Printer's No.
PRIOR PRINTER'S NO. 2256
2277
THE GENEllAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1765
Session of
1969
INTRODUCED BY MESSRS. HETRICK, THOMAS, LAUDADIO, BOSSERT,· VANN,
RUSH, RIEGER, FRANK J. LYNCH, RENWICK, BURKARDT, KENNEDY,
MOORE, NITRAUER, SNARE, ZORD, RUANE AND W. W. WILT,
NOVEMBER 12, 1969
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND DAIRY INDUSTRIES,
HOU~E OF REPRESENTATIVES, AS AMENDED, NOVEMBER 17, 1969
AN ACT
Amending the act of June 5, 1957 (P. L. 248), entitled "An act
relating to the distribution, sale or transportation of
deficient or misbranded insecticides, fungicides,
rodenticides and other pesticides; regulating traffic
therein; providing for registration and examination of such
materials; and imposing penalties," providing for the
regulation of pesticides; further providing for the povers
and duties of the Secretary of Agriculture; providing for
licensing of vendors of pesticides, for control programs and
for a pesticide advisory board; appropriating certain moneys;
declaring certain acts to be unlavful and extending the
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1.
.The title and sections 1 and 2, _act of June 5,
1957 .(P. L. 248), known as_ the "Pennsylvania Pesticide Act of
1957, 11 are amended to read:
AN ACT
Relating to the distribution, sale or transportation of
[deficient or misbranded] insecticides, fungicide_s,
rodenticides and all other pesticides, including restricted,
deficient and misbranded pesticides; regulating traffic
1
therein; providing for registration and examination of such
2
materials; providing for licensing of vendors of such
3
materials; and imposing penalties.
4
Section 1.
5
Short Title.--This act shall be known and may be
cited as the "Pennsylvania Pestici,de Act." [of 1957]
6
Section 2.
7
(1)
Definitions.--As us~d in this act--
"Pesticide" means, but is not limited to,
Ci! any
8
substance or mixture of substances, including any living
9
organism or any product derived therefrom, intended for
,
10
preventing, destroying, controlling, repelling, attractingL or
11
mitigating any [insects, rodents, fungi, weeds or other forms of
12
plant or animal life or viruses, except 'viruses on or in living
13
man or other animals which the secretary shall declare to be a)
14
pest, (iii
15
used as a plant regulator, defoliant or desiccant,
16
spray adjuvant, such as a wetting agentL-spreading agent,
17
deposit builder, adhesive, emulsifying agent, deflocculating
18
agent, water modifier, or similar aqent with or without toxic
19
properties of its own intended to be used with any other
20
pesticide as an aid t2 the
21
~n~bstance
or mixture of substances intended to be
applic~tion
(iii) any
or effect thereof,
,whether or nol distributed in a package or container separate
22
from that of the pesticide with which it is to be nsed, and (iv)
23
!!!!,Y_Other
24
the secretary.
25
(1.11
s~bstances
intended for such nse as may be named
gy
"Restricted use pesticide" means highly toxic
26
pesticide and any other pesticide which'the secretary finds is
27
so hazardous to man, or his environment, animal or crop, except
28
the pest or vegetation which it is intended to destroy, that
29
restrictions on its sale, purchase, use or possession are
30
necessary to protect the public.
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1
(1. 21
"Pest"' means, but is not limited to, any insect,
2
fungus, rodent, nematode, snail, slug, weed and any other form
3
of plant or animal life or virus (except virus on or in living
I
man or other animal) which is normally considered to be a pest
> or which the secretary may declare to be a pest.
>
(2)
"Insecticide" means any substance or mixture of
substances intended for preventing, destroying, repelling or
mitigating any insects which may be present in any environment
whatsoever.
(3)
"Fungicide" means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any
fungi.
(II)
"Rodenticide" means any substance or mixture of
substances intended for preventing, destroying, repelling or
mitigating rodents or any other vertebrate animal which the
secretary shall declare to be a pest.
(5)
11
Herbicide 11 means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any
weed[, and shall include defoliants, deflorants and those
hormone-like substances which may be used to regulate the growth
of plants].
(5.11
"Nematicide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
nematodes.
(5.2)
"Nematode" means invertebrate animals of the phylum
nemathelminthes and class Nematoda, that is unsegmented round
worms with elongated, fusiform, or sac-like bodies covered with
cuticle, and inhabiting soil, water, plants, or plant parts; may
also be called nemas'or 'eelworms.
(5.3)
"Snails or slugs" include all harmful mollusks.
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1
(6)
"Insect" means any of the numerous small invertebrate
2
animals generally having the body more or less obviously
3
segmented, for the most part belonging to the class insecta
4
comprising six-legged, usually winged forms, as, _for example,
5
beetles, bugs, wasps and flies, and to other allied classes of
6
(arthropodes] arthropods whose members are wingless and usually
7
have more than six legs as, for example, spiders, mites, ticks,
8
centipedes, and wood lice. (and shall include namatodes]
0
9
(7)
"Fungi" means all non-chlorophyll-bearing thall ophytes
10
(that is all non-chlorophyll-bearing plants of a lower-order
11
than mosses and liverworts) as, for example, rusts, smuts,
12
mildews, molds, yeasts and bacteria, except those on or in
13
living man or other animals.
14
15
16
17
18
(7. 1)
"Virus" means a chemical substl:!_nce that may or may· not
be living which causes disease in plants and animals.
(8)
"Weed" means any plant ,or part thereof which grows
where not wanted.
(8.1)
"Defoliant" means any subEtance or mixture of
19
substances intended to cause the leaves or foliage to· drop from.
20
a plant with or without causing abscission.
21
10~2r
-..-De.siccant" -nieans -any substance-or-mixture-of. -
22
substances intended to artificially accelerate the drying of
23
plant tissues.·
24
(8. 31
"Plant regulator" means any substance or mixture of
25
substances intended through physiological action, to accelerate
26
or retard-the rate of growth or maturation, or to otherwise
27
alter the behavior of plants but shall nQt include substances in
28
so far as they are intended to be used as plant nutrients, trace
29
elements, nutritional chemicals, plant inoculants or soil
30
amendments.
-
4 ·-
1
(9)
"Ingredient statement" means, either -
2
(i)
for labelling purposes, a statement of the name and
3
percentage-of each active ingredient together vith the total
~
percentage of the inert ingredients in a pesticide; .or.
5
(ii) for registration.purposes, a statement of the name and
5
percentage of· _each active ingredient, together vi th. the name [of
7
each] and [total] the percentage of [the] each inert
3
[ingredients] ingredient and solvent, if any, in the pe_sticide.
~
[except clause (i) shall apply if the preparation is for
l
agricultural use or is highly toxic to man determined as
provided in section 6-of this act, and in addition to clauses
(i) and (ii),- if] If the pesticide contains arsenic in any_ form,
a statement of the percentages of total and vater soluble
arsenic each-calculated as elemental arsenic.
(10)
11
Active.ingredient 11 ,means an ingredient vhich vill
prevent,-destroy, repel or mitigate insects, fungi,,rodents,
veeds or other pests.
(11)
~Inert
'
--
ingredient" means an ingredient vhich is not an
active ingredient.
( 11.1)
"Selvett." "SOLVENT" means a liquid such as water,-
kerosene or alcohol that will dissolve a pesticide chemical •
. (12),. "Antidote" means the most practical ·immediate treatment
in case of poisoning and includes first_ aid _trea_tment.
(13) . "Person". means any individual, pa_rtnership,
association, corporation or ?rganized group of persons, whether
incorporated.or not._
(14)
"Secretary" means the Secretary of Agriculture -of -,the
Commonvealth-_of Pennsylvania. ·-·-.
(111.1)
(15)
"Board" means the Pesticide Advisory -Board. , .. j
•
"Registrant" means the person registering any ,pesticide
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1
2
pursuant to the provisions of this act.
(15.1)
"Vendor" means a peson who sells, offers to sell, or
3
possesses with intent to sell any pesticide, at any one
4
location, to the ultimate user.
5
(16)
"Label" means the written, printed or graphic matter on
6
or attached to the pesticide or the immediate container thereof
7
and the outside container or wrapper' of the retail package, if
8
any, of the pesticide.
9
10
(17)
"Labeling" means all labels and other written, printed
or graphic matter:
11
(ii,
12
(ii)
13
(iii)
upon the pesticide or any of its containers or wrappers;'
accompanying the pesticide at any time; and
to which reference is made on the label or in
14
literature accompanying the pesticide, except when accurate
15
non-misleading reference is made to current official
16
publications of the United States Departments of Agriculture,
17
Interior, Health, Education and Welfare, state Experiment
18
Stations, state Agricultural Colleges or other similar Federal
19
institutions or official agencies of this Commonwealth or other
20
states authorized by law to conduct research in the field of
·. · 21' pesticides.' 22
(18)
"Deficient" applies to any pesticide if its strength or
23
purity falls below the (profused) standard or quality as
24
expressed on labeling or under which it is sold, or if any
25
substance has been substituted wholly or in part for the
26
article, or if any valuable constituent of the'article has been
27
wholly or in part abstracted.
28
29
30
Section 2.
Section 4 Of the act is amended by adding a new
subsection to read:
Section 4.
Prohibited Acts.--* * *
-6~
"' ,,
1
{c)
It shall be unlawful--
2
(11
To hold or offer for sale, sell or distribute restricted
3
use pesticides without a license and unless the person to whom
4
the sale is made, or his agent to whom delivery is made, signs a
5
written statement on a form prescribed by the secretary, that
6
the purchaser or user holds a valid permit to purchase or· use
7
such restricted pesticides.
B
9
0
(21
To purchase, use, or possess restricted use pesticides
without a purchase or use permit.(3)
,
To purchase, use, or dispose of restricted use
1
pesticides or their containers in a manner other than those
2
stated on.the purchase or use permit or in the labeling.
l
I
i
Section 3. - Subsection (b) of section 5 of the act,.amended
April .3, 1968, (Act No. 36), _is amended to read: S~ction.5.
(b)
_Registrati~n.
--* * *
Each _pesticide shall be registered with the secretary
before being offered for sale, sold or otherwise distributed in
this Commonwealth._ The application _for registration shall be
submitted to the secretary_ on forms which he shall supply, and
shall be accompanied by a fee of ten dollars _($_10) _per brand.
Upon approval by the secretary,· a copy_of the registration shall
be furnished to the applicant. The registration fee shall be
reviewed by the secretary from time to time and shall be
revised, after hearing, if he determines such revision to be
necessary to sustain the cost of administering this act. All
registrations,. licenses and· permits shall -expire on [the
thirty-first day_ of December of each_year.- The
and fines,· whem
c~llected,
r~gistration
fees
shall be _·paid _into_ the __Stat!' Trea.su_ry
and s!>all _be cred_i_ted_ to .the general _g~vern_me11t. operati_on_s · · : :• .'
appropriation of, the nepartm_en1; _of'_ Agricultur_e for the
-
7 ,- --
p~yment
·: ..
1
of the costs of inspection, sampling, analysis and other
2
expenses necessary for the administration of this act.] dates
3
determined by the secretary.
4
* **
5
Section 4.
6
7
The act is amended by adding three new sections
to read:
Section 5.1.
Licenses.--All vendors shall be licensed by the
8
secretary annually. on forms provided by him, showing the name
9
and address of the vendor, the gross dollar value of pesticide
10
sales of that vendor during the preceding twelve months. The
11
secretary shall require payment of !il ten dollars ($10) from
12
each vendor selling pesticides having a total value of one
13
thousand dollars ($1,000J or less annually;
14
dollars ($25! from vendors selling pesticides having a total
15
value of more than one thousand dollars ($1,000) but not· more
16
than ten thousand dollars ($10,000) annually, and (iii) fifty
17
dollars ($50) from vendors selling pesticides having a total
18
value of more than ten thousand dollars ($10,000J·annually. The
19
secretary shall review these license fees from time to time and
!O
shall revise them, after hearing if he determines such revision
!1
to be· necessary-to sustain-the-cost-of administering this act.
!2
section 5.2.
(ii) twenty-five
Permits.--Restricted use pesticides may be
!3
purchased or used only under an annual permit of the secretary.
!4
such permit shall be issued by the secretary on a form supplied
!5
by him. Authorization for a permit to purchase or use restricted
!6
use pesticides shall be based upon a certificate issued by the
?7
secretary, or other person designated by him, certifying that
!8
the purchaser or user is a bona fide agricultural, commercial,
!9
or industrial user of restricted use pesticides necessary for ·
JO
the operation of his business. Every permit is conditioned upon
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application accompanied by the certificate, and upon compliance
!
with the regulations of the secretary.
Section 5.3.
Refusal, Revocation, Suspension of License or
Permit.--The secretary may refuse, revoke, or, suspend the permit
or license of' anyone who ,has violated any law or rule upon which
permit or license was issued or ,for violations during the
previous permit or license year, upon notice to the permittee or
licensee of his intention to so refuse, revoke, or suspend,
citing reasons therefor. The permittee or licensee shall have
<--
fifteea THIRTY days thereafter in which to request a hearing ou
the secretary's intention to refuse, revoke, or suspend permit
or license; and, upon permittee•s or licensee's failure to
request a hearing within said time, the refusal, revocation or
suspension shall become final without further notice or
<--
procedure. THE NOTICE TO THE PERMITTEE OR LICENSEE SHALL STATE
IN BOLD FACE PRINT THAT HE MAY ,REQUEST A HEARING ON THE MATTER
WITHIN THIRTY DAYS.
Section 5.
Subsections, (a) and (b) of, section 6 of the act
are amended to read:
Section 6., Determinations, Rules, Regul,ations, ,- ,
Uniformity.--(a) , The_ secretary may, after _opportunity for a,
hearing and with the approval of a majority of the board:
(1) ,,, Declare as ,,a pest, any form of plant, or animal life or· ·
virus which is injuri,ous, to plants, men, domestic animals,
articles or subs,tances;
(2)
Determine whether pesticides are
lil..,hig~ly
toxic to,man,
and/or (iii so hazardous to man or his environment that they
must be regulated to protect' the public and therefor determined
to be a restricted use pesticide; and
(3)
Determine
,s_!,~n_d_ards
_ ,,,,_
,,,
of coloring _or_:cl.,:i,"co_lo_r!ng for
9 -
: '
1
pesticides and to subject pesticides to the requirements of
2
section I! (a)
3
(b)
(I!)
of this act.
The secretary [may] shall after due public hearing, make
4
rules and regulations for carrying out the provisions of this
5
act,· including rules and regulations providing for the
6
collection and examination of samples of pesticides.
7
* * *
8
Section 6.
9
Section 6 of the act is amended by adding three
new subsections to read:
10
Section 6.
11
Determinations, Rules, Regulations,
Uniformity.--* * *
12
(dl
The secretary shall adopt technical regulations which
13
S!?.vern the purchase and use of restricted use pesticides, with
14
the majority approval of the board. The regulations may
15
prescribe the area, time, amount,'·and other conditions deemed
16
necessary to avoid injury, under which a restricted use
17
pesticide may be used.
18
(el
The secretary may, after· due public hearing and the
19
majority approval of the board, regulate the sale, purchase,
20
use, possession, or disposal of restricted use pesticides.
21 ·.
. (fl ... The secretary- may authorize the .use of restricted use
22
pesticides in a controlled program of. production of agricultural
23
products or program to preserve or conserve natural resources.
24
The use of restricted use pesticides shall ·comply with the
25
tolerance levels set by the Federal Food and Drug
26
Administration," or within
27
the secretary and by the Dean of the College of Agriculture of
28
The Pennsylvania State University. -The secretary shall, on the
29
'basis of the results of test programs and the approval of the · :
30
board, require the use of the·least toxic pesticide required for
guidelines~considered
10 ·- -
to be safe by
1
use in a control program. All new control programs shall be
2
approved by the board as to the chemical and biological aspects
3
of the program.
I
;
>
Section-7.
The act is amended by_ adding a new section to
read:
Section 6.1.
Pesticide Advisory Board; nuties.--(a)
There
is hereby created a Pesticide Advisory Board-which shall be the
Governor's Pesticide Committee consisting of the Secretary of
Agriculture, the Secretary of Forests and Waters, the secretary
of Health, the Secretary of Highways, the Executive Director of
the Pennsylvania Game Commission, the Executive Director of the
Pennsylvania Fish Commission -a-J<.4, the Director of the Research
<--
Service and the Director of the Extension Service of the College
<--
of Agriculture of The Pennsylvania state University, THE
CHAIRMAN OF THE COMMITTEE ON AGRICULTURE OF THE HOUSE OF
REPRESENTATIVES, AND THE CHAIRMAN OF THE COl'l!'IITTEE ON
,,
AGRICULTURE OF THE SENATE.
(bl
The board shall advise the secretary on any or all
problems relating to pesticides.
',,
(c) - The members of the board shall meet at such time and at
such place as shall be specified by the call of the secretary,
the chairman, or a majority of the board.
Section 8.
1
•
_Section 8 of the act is amended by adding a new·
subsection -to read:
Section 8. Exemptions.--* * *
(c)
Registration or licensing shall not- be required for such
materials· in common household use, such as soaps, soapless
detergents,. household disinfectants and similar products forwhich the manufacturer claims bactericidal;'bacteriostatic, or
fungicidal properties.
- 11 -
1
Section 9.
Section 9 of the act is
2
Section 9.
Penalties.--(a)
r~enacted
to read:
Any person violating any of the
3
provisions of this act or any rule, regulation or order made
4
pursuant to this act shall, for the first or second offense,
5
upon conviction thereof in a summary proceeding, be sentenced to
6
pay a fine of not less than fifty dollars ($50) nor more than
7
one hundred ($100) and costs of prosecution, and in default of
8
payment thereof, shall be sentenced to undergo imprisonment for
9
not more than thirty days, and for a third or subsequent_ offense
convic~ion
10
shall be guilty _of a misdemeanor,_ and shall, upon
11
thereof, be sentenced to pay a fine of not less than five
12
hundred dollars ($500) nor more than one thousand dollars
13
($1000)< or to_undergo imprisonment not exceeding one year, or
14
both. Any offense committed more than five years after a
15
previous conviction shall be considered a first offense. In any
16
case where a registrant was issued a warning by the secretary_
17
pursuant to the provision of this act, the_ registrant shall,
18
upon conviction of a violation of any provision of this_act,
19
other than section 4 (a)
20
thousand dollars ($1000) or imprisoned for not more than one
21
year1- or--both,-- and the registration-of __ the article with-
22
reference to which the violation occurred shall terminate
23
automatically. An article, the registration of which has been
24
terminated, may not again be registered, unless the article, its
25
labeling and other material required to be submitted, appear to
26
the secretary to comply with all-the requirements of this act.
27
(b)
(1), be fined not more than one
Notwithstanding any,_other_ provisions of this section, in
28
case any person who, with intent ,to _defraud,_- uses or reveals_
29
information relative to __formulas-_of _p_ro_ducts acquired under
30
authority of section 5 of this act, upon conviction thereof in a
-
12 -
, -
summary proceeding, shall be fined not less than two hundred
2
dollars ($200) nor more than five hundred dollars ($500), or
~
imprisoned for not more than one year, or both.
J
5
i
Section 10.
The act is amended by adding a new section to
read:
Section 12.1.
Appropriation of Fees and Fines.--The
registration fees, license fees and fines when collected shall
be paid into the state Treasury and shall be credited to the
general uovernment operations appropriation of the Department of
Agriculture AS A CONTINUING APPROPRIATION for the payment of the.<-costs of registration, licensing, granting of permits,
inspection, sampling, analysis and other expenses necessary for
the administration of this act and
et~e£
asts. THE "UNIFORM
PESTICIDE USE AND APPLICATION ACT. 11
Section 11.
This act shall take effect immediately but no
license or permit shall be required, and no penalty shall be
imposed before July 1, 1970.
JL32RC
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