Pennsylvania Administrative Code

§ 118.1. Application for inspection. Nurserymen, dealers and nursery agents selling or delivering nursery stock in this Commonwealth shall make application in writing before July 1 of each year to the Department for inspection of their nursery stock growing in this Commonwealth.

§ 118.2. Certificate of inspection. After their nursery stock has been officially inspected and found to be apparently free from any plant pests, nurserymen, dealers and nursery agents shall be issued a certification of inspection which is valid not to exceed 1 year from January …

§ 119.1. Dealers’ certificates. Persons collecting native nursery stock in this Commonwealth apply for and receive a dealer’s certificate prior to actually digging or selling any collected stock, unless the persons are already certified as nurserymen.

§ 119.2. Inspection of commercially grown and collected stock. (a) Persons who anticipate the digging or sale of collected native nursery stock shall make proper application to the Bureau of Plant Industry for inspection prior to collecting each individual shipment. (b) Inspector…

§ 119.3. Certification of inspection. (a) A certificate of inspection will be given to the collector of native nursery stock for the movement and sale of each shipment of collected plants found to be free of plant pests. (b) The certification shall cover only the plants inspected…

§ 119.4. Penalty for not providing for inspection. (a) A collector may not transport native stock without first obtaining a written directive from the nursery inspector making provisions for inspection. (b) A collector failing to comply with this section shall be subject to the m…

§ 119.5. Labeling stock. (a) The Pennsylvania Plant Pest Act (3 P. S. § 214-14) requires that tags or posters containing a printed copy of the certificate of the nurseryman making the original sale shall be attached to all of the following: (1) Wholesale lots. (2) Lots to be forw…

§ 119.6. Post-entry quarantine. (a) In cooperation with the United States Department of Agriculture, certain imported plants arriving at points of destination in this Commonwealth shall be placed under the provisions of post entry quarantine. (b) The following requirements shall …

PRELIMINARY PROVISIONS § 120.1. Purpose. Deciduous fruit trees may be registered for the purpose of providing seed, rootstock and scion sources for the propagation of virus-certified nursery stock when inspected, tested and found to be true-to-name and free from virus and virus-l…

REQUIREMENTS FOR REGISTRATION AND CERTIFICATION § 120.11. General. Participation in the FTIP shall be voluntary. Once a written request to participate in the FTIP is received by the Department, no participant may withdraw until the end of the calendar year. Registration or certif…

§ 120.12. Responsibility of applicant. The applicant nurseryman shall be responsible, subject to approval by the Department, for the selection of the location and the proper maintenance of registered plantings being grown under the provisions of the FTIP. The applicant shall be r…

§ 120.13. Location of plantings. (a) Each planting location shall be subject to approval by the Department and shall be in an area having minimal risks for spread of infectious pests by drainage, flooding, irrigation or other means. (b) A scion block may not be located within 300…

§ 120.14. Certified nursery stock. (a) Fruit tree nursery stock being grown for Penn Premium-certification shall be on rootstocks approved by the Department and shall originate from registered seed trees or from registered stool beds. Fruit tree nursery stock being grown for Penn…

§ 120.15. Establishment and maintenance of plantings. (a) Plantings entered in the FTIP shall be kept in a thrifty growing condition and pests shall be effectively controlled. Suitable precautions shall be taken in cultivation, irrigation, movement and use of equipment and in oth…

§ 120.16. Eligibility. (a) Any type of deciduous tree fruit, when approved by the Department, is eligible for entry in the FTIP as provided in this chapter. To be acceptable for registration or to be eligible for any planting entered in the FTIP, a plant shall have been tested an…

§ 120.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Bureau—The Bureau of Plant Industry of the Department. Department—The Department of Agriculture of the Commonwealth. FTIP—F…

INSPECTION AND TESTING § 120.21. Procedure. Inspection and testing procedures prescribed in the FTIP may be carried out only by the Department or by a subcontract approved by the Department and shall be conducted in a manner and at times approved by the Pennsylvania FTIP Advisory…

§ 120.22. Tagging and identity. (a) Tagging. The Department will authorize the use of official certification tags for the identification of nursery stock or seed that meet the requirements of the FTIP. (b) Identity. A person selling Pennsylvania certified fruit tree nursery stock…

ENFORCEMENT § 120.31. Refusal, suspension or cancellation. Registration or certification may be refused, suspended or cancelled for any plants in part or all of a planting under any of the following conditions: (1) The requirements of this chapter have not been met. (2) The plant…

APPLICATION AND FEES § 120.41. Application. Application for certification shall be made yearly on or before January 30 by contacting the Fruit Tree Improvement Program, Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania, 17120.

§ 120.42. Fees. Revenues to aid in the support of the FTIP and related research will be generated by a fee imposed on each participating nursery amounting to 1% of the gross sales received by that nursery for fruit trees produced by them and sold during the participating year. Pa…

§ 122.1. Purpose. Geraniums (Pelargonium spp.) may be certified as virus-tested when inspected, tested and found to be true-to-name and free from virus and virus-like diseases detectable by procedures outlined in this chapter. The Department is responsible for the implementation …

§ 122.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Department—The Department of Agriculture of the Commonwealth. Elite nuclear block—Plants which are derived from heat-treate…

§ 122.3. Requirements for registration and certification. (a) General. Participation in the program is voluntary. Once a written request to participate in the program is received by the Department, no participant may withdraw until the end of the calendar year. Registration or ce…

§ 122.4. Inspection and testing. The Department reserves the right to inspect the applicant’s facilities, techniques, plants and records to insure that the provisions of the program are being followed. The Department also reserves the right to conduct independent indexing on regi…

§ 122.5. Labeling. (a) The method of labeling shipments of registered plants shall be approved by the Department, and the labels shall contain the following information: (1) Variety. (2) A number which can be used to trace the plant’s origin. (3) The fact that the plants are cert…

§ 122.6. Enforcement. Registration or certification may be refused, suspended or cancelled for any plant or group of plants if: (1) The requirements of this chapter have not been met. (2) The plant is found to be virus-infected or off-type. (3) For any reason, the identity of a p…

§ 122.7. Application and fees. (a) Application. Application for certification can be made by contacting the Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110. (b) Fees. There is no fee charged for certification of geraniums as virus-tested.

§ 122.8. Warranty. (a) This program is designed to insure the production of a superior product by eliminating most viruses from geranium propagating stock. Neither the Department nor any applicant can guarantee that all certified geraniums are free of all viruses. (b) The respons…

§ 128.1. Scope. This chapter prescribes policies and procedures relating to the following: (1) The labeling, distribution, storage and registration of pesticides. (2) The classification of restricted use pesticides. (3) The certification of pesticide applicators. (4) The licensin…

PESTICIDE DEALERS § 128.10. Licensing requirements for pesticide dealer. (a) A person may not purchase or attempt to purchase a restricted use pesticide for resale or distribution unless the person has a current and valid pesticide dealer license. (b) Each pesticide dealer shall,…

§ 128.101. Reporting of pesticide significant accidents or incidents. (a) The Secretary has designated the Department as the State agency to which significant pesticide accidents or incidents shall be reported. (b) A person after becoming aware of a significant pesticide accident…

§ 128.102. Protected designated areas. (a) An application of a restricted use pesticide within 100 feet of certain publicly-owned or designated lands will not be permitted unless a waiver is granted by the Secretary. Lands affected by this restriction include: (1) State forest la…

§ 128.103. Handling, transportation, storage, use and disposal of pesticides. (a) A person may not use, handle, transport, store, dispose, display or distribute a pesticide in a manner that endangers man or the environment or contaminates food, feed, feed supplements, medications…

§ 128.104. Experimental use permits. The Department shall be notified by the registrant prior to the use in this Commonwealth of a pesticide with an approved EPA experimental use permit. Notification must include copies of the EPA approval letter, a properly completed product lab…

§ 128.105. Additional responsibilities of certified applicators. (a) A certified applicator is responsible for the actions of persons acting under his supervision and shall instruct the persons in the method of application for the pesticides that will be applied. (b) A certified …

§ 128.106. Additional responsibilities relating to schools. (a) General. A pesticide may not be applied in a common access area within a school building or on school grounds when students are expected to be in the common access area for normal academic instruction or organized ex…

§ 128.107. Providing information upon request. (a) A producer, distributor or other person shall maintain all books and records as required under section 8 of FIFRA (7 U.S.C.A. § 136f). The records shall be made available for inspection and reproduction when requested by the Depa…

§ 128.11. Recordkeeping. (a) A pesticide dealer shall keep for each distribution of a restricted use pesticide a record containing the following information: (1) The name and address of the customer and his applicator’s certificate number or business or dealer’s license number. (…

§ 128.111. Registry. (a) The Department will maintain a list of individuals who have been verified as being hypersensitive to pesticides. The list will be referred to as the Pesticide Hypersensitivity Registry. (b) Individuals who want to be included on the registry shall have th…

§ 128.112. Notification of hypersensitive individuals. (a) General. Prior to a pesticide application being made by a commercial or public pesticide application business the following conditions shall be met: (1) Each individual listed on the current registry whose primary residen…

§ 128.12. Issuance of a pesticide dealer manager certificate. (a) The Department will issue a pesticide dealer manager certificate to an applicant 18 years of age or older, upon verification of passing a written competency examination and payment of the appropriate fee. Renewal o…

§ 128.13. Determination of competence. (a) At least one individual at each pesticide dealer location shall show competence in the storage and distribution requirements for restricted use pesticides. Competence will be determined on the basis of a written examination. The examinat…

§ 128.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Pennsylvania Pesticide Control Act of 1973 (3 P. S. § § 111.21—111.61). Application site—The specific location wher…

PEST MANAGEMENT CONSULTANTS § 128.21. Determination of competence. A pest management consultant shall prove his competence by passing a written proctored examination.

§ 128.22. Licensing. Upon passing a written examination and the payment of the annual fee, the Department will issue a pest management consultant’s license.

§ 128.23. Categories of pest management consultant. The specialty categories for a pest management consultant will conform with the categories of commercial and public applicators established under § 128.42 (relating to categories of commercial and public applicators).