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Pennsylvania Statutes Title 3 P.S. Agriculture § 111.27. Determinations; rules and regulations; classified for restricted use; and uniformity

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) The secretary is authorized, after due notice and an opportunity for a hearing or public comment:

(1) To declare as a pest any form of plant or animal life (except virus, bacteria, or other microorganisms on or in living man or other living animals) which is injurious to man, desirable animals, desirable plants, and land; and

(2) To determine pesticides, and quantities of substances contained in pesticides, which are injurious to the environment. The secretary shall be consistent with the Federal Environmental Protection Agency regulations in this determination.

(b) The secretary is authorized, after due notice and a public hearing or public comment, to adopt appropriate regulations for carrying out the provisions of this act, including but not limited to regulations providing for:

(1) The collection, examination, and reporting of samples of pesticides or devices.

(2) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers consistent with “Federal Insecticide, Fungicide and Rodenticide Act of 1947,” as amended in 1972.  1

(3) Restricting or prohibiting the use of certain types of containers or packages for pesticides not federally registered. These restrictions may apply to type of construction, strength, and/or size to alleviate danger of spillage, breakage, or misuse. The secretary shall be consistent with Federal regulations concerning pesticide containers.

(4) Labeling requirements of all pesticides not federally registered required to be registered under provisions of this act.

(5) Regulating the labeling of devices.

(6) Adopting lists of pesticides classified for restricted use for the Commonwealth or for designated areas within the Commonwealth if the secretary determines that such pesticides may require regulations restricting or prohibiting their distribution or use. Such lists are to be consistent with Federal lists unless there is a local need or imminent hazard. The secretary may include in the regulation the time and conditions of distribution or use of such pesticides classified for restricted use and may, if he deems it necessary to carry out the purpose and provisions of this act, require that any or all pesticides classified for restricted use shall be purchased, possessed, or used only under the permit of the secretary and under his direct supervision in certain areas and/or under certain conditions or in certain quantities or concentrations.

(c) Such rules and regulations shall be adopted pursuant to the provisions of the act of July 31, 1968 (P.L. 769, No. 240), known as the “Commonwealth Documents Law.”  2

(d) For the purpose of uniformity of requirements between the states and the Federal Government, and to avoid confusion endangering the environment, the secretary may, after a public hearing or public comment, adopt regulations in conformity with the primary pesticide standards, particularly as to labeling, registration requirements, and pesticides classified for restricted use as established by the Federal Environmental Protection Agency or other Federal or Commonwealth agencies.

(e) Nothing in this act shall be construed as requiring the secretary to report minor violations of this act for prosecution or for the institution of condemnation proceedings when he believes that the public interest will be served best by a suitable notice of warning in writing. However, the secretary shall maintain an appropriate record of all violations identified as a result of use observations, misuse investigations or by inspectors in the normal conduct of their duties.

1 7 U.S.C.A. § 136 et seq.
2 45 P.S. § 1102 et seq.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 3 P.S. Agriculture § 111.27. Determinations; rules and regulations; classified for restricted use; and uniformity - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-3-ps-agriculture/pa-st-sect-3-111-27/

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