Title 3, AGRICULTURE

General permits may be issued for the research, marketing, retail, wholesale, transport, storage, warehousing, display, distribution, cultivation or propagation of controlled plants under the following circumstances: (1) General permits may be issued on a Statewide or regional ba…

Individual permits may be issued for noxious weeds and controlled plants in accordance with the following: (1) An individual permit may be issued for any controlled plant where: (i) The controlled plant has individual characteristics as to make it difficult or impossible for the …

(a) General compliance.--It shall be a violation of this chapter to fail to comply with any provision of this chapter or any regulation, permit requirement or order established pursuant to this chapter. (b) Noxious weeds.--Except as established in an individual permit allowing ed…

(a) General rule.--The following apply: (1) The department may establish a noxious weed control area through a control order issued by the department under section 1517 (relating to control orders). The order shall be published in the Pennsylvania Bulletin and disseminated to per…

(a) Noxious weeds.-- (1) The department may issue a control order requiring a person to implement treatment measures for noxious weeds. The control order shall state the general factual and legal basis for the action and shall advise the affected person that, within 15 days of re…

(a) General rule.--A person subject to a control order issued under section 1517 (relating to control orders) shall comply with the control order within the time frame specified in the control order or, if appealed, the time frame established in the final adjudication of the secr…

(a) Class A noxious weeds.--Preventing new infestations and eradicating existing infestations of noxious weeds in this class is high priority. The following are Class A noxious weeds: (1) Amaranthus palmeri S. Watson (commonly known as Palmer amaranth). (2) Amaranthus rudis (comm…

(a) General rule.--The following fees, which shall be deposited into the account, are established: (1) General permit, $150 per permit with a $50 annual renewal fee. (2) Individual permit, $250 per permit with a $100 annual renewal fee. (3) Inspection fees for field locations - $…

(a) General rule.--The secretary shall enforce this chapter and may employ all proper means for the enforcement of this chapter, including issuing notices of violation and orders, filing violations for criminal prosecution, seeking injunctive relief, imposing civil penalties and …

(a) General rule.--The department may issue and enforce a stop-sale order to any person holding or required to hold a permit under this chapter or to any person where a noxious weed or controlled plant exists. The stop-sale order shall require a person to hold, at a designated pl…

(a) General rule.--Where the distribution, transportation, cultivation, propagation, marketing, retail, wholesale, holding, warehousing, research or educational practices of a noxious weed or controlled plant is not in compliance with the provisions of this chapter, a permit, or …

An administrative appeal shall be taken and hearing 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). A person must fil…

The department may cooperate and enter into agreements with any individual, person, organization or Federal, State, county or municipal agency for the purpose of implementing the provisions of this chapter. The department may assist in the enforcement of any Federal noxious weed …

The department may promulgate rules and regulations and establish and enforce orders necessary for administration and implementation of this chapter in accordance with the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, the act of October 15…

It shall be unlawful for a person to fail to comply with or to cause or assist in the violation of a permit, an order or a provision of this chapter or any attendant regulation.

A person who willfully or intentionally interferes with an inspector, employee or agent of the department in the performance of the inspector's, employee's or agent's duties or activities authorized under this chapter commits a misdemeanor of the third degree and shall, upon conv…

(a) Criminal penalties.--Unless otherwise specified, a person who violates a permit, a provision of this chapter or a rule or regulation adopted pursuant to this chapter or any order issued under this chapter: (1) For the first offense, commits a summary offense and may, upon con…

In addition to any other remedies provided for in this chapter, the Attorney General, at the request of the secretary, may initiate, in Commonwealth Court or the court of common pleas of the county in which the defendant resides or has a place of business, an action in equity for…

Nothing in this chapter shall be construed as requiring the department to report a violation or to institute seizure proceedings or other enforcement actions under this chapter as a result of de minimis violations of this chapter if the department concludes that the public intere…

(a) Plant Pest Management Account.--Money received from permitting fees, control work reimbursement, fines and penalties under this chapter shall be paid into the Plant Pest Management Account. (b) Supplements.--The account may be supplemented by money received from the following…

All local laws contrary to this chapter are preempted.