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Pennsylvania Statutes Title 3 P.S. Agriculture § 111.45a. Additional regulatory authority

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) The secretary shall, after due notice and public comment, adopt appropriate regulations providing for:

(1) The control of the aerial application of restricted use pesticides to rights-of-way only after notice in a newspaper of general circulation in the affected area, at least one week prior to the date of application. This regulation shall include, but not be limited to:

(i) Minimum spraying distances.

(ii) Procedural prohibitions and restrictions relating to weather conditions.

(2) The prior notification by commercial applicators to individuals residing in dwellings on land contiguous to a restricted use pesticide application site. The secretary, by regulations, shall determine the appropriate mechanism for and the timing and form of notification.

(3) Regulations to prohibit the application of restricted use pesticides within one hundred feet of certain publicly owned or designated lands unless a waiver is granted. The secretary may grant a waiver if an applicant demonstrates that:

(i) The application of the specified pesticide is necessary and will result in a demonstrated public benefit.

(ii) The application of the pesticide will not cause adverse impact on the use of the area to be protected.

(iii) The application of the pesticide will not result in the destruction or loss of any rare or endangered flora or fauna or significant natural community existing in the protected area.

(b) The protected publicly owned or designated area under this section shall include:

(1) Designated natural areas on State forest lands.

(2) Areas designated on Pennsylvania's Natural Diversity Inventory containing rare or endangered species or significant natural communities.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 3 P.S. Agriculture § 111.45a. Additional regulatory authority - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-3-ps-agriculture/pa-st-sect-3-111-45a/

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