Section 1311. Powers and duties of commission.
(a) Regulations.--The commission shall, in consultation with the department, the Department of Environmental Protection, the board and the Nutrient Management Advisory Board, promulgate regulations establishing minimum criteria for the use of food processing residuals in the course of normal farming operations to implement this subarticle. The criteria shall be established using the most recent science available.
(b) Criteria.--The criteria established under subsection (a) shall include:
(1) Procedures for the commission to identify nutrients. There shall be a presumption that nitrogen is the nutrient of primary concern, unless the commission determines the presumption is not appropriate.
(2) Procedures for the commission to identify characteristics of interest.
(3) Procedures to determine the proper application rates of nutrients and characteristics of interest in food processing residuals to be applied to land based on conditions of soil, levels of existing nutrients and characteristics of interest in the soil, and the type of agricultural production to be conducted on the land.
(4) Science-based and evidence-based recommended best management practices to use food processing residuals in the course of normal farming operations.
(5) Recordkeeping requirements related to the use of food processing residuals in the course of normal farming operations, including storage, processing and land application.
(6) Minimum standards for the location, construction and operation of a storage facility, including storage capacity, for food processing residuals used in the course of normal farming operations.
(7) Minimum standards for commingling of manure and food processing residuals used in the course of normal farming operations.
(8) Procedures for filing a land application system notification.
(9) Conditions under which a land application system must be modified.
(10) Provisions for periodic evaluation of a land application system.
(c) Additional duties and authority.--The commission shall have the following additional duties and authority:
(1) To continually evaluate and approve best management practices based on the latest scientific research and evidence-based practices.
(2) To continually evaluate the criteria for a land application system and promulgate regulations as necessary. A regulatory change under this subsection shall require a two-thirds majority vote of the commission.
(3) To develop and implement, in cooperation with the department, the Department of Environmental Protection, the board, the Nutrient Management Advisory Board and Penn State Extension, a program to provide education and technical assistance to the agricultural community and, to the extent funds are available, to provide financial assistance to existing normal farming operations for implementation of best management practices for the use of food processing residuals in the course of normal farming operations.
(4) To issue orders and take actions as necessary to administer and enforce this article.
(1311 added July 12, 2026, P.L.265, No.21)