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Pennsylvania Statutes Title 3 P.S. Agriculture § 214-53. Petitions, hearings and orders

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

(a) Authority is hereby vested in the secretary to administer and enforce the provisions of this act and orders issued pursuant thereto.

(b) Whenever the secretary receives a petition in a form prescribed by him, signed by at least five grape growers in the same township or contiguous townships in the Commonwealth, alleging that the use of herbicides, described in the petition in proximity to grape vineyards or crops of grapes described in the petition, has proved harmful to the development of grapevines or the grape crop in the affected area in the same or any prior year and asking that the use of such chemical substances be prohibited or restricted within the affected area, the secretary shall ascertain whether at least five of the signers of the petition are grape growers and owners of grape vineyards within the affected area. In counting the required number of petitioners, joint tenants or tenants by the entireties shall be counted as one signer.

(c) If the secretary determines that the petition is properly filed, the secretary or his agent shall hold a public hearing after giving at least ten days' notice of the time and place at which the hearing will be held which notice shall be given in a newspaper of general circulation in the area affected and by notice by mail to each named user of herbicides or his agent complained of within the affected area.

(d) If the secretary finds from testimony adduced that:

(1) There has been injury sustained to grapevines or grape crops within affected area; and

(2) Injury was caused by use of herbicides described in petitions; and

(3) Use of herbicides was upon lands within affected area or in proximity to affected area; and

(4) The production of grapes constitutes a major source of agricultural income within affected area, the secretary shall (i) issue an order prohibiting or restricting the use of herbicides named in the petition or similarly dangerous herbicides within or in proximity of affected area for a period of time to be specified in the order unless such use is authorized by permit issued by the secretary; and (ii) ((ii) repealed July 31, 1968, P.L. 769, No. 240).

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 3 P.S. Agriculture § 214-53. Petitions, hearings and orders - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-3-ps-agriculture/pa-st-sect-3-214-53/

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