Pennsylvania Act 1965-262 — PENNSYLVANIA GRAPE HERBICIDES ACT

Act text

PENNSYLVANIA GRAPE HERBICIDES ACT
                 Act of Sep. 10, 1965, P.L. 517, No. 262              Cl. 03
                                  AN ACT

     Vesting authority in the Secretary of Agriculture to restrict or
        prohibit the use of certain herbicides causing damage to
        grape vines or grape crops, and authorizing the Department of
        Agriculture to establish regulations therefor and providing
        penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Short Title.--This act shall be known and may be
     cited as the "Pennsylvania Grape Herbicides Act."
        Section 2.  Definitions.--As used in this act--
        (1)  "Secretary" means the Secretary of Agriculture of the
     Commonwealth.
        (2)  "Grape grower" means a producer of grapes for profit.
        (3)  "Grape vineyard" means lands upon which grapevines are
     maintained and harvested for profit.
        (4)  "Proximity" means a radial distance of two miles from
     the site of damage.
        (5)  "Development" means natural and normal growth before
     harvest.
        (6) "Affected area" means the area defined in petition. The
     affected area may be altered by description in the order of the
     secretary, if the secretary finds that such alteration should be
     made to effectuate the purposes of the petition.
        (7)  "Major source of agricultural income" means that the
     producers of grapes within the affected area obtain at least ten
     percent of their gross farm income as a group in any five year
     period from the production of grapes.
        (8)  "Herbicide" means any agent used to destroy or inhibit
     plant growth.
        Section 3.  Petitions, Hearings and Orders.--(a)  Authority
     is hereby vested in the secretary to administer and enforce the
     provisions of this act and orders issued pursuant thereto.
        (b)  Whenever the secretary receives a petition in a form
     prescribed by him, signed by at least five grape growers in the
     same township or contiguous townships in the Commonwealth,
     alleging that the use of herbicides, described in the petition
     in proximity to grape vineyards or crops of grapes described in
     the petition, has proved harmful to the development of
     grapevines or the grape crop in the affected area in the same or
     any prior year and asking that the use of such chemical
     substances be prohibited or restricted within the affected area,
     the secretary shall ascertain whether at least five of the
     signers of the petition are grape growers and owners of grape
     vineyards within the affected area. In counting the required
     number of petitioners, joint tenants or tenants by the
     entireties shall be counted as one signer.
        (c)  If the secretary determines that the petition is
     properly filed, the secretary or his agent shall hold a public
     hearing after giving at least ten days' notice of the time and
     place at which the hearing will be held which notice shall be
     given in a newspaper of general circulation in the area affected
     and by notice by mail to each named user of herbicides or his
     agent complained of within the affected area.
        (d)  If the secretary finds from testimony adduced that:
        (1)  There has been injury sustained to grapevines or grape
     crops within affected area; and
        (2)  Injury was caused by use of herbicides described in
     petitions; and
        (3)  Use of herbicides was upon lands within affected area or
     in proximity to affected area; and
        (4)  The production of grapes constitutes a major source of
     agricultural income within affected area, the secretary shall
     (i) issue an order prohibiting or restricting the use of
     herbicides named in the petition or similarly dangerous
     herbicides within or in proximity of affected area for a period
     of time to be specified in the order unless such use is
     authorized by permit issued by the secretary; and (ii) ((ii)
     repealed July 31, 1968, P.L.769, No.240)

        Compiler's Note:  Section 609(c) of Act 240 of 1968 provided
            that section 3 is repealed insofar as it is inconsistent
            with Act 240.
        Section 4.  Permits.--Upon written request, the secretary may
     issue a permit to use herbicides within or in the proximity of
     an area affected by an order issued pursuant to section 3, if he
     shall find that such use is reasonably necessary for its
     purpose, and the proposed manner of use will not be harmful to
     the grapevines or grape crops which the order is intended to
     protect. Every such permit shall prescribe the manner of use,
     either as proposed by the permittee or as the secretary may deem
     necessary to avoid harm to such grapevines or grape crops.
        Section 5.  Penalties.--Any person violating the prohibitions
     of this act or the manner of use prescribed in a permit is
     guilty of a misdemeanor and, upon conviction thereof, shall be
     sentenced to pay a fine not exceeding five hundred dollars
     ($500) or to imprisonment for not more than six months, or both.
        Section 6.  Effective Date.--This act shall take effect
     immediately.