Title 3, AGRICULTURE

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Milk." As defined in section 1 of the Milk Sanitation Law. "Milk plant." As defined in section 1 of the Milk Sanitat…

(a) General rule.--The cap or nonglass container of pasteurized milk held in retail food facilities for resale shall be conspicuously and legibly marked in a contrasting color with a sell-by date or a best-by date. (b) Sell-by date.--A sell-by date shall consist of: (1) a designa…

(a) General rule.--A milk plant may apply to the department for approval to use a sell-by date or a best-by date that exceeds the 17-day period referenced in section 5743(e) (relating to label requirement). Approval shall be by type of milk and type and volume of the milk contain…

(a) Sell-by date.--Pasteurized milk may not be sold or offered for sale if the milk is sold or offered for sale after the sell-by date designated on the cap or nonglass container. (b) Best-by date.--Pasteurized milk may not be sold or offered for sale if the milk is sold or offer…

(a) Sampling and testing.-- (1) If a milk plant labels milk with a sell-by date or a best-by date that is no later than 17 days beginning after midnight on the day on which the milk was pasteurized, the milk plant shall, at intervals of no greater than 12 months and for the highe…

The department shall make such reasonable rules and regulations as may be deemed necessary for carrying out the provisions of this subchapter.

This chapter shall be known and may be cited as the Food Employee Certification Act.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Advisory board" or "board." (Deleted by amendment). "Certificate." A certificate of completion issued by a certificatio…

(a) (Reserved). (b) (Reserved). (c) Certification programs.--The department shall recognize certification programs including examinations developed under those programs that are evaluated and listed by an accrediting agency that has been recognized by the Conference for Food Prot…

(a) General rule.--A retail food facility shall have at least one employee who holds a valid certificate present at the retail food facility or immediately accessible at all hours of operation and who is the person in charge of the retail food facility when physically present and…

The department is charged with the administration of this chapter and shall promulgate rules, regulations and standards for its proper enforcement and administration.

2010 Repeal. Section 6506 was repealed November 23, 2010, P.L.1039, No.106, effective in 60 days.

2010 Repeal. Section 6507 was repealed November 23, 2010, P.L.1039, No.106, effective in 60 days.

(a) Retail food facilities licensed by the department.--For retail food facilities licensed under Subchapter A of Chapter 57 (relating to retail food facility safety) by the department, and in addition to proceeding under any other remedy available at law or in equity for a viola…

2010 Repeal. Section 6509 was repealed November 23, 2010, P.L.1039, No.106, effective in 60 days.

(a) Prepackaged food.-- (1) Retail food facilities where only commercially prepackaged food is handled and sold are exempt from this chapter. (2) Retail food facilities that handle and sell food other than commercially prepackaged food are exempt from this chapter during time per…

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Agricultural operation." The management and use of farming resources for the production of crops, livestock or poultry.…

(a) Requirements.--Each person engaged in the manufacture of fertilizer to be distributed in this Commonwealth and each guarantor of the fertilizer shall, on or before July 1 of each year or prior to manufacture or distribution of the fertilizer, obtain a fertilizer license for e…

(a) Application.--Each brand and grade of specialty fertilizer shall be registered by the guarantor with the department before being offered for sale, sold or distributed in this Commonwealth. An application for each brand and grade of specialty fertilizer shall be made on a form…

(a) General rule.--Except as provided in subsection (b), fertilizer labeled for turf that is distributed to consumers in this Commonwealth shall: (1) Consist of at least 20% enhanced efficiency nitrogen of the total nitrogen or as otherwise determined by the department, which det…

(a) Contents of label.--The guarantor of a fertilizer distributed in a container in this Commonwealth shall place on or affix to the container a label stating in legible and conspicuous form the following: (1) The brand and grade of the fertilizer. The grade shall not be required…

The guarantor whose name appears on the label of a fertilizer distributed in this Commonwealth shall pay semiannually and not later than January 31 and July 31 of each year an inspection fee at the rate of 17¢ per ton of fertilizer distributed in this Commonwealth. In no case sha…

(a) Requirements.--The guarantor whose name appears on a label shall submit, along with the requisite inspection fee, a report in a manner prescribed by the department listing by county the intended use and net tons of each brand and grade of fertilizer distributed in this Common…

(a) Penalties.--The following penalties shall be assessed for deficiencies from the guaranteed analysis: (1) A penalty payment of five times the commercial value of each deficiency shall be assessed when the analysis shows that a fertilizer is deficient if: (i) one or more of its…

For the purpose of determining the commercial value to be applied under section 6808 (relating to plant nutrient deficiency), the department shall determine and publish annually a notice transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin …

No person may distribute a fertilizer that is misbranded. A fertilizer shall be deemed to be misbranded if any of the following apply: (1) Its labeling is false or misleading. (2) It is distributed under the name of another fertilizer. (3) It is not labeled as required in section…

(a) Prohibition.--No person may distribute a fertilizer that is adulterated. A fertilizer shall be deemed to be adulterated if any of the following apply: (1) It contains a deleterious or harmful substance in any amount to render it injurious to beneficial plant life, animals, hu…

(a) Restrictions.-- (1) No person may apply nonaquatic fertilizer within 15 feet of the top of a bank of a lake, pond, wetlands or flowing body of water, such as a stream, river or creek, except that fertilizer may be applied to the top of the bank of the waterways if applied usi…

(a) Application rates.--Except as provided in subsections (c) and (d), fertilizer application rates to turf: (1) Shall not exceed 0.7 pounds of readily available nitrogen per 1,000 square feet per application. (2) Shall not exceed 0.9 pounds of total nitrogen per 1,000 square fee…

A person may not: (1) Apply fertilizer with a device that is not intended for the application of fertilizer or that has not been properly calibrated. (2) Operate fertilizer application equipment or devices in a faulty, careless or negligent manner. (3) Dispose of, discard or stor…

The department, through guidelines established in consultation with The Pennsylvania State University and representatives of the agricultural and turf grass industries, shall establish and administer a program of public outreach to educate the public on proper use, application, h…

The department may publish on an annual basis, and in a form as it deems proper, information concerning the distribution of fertilizers and results of analyses based on official samples of fertilizer distributed within this Commonwealth as compared with analyses guaranteed under …

The department may promulgate and enforce rules and regulations necessary for administration and implementation of this chapter. Regulations currently in place shall remain in effect, to the extent they are consistent with this chapter, until such time as new regulations are prom…

If the department finds that a fertilizer in the possession of a consumer is short in weight, the guarantor of that fertilizer shall, within 30 days after official notice from the department, submit to the consumer a penalty payment of two times the value of the actual shortage.…

(a) Authority of department.--The department may refuse, suspend or revoke: (1) the registration of a fertilizer; (2) the license of a person, if the person is a registrant or licensee and has not complied with the provisions of this chapter, a regulation promulgated under this c…

(a) Authority of department.-- (1) The department may issue and enforce a written or printed stop-sale, use or removal order to the owner or custodian of a lot of fertilizer being offered or exposed for sale in violation of a provision of this chapter, a regulation promulgated un…

Fertilizer not in compliance with the provisions of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter shall be subject to seizure and condemnation by the department, provided that in no instance shall the disposition …

It shall be unlawful for a person to fail to comply with or cause to assist in the violation of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter.

(a) Authorization.--For purposes of enforcement of this chapter, the department or its agent may enter upon any public or private premises or carriers at reasonable times, including any vehicle being used to transport or hold fertilizer, as may be necessary to determine complianc…

(a) Interference.--A person who willfully or intentionally interferes with an employee or officer of the department in the performance of the employee's or officer's duties or activities authorized under this chapter commits a misdemeanor of the third degree and shall, upon convi…

(a) Criminal penalties.--Unless otherwise specified, a person who violates a provision of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter: (1) For the first offense, commits a summary offense and may, upon convictio…

All appeals shall be taken and hearings 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 shall have 15 days t…

(a) Office of Attorney General.--In addition to other remedies provided for in this chapter, the Office of Attorney General, at the request of the department, may initiate in Commonwealth Court or the court of common pleas of the county in which the defendant resides or has a pla…

The department may cooperate with and enter into agreement with governmental agencies of the Federal Government, agencies of this Commonwealth or another state to carry out the purpose and provisions of this chapter.

Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of fertilizers to each other by importers, manufacturers or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of fertilizer to manufacturers or…

All proprietary business information contained in records, data, formulations and other information filed with or collected by the department and that relate to tonnage reports and trade secrets, such as product formulation, customer information or production methods, shall be ex…