PRINTER'S NO. 2567
No. 1814 Session of 1990
INTRODUCED BY STAPLETON, LaVALLE, O'PAKE, MELLOW, AFFLERBACH,
BODACK, STOUT AND BELAN, OCTOBER 11, 1990
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, OCTOBER 11, 1990
AN ACT
1 Providing for protection of agriculture and horticulture,
2 including all field crops, vegetables, trees, shrubs, vines,
3 florist and nursery stock and all other plants and parts, or
4 their products, from plant pests; providing for powers and
5 duties of the Department of Agriculture; providing for and
6 funding special testing and certification procedures and
7 programs; prescribing penalties; and making a repeal.
8 TABLE OF CONTENTS
9 Section 1. Short title.
10 Section 2. Definitions.
11 Section 3. Enforcement.
12 Section 4. Inspection of land and buildings.
13 Section 5. Inspection of nurseries.
14 Section 6. Certificate of inspection.
15 Section 7. False declaration.
16 Section 8. Proceedings on finding pests.
17 Section 9. Application for inspection.
18 Section 10. Dealer's certificate.
19 Section 11. Nurseries and dealers outside Commonwealth.
20 Section 12. Agent's certificate.
1 Section 13. Denial or revocation of certificate.
2 Section 14. Tagging packages.
3 Section 15. Notice of receipt of uncertified stock.
4 Section 16. Importing plants and plant pests.
5 Section 17. Surveys to determine existence of pests.
6 Section 18. Treatment procedures.
7 Section 19. Pests declared public nuisance.
8 Section 20. Quarantines.
9 Section 21. Violations.
10 Section 22. Cooperation by department.
11 Section 23. Disposition of funds.
12 Section 24. Repeals.
13 Section 25. Effective date.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Short title.
17 This act shall be known and may be cited as the Plant Pest
18 Act of 1990.
19 Section 2. Definitions.
20 The following words and phrases when used in this act shall
21 have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "Agent," "inspector" or "deputy." A representative of the
24 Department of Agriculture authorized to carry out the provisions
25 of this act.
26 "Control." Reduction of the population of a plant pest to an
27 acceptable level.
28 "Dealer." A person, not primarily a grower of nursery stock,
29 who buys or receives on consignment nursery stock for the
30 purpose of reselling or reshipping, independent of any control
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1 by a nurseryman.
2 "Department." The Department of Agriculture of the
3 Commonwealth.
4 "Eradication." The elimination or removal of a pest from any
5 defined geographic area.
6 "Fruit Tree Improvement Program." A program to provide for
7 the establishment of standards and testing of fruit tree nursery
8 stock for freedom from plant pests.
9 "Host-free area." A geographically defined area where a
10 specific plant or plant variety is prohibited from becoming
11 established.
12 "Nursery." Any grounds, greenhouse or premises on or in
13 which nursery stock is propagated or grown for sale or
14 distribution, including any grounds or premises on or in which
15 nursery stock is being fumigated, treated, packed or stored or
16 otherwise prepared or offered for sale or movement to other
17 localities.
18 "Nursery agent." A person soliciting orders for, or selling,
19 nursery stock under the partial or full control of a nurseryman,
20 dealer or other nursery agent. The term includes a person
21 engaged with a nurseryman, dealer or nursery agent in handling
22 nursery stock on a cooperative basis.
23 "Nursery stock." Includes the following, regardless of where
24 the material may have been grown or is growing: all trees,
25 shrubs, brambles, woody vines, woody florist stock and
26 herbaceous perennials, their roots, cuttings, grafts, scions,
27 buds, fruit pits, seeds, and their parts for propagation. The
28 term does not include bulbs, field crop seeds, vegetable seeds
29 and vegetable plants, flower seeds, bedding and other annual
30 herbaceous plants, and their parts.
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1 "Nurseryman." A person who owns, leases, manages or is in
2 charge of a nursery.
3 "Person." Includes an individual, corporation, association,
4 partnership or other entity.
5 "Plant" or "plant product." A plant, or portion thereof,
6 whether living or dead.
7 "Plant pest." An organism, including other plants, causing
8 or capable of causing injury or damage to plants or plant
9 products.
10 "Plant quarantine." Legal action intended to prevent or
11 delay the establishment of a pest or plants or crops.
12 "Principal." A person who has the controlling authority over
13 a nursery agent.
14 "Secretary." The Secretary of Agriculture of the
15 Commonwealth.
16 "Stop-sale order." A written notice, issued by an inspector
17 to the owner or custodian of any plant or plant product, which
18 prohibits the sale or movement of plants or plant products.
19 "Treatment order." A written document specifying certain
20 measures to be taken to control or eradicate a plant pest,
21 including destruction of appropriate plants or plant products.
22 Section 3. Enforcement.
23 The department is authorized to enforce all of the provisions
24 of this act and shall promulgate, modify and enforce such
25 reasonable regulations and orders as may be needed to carry out
26 its provisions. The department may issue such licenses, permits
27 and certificates as, in the judgment of the secretary, may be
28 required, and may establish and collect fees.
29 Section 4. Inspection of land and buildings.
30 (a) General rule.--The secretary or his agents, in carrying
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1 out the provisions of this act, shall have free access, within
2 reasonable hours, to any land, premises, building, vehicle,
3 vessel, car or other place and shall have the power to open,
4 inspect and sample any bundle, package or other container of
5 plants or plant products. It is unlawful to deny such access to
6 any agent or to hinder, thwart or defeat such inspection or
7 other necessary activity by misrepresentation or concealment of
8 facts or conditions.
9 (b) Arrests.--The secretary or his agents, the Pennsylvania
10 State Police or any other officer whose duty it is to preserve
11 the peace of this Commonwealth may arrest without a warrant any
12 person found violating any of the provisions of this act.
13 Section 5. Inspection of nurseries.
14 The department, through its agents, shall, at least once each
15 year, inspect all nurseries and other places in which nursery
16 stock is stored, kept or offered for sale. It shall also have
17 the authority to inspect or reinspect, at any time or place, any
18 nursery stock shipped or moved in or into this Commonwealth. In
19 addition to inspection, the department may collect samples for
20 testing to detect plant pests. A nursery shall furnish the
21 inspector, on request, a list of any or all sources from which
22 nursery stock was obtained. No nursery stock shall be removed,
23 transported, sold or offered for sale which has not been
24 inspected and approved by an agent of the department.
25 Section 6. Certificate of inspection.
26 (a) Issuance.--The department shall issue, upon completion
27 of the inspection provided for in section 5, a certificate of
28 inspection setting forth the fact of the inspection and
29 identifying the stock and area actually inspected. The
30 certificate shall be valid for a period not to exceed one year
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1 and shall not be transferable or used to cover uninspected,
2 infested or infected nursery stock from any source.
3 (b) Authority of department.--If the inspection or any tests
4 reveal that a plant pest or pests exceed an established pest
5 tolerance, the department may order any necessary treatment or
6 destruction. The department may establish procedures to provide
7 for the propagation or production of plants or plant products
8 which are free from pests or within established pest tolerances.
9 Section 7. False declaration.
10 It is unlawful for any person to make a false declaration of
11 acreage or to cause any concealment of nursery stock from
12 inspection.
13 Section 8. Proceedings on finding pests.
14 An agent who finds plant pests present on any nursery or
15 dealer's premises shall notify the owner or person having charge
16 of the premises by issuing a written inspection report and may
17 issue a stop-sale order, listing plant pests found and
18 prescribing treatment or control action to be taken. Plants
19 under a stop-sale order shall remain under the order until the
20 agent is notified by the owner or person having charge of the
21 premises that the prescribed treatment or action has been taken
22 and a reinspection of the premises by the agent indicates the
23 treatment has been effective. If the agent finds that part of a
24 nursery is infested or infected with any plant pests and that
25 the remainder of it is not so infested or infected, the
26 department may prescribe, in writing, such measures or
27 precautions, or may stipulate, in writing, such conditions, for
28 the use of the certificate of inspection as may, in its
29 judgment, be necessary and may withhold the certificate of
30 inspection until the conditions have been accepted, in writing,
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1 by the owner of the nursery. Using the certificate of inspection
2 without taking the prescribed measures or precautions or
3 observing the stipulated conditions shall constitute a violation
4 of this act.
5 Section 9. Application for inspection.
6 Except as otherwise provided in this act, nurserymen, dealers
7 and nursery agents selling or delivering nursery stock in this
8 Commonwealth shall make application, in writing, by the date
9 established in regulations and pay a fee established by
10 regulation to the department. Nurserymen and dealers failing to
11 make application to the department shall be liable for any
12 additional expense of inspection. Fees for the Fruit Tree
13 Improvement Program shall be established by the department by
14 regulations developed in cooperation with a committee of fruit
15 tree nurserymen. Fees for special inspection, phytosanitary
16 export certification and other inspections and testing programs
17 shall be established by regulation.
18 Section 10. Dealer's certificate.
19 Every dealer located either within or outside this
20 Commonwealth, engaged in or about to engage in selling or
21 soliciting orders for nursery stock within this Commonwealth,
22 shall secure a dealer's certificate which will verify that he
23 will buy and sell only stock that has been duly inspected and
24 certified by an official Federal or State inspector.
25 Section 11. Nurseries and dealers outside Commonwealth.
26 Nurserymen, dealers or other persons residing or doing
27 business outside this Commonwealth who desire to solicit orders
28 for nursery stock in this Commonwealth shall be entitled to
29 solicit orders in this Commonwealth, provided they are certified
30 or licensed and their name appears on the official state
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1 directories of registered nurseries and nursery dealers issued
2 annually by the state in which their business is conducted.
3 Section 12. Agent's certificate.
4 (a) General rule.--All nursery agents selling nursery stock
5 or soliciting orders for nursery stock for any nurseryman or
6 dealer located within or outside this Commonwealth shall secure
7 and carry a nursery agent's certificate bearing a copy of the
8 certificate held by the principal. The agent's certificate shall
9 be issued by the department only to persons authorized by their
10 principal or upon request of their principal.
11 (b) Records.--Every person selling nursery stock in this
12 Commonwealth shall maintain and make available upon request by
13 the department all records pertaining to the distribution or
14 sale of nursery stock covered by this act.
15 Section 13. Denial or revocation of certificate.
16 The department shall, at any time, have the power to deny or
17 revoke any certificate for sufficient cause, including, but not
18 limited to, any violation of this act or of any rule or
19 regulation promulgated hereunder, or if it finds, at any time,
20 that a certificate of inspection, issued or accepted pursuant to
21 the provisions of this act, is being used in connection with
22 plants or plant products which are infested or infected with any
23 plant pest or with plants or other property which have not been
24 inspected and certified.
25 Section 14. Tagging packages.
26 Each person who engages in the selling, delivering or
27 transporting of nursery stock in this Commonwealth is required
28 to attach on the outside of each package, box, bale or truckload
29 or carload lot sold or delivered a tag or poster on which shall
30 appear an exact printed copy of this valid certificate or
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1 license. The use of tags or posters bearing an invalid or
2 altered certificate or license or the misuse of any valid
3 certificate or license tag is prohibited.
4 Section 15. Notice of receipt of uncertified stock.
5 When nursery stock is transported into this Commonwealth
6 without a valid certificate of inspection issued by the proper
7 out-of-State authority, the person receiving the nursery stock
8 must notify the department immediately. The nursery stock must
9 be returned to the consignor or shipper or held for inspection
10 as directed by the department.
11 Section 16. Importing plants and plant pests.
12 (a) Plants.--It is unlawful to transport, or cause to be
13 transported, plants into this Commonwealth unless accompanied by
14 a valid certificate and statement containing the names and
15 addresses of the consignor and consignee and nature of the
16 contents. A person who receives plants from foreign countries
17 without a certificate of inspection must notify the department
18 immediately.
19 (b) Plant pests.--It is unlawful to transport any plant pest
20 into this Commonwealth for research or any other purpose without
21 first applying to and receiving approval from the department.
22 Section 17. Surveys to determine existence of pests.
23 The department may:
24 (1) Make surveys to determine the existence,
25 distribution and severity of damage caused by plant pests.
26 (2) Collect and transport samples of plants or plant
27 products which are capable of harboring plant pests.
28 (3) Conduct studies relating to the control of plant
29 pests.
30 (4) Make other investigations necessary to protect the
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1 agriculture and horticulture of this Commonwealth from
2 certain plant pests.
3 (5) Prescribe treatment for control of plant pests.
4 (6) Report the results of plant pest investigations.
5 Section 18. Treatment procedures.
6 (a) General rule.--If the secretary determines that a
7 serious pest situation exists in any part of this Commonwealth,
8 any necessary eradication or control measures may be taken.
9 Prior to carrying out any treatment procedures, the department
10 shall notify the property owner, in writing. Any agent of the
11 department is authorized to enter the premises during reasonable
12 hours to carry out the eradication or control measures.
13 (b) Treatment order.--Should the department find a pest
14 situation that does not justify the procedures specified in
15 subsection (a), it may issue a treatment order, in writing, to
16 the owner or person in charge. The treatment order shall
17 describe the pest situation which exists and prescribe the
18 required control or eradication measures and the date by which
19 control must be completed. The premises shall be under
20 quarantine until the specified control or eradication measures
21 have been completed and approved by the department. The
22 department may issue a treatment order if any abandoned crops or
23 noncultivated plants constitute a reservoir for the pest.
24 (c) Noncompliance with order.--If the owner or person in
25 charge does not comply with the treatment order, the person who
26 received the treatment order shall be considered to be in
27 violation of this act. The department shall be authorized to
28 carry out the control measures, and all expenses associated with
29 the treatment shall be paid to the department by the person who
30 failed to comply with the treatment order.
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1 Section 19. Pests declared public nuisance.
2 When the department determines a plant pest to be dangerous
3 or destructive to the agriculture, horticulture or forests of
4 this Commonwealth, the pest may be declared to be a public
5 nuisance. It is unlawful for any person knowingly to permit any
6 plant pest so declared to exist on his premises or to sell,
7 offer for sale, give away or move any plants, plant products or
8 other material capable of harboring the pest.
9 Section 20. Quarantines.
10 (a) General rule.--The department may establish quarantines,
11 as specified in this act or department regulations, to prevent
12 the dissemination of plant pests within this Commonwealth.
13 (b) Areas covered.--When the pest or pests which have the
14 potential to cause serious damage to agriculture are found in
15 any geographic area, the area and the adjacent areas, as the
16 department deems necessary, shall be quarantined.
17 (c) Notice.--The department shall give notice of the
18 establishment of a quarantine and any regulations to be issued,
19 either in writing or by publication, in at least one newspaper
20 of general circulation in the areas affected.
21 (d) Conditions and restrictions.--When a quarantine is
22 established, the department shall issue such conditions or
23 restrictions as it considers necessary to prevent or reduce the
24 movement of the pest or pests from the quarantine area.
25 (1) Under the quarantine, the department may prohibit,
26 without inspection, the movement, shipment or transportation
27 of any plant or plant product or other material capable of
28 carrying the plant pest from the area under quarantine.
29 (2) The department may establish a quarantine to prevent
30 or delay the introduction of any plant pest into this
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1 Commonwealth.
2 (3) The department may quarantine any vehicle or means
3 of conveyance suspected of carrying a quarantine pest. If the
4 pest is detected in or on any vehicle or other means of
5 conveyance, the department may order the treatment necessary
6 to eradicate the pest.
7 (4) The department may regulate the planting, growing or
8 harvesting of any crop that serves as a host or reservoir for
9 the pest within the quarantined area. The regulations may
10 include prohibiting the establishment of a specific crop,
11 variety or cultivar within a specific geographic area or
12 during a specified time period, or both. If any crop is
13 suspected of harboring the pest, the department may require
14 the treatment or destruction of the crop.
15 Section 21. Violations.
16 (a) General rule.--It is unlawful to violate or fail to
17 comply with any provision of this act or regulations promulgated
18 under the provisions of this act.
19 (b) Criminal penalties.--Any person engaging in unlawful
20 conduct, as defined in this act, commits, upon conviction, a
21 summary offense and shall be sentenced to pay a fine of not more
22 than $300 for each offense or to imprisonment for a term of not
23 more than 90 days, or both.
24 (c) Civil penalties.--In addition to proceeding under any
25 other remedy available at law or in equity for a violation of a
26 provision of this act, a regulation promulgated under this act
27 or an order issued under this act, the secretary may assess a
28 civil penalty not to exceed $20,000, payable to the Commonwealth
29 and collectable in any manner provided by law for the collection
30 of debt.
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1 (d) Injunctive relief.--In addition to any other remedies
2 provided in this act, the Attorney General, at the request of
3 the secretary, may initiate in the Commonwealth Court or the
4 court of common pleas of the county in which the defendant
5 resides or has his place of business, an action in equity for an
6 injunction to restrain any and all violations of this act, or
7 regulations or orders promulgated or issued under this act, from
8 which no timely appeal has been taken or which has been
9 sustained on appeal. In any such proceeding, the court shall,
10 upon motion of the Commonwealth, issue a preliminary injunction
11 if it finds that the defendant is engaging in unlawful conduct,
12 as defined in this act, or is engaging in conduct which is
13 causing immediate or irreparable harm to the public. The
14 Commonwealth shall not be required to furnish bond or other
15 security in connection with the proceedings. In addition to an
16 injunction, the court, in such equity proceedings, may levy
17 civil penalties as provided in subsection (c).
18 Section 22. Cooperation by department.
19 The department is authorized to cooperate, receive grant-in-
20 aid and enter into agreements with any individual or
21 organization or Federal, State or county agency for the purpose
22 of implementing the provisions of this act. The department shall
23 also have the authority to assist in the enforcement of any
24 Federal quarantine established under Federal statutes or
25 regulations.
26 Section 23. Disposition of funds.
27 Fees, fines and civil penalties collected, as well as moneys
28 derived from registration and licensing, shall be paid into a
29 restricted account in the General Fund, to be known as the Plant
30 Pest Management Account, for use by the department in
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1 administering the provisions of this act. All moneys placed in
2 the account are specifically appropriated to the department for
3 the purpose of improving and enhancing the administration of the
4 programs specified in this act and not to replace general
5 revenues heretofore appropriated for this purpose.
6 Section 24. Repeals.
7 The following acts and parts of acts are repealed:
8 Act of April 21, 1937 (P.L.318, No.90), known as The
9 Pennsylvania Plant Pest Act of 1937.
10 Section 25. Effective date.
11 This act shall take effect in 60 days.
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