APPENDIX TO TITLE 3

AGRICULTURE

Supplementary Provisions of Amendatory Statutes

1994, DECEMBER 12, P.L.903, NO.131

§ 2. Responsibility for certain regulations.

(a) Department of Environmental Resources.--The Department of Environmental Resources may not administer nor enforce 25 Pa. Code Chs. 151 (relating to food establishments), 153 (relating to shellfish), 155 (relating to food vending machines) and 157 (relating to public places) and § 191.4 (relating to food service).

(b) Department of Agriculture.--The provisions of 25 Pa. Code Chs. 151, 153, 155 and 157 and § 191.4 have the same force and effect as regulations promulgated by the Department of Agriculture under the act of May 23, 1945 (P.L.926, No.369), referred to as the Public Eating and Drinking Place Law. The Department of Agriculture shall administer and enforce 25 Pa. Code Chs. 151, 153, 155 and 157 and § 191.4.

(c) Renumbering regulations.--The Department of Agriculture shall deposit a notice with the Legislative Reference Bureau renumbering the regulations transferred to the department by subsections (a) and (b) and making at that time needed editorial changes. Thereafter, the Department of Agriculture may amend the regulations from time to time in accordance with law.

Explanatory Note. Act 131 added Parts I through VIII of Title 3.

§ 3. Transfers.

All personnel, allocations, appropriations, contracts, agreements, rights, obligations, equipment, files, records and other materials which are employed, expended or used in connection with the functions performed by the Department of Environmental Resources under sections 1917-A and 1920-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, insofar as such sections pertain to 25 Pa. Code Chs. 151 (relating to food establishments), 153 (relating to shellfish), 155 (relating to food vending machines) and 157 (relating to public places) and § 191.4 (relating to food service) under the provisions of the act of May 23, 1945 (P.L.926, No.369), referred to as the Public Eating and Drinking Place Law, and under the provisions of the act of August 6, 1991 (P.L.321, No.32), known as the Egg Refrigeration Law, are transferred to the Department of Agriculture. The transfer of personnel is made with the same force and effect as if the personnel had been originally assigned to the Department of Agriculture. The transfer of allocations and appropriations is made with the same force and effect as if the allocations and appropriations had been originally made to the Department of Agriculture. The transfer of contracts, agreements, rights and obligations is made with the same force and effect as if the contracts, agreements, rights and obligations had been originally those of the Department of Agriculture. The transfer of equipment, files, records and other materials is made with the same force and effect as if the items had been originally the property of the Department of Agriculture.

§ 4. Continued powers.

The Department of Agriculture shall continue to exercise the powers and perform the duties by law heretofore vested in and imposed upon the Department of Environmental Resources by the act of May 23, 1945 (P.L.926, No.369), known as the Public Eating and Drinking Place Law; by sections 1917-A and 1920-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, insofar as they relate to the regulation of food establishments, shellfish, public places and food service at organized camps and campgrounds; and by the act of August 6, 1991 (P.L.321, No.32), known as the Egg Refrigeration Law.

§ 5. Exemption from certain registration fee.

A food establishment which is licensed as a public eating and drinking place pursuant to the applicable provisions of the act of May 23, 1945 (P.L.926, No.369), referred to as the Public Eating and Drinking Place Law, shall not be subject to the registration fee imposed by section 14(c) of the act of July 7, 1994 (P.L.421, No.70), known as the Food Act.

1998, OCTOBER 16, P.L.768, NO.94

Preamble

The General Assembly finds and declares as follows:

(1) It is the policy of the Commonwealth to conserve, protect and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products.

(2) It is also the policy of the Commonwealth that aquaculture is an agricultural activity which adds to the diversity of our food and fiber production system and should be conserved, protected and encouraged to develop and grow within this Commonwealth.

(3) Aquacultural production is a vital sector of Pennsylvania's agriculture, supplying fresh foodfish, ornamental species and over 70% of the trout stocked in the northeastern United States.

(4) Aquaculture has grown globally from 6,600,000 metric tons in 1966 to 15,900,000 metric tons in 1993. Aquaculture will continue to grow to contribute further to the Commonwealth's economy insofar as Pennsylvania is an industry leader and aquaculturally friendly.

(5) It is the policy of the Commonwealth that all levels of government work together under the leadership of the Department of Agriculture to create an atmosphere conducive to the further development and expansion of our aquacultural industry.

Explanatory Note. Act 94 added Chapter 42 of Title 3.

§ 2. Duties of Department of Agriculture.

The Department of Agriculture is directed to analyze needs for aquacultural research to determine the desirability and feasibility of acquiring via a public or private consortium one or both of the Federal fish research stations located within this Commonwealth should either or both of the stations become available.

2001, DECEMBER 13, P.L.876, NO.97

§ 2. Transition provisions.

(a) Licenses and registrations.--A license granted or registration made under the act of May 29, 1956 (1955 P.L.1795, No.598), known as the Pennsylvania Fertilizer, Soil Conditioner and Plant Growth Substance Law, in effect on the effective date of this act shall remain valid and in effect until its scheduled expiration date.

(b) Continuation of regulations.--Except to the extent that they are inconsistent with any provisions of this act, regulations promulgated under the act of May 29, 1956 (1955 P.L.1795, No.598), known as the Pennsylvania Fertilizer, Soil Conditioner and Plant Growth Substance Law, in effect on the effective date of this act shall continue in effect unless subsequently modified by regulations promulgated by the department under this act.

(c) Transfer of funds.--All funds made available to the department pursuant to the act of May 29, 1956 (1955 P.L.1795, No.598), known as the Pennsylvania Fertilizer, Soil Conditioner and Plant Growth Substance Law, which remain unexpended, uncommitted and unencumbered as of the effective date of this act, shall be transferred to the Agronomic Regulatory Account.

Explanatory Note. Act 97 added Chapters 67 and 69 of Title 3.

2004, NOVEMBER 29, P.L.1302, NO.164

§ 3. Continuation of regulations.

Except to the extent that they are inconsistent with any provisions of this act, regulations promulgated under the act of August 17, 1965 (P.L.354, No.187), known as The Pennsylvania Seed Act of 1965, and the act of April 11, 1929 (P.L.488, No.205), referred to as the Certified Seed Law, in effect on the effective date of this act shall continue in effect unless subsequently modified by regulations promulgated by the department under this act.

Explanatory Note. Act 164 amended section 6725 and added Chapter 71 of Title 3.

2005, JULY 6, P.L.112, NO.38

Preamble

The General Assembly of the Commonwealth of Pennsylvania declares that the Commonwealth has a vested and sincere interest in ensuring the long-term sustainability of agriculture and normal agricultural operations in a manner that is consistent with State policies and statutes. In furtherance of this goal, the Commonwealth has enacted statutes to protect and preserve agricultural operations for the production of food and other agricultural products.

The Commonwealth has also empowered local government units to protect the health, safety and welfare of their citizens and to ensure that normal agricultural operations do not negatively impact upon the health, safety and welfare of citizens.

It is the purpose of this act to ensure that when local government units exercise their responsibilities to protect the health, safety and welfare of their citizens in regulating normal agricultural operations, that ordinances are enacted consistent with the authority provided to local government units by the laws of this Commonwealth.

The General Assembly of the Commonwealth of Pennsylvania further declares that the intent of this act is to provide for the resolution of conflicts that may arise from the regulation of normal agricultural operations. It is further the intent of this act that this process:

(1) provides a dispassionate and unprejudiced legal review of local ordinances regulating normal agricultural operations to determine whether a local ordinance complies with the Commonwealth's existing statutes;

(2) reduces the costs associated with determining whether a local ordinance complies with the Commonwealth's existing statutes by utilizing current State resources and mechanisms; and

(3) provides for a prompt and fair resolution to the conflict.

Explanatory Note. Act 38 added Chapters 3 and 5 of Title 3.

§ 4. Continuation of prior law.

The addition of 3 Pa.C.S. Ch. 5 is a continuation of the act of May 20, 1993 (P.L.12, No.6), known as the Nutrient Management Act. The following apply:

(1) Except as otherwise provided in 3 Pa.C.S. Ch. 5, all activities initiated under the Nutrient Management Act shall continue and remain in full force and effect and may be completed under 3 Pa.C.S. Ch. 5. Orders, regulations, rules and decisions which were made under the Nutrient Management Act and which are in effect on the effective date of section 3 of this act shall remain in full force and effect until revoked, vacated or modified under 3 Pa.C.S. Ch. 5. Contracts and obligations entered into under the Nutrient Management Act are not affected nor impaired by the repeal of the Nutrient Management Act.

(2) Except as set forth in paragraph (3), any difference in language between 3 Pa.C.S. Ch. 5 and the Nutrient Management Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Nutrient Management Act.

(3) Paragraph (2) does not apply to the addition of any of the following provisions of 3 Pa.C.S.:

(i) Section 501.

(ii) Section 502(5).

(iii) The definitions of "animal housing facility," "concentrated animal feeding operation," "manure management facility" and "odor management plan" in section 503.

(iv) Section 504(1.1) and (2).

(v) Section 506.

(vi) Section 507.

(vii) Section 508.

(viii) Section 509.

(ix) Section 510(a), (d) and (e).

(x) Section 511(a).

(xi) Section 513.

(xii) Section 514(a), (c) and (d).

(xiii) Section 515.

(xiv) Section 519.

(xv) Section 521.

(xvi) Section 522.

(4) The addition of 3 Pa.C.S. Ch. 5 does not affect the terms of office of the members of the Nutrient Management Advisory Board in office on the effective date of this paragraph.

2006, JUNE 29, P.L.206, NO.51

Preamble

The General Assembly finds and declares as follows:

A Cervidae livestock operation is a normal agricultural operation of this Commonwealth. Cervidae livestock facilities and their equipment are considered to be agricultural facilities and equipment. Uses related to the farming and harvesting of cervids are to be considered agricultural uses regulated by the department.

The Secretary of Agriculture shall assure that Cervidae livestock operations are afforded all rights, privileges, opportunities and responsibilities of normal agricultural operations.

Explanatory Note. Act 51 amended sections 2303, 2380.1, 2380.4, 2380.5, 2380.6 and 2380.9 of Title 3.

2010, NOVEMBER 23, P.L.1039, NO.106

§ 7. Continuation of prior rules, regulations and standards.

Except to the extent they are inconsistent with any provision of this act, the rules, regulations and standards adopted by the department prior to the effective date of this act under authority of the statutes repealed in section 8 of this act, shall continue in effect unless subsequently modified or superseded by regulations promulgated by the Secretary of Agriculture of the Commonwealth.

Explanatory Note. Act 106 amended, added or repealed the heading of Chapter 57, Subchapters A and B of Chapter 57, Chapter 59, Chapter 61 and sections 6502, 6503, 6504, 6506, 6507, 6508, 6509, 6510 and 8101 of Title 3.

2016, OCTOBER 28, P.L.913, NO.114

§ 6. Continuation of prior law.

The addition of 3 Pa.C.S. Ch. 93 is a continuation of Article XXVIII-D of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. The following apply:

(1) Except as otherwise provided in 3 Pa.C.S. Ch. 93, all activities initiated under Article XXVIII-D of The Administrative Code of 1929 shall continue and remain in full force and effect and may be completed under 3 Pa.C.S. Ch. 93. Orders, regulations, rules and decisions which were made under Article XXVIII-D of The Administrative Code of 1929 and which are in effect on the effective date of section 5(2) of this act shall remain in full force and effect until revoked, vacated or modified under 3 Pa.C.S. Ch. 93. Contracts, obligations and collective bargaining agreements entered into under Article XXVIII-D of The Administrative Code of 1929 are not affected nor impaired by the repeal of Article XXVIII-D of The Administrative Code of 1929.

(2) Except as set forth in paragraph (3), any difference in language between 3 Pa.C.S. Ch. 93 and Article XXVIII-D of The Administrative Code of 1929 is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of Article XXVIII-D of The Administrative Code of 1929.

(3) Paragraph (2) does not apply to the addition of 3 Pa.C.S. § 9336(b), (b.1), (c), (d), (d.1) and (e).

Explanatory Note. Act 144 renumbered the former Part VIII and Chapter 81 headings and section 8101 and added a new Part VIII of Title 3 and repealed Article XXVIII-D of the act of April 9, 1929, P.L.177, No.175, known as The Administrative Code of 1929.

§ 7. Applicability.

The following shall apply:

(1) The addition of 3 Pa.C.S. § 9336(b), (c), (d), (e)(1) and (f) shall apply retroactively to February 23, 2016.

(2) The addition of 3 Pa.C.S. § 9336(a.1), (b.1), (d.1) and (e)(2) shall apply January 1, 2017.

2019, JULY 1, P.L.247, NO.34

§ 3. Continuation of prior law.

Continuation is as follows:

(1) (Reserved).

(2) The addition of 3 Pa.C.S. Ch. 109 is a continuation of the act of November 29, 2006 (P.L.1621, No.184), known as the Healthy Farms and Healthy Schools Act. The following apply:

(i) Except as otherwise provided in 3 Pa.C.S. Ch. 109, all activities initiated under the Healthy Farms and Healthy Schools Act shall continue and remain in full force and effect and may be completed under 3 Pa.C.S. Ch. 109. Orders, regulations, rules and decisions which were made under the Healthy Farms and Healthy Schools Act and which are in effect on the effective date of section 2 of this act shall remain in full force and effect until revoked, vacated or modified under 3 Pa.C.S. Ch. 109. Contracts, obligations and collective bargaining agreements entered into under the Healthy Farms and Healthy Schools Act are not affected nor impaired by the repeal of the Healthy Farms and Healthy Schools Act.

(ii) Except as set forth in subparagraph (iii), any difference in language between 3 Pa.C.S. Ch. 109 and the Healthy Farms and Healthy Schools Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Healthy Farms and Healthy Schools Act.

(iii) Subparagraph (ii) does not apply to the addition of the following provisions:

(A) 3 Pa.C.S. § 10903.

(B) 3 Pa.C.S. § 10904(a) and (b).

(C) 3 Pa.C.S. § 10907(c).

Explanatory Note. Act 34 added Chapter 109 of Title 3.

2019, JULY 1, P.L.263, NO.37

§ 3. Continuation of prior law.

Continuation is as follows:

(1) The addition of 3 Pa.C.S. Ch. 6 is a continuation of the act of December 12, 1994 (P.L.900, No.130), known as the Agriculture-Linked Investment Program Act. The following apply:

(i) Except as otherwise provided in 3 Pa.C.S. Ch. 6, all activities initiated under the Agriculture-Linked Investment Program Act shall continue and remain in full force and effect and may be completed under 3 Pa.C.S. Ch. 6. Orders, regulations, rules and decisions which were made under the Agriculture-Linked Investment Program Act and which are in effect on the effective date of section 2 of this act shall remain in full force and effect until revoked, vacated or modified under 3 Pa.C.S. Ch. 6. Contracts, obligations and collective bargaining agreements entered into under the Agriculture-Linked Investment Program Act are not affected nor impaired by the repeal of the Agriculture-Linked Investment Program Act.

(ii) Except as set forth in subparagraph (iii), any difference in language between 3 Pa.C.S. Ch. 6 and the Agriculture-Linked Investment Program Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Agriculture-Linked Investment Program Act.

(iii) Subparagraph (ii) does not apply to the addition of the following provisions:

(A) 3 Pa.C.S. § 602.

(B) The definitions of "agricultural erosion and sedimentation plan," "best management practices," "Conservation District Law," "eligible borrower," "manure management plan," "nutrient management plan," "odor management plan" and "The Clean Streams Law" in 3 Pa.C.S. § 603.

(C) 3 Pa.C.S. § 604.

(D) 3 Pa.C.S. § 605(a)(2) and (3), (c)(1) and (d)(1).

(2) (Reserved).

Explanatory Note. Act 37 added Chapter 6 of Title 3.