Pennsylvania Administrative Code

§ 106.82. Limitations. (a) Extent of program activities. The AMIP will organize a voluntary market reporting system to collect price information for aquaculture and seafood products sold within our regional market on prices received by farmers/suppliers at the wholesale level. Th…

§ 106.83. Notice of program activity. (a) Solicitation of information. Solicitation of information for the AMIP reporting survey will be made in any of the following manners, however, reporting entities may be added throughout the year to maximize number of reporting entities: (1…

§ 106.84. Information to be solicited. Information will be requested for each species of fish approved by the Department for propagation and sale in this Commonwealth. Information will be gathered using a form designed by the Department. The form will contain the following inform…

§ 106.85. Recordkeeping. AMIP market reports and data will be maintained by the Department for 5 years from the date of the market price report being compiled.

§ 106.86. Limitation of liability. The Department’s financial obligation or liability is limited to the costs necessary to administer the program. The Department will not guarantee the accuracy of the information and will not be responsible for any decisions made based on the inf…

§ 106.9. Cancellation/default. The Department, upon a determination that the recipient has violated the act, this subchapter or the participation agreement, may cancel an APDP loan approval. An APDP loan recipient will be considered to be in default if the recipient moves the fun…

§ 108.11. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Agricultural Liming Materials Act (3 P. S. § § 132-1—132-14). Agricultural liming material—A product whose calcium…

§ 108.12. General label requirement. Agricultural liming materials sold, or offered or exposed for sale in this Commonwealth shall have affixed to each package in a conspicuous manner on the outside thereof a plainly printed, stamped or otherwise marked label or tag or, in the ca…

§ 108.13. Type of agricultural liming material. (a) Label requirement. The label shall set forth the type of agricultural liming material that is the subject of the label. (b) Types. The types of agricultural liming materials are as follows: (1) Limestone. (2) Hydrated lime. (3) …

§ 108.14. Elemental calcium and magnesium. (a) Label requirement. The minimum percentage of calcium oxide and magnesium oxide, or calcium carbonate and magnesium carbonate, or both, shall be expressed in the following form on the label: Total Calcium (Ca) percent Total Magnesium …

§ 108.15. Fineness of agricultural liming material. (a) Label requirement. The label shall set forth the classification of the fineness of the agricultural liming material that is the subject of the label. The minimum percentages by weight of that agricultural liming material whi…

§ 108.16. CCE. (a) Label requirement. The label shall set forth the minimum CCE of the agricultural liming material that is the subject of the label. (b) Calculation of CCE. CCE shall be determined by methods prescribed by the Association of Official Analytical Chemists. Source T…

§ 108.17. ENV. (a) Label requirement. The label shall set forth the minimum ENV of the agricultural liming material that is the subject of the label. (b) Calculation of ENV. ENV shall be calculated using the following formula: (% by weight passing 20 mesh sieve—% passing 60 mesh …

§ 108.18. Moisture. The label shall set forth the maximum percentage by weight of the moisture content of the agricultural liming material that is the subject of the label. The actual moisture content of the agricultural liming material shall be no more than 10% greater than the …

§ 108.19. Guaranteed dry weight analysis. (a) Label requirement. The information required under § § 108.14, 108.16 and 108.17 (relating to elemental calcium and magnesium; CCE; and ENV) shall appear on the label under the heading ‘‘Guaranteed Dry Weight Analysis.’’ (b) Accuracy. …

§ 11.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Accredited veterinarian—A licensed veterinarian jointly accredited by USDA-APHIS and the Department in the state in which th…

§ 11.2. Authorization and application of official test. (a) The collection of fecal samples shall be conducted by an accredited veterinarian and the bacterial culturing performed by a laboratory approved by the Department and the United States Department of Agriculture. (b) The h…

§ 11.3. Reports of official tests conducted. The approved laboratory shall report to the Bureau, in writing, the results of official tests. Source The provisions of this § 11.3 amended November 7, 1975, effective November 8, 1975, 5 Pa.B. 2926; amended February 9, 1979, effective…

§ 11.31. Interstate health certificates. A health certificate may be issued for the interstate transportation of a Commonwealth animal originating from a Johne’s disease infected herd only with permission of the chief livestock health official of the state or county of destinatio…

§ 11.4. Identification of cattle and goats. Cattle and goats under test shall be identified with an official ear tag or breed registration tattoo. Registered animals shall be identified on the test report with registered names and numbers in addition to ear tags or breed registra…

§ 11.5. Cattle or goats to be tested. Cattle or goats 1 year of age or older are eligible for fecal culture test. Source The provisions of this § 11.5 amended November 7, 1975, effective November 8, 1975, 5 Pa.B. 2926; amended February 9, 1979, effective February 10, 1979, 9 Pa.B…

§ 11.6. Injury disclaimer. The Department or a cooperating Federal agency, their agents or representatives may not be responsible for unfavorable results or injuries to animals that might be caused by handling or testing. Source The provisions of this § 11.6 adopted November 7, 1…

§ 11.7. Right of the Commonwealth to test. The Commonwealth reserves the right to test an animal for Johne’s disease. It shall be unlawful for a person to impede, hinder or interfere or to refuse to confine so as to allow testing without undue burden on the person testing or to p…

§ 11.8. Memorandum of understanding. A memorandum of understanding outlining the responsibilities of the herd owner and the Bureau shall be signed by both parties before an active Johne’s disease control program is initiated. Source The provisions of this § 11.8 adopted February …

§ 110.1. Noxious weed control list. Under section 3(b) of the Noxious Weed Control Law (3 P.S. § 255.3(b)), the Noxious Weed Control Committee establishes the following noxious weed control list: (1) [Abrogated]. (Editor’s Note: Abrogated July 20, 2016, 3 Pa.C.S. § 709, effective…

GENERAL PROVISIONS § 111.1. Sampling and testing of seeds. The terms used in seed testing and the methods of sampling, inspecting, analyzing, testing and examining agriculture, vegetable, flower, tree and shrub seeds, and lawn and turf mixtures and the tolerance allowed thereof s…

LABELING § 111.11. General labeling requirements. (a) In labeling the kind of agriculture, vegetable, flower, tree or shrub seeds as required in 3 Pa.C.S. § 7104 (relating to labels and labeling), the following apply: (1) Names and classifications (that is ‘‘crop’’ or ‘‘weed’’) u…

§ 111.12. Labeling of flower seeds. The provisions in 3 Pa.C.S. § 7104 (relating to labels and labeling) require that flower seeds be labeled with the name of the kind and variety or a statement of type and performance characteristics as prescribed by the Department of Agricultur…

§ 111.13. Labeling of lawn or turf grasses and mixtures. (a) It is permissible to label cool season lawn and turf grass mixtures that include less than 5% white or ladino clover with a ‘‘Sell By Date’’ and 15 month germination period not including the month of test. (b) Unless ot…

§ 111.14. Labeling of treated seeds. (a) Packages containing treated seeds shall be labeled as such. (b) Whenever a separate treatment tag is not used and the treatment statement is printed on the container, the statement ‘‘See Treatment Statement on Container’’ shall be printed …

§ 111.16. Responsibility for labeling. (a) The person or dealer upon whose premises seeds are located and are exposed or offered for sale shall be responsible for labeling of the seeds. (b) The person or dealer shall also be responsible for procuring a new germination test and su…

§ 111.17. Labeling of seeds for sprouting. The following information shall be indicated on labels of seeds sold for sprouting for salad or culinary purposes (otherwise known as health food): (1) Commonly accepted name of kind, or kinds. (2) Lot number. (3) Percentage by weight of…

§ 111.2. Condition of seeds for testing. (a) Dirty or uncleaned seeds and mixed seed kinds when a percentage of analysis is not provided will not be tested. (b) Seed samples treated with a material will not be tested unless the name of the substance is plainly marked on the conta…

§ 111.22. Prohibited noxious weed seeds. It shall be unlawful to sell or offer for sale seeds that contain the following prohibited weed seeds: (1) Bindweed, field (Convolvulus arvensis). (2) Bindweed, hedge (Calystegia sepium). (3) Quackgrass (Elytrigia repens). (4) Canada thist…

§ 111.23. Restricted noxious weed seeds. (a) The presence of restricted noxious weed seeds in agricultural, vegetable and flower seed, other than lawn and turf grasses, and mixtures thereof listed in subsection (b)(1) shall be governed by the following: (1) List. The seeds of the…

§ 111.3. Fees and schedule of charges. (a) The testing fee shall accompany the sample or the cost of testing will be billed at the first of every month. A fee will be considered past due when payment is not received within 30 days from day of billing. (b) Fees shall be paid by ch…

GERMINATION STANDARDS § 111.31. Vegetable seeds. (a) The germination standards for vegetable seeds, including hard seeds, shall be the following: Seed Percent All other kinds50 Anise50 Artichoke60 Asparagus70 Asparagus bean75 Basil, sweet60 Beans, garden70 Bean, lima70 Bean, runn…

§ 111.32. Flower seeds. (a) Germination standards for flower seeds, including hard seeds, shall be the following: SeedPercent Achillea (The Pearl) (Achillea ptarmica)50 African daisy (Dimorphotheca aurantiaca)55 African violet (Saintpaulia spp.)30 Ageratum (Ageratum mexicanum)60 …

§ 111.4. Prohibitions and requirements. (a) Seeds of which the analysis is already known will not be sent for testing unless: (1) There is suspicion that the law is being violated. (2) Verification of the analysis is required, in which case a copy of the analysis given by the dea…

MISCELLANEOUS PROVISIONS § 111.41. Stop sale procedures. (a) The owner or custodian of any lot of seeds held under ’’stop sale’’ shall be allowed 90 days to correct deficiencies so that the lot conforms to the requirements of this chapter and 3 Pa.C.S. Chapter 71 (relating to the…

§ 111.42. Hermetically sealed containers. (a) The 36-month test period may not apply unless the following conditions have been met: (1) The seed was packaged within 9 months after harvest. (2) The container used does not allow water vapor penetration (WVP) through any wall, inclu…

PRELIMINARY PROVISIONS § 113.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Applicant—An individual, partnership, association, cooperative or corporation applying for certifica…

ELIGIBILITY FOR CERTIFICATION § 113.11. Eligibility requirements. To be eligible for certification, seed stock and propagating materials shall be approved by a State or Provincial agricultural experiment station or the Department. Variety recommendations for seeding practices sha…

§ 113.12. Current eligibility list. Questions concerning the eligibility of a variety of a crop should be directed to the certification office. Source The provisions of this § 113.12 amended through April 13, 1973, effective April 14, 1973, 3 Pa.B. 693; amended April 6, 1990, eff…

§ 113.13. Certification of new varieties. (a) To request certification for a variety not included in § 113.12 (relating to current eligibility list), the owner of the seed shall submit the following information to the certification office not later than December 1 for a spring-pl…

§ 113.2. Purpose of seed certification. (a) The purpose of seed certification is to maintain and make available to the public sources of high quality seeds and propagating materials of varieties grown and distributed so as to insure genetic identity. (b) Seed certification does n…

APPLICATIONS § 113.21. Requirements for filing applications. (a) The following requirements apply to the procedure for filing applications for inspection and certification of a seed crop: (1) Application blanks may be obtained from the Bureau of Plant Industry. (2) Letters of inq…