties.
6921. Disposition of funds.
§ 6901. Short title of chapter.
This chapter shall be known and may be cited as the Soil and
Plant Amendment Act.
§ 6902. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Active ingredient." A soil-amending or plant-amending
ingredient that is not a plant nutrient.
"Brand." The term, designation, trademark, product name or
other specific designation under which individual soil
amendments or plant amendments are offered for sale.
"Consumer." A person who purchases a soil amendment or plant
amendment for the end use of the product.
"Department." The Department of Agriculture of the
Commonwealth.
"Distribute." To import, consign, offer for sale, sell,
barter or otherwise supply soil amendments and plant amendments
in this Commonwealth.
"Facility." Each separate mill or plant manufacturing a soil
amendment or plant amendment.
"Guarantor." The person whose name and address appears on
the label of a soil amendment or plant amendment.
"Label." The display of all written, printed or graphic
matter upon the immediate container or statement accompanying a
soil amendment or plant amendment.
"Labeling." All written, printed or graphic matter upon or
accompanying any soil amendment or plant amendment or
advertisements, brochures, posters or electronic media used in
promoting the distribution of such soil amendment or plant
amendment.
"Manufacture." To produce, mix, blend, repackage or further
process a soil amendment, plant amendment, soil-amending
ingredient or plant-amending ingredient for distribution.
"Minimum percentage." That percent of soil-amending
ingredient or plant-amending ingredient that must be present in
a product before the product will be accepted for registration.
"Official sample." A sample of soil amendment or plant
amendment taken by the department or its agent to effect the
provisions of this chapter and designated as official.
"Other ingredients." Non-soil-amending or non-plant-amending
inert ingredients present in soil amendments or plant
amendments.
"Person." An individual, partnership, association, firm,
corporation or any other legal entity.
"Plant amendment." Any substance applied to plants or seeds
which is intended to improve germination, growth, yield, product
quality, reproduction, flavor or other desirable characteristics
of plants, except fertilizers, soil amendments, agricultural
liming materials, unmanipulated animal and vegetable manures,
pesticides and other materials which may be exempted by
regulation.
"Plant-amending ingredient." A substance that will improve
germination, growth, yield, product quality, reproduction,
flavor or other desirable characteristics of plant.
"Secretary." The Secretary of Agriculture of the
Commonwealth or the secretary's designee.
"Soil amendment." Any substance which is intended to change
the chemical or physical characteristics of soil. The term does
not include fertilizers, agriculture liming materials,
unmanipulated animal and vegetable manures, pesticides and other
materials exempted by regulation.
"Soil-amending ingredient." A substance which changes the
chemical or physical characteristics of soil.
"Tolerance." A permitted variation from the guarantee of an
official sample of soil amendment or plant amendment.
§ 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.
§ 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.--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.
(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.
§ 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.
§ 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) On packages of 15 pounds or less, there shall be
paid in lieu of the inspection fee of 15¢ per ton provided
for in paragraph (1), annually and not later than January 31
of each year, an inspection fee of $25 for each brand and
grade of soil amendment or plant amendment distributed.
(3) If the guarantor whose name appears on the label
distributes soil amendments or plant amendments in this
Commonwealth in both packages of less and more than 15
pounds, the $25 inspection fee shall be paid for its brands
sold in packages of 15 pounds or less, and the 15¢ per ton
fee shall be paid for its packages of more than 15 pounds.
(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.
§ 6907. Tonnage reports.
(a) General rule.--The guarantor whose name appears on the
label shall submit, along with an inspection fee, a report in a
manner prescribed by the department listing by county the net
tons of each brand of soil amendment or plant amendment
distributed in this Commonwealth for the period covered by the
inspection fee.
(b) Multiple guarantors.--When more than one guarantor is
involved in the distribution of a soil amendment or plant
amendment, the guarantor who distributed the soil amendment or
plant amendment last shall report the tonnage and pay the
inspection fee unless the report and payment have been made by a
prior distributor.
(c) Late fee.--A penalty of $25 or 10% of the inspection
fee, whichever is greater, shall be imposed for any fee or
report not submitted at the required time.
(d) Examination permitted.--The department or its authorized
representative may examine the records of the guarantor to
verify the information contained in the reports filed with the
department. Reports containing fraudulent or incorrect
information shall be considered a violation of this chapter for
which the department may assess a penalty.
(e) Confidentiality of information.--
(1) No proprietary information furnished to the
department under this section shall be disclosed in such a
way as to knowingly or intentionally divulge a trade secret
of any person subject to the provisions of this chapter.
(2) This subsection shall not apply to information
furnished to a court or administrative tribunal in accordance
with law.
§ 6908. Inspection, sampling and analysis.
(a) General rule.--The department shall sample, inspect,
make analysis of and test soil amendments and plant amendments
distributed within this Commonwealth and shall inspect the
storage of soil amendments and plant amendments at any time and
place and to such an extent as the department may deem necessary
to determine whether such soil amendments and plant amendments
are in compliance with the provisions of this chapter. The
department or its agent may enter upon any public or private
premises or carriers during regular business hours in order to
have access to soil amendments and plant amendments subject to
provisions of this chapter and the records relating to this
chapter.
(b) Laboratory methodology.--The department shall establish
by regulation the methods of soil and plant amendment sampling
and analysis. In promulgating such regulations, the department
shall consider methods such as those adopted by the Association
of Official Analytical Chemists International. In cases not
covered by such methods or in cases where improved methods are
available, the department may issue a temporary order defining
the method to be utilized. The method defined in the temporary
order shall be effective upon publication in the Pennsylvania
Bulletin. The temporary order shall remain in effect for a
period not to exceed one year unless reissued or until such
order is promulgated as a regulation.
(c) Deficiency determination.--The department, in
determining whether any soil amendment or plant amendment is
deficient, shall be guided solely by the official sample
obtained and analyzed as provided for in subsections (a) and
(b).
(d) Retention of official samples.--Official samples
maintained by the department and that require imposition of a
penalty shall be retained for a minimum of 90 days from issuance
of the penalty report. Upon request, the department shall
furnish to the guarantor a portion of any sample found subject
to penalty or other legal action. Such requests must be made
within 30 days of notification of sample violations.
§ 6909. Misbranding.
No person shall distribute a misbranded soil amendment or
plant amendment. A soil amendment or plant amendment shall be
deemed to be misbranded if:
(1) its labeling is false or misleading in any
particular manner;
(2) it is distributed under the name of another soil
amendment or plant amendment product;
(3) it is not labeled as required in section 6905
(relating to labels and labeling) and in accordance with
regulations prescribed under this chapter;
(4) it purports to be or is represented as a soil
amendment or plant amendment or is represented as containing
a soil amendment or plant amendment unless such soil
amendment or plant amendment conforms to the definition of
identity, if any, prescribed by regulation of the department;
or
(5) it does not conform to ingredient form, minimums,
labeling and tolerances prescribed by regulation.
§ 6910. Adulteration.
(a) General rule.--No person shall distribute an adulterated
soil amendment or plant amendment product. A soil amendment or
plant amendment shall be deemed to be adulterated if:
(1) it contains any deleterious or harmful substance in
sufficient amount to render it injurious to beneficial plant
life, animals, humans, aquatic life, soil or water when
applied in accordance with its intended use or directions for
use on the label;
(2) adequate warning statements or directions for use
which may be necessary to protect plant life, animals,
humans, aquatic life, soil or water are not shown upon the
label;
(3) its composition falls below or differs from that
which it is purported to possess by its labeling; or
(4) it contains viable weed seed in amounts exceeding
the limits which the department establishes by regulation.
(b) Exception.--A soil amendment or plant amendment shall
not be considered adulterated under this section if the quantity
of the substance in the soil amendment or plant amendment does
not ordinarily render it injurious.
§ 6911. Short weight.
If any soil amendment or plant amendment in the possession of
a consumer is found by the department to be short in weight, the
guarantor of that soil amendment or plant amendment shall,
within 30 days after official notice from the department, submit
to the consumer a penalty payment of two times the value of the
actual shortage.
§ 6912. Refusal, suspension or revocation of registration or
license.
The department may refuse, suspend or revoke the registration
of any soil amendment or plant amendment or refuse, suspend or
revoke the license of any person where the registrant or
licensee has not complied with the provisions of this chapter or
of any person who has used fraudulent or deceptive practices in
the evasion of the provisions of this chapter.
§ 6913. Stop-sale orders.
(a) General rule.--The department may issue and enforce a
written or printed stop-sale, use or removal order to the owner
or custodian of any lot of soil amendment or plant amendment and
to hold at a designated place when the department finds the soil
amendment or plant amendment is being offered or exposed for
sale in violation of any of the provisions of this chapter. The
order shall remain in effect until the law has been complied
with and the soil amendment or plant amendment is released in
writing by the department or the violation has been otherwise
legally disposed of by written authority.
(b) Release by department.--The department shall release the
soil amendment or plant amendment held under a stop-sale order
when the requirements of the provisions of this chapter have
been complied with and all costs and expenses incurred in
connection with the withdrawal have been paid by the person
responsible for the violation.
§ 6914. Seizure and condemnation.
A lot of soil amendment or plant amendment not in compliance
with the provisions of this chapter shall be subject to seizure
and condemnation by the department, provided that in no instance
shall the disposition of the soil amendment or plant amendment
be ordered by the department without first giving the claimant
an opportunity for a hearing as provided for in section 6915
(relating to appeal process) or for opportunity to apply for
permission to process or relabel the soil amendment or plant
amendment to bring it into compliance with this chapter.
§ 6915. Appeal process.
All appeals shall be taken and hearings conducted in
accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A
(relating to practice and procedure of Commonwealth agencies)
and 7 Subch. A (relating to judicial review of Commonwealth
agency action).
§ 6916. Cooperation with other entities.
The department may cooperate with and enter into an agreement
with governmental agencies of the Federal Government, agencies
of this Commonwealth and any other state in order to carry out
the purpose and provisions of this chapter.
§ 6917. Rules and regulations.
The department shall promulgate and enforce rules and
regulations necessary for administration and implementation of
this chapter.
§ 6918. Unlawful conduct.
It shall be unlawful for any person to fail to comply with or
to cause or assist in the violation of any order or any of the
provisions of this chapter or the rules and regulations adopted
under this chapter.
§ 6919. Interference with officer or employee of department.
A person who willfully or intentionally interferes with an
employee or officer of the department in the performance of that
employee's or officer's duties or activities authorized under
this chapter commits a misdemeanor of the third degree and
shall, upon conviction, be subject to a term of imprisonment of
not more than one year or a fine of not more than $2,500, or
both.
§ 6920. Enforcement and penalties.
(a) Criminal penalties.--Unless otherwise specified, any
person who violates any of the provisions of this chapter or a
rule or regulation adopted thereunder or any order issued
pursuant thereto:
(1) For the first offense, commits a summary offense and
shall, upon conviction, be sentenced for each offense to pay
a fine of not less than $50 nor more than $100 and costs of
prosecution or to serve a term of imprisonment for not more
than 90 days, or both.
(2) For a subsequent offense committed within three
years of a prior conviction for any violation of this chapter
or any rule, regulation or order made under this chapter,
commits a misdemeanor of the second degree and shall, upon
conviction, be sentenced to pay a fine of not less than $500
nor more than $1,000 and costs of prosecution or to serve a
term of imprisonment for not more than two years, or both.
(b) Trade secrets.--
(1) Any person who uses to that person's own advantage
or reveals to anyone other than the department,
administrative tribunal or the courts when relevant in any
judicial proceeding any information acquired under the
authority of this chapter concerning any method, records,
formulations or processes which as a trade secret is entitled
to protection under the law commits a misdemeanor of the
third degree and shall, upon conviction, be sentenced to pay
a fine of not less than $500 or to serve a term of
imprisonment for not less than one year, or both.
(2) This subsection shall not be construed to prohibit
the department from exchanging information of a regulatory
nature with governmental agencies of the Federal Government,
agencies of this Commonwealth or any other state in order to
implement the purpose and provisions of this chapter.
(c) Civil penalties.--
(1) In addition to proceeding under any other remedy
available at law or in equity for a violation of this
chapter, the department may assess a civil penalty of not
more than $2,500 upon any person for each violation of this
chapter. The civil penalty assessed shall be payable to the
department and shall be collectible in any manner provided by
law for the collection of debt.
(2) No civil penalty shall be assessed unless the person
assessed the penalty has been given notice and opportunity
for a hearing on the penalty assessment in accordance with
the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to
practice and procedure of Commonwealth agencies) and 7 Subch.
A (relating to judicial review of Commonwealth agency
action).
(d) Certified copy of official analysis.--In prosecutions
under this chapter involving the composition of a lot of soil
amendment or plant amendment, a certified copy of the official
analysis signed by the secretary or the secretary's designee
shall be accepted as prima facie evidence of the composition.
(e) De minimis violations.--Nothing in this chapter shall be
construed as requiring the department to report a violation and
to institute seizure proceedings as a result of a de minimis
violation of this chapter when the department concludes that the
public interest will be best served by a suitable notice of
warning in writing.
§ 6921. Disposition of funds.
Moneys received from license fees, registration fees,
inspection fees, fines and penalties shall be paid into the
Agronomic Regulatory Account established in section 6725
(relating to disposition of funds). All moneys in the Agronomic
Regulatory Account are hereby appropriated to the department for
the purposes of this chapter and Chapter 67 (relating to
fertilizer).
Section 2. (a) A license granted or registration made under
the act of May 29, 1956 (1955 P.L.1795, No.598), known as the
Pennsylvania Fertilizer, Soil Conditioner and Plant Growth
Substance Law, in effect on the effective date of this act shall
remain valid and in effect until its scheduled expiration date.
(b) Except to the extent that they are inconsistent with any
provisions of this act, regulations promulgated under the act of
May 29, 1956 (1955 P.L.1795, No.598), known as the Pennsylvania
Fertilizer, Soil Conditioner and Plant Growth Substance Law, in
effect on the effective date of this act shall continue in
effect unless subsequently modified by regulations promulgated
by the department under this act.
(c) All funds made available to the department pursuant to
the act of May 29, 1956 (1955 P.L.1795, No.598), known as the
Pennsylvania Fertilizer, Soil Conditioner and Plant Growth
Substance Law, which remain unexpended, uncommitted and
unencumbered as of the effective date of this act, shall be
transferred to the Agronomic Regulatory Account.
Section 3. The act of May 29, 1956 (1955 P.L.1795, No.598),
known as the Pennsylvania Fertilizer, Soil Conditioner and Plant
Growth Substance Law, is repealed.
Section 4. This act shall take effect in 60 days.
APPROVED--The 13th day of December, A. D. 2001.
MARK S. SCHWEIKER
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