Unconsolidated Pennsylvania Statutes

AGRICULTURE (Title 3)

Pennsylvania Fertilizer, Soil Conditioner And Plant Growth Substance Law

§ 68.1. Short title.
§ 68.2. Definitions.
§ 68.3. Registration.
§ 68.3a. Licensing.
§ 68.4. Labeling.
§ 68.5. Inspection fees; reports.
§ 68.6. Inspection, sampling, analysis.
§ 68.7. Plant nutrient deficiency.
§ 68.8. Commercial value.
§ 68.9. Minimum plant nutrient content.
§ 68.10. False or misleading statements.
§ 68.11. [Repealed.]
§ 68.12. Publications.
§ 68.13. Rules and Regulations.
§ 68.14. Short weight.
§ 68.15. Revocation, suspension or denial of licenses and/or registrations.
§ 68.16. "Stop Sale" orders.
§ 68.17. Seizure, condemnation and sale.
§ 68.18. Criminal penalties.
§ 68.18a. Civil penalties.
§ 68.18b. Civil remedy.
§ 68.19. Exchange between manufacturers.
§ 68.20. Appeals.
§ 68.21. Repeal.
§ 68.22. Effective date.
§ 68.23. Violations committed prior to the effective date of this act.

§ 68.1. Short title.

This act shall be known and may be cited as the "Pennsylvania Fertilizer, Soil Conditioner And Plant Growth Substance Law."

§ 68.2. Definitions.

As used in this act:

(1) "Fertilizer material"

means any substance containing nitrogen, phosphorus, potassium or any recognized plant nutrient, element or compound which is used or sold for its plant nutrient content, or claimed plant nutrients, or for compounding mixed fertilizers except unmanipulated animal and vegetable manures.

(2) "Mixed fertilizers"

includes any combination or mixture of fertilizer materials designed for use or claimed to have value in promoting plant growth.

(3) "Fertilizer"

includes mixed fertilizer or fertilizer materials.

(4) "Specialty fertilizer"

includes any fertilizer distributed primarily for use on crops grown for noncommercial purposes such as home gardens and lawns, and may include fertilizers used for research or experimental purposes.

(5) "Bulk fertilizer"

includes fertilizer delivered to the purchaser in the solid or liquid states, in a nonpackaged form to which a label cannot be attached.

(6) "Brand"

includes any term, design or trade mark used in connection with one or several grades of fertilizer, soil conditioners or plant growth substances.

(7) "Grade"

means the minimum percentage of total nitrogen, available phosphoric acid, and soluble potash stated in the order given in this definition, and, when applied to mixed fertilizers, shall be in whole numbers only.

(8) "Official sample"

means any sample of fertilizer, soil conditioner or plant growth substance taken by the secretary to effect the provisions of this act.

(9) "Secretary"

includes the Secretary of Agriculture or his duly authorized deputy, agent or representative.

(10) "Ton"

means a net weight of two thousand pounds avoirdupois or 907 kilograms.

(11) "Percent" or "percentage"

means the precentage by weight.

(12) "Distributor"

includes any person who offers for sale, sells, barters, or otherwise supplies fertilizers, soil conditioners or plant growth substances.

(12.1) The term "person"

includes an individual or any partnership, corporation, association, or other legal entity, importer, broker, jobber or any agent, officer, or employe of any thereof.

(13) "Sell" or "Sale"

includes exchange.

(14) "Custom blend"

means a mixture of fertilizer materials, each batch of which mixture is mixed according to the specific instructions of the final purchaser and includes such other terms as "customer formula" and "buyer's mix".

(15) "Facility"

means each separate mill or plant used to produce fertilizer, soil conditioner or plant growth substance.

(16) "Tolerance"

means a permitted variation from the guarantee of an official sample of fertilizer, soil conditioner or plant growth substance.

(17) "Soil conditioners"

means those substances or mixture of substances intended for sale, offered for sale or sold for soil corrective purposes or claimed to be capable of producing any chemical or physical change in the soil.

(18) "Plant growth substances"

means those products which are sold for the promotion or alteration of plant growth or claimed to be effective for promoting or stimulating the growth of plants, increasing the productivity of soil or improving the quality of crops.

(19) "Enforcing official"

means the Secretary of Agriculture or his designee having responsibility for the administration and enforcement of the provisions of this act.

(20) "Guarantor"

means the person whose name appears on the label of fertilizer, specialty fertilizer, soil conditioner or plant growth substance.

§ 68.3. Registration.

(a) Each brand and grade of specialty fertilizer, soil conditioner and plant growth substance shall be registered by the guarantor with the Department of Agriculture before being offered for sale, sold or distributed in this Commonwealth. The application for registration shall be submitted to the secretary on forms furnished by the secretary and shall be accompanied by a fee of twenty-five dollars ($25) per brand and grade.

Fees so collected shall be paid into the State Treasury and shall be credited to the general government operations appropriation of the Department of Agriculture for the payment of the cost of inspection, sampling, analysis, and other expenses necessary for the administration of this act.

[additional provisions of this section to be inserted.]

§ 68.3a. Licensing.

[to be inserted.]

§ 68.4. Labeling.

[to be inserted.]

§ 68.5. Inspection fees; reports.

[to be inserted.]

§ 68.6. Inspection, sampling, analysis.

[to be inserted.]

§ 68.7. Plant nutrient deficiency.

[to be inserted.]

§ 68.8. Commercial value.

For the purpose of determining the commercial values to be applied under the provisions of section 7 [§ 68.7], the secretary shall determine and publish, annually, the values per pound of nitrogen, phosphoric acid, and potash in fertilizer in this Commonwealth. The values so determined and published shall be used in determining and assessing penalties.

§ 68.9. Minimum plant nutrient content.

[to be inserted.]

§ 68.10. False or misleading statements.

A fertilizer, soil conditioner or plant growth substance is misbranded, if it carries any false or misleading statement upon or attached to the container, or if false or misleading statements concerning its effects or results are made on the container, or in any advertising matter accompanying or associated with the fertilizer, soil conditioner or plant growth substance. It shall be unlawful to distribute a misbranded fertilizer, soil conditioner or plant growth substance.

§ 68.12. Publications.

[to be inserted.]

§ 68.13. Rules and Regulations.

The secretary is authorized to prescribe and, after public hearing following due public notice, to enforce such rules and regulations relating to the distribution of fertilizers, soil conditioners or plant growth substances as he may find necessary to carry into effect the provisions of this act.

§ 68.14. Short weight.

If any lot of fertilizer, soil conditioners or plant growth substances in the possession of the purchaser is found by the secretary to be short in weight, the registrant of said fertilizer, soil conditioners or plant growth substances shall, within thirty days after official notice from the secretary, pay to the purchaser a penalty equal to twice the value of the actual shortage.

§ 68.15. Revocation, suspension or denial of licenses and/or registrations.

After a hearing, the secretary may revoke, suspend or deny the issuance of a license or registration under this act if he finds that the applicant or holder has violated any provision of this act or of the regulations adopted hereto.

§ 68.16. "Stop Sale" orders.

[to be inserted.]

§ 68.17. Seizure, condemnation and sale.

[to be inserted.]

§ 68.18. Criminal penalties.

[to be inserted.]

§ 68.18a. Civil penalties.

[to be inserted.]

§ 68.18b. Civil remedy.

[to be inserted.]

§ 68.19. Exchange between manufacturers.

[to be inserted.]

§ 68.20. Appeals.

Any action of the secretary with respect to the registration of brands or the assessment of penalties shall be subject to appeal and review in accordance with the provisions of the act of June 4, 1945 (P.L. 11388) known as the "Administrative Agency Law".

§ 68.21. Repeal.

[to be inserted.]

§ 68.22. Effective date.

[to be inserted.]

§ 68.23. Violations committed prior to the effective date of this act.

[to be inserted.]

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