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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BRUBAKER, YAW, ALLOWAY, WAUGH, YUDICHAK, DINNIMAN, ARGALL, SOLOBAY, RAFFERTY, GREENLEAF, ERICKSON, VANCE, TOMLINSON, FARNESE, FERLO AND SCHWANK, JULY 21, 2011 |
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| REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JULY 21, 2011 |
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| AN ACT |
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1 | Amending Title 3 (Agriculture) of the Pennsylvania Consolidated |
2 | Statutes, in fertilizer, further providing for labels and |
3 | labeling; and providing for fertilizer use on turf. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 6705 of Title 3 of the Pennsylvania |
7 | Consolidated Statutes is amended by adding a subsection to read: |
8 | § 6705. Labels and labeling. |
9 | * * * |
10 | (a.1) Prohibited label.--No material containing nitrogen or |
11 | phosphorus may be labeled for the purpose of melting snow or |
12 | ice. |
13 | * * * |
14 | Section 2. Section 6725 of Title 3 is amended to read: |
15 | § 6725. Disposition of funds. |
16 | Moneys received from license fees, registration fees, |
17 | inspection fees, fines and penalties shall be paid into a |
18 | special restricted account in the General Fund to be known as |
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1 | the Agronomic Regulatory Account. All moneys in the Agronomic |
2 | Regulatory Account are hereby appropriated to the department for |
3 | the purposes of this chapter and Chapters 68 (relating to |
4 | fertilizer for use on turf), 69 (relating to soil and plant |
5 | amendment) and 71 (relating to seed). |
6 | Section 3. Title 3 is amended by adding a chapter to read: |
7 | CHAPTER 68 |
8 | FERTILIZER FOR USE ON TURF |
9 | Sec. |
10 | 6801. Definitions. |
11 | 6802. Applicability. |
12 | 6803. Fertilizer sold to consumers. |
13 | 6804. Labeling. |
14 | 6805. Application of fertilizer to turf. |
15 | 6806. Certification of professional fertilizer applicators. |
16 | 6807. Education. |
17 | 6808. Cooperation with other entities. |
18 | 6809. Preemption. |
19 | 6810. Rules and regulations. |
20 | 6811. Enforcement and penalties. |
21 | 6812. Disposition of funds. |
22 | § 6801. Definitions. |
23 | The following words and phrases when used in this chapter |
24 | shall have the meanings given to them in this section unless the |
25 | context clearly indicates otherwise: |
26 | "Agricultural production." The production for commercial |
27 | purposes of crops, livestock and livestock products, including |
28 | the processing or retail marketing of such crops, livestock or |
29 | livestock products if more than 50% of such processed or |
30 | merchandised products are produced by the farm operator. The |
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1 | term includes use of land that is devoted to and meets the |
2 | requirements of and qualifications for payments or other |
3 | compensation pursuant to a soil conservation program under an |
4 | agreement with an agency of the Federal Government. |
5 | "Bulk fertilizer." A fertilizer distributed in a nonpackaged |
6 | form. |
7 | "Consumer." A person who purchases fertilizer for the end |
8 | use of the product. |
9 | "Crops, livestock and livestock products." Include, but are |
10 | not limited to: |
11 | (1) Field crops, including corn, wheat, oats, rye, |
12 | barley, hay, potatoes and dry beans. |
13 | (2) Fruits, including apples, peaches, grapes, cherries |
14 | and berries. |
15 | (3) Vegetables, including tomatoes, snap beans, cabbage, |
16 | carrots, beets, onions and mushrooms. |
17 | (4) Horticultural specialties, including nursery stock |
18 | ornamental shrubs, ornamental trees and flowers. |
19 | (5) Livestock and livestock products, including cattle, |
20 | sheep, hogs, goats, horses, poultry, furbearing animals, |
21 | milk, eggs and furs. |
22 | (6) Timber, wood and other wood products derived from |
23 | trees. |
24 | (7) Aquatic plants and animals and their byproducts. |
25 | "Department." The Department of Agriculture of the |
26 | Commonwealth. |
27 | "Distribute." To import, consign, offer for sale, sell, |
28 | barter or otherwise supply fertilizer in this Commonwealth. |
29 | "Enhanced efficiency controlled release fertilizer." A |
30 | fertilizer product with characteristics that allow increased |
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1 | plant uptake and reduced potential of nutrient losses to the |
2 | environment, such as gaseous losses, leaching or runoff, when |
3 | compared to an appropriate reference product. |
4 | "Fertilizer." Any substance, including fertilizer material, |
5 | mixed fertilizer, specialty fertilizer and bulk fertilizer, |
6 | containing one or more recognized plant nutrients which is used |
7 | for its plant nutrient content and which is designed for use or |
8 | claimed to have value in promoting plant growth, except |
9 | unmanipulated animal and vegetable manure, agricultural liming |
10 | materials, wood ashes and other materials exempted by regulation |
11 | by the Department of Agriculture. |
12 | "Fertilizer material." A fertilizer which: |
13 | (1) contains only one of the following primary plant |
14 | nutrients: |
15 | (i) nitrogen; |
16 | (ii) phosphate; or |
17 | (iii) potash; |
18 | (2) has 85% or more of its plant nutrient content |
19 | present in the form of a single chemical compound; or |
20 | (3) is derived from a plant or animal residue, byproduct |
21 | or coproduct as defined in regulation or natural material |
22 | deposit which has been processed in such a way that its |
23 | content of plant nutrients has not been materially changed |
24 | except by purification and concentration. |
25 | "Impervious surface." A structure, surface or improvement |
26 | that reduces or prevents absorption of water into land and |
27 | includes porous paving, paver blocks, gravel, crushed stone, |
28 | decks, patios, elevated structures and other similar structures, |
29 | surfaces or improvements. |
30 | "Label." The display of all written, printed or graphic |
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1 | matter upon the immediate container or a statement accompanying |
2 | a fertilizer. |
3 | "Labeling." All written, printed or graphic matter upon or |
4 | accompanying any fertilizer or advertisements, brochures, |
5 | posters or electronic media used in promoting the distribution |
6 | of fertilizer. |
7 | "Natural organic fertilizer." A fertilizer derived from |
8 | either plant or animal products containing one or more elements, |
9 | other than carbon, hydrogen and oxygen, which are essential for |
10 | plant growth. These materials may not be mixed with synthetic |
11 | materials or changed in any physical or chemical manner from |
12 | their initial state except by physical manipulation such as |
13 | drying, cooking, chopping, grinding, shredding or pelleting. |
14 | "Organic fertilizer." A fertilizer derived from either plant |
15 | or animal products containing one or more elements, other than |
16 | carbon, hydrogen and oxygen, which are essential for plant |
17 | growth. These materials may be mixed with synthetic materials or |
18 | changed in physical or chemical manner from their initial state. |
19 | "Percent" or "percentage." A percentage by weight. |
20 | "Person." An individual, partnership, association, firm, |
21 | corporation or any other legal entity. |
22 | "Plant nutrient." Any of the following: |
23 | (1) primary nutrient; |
24 | (2) secondary nutrient; and |
25 | (3) micronutrient. |
26 | "Primary nutrient." Any of the following: |
27 | (1) total nitrogen; |
28 | (2) available phosphate; and |
29 | (3) soluble potash. |
30 | "Professional fertilizer applicator." An individual who |
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1 | applies fertilizer for hire, including an employee of a |
2 | government entity or golf course who applies fertilizer within |
3 | the scope of employment. The term does not include an individual |
4 | who applies fertilizer only for the purpose of agricultural |
5 | production or sod produced for commercial sale. |
6 | "Secondary nutrient." Any of the following: |
7 | (1) calcium; |
8 | (2) magnesium; and |
9 | (3) sulfur. |
10 | "Slow release." A fertilizer containing a plant nutrient in |
11 | a form that delays its availability for plant uptake and use |
12 | after application, or which extends its availability to the |
13 | plant significantly longer than a reference "rapidly available |
14 | nutrient fertilizer," such as ammonium nitrate or urea, ammonium |
15 | phosphate or potassium chloride. |
16 | "Soil test." A technical analysis of soil conducted by a |
17 | laboratory, such as the Agricultural Analytical Services |
18 | Laboratory of The Pennsylvania State University, that provides |
19 | results for water pH, total carbon, total nitrogen, Mehlich |
20 | buffer lime requirement and for phosphorus, potassium, magnesium |
21 | and calcium by the Mehlich 3 (ICP) test. |
22 | "Specialty fertilizer." A fertilizer distributed for nonfarm |
23 | use and fertilizer material primarily intended to supply plant |
24 | nutrients other than nitrogen, phosphate or potash. |
25 | "Turf." Land, including residential property, golf courses |
26 | and publicly owned land, that is planted in closely mowed, |
27 | managed grass, except for land used for agricultural production. |
28 | "Water soluble nitrogen." Nitrogen in a form that does not |
29 | have slow release properties. |
30 | § 6802. Applicability. |
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1 | This chapter shall not apply to fertilizer applied for the |
2 | purposes of agricultural production or sod produced for |
3 | commercial sale. |
4 | § 6803. Fertilizer sold to consumers. |
5 | Fertilizer sold to a consumer other than a professional |
6 | fertilizer applicator and intended for use on turf shall: |
7 | (1) contain no more than 0.7 pounds of water soluble |
8 | nitrogen and no more than 0.9 pounds of total nitrogen, at |
9 | least 20% of which shall consist of slow release nitrogen per |
10 | 1,000 square feet when applied pursuant to the instructions |
11 | on the container; and |
12 | (2) contain no phosphorus, except when specifically |
13 | labeled for the following purposes: |
14 | (i) providing nutrients to specific soils and target |
15 | vegetation as determined to be necessary pursuant to a |
16 | soil test performed no more than three years prior to |
17 | application; |
18 | (ii) establishing vegetation for the first time; or |
19 | (iii) reestablishing or repairing a turf area. |
20 | § 6804. Labeling. |
21 | (a) Mandatory label.--In addition to any other requirements |
22 | under chapter 67 (relating to fertilizer), a container of |
23 | fertilizer sold to a consumer other than a professional |
24 | fertilizer applicator and intended for use on turf shall include |
25 | the following statement on its label in a legible and |
26 | conspicuous form: |
27 | "Do not apply near water, storm drains or drainage |
28 | ditches. Do not apply if heavy rain is expected. Apply |
29 | this product only to your lawn and sweep any product that |
30 | lands on the driveway, sidewalk or street back onto your |
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1 | lawn." |
2 | (b) Prohibited label.--No material containing nitrogen or |
3 | phosphorus may be labeled for the purpose of melting snow or |
4 | ice. |
5 | § 6805. Application of fertilizer to turf. |
6 | (a) Restrictions.--No person or professional fertilizer |
7 | applicator may: |
8 | (1) apply fertilizer intended for use on turf to an |
9 | impervious surface. Any fertilizer inadvertently applied to |
10 | an impervious surface shall be removed from the impervious |
11 | surface; |
12 | (2) apply fertilizer containing phosphorus or nitrogen |
13 | to turf at any time when the ground is frozen or snow- |
14 | covered; |
15 | (3) apply fertilizer containing phosphorus or nitrogen |
16 | to turf before March 1 or after November 15 in any calendar |
17 | year, except as follows: |
18 | (i) fertilizer containing no more than 0.5 pounds |
19 | total nitrogen may be applied by a professional |
20 | fertilizer applicator to turf after November 15 but |
21 | before December 1 in a calendar year; or |
22 | (ii) fertilizer may be applied at any time of the |
23 | year by a professional fertilizer applicator to turf for |
24 | the purpose of re-establishment or repair if the turf has |
25 | been or will be actively used for a professional or |
26 | scholastic athletic event within one week of the |
27 | application; |
28 | (4) apply fertilizer within 15 feet of any perennial or |
29 | intermittent stream, except that fertilizer may be applied |
30 | within ten feet from any perennial or intermittent stream if |
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1 | applied using a drop spreader, rotary spreader with deflector |
2 | or targeted spray liquid. The establishment of setbacks for |
3 | fertilizer application pursuant to this paragraph shall not |
4 | preclude the establishment or applicability of, or required |
5 | compliance with, any other environmental standard established |
6 | pursuant to any other Federal or State law, rule or |
7 | regulation; or |
8 | (5) apply material containing nitrogen or phosphorus for |
9 | the purpose of melting snow or ice. |
10 | (b) Application rates.--Except as provided under subsections |
11 | (c) and (d), application rates shall not exceed: |
12 | (1) 0.7 pounds of water soluble nitrogen per 1,000 |
13 | square feet per application; |
14 | (2) 0.9 pounds of total nitrogen per 1,000 square feet |
15 | per application; and |
16 | (3) zero phosphorus, except when specifically labeled |
17 | for the following purposes: |
18 | (i) providing nutrients to specific soils and target |
19 | vegetation as determined to be necessary pursuant to a |
20 | soil test performed no more than three years prior to the |
21 | application; |
22 | (ii) establishing vegetation for the first time; or |
23 | (iii) re-establishing or repairing a turf area. |
24 | (c) Professional fertilizer applicators.--A professional |
25 | fertilizer applicator shall not be required to use slow release |
26 | fertilizer. Except as provided under subsection (d), no |
27 | professional fertilizer applicator may apply fertilizer at a |
28 | rate exceeding: |
29 | (1) 0.7 pounds of water soluble nitrogen per 1,000 |
30 | square feet per application; |
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1 | (2) 0.9 pounds of total nitrogen per 1,000 square feet |
2 | per application; and |
3 | (3) zero phosphorus, except when the professional |
4 | fertilizer applicator: |
5 | (i) determines that the fertilizer is necessary for |
6 | the specific soils and target vegetation pursuant to a |
7 | soil test performed no more than three years before the |
8 | application, and the application is in a manner |
9 | consistent with generally accepted best management |
10 | practices; |
11 | (ii) is establishing vegetation for the first time |
12 | in a manner consistent with generally accepted best |
13 | management practices; or |
14 | (iii) is re-establishing or repairing a turf area in |
15 | a manner consistent with generally accepted best |
16 | management practices. |
17 | (d) Enhanced-efficiency controlled-release fertilizer.-- |
18 | Notwithstanding the provisions of subsection (c), enhanced- |
19 | efficiency controlled-release fertilizer may be applied by a |
20 | professional fertilizer applicator at a rate not to exceed 2.5 |
21 | pounds of nitrogen per application with a monthly release rate |
22 | not to exceed 0.7 pounds of nitrogen per 1,000 square feet. |
23 | (e) Natural organic fertilizer and organic fertilizer.-- |
24 | Notwithstanding the provisions of subsections (b) and (c), a |
25 | natural organic fertilizer or organic fertilizer containing |
26 | phosphorus may be applied at a rate not to exceed 0.25 pounds of |
27 | phosphorus per 1,000 square feet, with a maximum total annual |
28 | application of 0.5 pounds of phosphorus per 1,000 square feet |
29 | per year. In no case may any fertilizer product containing |
30 | phosphorus be applied to soils with optimum, above optimum or |
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1 | excessive levels of phosphorus based on a soil test performed no |
2 | more than three years before application. |
3 | § 6806. Certification of professional fertilizer applicators. |
4 | (a) Certification.--No professional fertilizer applicator |
5 | may apply fertilizer to turf without first completing a |
6 | certification program and receiving appropriate certification by |
7 | the department, or maintaining certification as required by the |
8 | department, unless acting under the supervision of a certified |
9 | professional fertilizer applicator as provided under subsection |
10 | (b). |
11 | (b) Supervisory employees.--A person or entity employing |
12 | professional fertilizer applicators shall have at least one |
13 | supervisory employee who holds a valid certificate present or |
14 | immediately accessible to employees applying fertilizer at all |
15 | hours of operation. |
16 | (c) Professional fertilizer application program.--The |
17 | department shall establish a professional fertilizer application |
18 | certification program that shall include, but not be limited to, |
19 | information on the following subject areas: |
20 | (1) the proper use and calibration of fertilizer |
21 | application equipment; |
22 | (2) the hazards involved in, and the environmental |
23 | impact of, applying fertilizer, including nutrient pollution, |
24 | to perennial or intermittent streams; |
25 | (3) all applicable Federal and State laws, rules and |
26 | regulations; |
27 | (4) the correct interpretation of fertilizer labeling |
28 | information; and |
29 | (5) the generally accepted best management practices for |
30 | fertilizer use on turf, including the appropriate time to |
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1 | wait before applying fertilizer when rain is forecast, the |
2 | appropriate time to apply fertilizer when soils are wet and |
3 | the potential for fertilizer movement offsite exists. |
4 | (d) Program fees and continuing education.--In establishing |
5 | a professional fertilizer application certification program, the |
6 | department may: |
7 | (1) require payment, not to exceed $50, for a |
8 | certificate of competency to cover costs associated with the |
9 | administration of this chapter; |
10 | (2) require payment, not to exceed $25, for |
11 | recertification to cover costs associated with the |
12 | administration of this chapter; |
13 | (3) require continuing education and training for |
14 | certified professional fertilizer applicators; and |
15 | (4) contract with one or more entities to certify or |
16 | recertify professional fertilizer applicators. |
17 | (e) Program duties of department.--In establishing a |
18 | professional fertilizer application certification program, the |
19 | department shall: |
20 | (1) recognize the training program of any person or |
21 | entity employing professional fertilizer applicators as |
22 | meeting the provisions of this section, if the training |
23 | program meets the standards established under subsection (c); |
24 | and |
25 | (2) to the maximum extent practicable, align |
26 | requirements with the requirements and education and training |
27 | opportunities for commercial applicators of pesticides under |
28 | section 16.1 of the act of March 1, 1974 (P.L.90, No.24), |
29 | known as the Pennsylvania Pesticide Control Act of 1973. |
30 | (f) List of certified professional fertilizer applicators.-- |
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1 | The department shall publish and maintain a list of all |
2 | certified professional fertilizer applicators and make the list |
3 | available on its Internet website. |
4 | § 6807. Education. |
5 | Before June 30, 2012, the department shall develop and |
6 | implement a program to provide education to anyone applying |
7 | fertilizer to turf. The program shall include, but not be |
8 | limited to, the dissemination of information regarding nutrient |
9 | pollution, generally accepted best management practices for |
10 | fertilizer use on turf, soil testing, proper interpretation of |
11 | fertilizer label instructions and the proper use and calibration |
12 | of fertilizer application equipment. |
13 | § 6808. Cooperation with other entities. |
14 | The department may cooperate with and enter into agreements |
15 | with agencies of the Federal Government, agencies and political |
16 | subdivisions of the Commonwealth or any other state, or a |
17 | nongovernmental entity in order to carry out the purpose and |
18 | provisions of this chapter. |
19 | § 6809. Preemption. |
20 | This chapter and its provisions are of Statewide concern and |
21 | occupy the whole field of regulation regarding the use of |
22 | fertilizer on turf, to the exclusion of all local regulations. |
23 | § 6810. Rules and regulations. |
24 | The department shall promulgate and enforce rules and |
25 | regulations necessary for the administration and implementation |
26 | of this chapter. To implement section 6806(c) (relating to |
27 | certification of professional fertilizer applicators), the |
28 | department shall promulgate rules and regulations no later than |
29 | two years from the effective date of this act. |
30 | § 6811. Enforcement and penalties. |
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1 | (a) Civil penalties.-- |
2 | (1) In addition to any other remedy available at law or |
3 | in equity for a violation of this chapter, the department may |
4 | assess a civil penalty of not more than $50 upon any person |
5 | for each violation of this chapter. The civil penalty |
6 | assessed shall be payable to the department and shall be |
7 | collectible in any manner provided by law for the collection |
8 | of debt. |
9 | (2) No civil penalty may be assessed unless the person |
10 | assessed the penalty has been given notice and an opportunity |
11 | for a hearing on the assessment in accordance with the |
12 | provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice |
13 | and procedure of Commonwealth agencies) and 7 Subch. A |
14 | (relating to judicial review of Commonwealth agency action). |
15 | (b) De minimis violations.--Nothing in this chapter may be |
16 | construed as requiring the department to report a violation and |
17 | to institute penalties as a result of de minimis violations of |
18 | this chapter when the department concludes that the public |
19 | interest will be best served by a suitable notice of warning in |
20 | writing. |
21 | § 6812. Disposition of funds. |
22 | Moneys received from certification fees, fines and penalties |
23 | under this chapter shall be paid into the Agronomic Regulatory |
24 | Account established under section 6725 (relating to disposition |
25 | of funds). |
26 | Section 4. This act shall take effect as follows: |
27 | (1) The addition of 3 Pa.C.S. §§ 6801, 6802, 6803, 6804 |
28 | and 6805 shall take effect in two years. |
29 | (2) The addition of 3 Pa.C.S § 6806(a) and (b) shall |
30 | take effect one year after the promulgation of regulations |
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1 | made under 3 Pa.C.S § 6806. |
2 | (3) The remainder of this act shall take effect |
3 | immediately. |
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