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Agriculture - 3 Pa. Cons. Stat.

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PART I. GENERAL PROVISIONS
Chapter 1. Preliminary Provisions

• § 101.  Short title of title.
  This title shall be known and may be cited as the Agriculture Code. ...
• § 102.  Definitions.
  Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases ...

Chapter 3. Local Regulation
Subchapter A. Preliminary Provisions

• § 311.  Scope.
  This chapter deals with local regulation of normal agricultural operations. ...
• § 312.  Definitions.
  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 ...

Subchapter B. Normal Agricultural Operations

• § 313.  Certain local government unit actions prohibited.
  (a) Adoption and enforcement of unauthorized local ordinances.--A local government unit shall not adopt nor enforce an unauthorized local ordinance. (b) Existing local ordinances.--This chapter ...
• § 314.  Duties of Attorney General.
  (a) Request for review.--An owner or operator of a normal agricultural operation may request the Attorney General to review a local ordinance believed to be ...
• § 315.  Right of action.
  (a) Attorney General action.--The Attorney General may bring an action against the local government unit in Commonwealth Court to invalidate the unauthorized local ordinance or ...
• § 316.  Commonwealth Court masters.
  (a) General rule.--The Commonwealth Court may promulgate rules for the selection and appointment of masters on a full- time or part-time basis for actions brought ...
• § 317.  Attorney fees and costs.
  In an action brought under section 315(b) (relating to right of action), the court may do any of the following: (1) If the court determines ...
• § 318.  Reports to General Assembly.
  The Attorney General shall provide to the chairman and the minority chairman of the Senate Committee on Agricultural and Rural Affairs and the chairman and ...

Chapter 5. Nutrient Management and Odor Management

• § 501.  Scope.
  This chapter relates to nutrient management and odor management. ...
• § 502.  Declaration of legislative purpose.
  The purposes of this chapter are as follows: (1) To establish criteria, nutrient management planning requirements and an implementation schedule for the application of nutrient ...
• § 503.  Definitions.
  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 ...
• § 504.  Powers and duties of commission.
  The commission shall have the following powers and duties: (1) Before July 19, 1995, and periodically thereafter, to promulgate regulations, in consultation with the department, ...
• § 505.  Powers and duties of Department of Environmental Protection.
  § 505. Powers and duties of Department of Environmental Protection. The Department of Environmental Protection shall have the following powers and duties: (1) Before July ...
• § 506.  Nutrient management plans.
  (a) Concentrated animal operations.--Concentrated animal operations are those agricultural operations where the animal density exceeds two AEUs per acre on an annualized basis. Beginning October ...
• § 507.  Manure application setbacks and buffers.
  (a) General rule.--Unless the commission establishes a stricter requirement by regulation, no concentrated animal operation or other agricultural operation receiving manure from a concentrated animal ...
• § 508.  Nutrient management certification program and odor management certification program.
  § 508. Nutrient management certification program and odor management certification program. (a) Requirement.--The department shall establish, in consultation with the commission, a nutrient management certification ...
• § 509.  Odor management plans.
  (a) Requirement.-- (1) The following operations shall develop and implement an odor management plan as described in this chapter: (i) Existing concentrated animal operations and ...
• § 510.  Nutrient Management Advisory Board.
  (a) Creation.--There is created the Nutrient Management Advisory Board. The board shall consist of 16 members appointed by the chairman of the commission and approved ...
• § 511.  Financial assistance.
  (a) Loans, grants, etc.--The commission shall, to the extent funds are available, provide financial assistance in the form of loans, loan guarantees and grants for ...
• § 512.  Nutrient Management Fund.
  (a) Establishment of fund.--There is established a special nonlapsing fund in the State Treasury to be known as the Nutrient Management Fund. All fees, fines, ...
• § 513.  Unlawful conduct.
  It shall be unlawful to fail to comply with or to cause or assist in the violation of any order or any of the provisions ...
• § 514.  Civil penalties and remedies.
  (a) Civil penalty.--In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this chapter ...
• § 515.  Limitation of liability.
  If a person is fully and properly implementing a nutrient management plan or an odor management plan approved by the local conservation district or the ...
• § 516.  Enforcement authority; enforcement orders.
  (a) Right of access.--A duly authorized agent of the commission or a conservation district shall have authority to enter any agricultural operation at reasonable times ...
• § 517.  Appealable actions.
  Any person aggrieved by an order or other administrative action of the commission issued pursuant to this chapter shall have the right, within 30 days ...
• § 518.  Powers reserved under existing laws.
  Nothing in this chapter shall limit in any way whatever the powers conferred upon the commission, the department, the Department of Environmental Protection or a ...
• § 519.  Preemption of local ordinances.
  (a) General.--This chapter and its provisions are of Statewide concern and occupy the whole field of regulation regarding nutrient management and odor management, to the ...
• § 520.  Repeals.
  All acts and parts of acts are repealed insofar as they are inconsistent with this chapter. ...
• § 521.  Other statutes not affected.
  This chapter shall not be construed as modifying, rescinding or superseding any other statute or as regulating biosolids and shall be read in pari materia ...
• § 522.  Regulations.
  The Department of Environmental Protection is authorized to adopt such regulations as it deems necessary to its administration and enforcement of this chapter. This includes ...

PART II. PRODUCTS IN GENERAL (Reserved)
PART III. PLANTS AND PLANT PRODUCTS (Reserved)
PART IV. ANIMALS AND ANIMAL PRODUCTS
Chapter 21. Bees

• § 2101.  Short title of chapter.
  This chapter shall be known and may be cited as the Bee Law. ...
• § 2102.  Definitions.
  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 ...
• § 2103.  Chief apiary inspector.
  The secretary shall appoint a chief apiary inspector to be in charge of all apiary inspections and shall appoint such additional apiary inspectors as may ...
• § 2104.  Quarantines.
  The department may establish, modify and maintain such quarantines as may be necessary to control the shipment into or within this Commonwealth of any bees, ...
• § 2105.  Registration of apiaries.
  (a) General rule.--The owner of an apiary located in this Commonwealth shall register the apiary with the department. (b) Application.--The application for registration of an ...
• § 2106.  Inspection.
  The department through the inspectors shall at least twice during each summer season inspect all queen apiaries. If from the inspection it appears that any ...
• § 2107.  Diseases.
  (a) General rule.--The department through the inspectors shall, as far as practicable, inspect all apiaries in this Commonwealth. If upon inspection it is found that ...
• § 2108.  Infected shipments.
  Infected shipments, apiaries where the existing disease cannot be successfully treated and apiaries which are affected by disease amenable to treatment but which have not ...
• § 2109.  Prohibitions.
  (a) Infected colonies, hives or appliances.--No person shall knowingly keep in his possession without proper treatment any colony of bees affected with any bee disease ...
• § 2110.  Free access.
  The department, the chief apiary inspector and any apiary inspector shall have free access, ingress and egress to and from any apiary, premises, building or ...
• § 2111.  Transportation.
  No person shall transport bees, hives or appliances into this Commonwealth unless they are accompanied with a certificate of inspection signed by the chief apiary ...
• § 2112.  Imported bees.
  No person shall import any living insects belonging to the genus Apis from any foreign country except Canada for any purpose without written permission from ...
• § 2113.  Penalties.
  (a) First violation.--A first violation of this chapter or any order or regulation promulgated under this chapter constitutes a summary offense punishable by a fine ...
• § 2114.  Civil penalties.
  (a) Assessment.--The department may assess a civil penalty of not more than $1,000 upon a person for each violation. (b) Contest.--If a civil penalty is ...
• § 2115.  Injunctions.
  The Attorney General at the request of the department may initiate in the Commonwealth Court or the court of common pleas of the county in ...
• § 2116.  Concurrent remedies.
  The penalties and remedies prescribed by this chapter are concurrent. The existence or exercise of any remedy shall not prevent the exercise of any other ...
• § 2117.  Disposition of funds.
  Moneys received from registration fees, fines and civil penalties shall be paid into the State Treasury and shall be credited to the general government operations ...

Chapter 23. Domestic Animals
Subchapter A. General Provisions

• § 2301.  Short title of chapter.
  This chapter shall be known and may be cited as the Domestic Animal Law. ...
• § 2302.  Finding, policy and purpose.
  The General Assembly finds that animal health is of major economic interest in this Commonwealth. It is the declared policy of the Commonwealth to assure ...
• § 2303.  Definitions.
  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 ...
• § 2304.  Diagnostic services and research.
  The department may establish, maintain or fund, to the extent that funding is available, such domestic animal disease diagnostic services and research activities as are ...
• § 2305.  Keeping and handling of domestic animals.
  The department shall have authority to regulate the keeping and handling of domestic animals to exclude or contain dangerous transmissible diseases and hazardous substances and ...

Subchapter B. Identification of Domestic Animals

• § 2311.  General authority.
  The department shall have authority to impose requirements and methods for the identification of domestic animals owned, kept, possessed or transported within this Commonwealth. The ...
• § 2312.  Adoption of form of identification.
  (a) General authority.--A domestic animal owner may adopt a brand, tattoo or other form of identification with which to identify domestic animals owned by such ...
• § 2313.  Certified copies.
  (a) Issuance.--If a form of identification is recorded, the department shall furnish its owner with two certified copies of the record of the form of ...
• § 2314.  Brand, tattoo or other form of identification as proof of ownership.
  § 2314. Brand, tattoo or other form of identification as proof of ownership. In all suits at law or in equity or in any criminal ...
• § 2315.  Disputes in custody or ownership.
  Disputes in custody or ownership of domestic animals that bear brands, tattoos or other forms of identification shall be investigated on request by the sheriff ...
• § 2316.  Sale or assignment of form of identification.
  Any form of identification recorded pursuant to this subchapter shall be the property of the person causing such record to be made and shall be ...
• § 2317.  Violations and penalty.
  (a) Unauthorized brands.--It shall be unlawful for a person to use any brand for the branding of domestic animals unless the brand has been recorded ...
• § 2318.  Fees and forfeiture.
  An owner of a form of identification of record shall pay the department a fee of $5 on January 1 of every fifth year from ...

Subchapter C. Detection, Containment or Eradication of
Certain Diseases

• § 2321.  Dangerous transmissible diseases.
  (a) Specific dangerous transmissible diseases.--The following transmissible diseases are dangerous transmissible diseases within the meaning of this chapter: (1) Actinomycosis, an infectious disease of cattle ...
• § 2322.  Neoplastic diseases, metabolic diseases and heritable diseases.
  § 2322. Neoplastic diseases, metabolic diseases and heritable diseases. If a neoplastic disease, metabolic disease or heritable disease is determined by the department to pose ...
• § 2323.  Health requirements.
  (a) Interstate and intrastate movement of domestic animals.--The department may establish identification and minimum health standards for the importation or the intrastate movement of domestic ...
• § 2324.  Safety of domestic animal feed.
  (a) General authority.--The department shall have the authority and the duty to protect the food supply of domestic animals in order to prevent the transmission ...
• § 2325.  Use of biologicals, antibiotics, genetic material, chemicals, diagnostic agents and other substances.
  § 2325. Use of biologicals, antibiotics, genetic material, chemicals, diagnostic agents and other substances. (a) Authority.--The department shall have the authority to regulate the manufacture, ...
• § 2326.  Sanitation.
  The department shall have the authority to establish standards of sanitation for the operation and maintenance of any facility, conveyance, equipment, building or other means ...
• § 2327.  Disease surveillance and detection.
  (a) General authority.--The department shall have the authority to regularly monitor the domestic animal population of this Commonwealth to determine the prevalence, incidence and location ...
• § 2328.  Entry on premises.
  In the performance of the duties required by this chapter, the department may at any time enter any premises or stop and detain any vehicle ...
• § 2329.  Quarantine.
  (a) Power to establish and enforce.--Whenever a dangerous transmissible disease or contamination by hazardous substances exists anywhere within or outside of this Commonwealth, or whenever ...
• § 2330.  Condemnation.
  The department shall have the authority to condemn and seize or cause to be destroyed any quarantined domestic animal, domestic animal product, conveyance or other ...
• § 2331.  Indemnification.
  (a) In general.--Whenever a condemned domestic animal, domestic animal product or other condemned property is slaughtered or destroyed by order of the department to eradicate ...
• § 2332.  Depopulation incentive.
  (a) Generally.--If a domestic animal, domestic animal product or other property has not been condemned under authority of this chapter, the department shall have the ...
• § 2333.  Restriction on payment of indemnification and depopulation incentive.
  § 2333. Restriction on payment of indemnification and depopulation incentive. (a) Generally.--Notwithstanding any other provision of law, indemnification under section 2331 (relating to indemnification) and ...
• § 2334.  Report on insurance or cost-sharing program.
  On or before 12 months from the effective date of this chapter, the department shall submit to the Agriculture and Rural Affairs Committee of the ...
• § 2335.  Contract growers.
  On or before 12 months from the effective date of this chapter, the department shall submit to the Agriculture and Rural Affairs Committee of the ...

Subchapter D. Dealers, Agents and Haulers of Domestic Animals
or Dead Domestic Animals

• § 2341.  General authority.
  The department shall have authority to regulate the activities, facilities and equipment of domestic animal or dead domestic animal dealers, agents and haulers for the ...
• § 2342.  License of dealers and haulers.
  (a) Requirement.--No person shall engage in or carry on the business of a dealer or hauler of domestic animals or of dead domestic animals or ...
• § 2343.  Licensure of agents.
  (a) General rule.--Except as provided in subsection (b), a domestic animal or dead domestic animal dealer or hauler who applies for or holds a dealer's ...
• § 2344.  Verification of application.
  An applicant for a license under this subchapter shall sign the license application, and such signature shall serve to affirm that the information contained in ...
• § 2345.  License fees.
  The fee for a domestic animal or dead domestic animal dealer's or hauler's license is $50. If a person is a dealer of dogs and ...
• § 2346.  Term of license.
  A license issued under this subchapter shall expire at the end of the calendar year for which it was issued, except that licensure shall be ...
• § 2347.  Posting and display of license.
  Any person licensed under this subchapter and conducting business under such a license shall post a copy of the license furnished by the department in ...
• § 2348.  Denial, suspension or revocation of license.
  The department may, after due notice and an opportunity for a hearing, deny, suspend, revoke or modify a license issued under this subchapter if the ...
• § 2349.  Records and inspections.
  Every dealer, agent and hauler shall keep such accounts, records and memoranda as are determined by the department to be sufficient to identify all living ...

Subchapter E. Disposal of Dead Domestic Animals and Animal
Waste

• § 2351.  General authority.
  The department shall have the authority and the duty to cause the sanitary and safe disposal of dead domestic animals, domestic animal products and domestic ...
• § 2352.  Disposal of dead domestic animals.
  (a) Requirements.--The following requirements shall be met regarding the disposal of the bodies of dead domestic animals: (1) Persons owning or possessing domestic animals that ...
• § 2353.  Disposal of animal waste.
  Animal waste known or suspected to have been exposed to a dangerous transmissible disease or hazardous substance shall be disposed of in accordance with regulations ...
• § 2354.  Licensure requirement of dead domestic animal disposal businesses.
  § 2354. Licensure requirement of dead domestic animal disposal businesses. Any person who purchases or receives for disposal a dead domestic animal, domestic animal part ...
• § 2355.  Licensing procedure.
  (a) Applications and fees.--Any person intending to operate a dead domestic animal disposal business within this Commonwealth shall, prior to the commencement of business, file ...
• § 2356.  Conditions of licensure.
  (a) Inspections.--As a precondition to the issuance of a license under this subchapter and as a continuing condition of such licensure, the department shall inspect ...
• § 2357.  Denial, suspension or revocation of license.
  An application or license under this subchapter may be denied, suspended or revoked if the department determines that any of the conditions of licensure set ...

Subchapter F. Slaughter and Processing of Domestic Animals

• § 2361.  General authority.
  The department shall have authority to regulate the destruction, slaughter or processing of domestic animals in order to assure the proper treatment of domestic animals ...
• § 2362.  Humane methods of slaughtering domestic animals.
  (a) Humane methods required.-- (1) Humane methods shall be used in the handling of domestic animals for slaughter and in the actual bleeding and slaughter ...

Subchapter G. Garbage Feeding Business

• § 2371.  Licensure requirement.
  Any person who feeds garbage to domestic animals shall be deemed to be engaged in the garbage feeding business. It shall be the duty of ...
• § 2372.  Application and fee.
  Any person intending to operate a garbage feeding business or plant within this Commonwealth shall, prior to the commencement of operation, file an application with ...
• § 2373.  Issuance of license.
  The department shall issue a license under this subchapter when all of the following are met: (1) Approval of the application. (2) Receipt of the ...
• § 2374.  Term of license and renewal.
  A license issued under this subchapter shall expire at the end of the calendar year for which it is issued, except that licensure shall be ...
• § 2375.  Posting of license.
  Any person licensed under this section and operating a garbage feeding business shall post a copy of the license in a conspicuous place in or ...
• § 2376.  Heating certain garbage before feeding.
  All garbage that may contain animals, animal parts or animal products shall be heated thoroughly to a temperature of at least 212 degrees Fahrenheit for ...
• § 2377.  Prohibitions and conditions.
  (a) Sanitation.--All garbage feeding businesses shall be maintained in a reasonably sanitary condition. Approved methods to exterminate flies, vermin and rodents shall be employed regularly. ...
• § 2378.  Inspections.
  As a precondition to the issuance of a garbage feeding business license and as a continuing condition of such licensure, the department may inspect an ...
• § 2379.  Notice to remedy and denial, suspension or revocation of license.
  § 2379. Notice to remedy and denial, suspension or revocation of license. The department shall provide an applicant or licensee under this subchapter with written ...

Subchapter G.1. Cervidae Livestock Operations
§ 2380.1. Definitions.
§ 2380.2. License required.
§ 2380.3. Application.
§ 2380.4. Issuance.
§ 2380.5. Term; renewal.
§ 2380.6. Keeping and handling of cervids.
§ 2380.7. Periodic inspections.
§ 2380.8. Violations by licensees.
§ 2380.9. Game and Wildlife Code and regulations.
Subchapter H. Administrative Provisions

• § 2381.  Cooperation.
  In order to extend the efficiency of the department with regard to the administration and implementation of this chapter, the department is authorized to cooperate ...
• § 2382.  Regulations.
  (a) General authority.--The department shall promulgate and adopt rules and regulations necessary for the administration and implementation of this chapter. (b) Preexisting regulations.--Except to the ...
• § 2383.  Enforcement and penalties.
  (a) Criminal penalties.--Unless otherwise specified, any person who violates any of the provisions of this chapter or any rule, regulation or order made under this ...
• § 2384.  Disposition of fees, fines and civil penalties.
  All moneys derived from fees, fines and civil penalties collected or imposed under this chapter shall be paid into the State Treasury and shall be ...
• § 2385.  Interference with officer or employee of department.
  A person who willfully or intentionally interferes with an employee or officer of the department in the performance of duties or activities authorized under this ...
• § 2386.  Civil remedy.
  In addition to any other remedies provided for in this chapter, the Attorney General, at the request of the department, may initiate in the Commonwealth ...
• § 2387.  Inapplicability of penal cruelty to animals statutes.
  No action taken by the department or decision not to act made by the department or condition or action required of another by the written ...
• § 2388.  Exemption for governmental entities.
  All agencies or commissions of the Federal Government and the Commonwealth shall be exempt from the licensure requirements of Subchapters D (relating to dealers, agents ...
• § 2389.  Preemption of local laws and regulations.
  This chapter and its provisions are of Statewide concern and shall have eminence over any ordinances, resolutions and regulations of political subdivisions which pertain to ...

Chapter 25. Animal Exhibition Sanitation

• § 2501.  Definitions.
  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 ...
• § 2502.  Sanitation standards.
  (a) Minimum.--The following sanitation standards are required to minimize the risk of contracting a zoonotic disease at an animal exhibition: (1) An operator shall promote ...
• § 2503.  Administration.
  The department shall do all of the following: (1) Access the Department of Health's aggregate data reports and other information relating to the occurrence of ...
• § 2504.  Penalty.
  (a) Imposition.--The department may assess an administrative penalty of up to $500 for each violation of this chapter or a regulation promulgated under this chapter. ...

Chapter 27. Taxidermists

• § 2701.  Definitions.
  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 ...
• § 2702.  Registration.
  Any person who holds himself out to the public as a taxidermist or mounts any specimen shall register with the department on a form prescribed ...
• § 2703.  Unlawful acts.
  A person commits a summary offense of the second degree and shall be subject to the penalty imposed under 34 Pa.C.S. § 925(b)(5) (relating to ...
• § 2704.  Preemption.
  Nothing in this chapter shall preempt the requirements of any other Federal or State law. ...
• § 2705.  Duties.
  The department shall: (1) Upon request, provide the Department of Revenue and the Department of Labor and Industry with information about registered taxidermists. (2) Charge ...
• § 2706.  Recordkeeping.
  A person registered under this chapter shall maintain an accurate record of all specimens that they mount. The record shall include the type of specimen ...
• § 2707.  Reporting.
  A person registered under this chapter shall report an unmarked Convention on International Trade in Endangered Species or threatened or endangered special specimen to the ...

PART V. SOIL AND CONSERVATION (Reserved)
PART VI. DEVELOPMENT, MARKETING AND
PROMOTION
Chapter 41. Weights and Measures
Subchapter A. General Provisions

• § 4101.  Short title of chapter.
  This chapter shall be known and may be cited as the Consolidated Weights and Measures Act. ...
• § 4102.  Definitions.
  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 ...

Subchapter B. Weights and Measures Generally

• § 4105.  Systems of weights and measures.
  The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and ...
• § 4106.  State standards of weight and measure.
  Such weights and measures in conformity with the standards of the United States as have been supplied to the Commonwealth by the Federal Government or ...
• § 4107.  Office and working standards and equipment.
  In addition to the State standards provided for in section 4106 (relating to State standards of weight and measure), there shall be supplied by the ...
• § 4108.  Director and inspectors of weights and measures.
  There shall be a director of weights and measures and inspectors of weights and measures and necessary technical and clerical personnel who shall be appointed ...
• § 4109.  General powers and duties of department.
  The State Metrology Laboratory shall have the custody of the State standards of weight and measure and of the other standards and equipment provided for ...
• § 4110.  Specific powers and duties of department; regulations.
  (a) Regulations.--The department shall issue from time to time regulations for the enforcement and administration of this subchapter, which regulations, upon being promulgated pursuant to ...
• § 4111.  Testing and inspections of standards.
  The State Metrology Laboratory at least once every five years shall test the standards of weight and measure procured by any city or county for ...
• § 4112.  General testing and inspections.
  (a) Schedule.--When not otherwise provided by law, the department shall have the powers to inspect and test to ascertain if they are correct all weights ...
• § 4113.  Registration of sellers, installers and repairers of weighing and measuring devices.
  § 4113. Registration of sellers, installers and repairers of weighing and measuring devices. The department shall have the authority to establish, by regulation, a program ...
• § 4114.  Registration and report of inspection and testing of weighing and measuring devices used for commercial purposes.
  § 4114. Registration and report of inspection and testing of weighing and measuring devices used for commercial purposes. The department shall establish, by regulation, a ...
• § 4115.  Training program.
  The department shall establish by regulation minimum training which shall be required to be met by all inspectors and county and city sealers. The department ...
• § 4116.  Investigations.
  The department shall investigate complaints made to it concerning violations of the provisions of this subchapter and shall, upon its own initiative, conduct such investigations ...
• § 4117.  Inspection of packages.
  The department shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered or exposed for sale, sold or ...
• § 4118.  Stop-use, stop-removal and removal orders.
  (a) Orders.--The department shall have the power to issue stop-use orders, stop-removal orders and removal orders with respect to weights and measures being commercially used ...
• § 4119.  Disposition of correct and incorrect apparatus.
  (a) Approval and disapproval.--The department shall approve for use and seal or mark with appropriate devices such weights and measures as it finds upon inspection ...
• § 4120.  Police powers; right of entry and stoppage.
  (a) Seizure without warrant.--With respect to the enforcement of this chapter and any other acts dealing with weights and measures, the department may seize for ...
• § 4121.  Powers and duties of director and inspector.
  (a) Powers and duties.--The powers and duties given to and imposed upon the department by sections 4111 (relating to testing and inspections of standards), 4112 ...
• § 4122.  City and county sealers and deputy sealers of weights and measures; appointment, powers and duties.
  § 4122. City and county sealers and deputy sealers of weights and measures; appointment, powers and duties. (a) Appointment.--The mayors of cities of the second ...
• § 4123.  City and county standards and equipment.
  (a) Procurement of standards.--The mayor of each city and the board of county commissioners of each county to which a delegation of powers and duties ...
• § 4124.  Concurrent jurisdiction.
  In cities and counties to which a delegation of powers and duties has been effected pursuant to section 4121 (relating to powers and duties of ...
• § 4125.  Division of responsibilities.
  (a) Agreements; local inspection.--The department shall enter into memorandums of understanding with counties and with cities to which a delegation of powers and duties has ...
• § 4126.  Duty of owners of incorrect apparatus.
  (a) Rejected apparatus.--Weights and measures that have been rejected under the authority of the department or of a sealer shall remain subject to the control ...
• § 4127.  Method of sale of commodities.
  (a) Liquid commodities.--General commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this subchapter, ...
• § 4128.  Packages; declarations of quantity and origin; variations; exemptions.
  § 4128. Packages; declarations of quantity and origin; variations; exemptions. (a) Declarations.--Except as otherwise provided in this subchapter, any commodity in package form introduced or ...
• § 4129.  Declarations of unit price on random packages.
  In addition to the declarations required by section 4128 (relating to packages; declarations of quantity and origin; variations; exemptions), any commodity in package form, the ...
• § 4130.  Misleading packages.
  (a) Packaging.--No commodity in package form shall be so wrapped nor shall it be in a container so made, formed or filled as to mislead ...
• § 4131.  Advertising packages for sale.
  (a) Quantity of contents.--Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the ...
• § 4132.  Sale by net weight.
  The word "weight" as used in this subchapter in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis ...
• § 4133.  Misrepresentation of price.
  (a) Pricing.--Whenever any commodity or service is sold or is offered, exposed or advertised for sale by weight, measure or count, the price shall not ...
• § 4134.  Meat, poultry and seafood.
  Except for immediate consumption on the premises where sold or as one of several elements comprising a ready-to-eat meal sold as a unit for consumption ...
• § 4135.  Butter, oleomargarine and margarine.
  Butter, oleomargarine and margarine shall be offered and exposed for sale and sold by weight and only in units of one- quarter pound, one-half pound ...
• § 4136.  Fluid dairy products.
  (a) Quantities.--All fluid dairy products, including, but not limited to, whole milk, skimmed milk, cultured milk, sweet cream, sour cream and buttermilk, shall be packaged ...
• § 4137.  Flour, cornmeal and hominy grits.
  (a) Increments of weight.--When in package form and when packed, kept, offered or exposed for sale or sold, wheat flour, whole wheat flour, graham flour, ...
• § 4138.  Potatoes.
  (a) Increments of weight.--All potatoes packed for sale, offered or exposed for sale in this Commonwealth shall be packaged in containers of net avoirdupois weights ...
• § 4139.  Construction of contracts.
  Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in ...
• § 4140.  Hindering or obstructing officer; penalties.
  Any person who shall hinder or obstruct in any way the department, the director or any one of the inspectors or a sealer or deputy ...
• § 4141.  Impersonation of officer; penalties.
  Any person who shall impersonate in any way the department, the director or any one of the inspectors or a sealer or deputy sealer by ...
• § 4142.  Prohibited acts.
  (a) General rule.--It shall be unlawful: (1) To use or have in possession for the purpose of using for any commercial purpose specified in section ...
• § 4143.  Presumptive evidence.
  For the purposes of this subchapter, proof of the existence of a weight or measure or a weighing or measuring device in or about any ...

Subchapter C. Public Weighmasters

• § 4150.  Enforcement and regulations.
  (a) General rule.--The director is authorized and directed to enforce the provisions of this subchapter and to adopt, with the approval of the department, such ...
• § 4151.  Licenses.
  (a) Requirement.--Except as otherwise provided in this subchapter, no person shall make or issue a weighmaster's certificate unless licensed by the department. Application for a ...
• § 4152.  Weighmasters' certificates.
  The original weighmaster's certificate shall be typewritten or made out in ink or indelible pencil, and the original and each copy of the certificate shall ...
• § 4153.  Preparation of weighmaster's certificate.
  A licensed public weighmaster shall not enter on a weighmaster's certificate issued by the weighmaster any weight values which the weighmaster has not personally determined, ...
• § 4154.  Use of approved weighing device required.
  When making a weight determination as provided for by this subchapter, a licensed public weighmaster shall use a weighing device approved by the bureau in ...
• § 4155.  Scale requirement.
  A licensed public weighmaster shall not use a scale to weigh a load which exceeds the normal or rated capacity of the scale, nor shall ...
• § 4156.  Disposition of copies of certificates.
  The original copy of a weighmaster's certificate shall be delivered to the purchaser of the commodity specified in the certificate at the time of delivery. ...
• § 4157.  License required; definition.
  (a) License required.--No person shall assume the title "licensed public weighmaster" or any title of similar import, perform the duties or acts to be performed ...
• § 4158.  Suspension or revocation of licenses.
  (a) Authorization.--The department is authorized to suspend or revoke the license of any licensed public weighmaster: (1) when it is satisfied, after a hearing, upon ...
• § 4159.  Prohibited acts.
  (a) General rule.--It shall be unlawful: (1) For a weighmaster to issue a false or incorrect weighmaster's certificate. (2) For a person to solicit a ...
• § 4160.  Sales by weight.
  Any commodity shall be duly weighed by a licensed weighmaster of this Commonwealth on accurate scales which are suitable for weighing the tare and gross ...
• § 4161.  Separation required.
  When more than one type of solid fuel or other commodity is sold or delivered to a consumer, the vehicle making the delivery shall have ...
• § 4162.  Substitution of another purchaser in weighmaster's certificate.
  § 4162. Substitution of another purchaser in weighmaster's certificate. If a person is, for practical reasons, unable to deliver a commodity to the purchaser originally ...
• § 4163.  Authorization to inspect and direct to nearest scales.
  Any State, county or city inspector of weights and measures who finds any commodity ready for or in process of delivery may inspect the commodity ...
• § 4164.  Weighmaster's certificate required.
  (a) General rule.--No person shall sell, transport over a public highway, deliver or cause to be delivered or start out to deliver any solid fuel ...
• § 4165.  Small lots.
  When solid fuel is sold in lots not exceeding 100 pounds, the provisions of section 4164(a) (relating to weighmaster's certificate required) shall not apply if ...
• § 4166.  Exception for boatloads or railroad carloads.
  Section 4164(a) (relating to weighmaster's certificate required) shall not apply to the sale of a boatload or railroad carload of solid fuel delivered directly from ...
• § 4167.  Rules and regulations.
  The department shall have the power to adopt and promulgate rules and regulations necessary to carry out the provisions of this subchapter. All previous rules ...
• § 4168.  Sales by employer-producer to employees.
  In any case where under the provisions of a contract it is provided that solid fuel be sold at cost by an employer-producer to his ...
• § 4169.  Existing licenses.
  A person who holds a valid license issued under the act of July 19, 1935 (P.L.1356, No.427), referred to as the Solid Fuel Weight Regulation ...

Subchapter D. Device Type Approval

• § 4170.  Approval of types of weights and measures and weighing and measuring devices.
  SUBCHAPTER D DEVICE TYPE APPROVAL Sec. 4170. Approval of types of weights and measures and weighing and measuring devices. 4171. Submission of types for approval. ...
• § 4171.  Submission of types for approval.
  The submission of a type may be by sample or by specifications if, in the best judgment of the bureau, such specifications are adequate or ...
• § 4172.  Certificates of approval; notice of disapproval; appeals.
  When a type of weight or measure or weighing or measuring device is approved, the bureau shall issue a certificate of approval to the person ...
• § 4173.  Manufacture, sale or use of unapproved weights, measures and devices.
  § 4173. Manufacture, sale or use of unapproved weights, measures and devices. It shall be unlawful for any person to manufacture, offer or expose for ...
• § 4174.  Marking of approved weights and measures.
  It shall be unlawful to manufacture, offer or expose for sale or sell or give away for use in trade or commerce or to use ...
• § 4175.  Marking of weights and measures "not legal for trade.".
  § 4175. Marking of weights and measures "not legal for trade." It shall be conclusively presumed that a weight or measure or weighing or measuring ...
• § 4176.  Rules and regulations.
  Rules and regulations for the carrying out and enforcement of the provisions of this subchapter, not inconsistent with the provisions thereof, shall be adopted by ...
• § 4177.  Sealing of approved weights and measures.
  Inspectors of weights and measures of this Commonwealth and sealers of the several counties and cities of this Commonwealth may seal, for use in trade ...
• § 4178.  Fees.
  The Department of General Services shall charge and collect fees for actual metrology laboratory calibration, type evaluation and any other testing services which may be ...
• § 4179.  Enforcement.
  It shall be the duty of the bureau and the sealers of weights and measures of the several counties and cities who shall find satisfactory ...

Subchapter E. Domestic Fuel Oil

• § 4180.  Meter required.
  (a) Metered vehicle.--No person shall deliver light fuel oils to any domestic consumer unless the vehicle by which such light fuel oils are delivered is ...
• § 4181.  Small deliveries.
  Fuel oil deliveries of 50 gallons or less may be delivered without being metered, provided that the delivery be made in standard measures of not ...
• § 4182.  Exceptions.
  The provisions of this subchapter shall not apply to deliveries of heavy fuel oils nor to deliveries of light fuel oils to industrial plants, nor ...
• § 4183.  Enforcement of chapter, rules and regulations.
  (a) Duties.--It shall be the duty of the department and the sealers of weights and measures of the several counties and cities to enforce the ...

Subchapter F. Miscellaneous Provisions

• § 4190.  Rules and regulations.
  The department shall have the power to adopt and promulgate rules and regulations necessary to carry out the provisions of this chapter. All previous rules ...
• § 4191.  Offenses and penalties.
  (a) Criminal penalties.--A person who violates any provision of this chapter or any rule, regulation, standard or order made under this chapter commits a summary ...
• § 4192.  Temporary or permanent injunctions.
  In addition to any other remedies provided in this chapter, the department may apply to the Commonwealth Court or to any other court having jurisdiction ...
• § 4193.  Disposition of funds.
  (a) Deposit in State Treasury.--When the proceeding is instituted by the department, moneys received from fines and civil penalties shall be paid into the State ...
• § 4194.  Validity of prosecutions.
  Prosecutions for violation of any provision of this chapter are declared to be valid and proper notwithstanding the existence of any other valid general or ...

Chapter 42. Aquacultural Development
Subchapter A. General Provisions

• § 4201.  Short title of chapter.
  This chapter shall be known and may be cited as the Aquacultural Development Law. ...
• § 4202.  Purpose.
  The purposes of this chapter are as follows: (1) To encourage aquacultural operators to make a long- term commitment to aquaculture by offering them the ...
• § 4203.  Definitions.
  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 ...
• § 4204.  Applicability.
  This chapter does not apply to a pet store making a purely retail sale or offer for sale of species of fish legally approved for ...

Subchapter B. Aquacultural Development

• § 4211.  Designation of aquaculture as agriculture.
  Aquaculture is hereby designated as a normal farming operation within this Commonwealth for all purposes. This designation shall be recognized by all agencies of State ...
• § 4212.  Wetlands.
  Aquacultural facilities licensed pursuant to this chapter are not wetlands under 25 Pa. Code Ch. 105 Subch. A (relating to general provisions) so long as ...
• § 4213.  Requirements for discharge of water.
  (a) General permit.--Except as provided in subsection (b), aquacultural facilities, including those existing facilities which discharge into high quality or exceptional value waters, licensed under ...
• § 4214.  Aquacultural marketing programs.
  The department may develop voluntary aquacultural marketing programs. The department may request nominal payment by participants to cover costs of these programs. ...
• § 4215.  Aquacultural plan.
  (a) Development of plan.--The department shall develop a plan to promote and develop aquacultural industry in this Commonwealth. Economic development and exportation of products from ...
• § 4216.  Aquaculture Advisory Committee.
  (a) Establishment and composition.--The Aquaculture Advisory Committee is hereby established as a departmental advisory board within the department. The advisory committee shall consist of 21 ...
• § 4217.  Biennial survey of aquaculture.
  The department shall cooperate with the Pennsylvania Agricultural Statistics Service to compile biennially a survey of this Commonwealth's aquacultural industry. Persons licensed under sections 4220 ...
• § 4218.  Aquaculture Development Account.
  (a) Establishment of account.--There is hereby established a separate account in the State Treasury to be known as the Aquaculture Development Account. Moneys in this ...
• § 4219.  Permissible propagation.
  (a) Species.--The commission shall determine which species of fish are allowed to be propagated in each watershed. On or before January 31 of each year, ...
• § 4220.  Registration for artificial propagation.
  (a) Application.--Application to register for artificial propagation shall be made on forms, prepared by the department, which relate to the size, character and purpose of ...
• § 4221.  Activities under registration for artificial propagation.
  § 4221. Activities under registration for artificial propagation. (a) Sale of certain species.-- (1) Only species of fish approved for propagation and stocking under section ...
• § 4222.  Registration for dealers of live aquatic animals.
  (a) Registration for dealing.--A resident or nonresident who does not propagate live aquatic animal species but deals in those species shall register with the department. ...
• § 4223.  Prohibited propagation and penalties.
  (a) Prohibited propagation.--Except for hobby breeders, artificial propagation of any species of fish is limited to those who have registered under section 4220 (relating to ...

Chapter 45. Agricultural Commodities Marketing

• § 4501.  Short title of chapter.
  This chapter shall be known and may be cited as the Agricultural Commodities Marketing Act. ...
• § 4502.  Definitions.
  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 ...
• § 4503.  Powers and duties of secretary.
  (a) Administration and enforcement of chapter.--Subject to the provisions contained in this chapter, the secretary shall administer and enforce the provisions of this chapter and ...
• § 4504.  Commodity marketing board.
  (a) Establishment of commodity marketing board.-- (1) Each marketing program issued pursuant to this chapter shall provide for the establishment of a commodity marketing board, ...
• § 4505.  Provisions of marketing programs.
  Subject to the legislative restrictions and limitations set forth in this chapter, any marketing program issued by the secretary pursuant to this chapter may contain ...
• § 4506.  Effecting marketing programs.
  (a) Referendum required.--No marketing program or amendment thereto shall become effective unless and until the secretary determines by a referendum whether or not the affected ...
• § 4507.  Terminating marketing programs.
  Subject to approval of the appropriate commodity marketing board, the secretary shall suspend or terminate any marketing program or any provisions of any marketing program ...
• § 4508.  Marketing program review and amendments.
  (a) Review.--Every five years the secretary shall call a referendum of affected producers within each agricultural commodity group for which a marketing program exists to ...
• § 4509.  Notice of issuance.
  Upon the issuance of any marketing program or any suspension, amendment or termination thereof, a notice shall be published in a newspaper of general circulation ...
• § 4510.  Collection of fees.
  (a) General rule.--Any marketing program issued pursuant to this chapter shall provide for the collection of fees to defray the necessary expenses incurred in the ...
• § 4511.  Rules and regulations for enforcement.
  The secretary shall, with the advice of the commodity marketing board, make and promulgate rules and regulations as may be necessary to effectuate this chapter ...
• § 4512.  Advance deposits.
  Prior to the issuance of any marketing program, the secretary may require the applicant therefor to deposit an amount as the secretary may deem necessary ...
• § 4513.  Severability.
  The provisions of this chapter are severable. If any provision of this chapter or its application to any person or circumstance is held invalid, the ...

Chapter 47. Crop Insurance

• § 4701.  Short title of chapter.
  This chapter shall be known and may be cited as the Crop Insurance Act. ...
• § 4702.  Purpose of chapter.
  The purpose of this chapter is to establish a program within the department to encourage producers of agricultural commodities to purchase Federal crop insurance and ...
• § 4703.  Definitions.
  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 ...
• § 4704.  Establishment of program.
  The department shall establish a program to educate producers on the benefits of Federal crop insurance and risk management practices. The program shall promote the ...
• § 4705.  Powers and duties of department.
  (a) Administration of chapter.--Subject to the conditions contained in this chapter, the department shall administer this chapter and shall exercise all administrative powers necessary to ...
• § 4706.  Crop insurance financial assistance.
  The department may provide crop insurance financial assistance to eligible producers for Federal crop insurance in an amount up to 10% of the cost of ...
• § 4707.  Funding.
  The department is authorized to use funds specifically appropriated by the General Assembly for the purposes of this chapter and any funds, contributions or payments ...
• § 4708.  Report.
  The department shall submit annually to the chairman and minority chairman of the Agriculture and Rural Affairs Committee of the Senate and the chairman and ...

PART VII. QUALITY AND LABELING
Chapter 51. Commercial Feed

• § 5101.  Short title of chapter.
  This chapter shall be known and may be cited as the Commercial Feed Act. ...
• § 5102.  Definitions.
  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 ...
• § 5103.  Licensing.
  (a) General rule.--Every person engaged in the manufacture of commercial feed or customer-formula feed to be distributed in this Commonwealth and each guarantor of the ...
• § 5104.  Labeling.
  (a) Commercial feed labeling.--Any commercial feed distributed in this Commonwealth shall be accompanied by a legible label bearing the following information: (1) The net weight. ...
• § 5105.  Inspection fees.
  (a) Imposition.--There shall be paid to the department for all commercial feeds distributed in this Commonwealth an inspection fee at the rate of 10¢ per ...
• § 5106.  Adulteration.
  No person shall distribute adulterated feed. A commercial feed, customer-formula feed or exempted material shall be deemed to be adulterated if it meets any of ...
• § 5107.  Misbranding.
  No person shall distribute misbranded feed. A commercial feed or customer-formula feed shall be deemed to be misbranded if it meets any of the following ...
• § 5108.  Inspection, sampling and analysis.
  (a) Inspection.--For purposes of enforcement of this chapter, the department may inspect during business hours any facility, warehouse or establishment in which commercial feeds are ...
• § 5109.  Rules and regulations.
  The department is charged with the enforcement of this chapter and after due publicity and due public hearing may promulgate and adopt such reasonable rules ...
• § 5110.  Detained commercial feeds.
  (a) "Withdrawal from distribution" orders.--When the department has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of ...
• § 5111.  Criminal penalties.
  (a) Conviction.--Any person who violates any of the provisions of this chapter or the rules and regulations issued thereunder or who impedes, obstructs, hinders or ...
• § 5112.  Civil penalties.
  In addition to any other remedy available at law or in equity for a violation of this chapter, the department may assess a civil penalty ...
• § 5113.  Civil remedy.
  In addition to any other remedies provided for in this chapter, the Attorney General, at the request of the secretary, may initiate in the Commonwealth ...
• § 5114.  Publications.
  The department shall publish at least annually, in such form as it deems proper, information concerning the sales of commercial feeds, together with such data ...
• § 5115.  Disposition of funds.
  Moneys received from license fees, inspection fees, fines and civil penalties shall be paid into the State Treasury and shall be credited to the general ...

Chapter 57. Food Protection (Reserved)
Chapter 59. Organic Foods

• § 5901.  Short title of chapter.
  This chapter shall be known and may be cited as the Organic Food Products Standards Act. ...
• § 5902.  Declaration of policy.
  The General Assembly finds and declares as follows: (1) A public benefit will be achieved by establishing standards for agricultural products marketed, labeled and advertised ...
• § 5903.  Definitions.
  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 ...
• § 5904.  Organic certification.
  (a) General rule.--The department shall designate one or more organic certification agents or agencies to certify organically produced agricultural products in accordance with this chapter. ...
• § 5905.  Crop production practices and materials.
  (a) Seeds and seedlings.--To be certified under this chapter, producers shall not apply materials to or engage in practices on seeds or seedlings that are ...
• § 5906.  Animal production practices and materials.
  (a) Livestock in general.--Any livestock that is to be slaughtered and sold or labeled as organically produced shall be raised in accordance with this chapter. ...
• § 5907.  Producer statement.
  A producer shall not sell to a distributor any agricultural product which the producer represents as an organically produced agricultural product unless the producer received ...
• § 5908.  Rules and regulations.
  (a) Adoption.--The department shall adopt rules and regulations in conformity with the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, ...
• § 5909.  Violations.
  The department shall issue orders to producers or distributors found violating any provision of this chapter or rules or regulations adopted under this chapter to ...

Chapter 61. Maple Products

• § 6101.  Short title of chapter.
  This chapter shall be known and may be cited as the Maple Products Act. ...
• § 6102.  Declaration of policy.
  The maple industry constitutes an important part of the economy of this Commonwealth. Therefore, the purpose of this chapter is to preserve and foster growth ...
• § 6103.  Definitions.
  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 ...
• § 6104.  License.
  (a) General rule.--A person may not purchase, produce or otherwise acquire 1,000 gallons of maple syrup or more annually for the purposes of packaging for ...
• § 6105.  Registration.
  Subject to regulations promulgated by the department, a licensee may label a maple product as having been registered by the department. "Reg. Penna. Dept. Agr." ...
• § 6106.  Enforcement.
  (a) General rule.--A maple product shall be subject to the act of July 7, 1994 (P.L.421, No.70), known as the Food Act, and the regulations ...
• § 6107.  Requirements and grades.
  (a) General rule.-- (1) A food product shall not be described as "maple" or "maple flavored" unless it contains maple syrup as the sole source ...
• § 6108.  Prohibited acts.
  The following acts are prohibited: (1) Manufacture, sale, delivery, consignment, bailment, holding or offering for sale of any maple product that is adulterated or misbranded, ...
• § 6109.  Labeling of maple products.
  Any syrup, confection or product containing maple syrup and artificial ingredients shall have all artificial ingredients clearly identified on the label. Any syrup, confection or ...
• § 6110.  Detained food.
  If the department has probable cause to believe that a maple product is adulterated or misbranded, the maple product shall be detained and subsequently disposed ...
• § 6111.  Manufacturing and marketing practices.
  (a) Water supply.--The water supply used in the processing of maple products shall be potable, sufficient for the operations intended and derived from an adequate ...
• § 6112.  Penalties.
  (a) Criminal penalties.--A person who violates any provision of this chapter or any rule, regulation, standard or order made under this chapter commits a summary ...

Chapter 65. Food Employee Certification

• § 6501.  Short title of chapter.
  This chapter shall be known and may be cited as the Food Employee Certification Act. ...
• § 6502.  Definitions.
  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 ...
• § 6503.  Certification advisory board and programs.
  (a) Members of board.--The secretary shall appoint persons to serve as members of the Food Employee Certification Advisory Board. Representatives shall be selected to represent ...
• § 6504.  Certification of employees.
  (a) General rule.--Food establishments shall maintain certification records on respective supervisory employees. Each food establishment shall employ a person having supervisory authority who holds a ...
• § 6505.  Rules and regulations.
  The department is charged with the administration of this chapter and shall promulgate rules, regulations and standards for its proper enforcement and administration. ...
• § 6506.  Reciprocal agreements.
  The department may accept certifications issued in other states that have comparable requirements for certification provided the department and the other state jurisdiction have entered ...
• § 6507.  Suspension of certification.
  Certification may be suspended or revoked by the department if the holder or person fails to comply with this or other sanitation regulations or the ...
• § 6508.  Civil penalties.
  In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this chapter or a ...
• § 6509.  Fees.
  (a) Change by regulation.--All fees imposed by this chapter shall remain in effect until changed by the department by regulation subject to the act of ...
• § 6510.  Exemptions.
  (a) Prepackaged food.--Food establishments where only commercially prepackaged food is handled and sold are exempt from this chapter. (b) Nonpotentially hazardous food.--Food establishments that handle ...

Chapter 67. Fertilizer

• § 6701.  Short title of chapter.
  This chapter shall be known and may be cited as the Fertilizer Act. ...
• § 6702.  Definitions.
  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 ...
• § 6703.  Licensing.
  (a) General rule.--Every person engaged in the manufacture of fertilizer to be distributed in this Commonwealth and every guarantor of fertilizer shall, on or before ...
• § 6704.  Registration of specialty fertilizers.
  (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 ...
• § 6705.  Labels and labeling.
  (a) General rule.--Any fertilizer distributed in a container in this Commonwealth shall have placed on or affixed to the container a label setting forth in ...
• § 6706.  Inspection fees.
  (a) Amounts.-- (1) The guarantor whose name appears on the label of a fertilizer distributed in this Commonwealth shall pay semiannually and not later than ...
• § 6707.  Tonnage reports.
  (a) General rule.--The guarantor whose name appears on the label shall submit, along with the requisite inspection fee, a report in a manner prescribed by ...
• § 6708.  Inspection, sampling and analysis.
  (a) General rule.--The department shall inspect, sample, make analyses of and test fertilizers distributed within this Commonwealth and shall inspect the storage of bulk fertilizer ...
• § 6709.  Plant food deficiency.
  (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 ...
• § 6710.  Commercial value.
  For the purpose of determining the commercial value to be applied under section 6709 (relating to plant food deficiency), the department shall determine and publish ...
• § 6711.  Misbranding.
  No person shall distribute a misbranded fertilizer. A fertilizer shall be deemed to be misbranded if: (1) its labeling is false or misleading in any ...
• § 6712.  Adulteration.
  (a) General rule.--No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if: (1) it contains any deleterious or ...
• § 6713.  Publications.
  The department shall publish at least annually and in such form as it deems proper such information concerning the distribution of fertilizers and results of ...
• § 6714.  Short weight.
  If any fertilizer in the possession of a consumer is found by the department to be short in weight, the guarantor of that fertilizer shall, ...
• § 6715.  Refusal, suspension or revocation of registration or license.
  § 6715. Refusal, suspension or revocation of registration or license. The department may refuse, suspend or revoke the registration of any fertilizer or refuse, suspend ...
• § 6716.  Stop-sale orders.
  (a) General rule.--The department may issue and enforce a written or printed stop-sale, use or removal order to the owner or custodian of any lot ...
• § 6717.  Seizure and condemnation.
  A lot of fertilizer not in compliance with the provisions of this chapter shall be subject to seizure and condemnation by the department, provided that ...
• § 6718.  Appeal process.
  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 ...
• § 6719.  Cooperation with other entities.
  The department may cooperate with and enter into agreement with governmental agencies of the Federal Government, agencies of this Commonwealth and any other state in ...
• § 6720.  Rules and regulations.
  The department shall promulgate and enforce rules and regulations necessary for administration and implementation of this chapter. ...
• § 6721.  Unlawful conduct.
  It shall be unlawful for any person to fail to comply with or to cause or assist in the violation of any order or any ...
• § 6722.  Interference with officer or employee of department.
  A person who willfully or intentionally interferes with an employee or officer of the department in the performance of that employee's or officer's duties or ...
• § 6723.  Enforcement and penalties.
  (a) Criminal penalties.--Unless otherwise specified, any person who violates any of the provisions of this chapter or a rule or regulation adopted thereunder or any ...
• § 6724.  Exchanges between manufacturers.
  Nothing in this chapter shall be construed as restricting or avoiding sales or exchanges of fertilizers to each other by importers, manufacturers or manipulators who ...
• § 6725.  Disposition of funds.
  Moneys received from license fees, registration fees, inspection fees, fines and penalties shall be paid into a special restricted account in the General Fund to ...

Chapter 69. Soil and Plant Amendment

• § 6901.  Short title of chapter.
  This chapter shall be known and may be cited as the Soil and Plant Amendment Act. ...
• § 6902.  Definitions.
  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 ...
• § 6903.  Licensing.
  (a) General rule.--Every person engaged in the manufacture of a soil amendment, plant amendment, soil-amending ingredient or plant-amending ingredient to be distributed in this Commonwealth ...
• § 6904.  Registration.
  (a) Application.--Each brand and separately identified soil amendment and plant amendment product shall be registered by the guarantor with the department before being offered for ...
• § 6905.  Labels and labeling.
  (a) General rule.--Any soil amendment or plant amendment distributed in a container in this Commonwealth shall have placed on or affixed to the container a ...
• § 6906.  Inspection fees.
  (a) Amounts.-- (1) The guarantor whose name appears on the label of a soil amendment or plant amendment distributed in this Commonwealth shall pay semiannually ...
• § 6907.  Tonnage reports.
  (a) General rule.--The guarantor whose name appears on the label shall submit, along with an inspection fee, a report in a manner prescribed by the ...
• § 6908.  Inspection, sampling and analysis.
  (a) General rule.--The department shall sample, inspect, make analysis of and test soil amendments and plant amendments distributed within this Commonwealth and shall inspect the ...
• § 6909.  Misbranding.
  No person shall distribute a misbranded soil amendment or plant amendment. A soil amendment or plant amendment shall be deemed to be misbranded if: (1) ...
• § 6910.  Adulteration.
  (a) General rule.--No person shall distribute an adulterated soil amendment or plant amendment product. A soil amendment or plant amendment shall be deemed to be ...
• § 6911.  Short weight.
  If any soil amendment or plant amendment in the possession of a consumer is found by the department to be short in weight, the guarantor ...
• § 6912.  Refusal, suspension or revocation of registration or license.
  § 6912. Refusal, suspension or revocation of registration or license. The department may refuse, suspend or revoke the registration of any soil amendment or plant ...
• § 6913.  Stop-sale orders.
  (a) General rule.--The department may issue and enforce a written or printed stop-sale, use or removal order to the owner or custodian of any lot ...
• § 6914.  Seizure and condemnation.
  A lot of soil amendment or plant amendment not in compliance with the provisions of this chapter shall be subject to seizure and condemnation by ...
• § 6915.  Appeal process.
  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 ...
• § 6916.  Cooperation with other entities.
  The department may cooperate with and enter into an agreement with governmental agencies of the Federal Government, agencies of this Commonwealth and any other state ...
• § 6917.  Rules and regulations.
  The department shall promulgate and enforce rules and regulations necessary for administration and implementation of this chapter. ...
• § 6918.  Unlawful conduct.
  It shall be unlawful for any person to fail to comply with or to cause or assist in the violation of any order or any ...
• § 6919.  Interference with officer or employee of department.
  A person who willfully or intentionally interferes with an employee or officer of the department in the performance of that employee's or officer's duties or ...
• § 6920.  Enforcement and penalties.
  (a) Criminal penalties.--Unless otherwise specified, any person who violates any of the provisions of this chapter or a rule or regulation adopted thereunder or any ...
• § 6921.  Disposition of funds.
  Moneys received from license fees, registration fees, inspection fees, fines and penalties shall be paid into the Agronomic Regulatory Account established in section 6725 (relating ...

Chapter 71. Seed

• § 7101.  Short title of chapter.
  This chapter shall be known and may be cited as the Seed Act. ...
• § 7102.  Definitions.
  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 ...
• § 7103.  Licensing.
  (a) General rule.--Every person functioning as a distributor of seed in this Commonwealth shall, on or before January 1 of each year or prior to ...
• § 7104.  Labels and labeling.
  (a) General rule.--It shall be unlawful to sell, offer for sale, expose for sale or transport any seed subject to the provisions of this chapter ...
• § 7105.  Unlawful seed sales.
  It shall be unlawful for any person to sell, offer for sale or expose for sale in this Commonwealth any seed subject to the provisions ...
• § 7106.  Other unlawful acts.
  It shall be unlawful for any person selling, offering or exposing seed for sale within this Commonwealth to: (1) Detach, alter, deface or destroy any ...
• § 7107.  Nonseeding and conditioning seed.
  The provisions of section 7104 (relating to labels and labeling) shall not apply to potatoes or grain not intended for seeding purposes or to seed ...
• § 7108.  Certification and inspection of crops.
  Any grower of potatoes, agricultural, vegetable, tree and shrub seeds or plants vegetatively propagated and located in this Commonwealth may make application to the department ...
• § 7109.  Fees.
  (a) Inspections and tests.--The department shall have authority to fix, adjust, assess and collect, or cause to be collected, fees for the certification inspection service ...
• § 7110.  Prohibited use of the term "certified.".
  § 7110. Prohibited use of the term "certified." It shall be a violation of this chapter to use the term "certified," or any form or ...
• § 7111.  Powers and duties of secretary and department.
  (a) General rule.--The department is hereby authorized and empowered to enforce all the provisions of this chapter and shall have power to prescribe, modify and ...
• § 7112.  Refusal, suspension or revocation of license.
  The department may refuse, suspend or revoke the license of any person where the licensee has not complied with the provisions of this chapter or ...
• § 7113.  Stop-sale orders.
  (a) General rule.--The department may issue and enforce a written or printed stop-sale, use or removal order to the owner or custodian of any lot ...
• § 7114.  Seizure and condemnation.
  A lot of seed not in compliance with the provisions of this chapter shall be subject to seizure and condemnation by the department, provided that ...
• § 7115.  Appeal process.
  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 ...
• § 7116.  Cooperation with other entities.
  The department may cooperate with and enter into agreement with governmental agencies of this Commonwealth, agencies of the Federal Government and any other state in ...
• § 7117.  Rules and regulations.
  The department shall promulgate and enforce rules and regulations necessary for administration and implementation of this chapter. ...
• § 7118.  Unlawful conduct.
  It shall be unlawful to fail to comply with or to cause or assist in the violation of any order or any of the provisions ...
• § 7119.  Interference with officer or employee of department.
  A person who willfully or intentionally interferes with an employee or officer of the department in the performance of that employee's or officer's duties or ...
• § 7120.  Delegation of duties; exclusion of local laws and regulations.
  § 7120. Delegation of duties; exclusion of local laws and regulations. (a) Designation.--All authority vested in the secretary by virtue of the provisions of this ...
• § 7121.  Enforcement and penalties.
  (a) Criminal penalties.--Unless otherwise specified, any person who violates any of the provisions of this chapter or a rule or regulation adopted thereunder or any ...
• § 7122.  Disposition of funds.
  Moneys received from license fees, seed testing fees, certification fees, fines and penalties shall be paid into the Agronomic Regulatory Account established in section 6725 ...

PART VIII. MISCELLANEOUS PROVISIONS
Chapter 81. Miscellaneous Provisions

• § 8101.  Farmers' market.
  For the purpose of section 14(e) of the act of July 7, 1994 (P.L.421, No.70), known as the Food Act, any building, structure or place ...

Last modified: November 22, 2007