PRINTER'S NO. 536
No. 479 Session of 2007
INTRODUCED BY FRANKEL, CALTAGIRONE, COHEN, CURRY, FABRIZIO, FREEMAN, GEIST, GOODMAN, HARHAI, HENNESSEY, JAMES, KULA, MELIO, SCAVELLO, SCHRODER, SOLOBAY, STABACK AND YOUNGBLOOD, FEBRUARY 26, 2007
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 26, 2007
AN ACT 1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated 2 Statutes, providing for restricted use commercial fertilizers 3 and agricultural minerals, for duties of the Department of 4 Agriculture and for violations. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 6702 of Title 3 of the Pennsylvania 8 Consolidated Statutes is amended by adding a definition to read: 9 § 6702. Definitions. 10 The following words and phrases when used in this chapter 11 shall have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 * * * 14 "Restricted use commercial fertilizer or agricultural 15 mineral." A commercial fertilizer or agricultural mineral 16 classified for restricted use pursuant to section 6704.1 17 (relating to restricted use commercial fertilizer or
1 agricultural mineral). 2 * * * 3 Section 2. Title 3 is amended by adding a section to read: 4 § 6704.1. Restricted use commercial fertilizer or agricultural 5 mineral. 6 (a) General rule.--The department shall adopt regulations 7 governing the application and distribution of any commercial 8 fertilizer or agricultural mineral which it finds must 9 necessarily be applied as a commercial fertilizer or 10 agricultural mineral but which, unless carefully used, is likely 11 to be any of the following: 12 (1) Injurious to persons, pollinating insects, bees, 13 animals, crops or land. 14 (2) Detrimental to any of the following: 15 (i) Vegetation, except weeds. 16 (ii) Wildlife. 17 (iii) Public health and safety. 18 (b) Determination.--The department, in classifying 19 commercial fertilizers and agricultural minerals as restricted 20 use commercial fertilizers or agricultural minerals, shall 21 determine whether: 22 (1) The commercial fertilizer or agricultural mineral is 23 highly toxic to humans or other animals, including wildlife. 24 (2) The regulations governing the application and 25 distribution of the commercial fertilizer or agricultural 26 mineral are reasonably calculated to avoid injury and are 27 necessary for the proper use of the commercial fertilizer or 28 agricultural mineral. 29 (3) The benefit from the use of the commercial 30 fertilizer or agricultural mineral is of greater value to the 20070H0479B0536 - 2 -
1 public than the detriment to the environment or the public 2 health and safety from the use of the commercial fertilizer 3 or agricultural mineral. 4 (4) The commercial fertilizer or agricultural mineral 5 can be used for harmful purposes other than its registered 6 purposes. 7 (c) Regulations.--The department may adopt other regulations 8 as are necessary to carry out the provisions of this section, 9 including, but not limited to, regulations governing: 10 (1) The collection and examination of commercial 11 fertilizers and agricultural minerals. 12 (2) The types of containers and packages required to be 13 used for specific commercial fertilizers or agricultural 14 minerals, including, but not limited to, requirements 15 concerning the construction, strength and size of the 16 containers and packages to avoid the danger of spillage, 17 breakage or misuse. 18 (3) The safe handling, transportation, storage, display, 19 distribution and disposal of commercial fertilizers and 20 agricultural minerals and their containers. 21 (4) The information required to be recorded and 22 maintained concerning the sale, use and distribution of 23 restricted use commercial fertilizers and agricultural 24 minerals. 25 (d) Violation.--It is a violation of this section for any 26 person to sell or offer to sell at retail, or to distribute or 27 deliver for transportation for delivery to the consumer or user, 28 a restricted use commercial fertilizer or agricultural mineral 29 unless the person is registered with the department. 30 (e) Registration.--Each person applying for registration 20070H0479B0536 - 3 -
1 under this section must provide the department with a 2 registration statement that includes: 3 (1) The name and address of the person registering. 4 (2) The name and address of any person who, on behalf of 5 the person registering, sells, offers to sell, distributes or 6 delivers for transportation a restricted use commercial 7 fertilizer or agricultural mineral. 8 (f) Renewal of registration.--A registration under this 9 section expires on December 31 of each year and is renewable 10 annually. 11 (g) Fee.--Each person registering with the department under 12 this section must pay: 13 (1) An annual registration fee established by regulation 14 of the department. 15 (2) A penalty fee established by regulation of the 16 department if the person failed to renew his previous 17 registration on or before February 1 next following its 18 expiration, unless the registration is accompanied by a 19 signed statement that no person named on the registration 20 statement has sold or distributed any restricted use 21 commercial fertilizer or agricultural mineral during the 22 period the registration was not in effect. 23 (h) Records.--Each person registered pursuant to this 24 section shall maintain for at least two years a record of all 25 sales of restricted use commercial fertilizers or agricultural 26 minerals showing: 27 (1) The date of sale or delivery of the restricted use 28 commercial fertilizer or agricultural mineral. 29 (2) The name and address of the person to whom the 30 restricted use commercial fertilizer or agricultural mineral 20070H0479B0536 - 4 -
1 was sold or delivered. 2 (3) The brand name of the restricted use commercial 3 fertilizer or agricultural mineral sold or delivered. 4 (4) The amount of the restricted use commercial 5 fertilizer or agricultural mineral sold or delivered. 6 (5) Other information as may be required by the 7 department. 8 (i) Report.--Each person registered pursuant to this section 9 shall, on or before the date specified for each reporting period 10 established pursuant to subsection (j), file a report with the 11 department specifying the restricted use commercial fertilizers 12 or agricultural minerals that the person sold during the 13 reporting period. The department shall provide the form for the 14 report. The report must be filed regardless of whether the 15 person sold any commercial fertilizers or agricultural minerals 16 during the reporting period. 17 (j) Reporting periods and dates for filing.--The department 18 shall adopt regulations establishing reporting periods and dates 19 for filing reports pursuant to subsection (i). 20 (k) Refusal to grant or renew registration.--The department 21 may refuse to grant or renew a registration pursuant to this 22 section or may suspend or revoke the registration if, after 23 notice and a hearing, the department finds that: 24 (1) The person registered has, without reasonable cause, 25 failed to record information as required by this section or a 26 regulation adopted by the department. 27 (2) The person registered has made a false entry in a 28 required record. 29 (3) The applicant for registration has made a sale or 30 delivery of a restricted use commercial fertilizer or 20070H0479B0536 - 5 -
1 agricultural mineral without registering with the department.
2 Section 3. This act shall take effect in 60 days.
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