An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in plants and plant products, providing for plant and pollinator protection; conferring powers and duties on the Department of Agriculture and Secretary of Agriculture; establishing the Plant and Pollinator Protection Committee and the Plant and Pollinator Protection Account; repealing provisions relating to bees; imposing penalties; and making repeals.

PRINTER'S NO. 1431
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1277
Session of
2025
INTRODUCED BY RABB, MADDEN, PIELLI, GIRAL, WAXMAN, BURGOS,
HOWARD, KHAN, GUENST, PROBST, HILL-EVANS, KENYATTA, WEBSTER,
SANCHEZ, JAMES, HOHENSTEIN, BRENNAN, SHUSTERMAN AND WARREN,
APRIL 21, 2025
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 21, 2025
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in plants and plant products, providing for plant
and pollinator protection; conferring powers and duties on
the Department of Agriculture and Secretary of Agriculture;
establishing the Plant and Pollinator Protection Committee
and the Plant and Pollinator Protection Account; repealing
provisions relating to bees; imposing penalties; and making
repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part III of Title 3 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 16
PLANT AND POLLINATOR PROTECTION
Subchapter
A. General Provisions
B. Licensure and Certification
C. Enforcement
D. Miscellaneous Provisions
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SUBCHAPTER A
GENERAL PROVISIONS
Sec.
1601. Short title.
1602. Definitions.
1603. Right of entry.
1604. Inspections, sampling, testing and certifications.
1605. Regulations, orders and pest tolerances.
1606. Surveys to determine existence of plant and pollinator
pests.
1607. Proceedings upon finding plant or pollinator pests.
1608. Invasive species or plant contaminants being moved by
plant merchants or pollinator operations.
1609. Stop orders.
1610. Quarantines.
§ 1601. Short title.
This chapter shall be known and may be cited as the Plant and
Pollinator Protection Act.
§ 1602. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Apiary." A place where one or more colonies or nucleus
colonies of honey bees are kept.
"Beekeeper." A person that manages honey bees.
"Beekeeper location." The primary address for a beekeeper
who manages honey bees primarily for personal use but does not
engage in other commercial pollinator transactions.
"Business location." Premises where distribution of plants
for planting or managed pollinators takes place. This also
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includes the primary address of a commercial beekeeper.
"Colony." A distinguishable, localized population of bees in
any life stage and associated comb, honey and pollen.
"Commodity." An item for sale.
"Compliance agreement." A written agreement between the
department and a person engaged in distributing regulated
articles wherein the person engaged in distributing regulated
articles agrees to comply with specified provisions and follow
specified business practices to prevent dissemination of pests.
"Control." The reduction of the population of a plant or
pollinator pest to an acceptable level as determined by the
department.
"Department." The Department of Agriculture of the
Commonwealth.
"Distribute" or "distribution." To make offers or
solicitations for the sale, resale, barter, exchange, loan,
lease, distribution or transfer of managed pollinators or plants
for planting.
"Eradication." The elimination or removal of a pest from a
defined geographic area.
"General quarantine order." An order of the department
pertaining to an area or locality within this Commonwealth to
restrict the movement of or prevent the spread, sale,
distribution or other disposition of a plant, plant product,
pollinator, pollinator product, pest, premises or any other
regulated article from movement into, within or from the area or
locality subject to the quarantine. A general quarantine order
may encompass the entire Commonwealth.
"Hive." A structure, including natural or artificial boxes,
containers or receptacles, or any part thereof, including
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frames, which may be utilized by a beekeeper as a domicile for
bees where the bees are expected to inhabit and establish a
colony.
"Honey bee." Any life stage of the common honey bee ( Apis
mellifera ) .
"Inspector." An employee or officer of the department or a
representative or agent of the department duly appointed by the
secretary to carry out the provisions of this chapter.
"Interstate quarantine order" or "international quarantine
order." An order of the department establishing restrictions
upon the use, sale, distribution, movement or other disposition
of a plant, plant product, pollinator, pollinator product, pest,
premises or any other regulated article contaminated with,
exposed to, harboring or capable of harboring or spreading a
pest, and regulating or forbidding their entry into this
Commonwealth from another state, territory of the United States
or a foreign country.
"Invasive species." A nonnative species whose introduction
causes or is likely to cause economic or environmental harm or
harm to animal or human health, as determined by the department.
"License." Written authorization issued by the department
and required for every plant merchant, pollinator operation or
person to operate a business or manage premises on which the
distribution of plants for planting or managed pollinators or
the maintenance of honey bees takes place.
"Licensed establishment." An establishment licensed or
required to be licensed under this chapter.
"Licensed person." A person licensed or required to be
licensed under this chapter.
"Managed pollinator." Honey bees being kept for any purpose,
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and any other pollinators, such as bumble bees (genus Bombus ),
mason bees (genus Osmia ) or leafcutter bees (genus Megachile )
being distributed for purposes of pollination services.
"Nucleus colony." A small colony of honey bees that usually
includes a queen, brood and food resources on a comb, and is
categorized by size, such as six-frame, five-frame, baby frame,
deep frame or medium frame, or queen status, such as queenright
or queenless.
"Out yard." Fixed premises in this Commonwealth where an
apiary is maintained on a continuing basis from which hives may
be moved to temporary locations for crop pollination and
returned.
"Package bees." A container, usually sold by weight, in
which worker honey bees, with or without a queen, are contained
temporarily without forming a colony.
"Person." An individual, corporation, association,
partnership or any other entity, including a Federal, State and
local governmental entity.
"Pest." An organism causing or capable of causing injury or
damage to plants or plant products, and pollinators or
pollinator products, as determined by the department. The term
includes disease-causing pathogens, parasites, other plants and
insects and invasive species capable of causing injury to plants
or pollinators.
"Phytosanitary." Having the purpose of preventing or
mitigating the introduction or spread of plant pests or limiting
the economic impact of plant pests.
"Phytosanitary certificate." A document authorized or
prepared by the department that affirms, declares or verifies
that an article, nursery stock, plant product or any other
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article regulated under this chapter meets plant health
standards and requirements of an intended receiving
municipality, state or country.
"Plant" or "plant product." A plant or portion of a plant,
whether living or dead.
"Plant contaminant." A biological, chemical or radiological
substance which in sufficient concentration in plants can
adversely affect other living organisms.
"Plant merchant." Any of the following:
(1) A person that owns, leases, manages or is in charge
of a business location, premises or nursery and grows,
warehouses, displays, stores or in any manner keeps,
maintains or deals with plants for planting for distribution.
(2) A person that buys or obtains on consignment plants
for planting for the purpose of distributing.
(3) A person that is a commercial distributor of plants
for planting.
(4) A person, such as a landscaper, that is engaged in
the distribution of plants for the purpose of planting or
transplanting for others or grows, maintains, warehouses or
deals with plants for planting distribution to others.
(5) A person that distributes plants for planting to
others as a premium, promotion or advertisement or for
research purposes.
(6) A person that advertises plants for planting for
distribution.
(7) A person that brokers or solicits orders for the
distribution of plants for planting.
(8) A person that collects native plants or parts of
plants to be sold or grown for plants for planting.
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"Plants for planting." Living plants and parts of living
plants intended to remain planted, to be planted or to be
replanted to ensure their subsequent growth, reproduction or
propagation. The term pertains to living plants and includes all
trees, shrubs, brambles, woody vines, woody florist stock,
herbaceous perennials, vegetable plants, bulbs, bedding and
other annual herbaceous plants, their roots, cuttings, grafts,
scions, buds, fruit pits, seeds and their parts for propagation,
except field crop seeds, vegetable seeds and flower seeds,
regardless of where these plants or plant materials may have
been grown or are growing.
"Pollinator." An insect that moves pollen from plants to
fertilize other plants for the purpose of plant reproduction.
"Pollinator certificate of inspection." A document
authorized or prepared by the department or by a recognized
official of the country, state or territory of origin that
affirms, attests or verifies that items such as colonies, hives,
nucleus colonies, queens, package bees, managed pollinators or
other regulated articles offered for distribution meet health
requirements established by the authorized signatory agency.
"Pollinator operation." Any of the following:
(1) A beekeeper, whether managing honey bees for
commercial business or personal use.
(2) A person that offers live honey bees or other
managed pollinators for sale or distribution.
(3) A person that buys or obtains on consignment managed
pollinators for the purpose of distribution.
(4) A person that commercially distributes managed
pollinators.
(5) A person that distributes managed pollinators to
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others as a premium, promotion or advertisement or for
research purposes.
(6) A person that advertises managed pollinators for
distribution.
(7) A person that brokers or solicits orders for the
distribution of managed pollinators.
(8) A person, such as a business, school, club or
association, that manages honey bees for educational or
therapeutic purposes, the organization's use, research or any
similar purpose.
"Premises."
(1) Any of the following:
(i) A definite portion of real estate.
(ii) Land with its appurtenances, including any
structure erected thereon.
(iii) A vehicle or vessel used in transporting
passengers, goods, plants, pollinators or their products
by land, air or water.
(2) As used in this chapter, the term shall be liberally
construed.
"Quarantine order." An order of the department establishing
restrictions upon the use, sale, distribution, movement or other
disposition of a plant, plant product, pollinator, pollinator
product, pest, premises or any other regulated article
contaminated with, exposed to, harboring or capable of harboring
or spreading a pest, that is required to eradicate, contain,
control or prevent contamination by or exposure to a pest.
"Queen." The dominant reproductive female insect recognized
within the colony.
"Regulated article." A plant, plant product, pollinator,
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pollinator product, hive, storage place, packaging, premises,
facility, vehicle, building, tools and equipment, conveyance,
container, soil and any other organism, object, goods, product
or material capable of harboring or spreading pests or
potentially exposed to pests that are subject to regulatory
measures.
"Remote location." Any of the following:
(1) A premise that is owned, leased, managed or used by
a plant merchant, pollinator operation or other person and
where plants for planting or managed pollinators are kept,
maintained, managed, displayed, warehoused, stored or grown
for the purpose of distribution at or through a physically
separate business location.
(2) An out yard and other location where managed
pollinators are kept, other than the beekeeper location or
business location.
"Secretary." The Secretary of Agriculture of the
Commonwealth.
"Special quarantine order." An order of the department
covering a single premises, person or business location that
establishes restrictions upon the use, sale, distribution,
movement or other disposition of a plant, plant product,
pollinator, pollinator product, pest or any other regulated
article contaminated with, exposed to, harboring or capable of
harboring or spreading a pest.
"Stop order." A written notice issued by the department to
the owner or custodian of a plant, plant product, managed
pollinators or other regulated article that prohibits the sale
or movement of plants, plant products, managed pollinators or
other regulated articles, including an article or object subject
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to a quarantine order issued by the department.
"Systems approach." The application of different pest risk
management measures, at least two of which act independently but
with cumulative effect, to apply the appropriate level of
phytosanitary protection. The term includes measures which do
not kill pests or reduce their prevalence, but reduce their
potential for entry or establishment, such as safeguarding.
"Treatment order." A written order of the department
specifying certain measures to be taken to control or eradicate
a pest, including destruction of plants, plant products,
pollinators, hives or other regulated articles harboring or
capable of harboring or spreading a pest.
§ 1603. Right of entry.
(a) Right of entry to licensed person.--
(1) With regard to licensed persons or persons required
to be licensed under this chapter, in the performance of the
duties required by this chapter, the department or an
inspector for the department shall have the authority to,
within reasonable hours, enter a premises, business location,
remote location, out yard, building or vehicle for the
purpose of investigating and sampling regulated articles and
enforcement of this chapter.
(2) The department or an inspector for the department
may open, inspect and sample a bundle, package or other
container of regulated articles to test for pests and to
carry out control measures as established in this chapter.
(3) The department or an inspector for the department
shall be provided, upon request, access to records for the
purpose of review, inspection or copying of the records
required to be kept under this chapter.
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(4) A person may not:
(i) deny access to the department or an inspector
for the department;
(ii) hinder, thwart, cause undue delay or defeat
inspection or other necessary activity by
misrepresentation or concealment of facts or conditions;
or
(iii) interfere with the department or an inspector
for the department as specified in section 1621 (relating
to interference with inspector).
(b) Right of entry to private property.--
(1) The department or an inspector for the department
shall have the authority to enter onto the premises of a
person not subject to the licensure requirements of this
chapter for the purpose of investigation and enforcement of
this chapter, including the collection of samples for testing
of pests and to carry out control measures as established in
this chapter.
(2) Once on the premises, the department or an inspector
for the department must present themselves to the owner or
keeper of the property and obtain the permission of the owner
or a search warrant to enter or search an enclosed or fenced
area of the premises and any building, vehicle, vessel,
article, machine or conveyance located on the premises. The
department or an inspector for the department shall be
provided access to records for the purpose of review,
inspection and copying of the records when requested and as
required for proper enforcement of this chapter.
(c) Refusal of entry.--
(1) A person required to be licensed under this chapter
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may not refuse entry to the department or an inspector for
the department acting under the authority of this chapter.
Refusing entry shall include:
(i) Preventing the department or an inspector for
the department from entering the premises, a building or
other area of the licensed establishment where regulated
articles or records are kept or present or where there
exists reasonable suspicion that regulated articles or
records are kept or present.
(ii) Preventing the department or an inspector for
the department from inspecting a regulated article under
this chapter, including access to and inspection of
required records.
(iii) Hiding or concealing a regulated article,
including records, from the department or an inspector
for the department.
(iv) Hiding, concealing or failure to disclose a
business location, including a remote location or an out
yard.
(v) An act or omission that prevents the department
or an inspector for the department from gaining entry or
access to the premises, buildings, regulated articles or
areas of the licensed establishment where regulated
articles are kept or present.
(vi) Any other act that hinders, interferes with or
causes unreasonable delay to the enforcement of this
chapter.
(2) The following apply:
(i) If the department or an inspector for the
department attempts an inspection under this chapter and
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no person is present to grant access to the establishment
or place to be inspected, the department or an inspector
for the department may post a notice of inspection on an
entrance to the establishment, indicating the need for
access to the establishment for purpose of inspection
within 36 hours from the time of posting.
(ii) Failure to permit an inspection within the 36-
hour time period on the notice under subparagraph (i)
shall constitute a refusal of entry under this
subsection, unless, within the 36-hour time period, the
owner of the establishment to be inspected contacts the
department or an inspector for the department that posted
the notice of inspection and both parties agree upon a
different date or time. Entering into an agreement under
this subparagraph shall be at the sole discretion of the
department.
(d) Search warrants.--An inspector or employee of the
department may apply for a search warrant to a court of
competent jurisdiction authorized to issue a search warrant for
the purposes of inspecting, examining, sampling and surveying
the premises, plants, managed pollinators and other regulated
articles and records of licensed persons or persons required to
be licensed under this chapter. A warrant may be issued for a
person not subject to the licensure requirements of this chapter
if there is reasonable suspicion that a pest exists on the
premises. The warrant shall be issued upon probable cause. The
following apply:
(1) If a person is subject to the licensure requirements
of this chapter, probable cause shall exist upon a showing by
the department of any of the following:
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(i) That access or entry for the purpose of
inspection or examination has been refused as specified
in subsection (c).
(ii) The department has reasonable suspicion to
believe that a violation of this chapter or a provision,
rule, regulation or order adopted under this chapter has
occurred or is occurring.
(iii) The department has reasonable suspicion to
believe that the premises or a regulated article that is
or has been kept on the premises carries or is at risk of
carrying pests or has been exposed to pests.
(2) A search warrant shall be issued upon the showing of
probable cause that a violation of this chapter or a
provision, rule, regulation or order adopted under this
chapter, has occurred or is occurring on the premises, or
upon reasonable suspicion that a pest exists on the premises
or that a regulated article that is or has been kept on the
premises carries or is at risk of carrying pests or has been
exposed to pests.
(3) The search warrant shall describe the premises,
including the address and name of the company or owner, if
known, which may be searched under authority of the search
warrant, but need not describe the plant, plant products,
managed pollinators or other regulated articles which may be
searched or detained and are alleged to harbor, be capable of
harboring, carry or be at risk of carrying pests or have been
exposed to pests. A person may not refuse or delay admission
to a premises to the department or an inspector for the
department provided with a search warrant issued under this
section.
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§ 1604. Inspections, sampling, testing and certifications.
(a) General inspection and sampling authority.--The
department shall have the authority to:
(1) Inspect the premises of a person required to be
licensed under this chapter, including an area in which
plants, plant products, pollinators, pollinator products or
other regulated articles are grown, stored, kept or
distributed to others.
(2) Inspect, at any time or place, a plant, plant
product, managed pollinator, hive or other regulated article
stored, kept, shipped or moved to or from this Commonwealth,
and the vehicles or vessels on which they are shipped or
contained.
(3) Collect samples for the presence of and testing for
pests and carry out control measures as established in this
chapter.
(b) Private property.--The department shall have the
authority to enter onto the land or premises of a person not
subject to the licensure requirements of this chapter for the
purpose of investigation and enforcement of this chapter,
including the collection of samples for testing of pests. The
department shall obtain either the permission of the owner or a
search warrant to enter or search an enclosed or fenced area of
the property, building, vehicle, vessel, article, machine or
conveyance located on the land or premises.
(c) Risk-based inspections.--The department shall, to the
extent practicable, employ a risk-based approach to conducting
the inspections authorized under subsection (a), giving
comparatively greater attention to pests deemed to be of
greatest risk to this Commonwealth and plants for planting,
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plants, plant products, managed pollinators, hives or other
regulated articles or premises that present the greatest risk of
harboring pests or creating other pest-related problems.
(d) Discretionary inspections.--
(1) The department may provide phytosanitary certificate
inspection services for a person that owns or possesses
plants, plant products or other regulated articles intended
for shipment either interstate or internationally as
necessary to meet the statutory or regulatory requirements of
the intended receiving state or country. A phytosanitary
certificate inspection may include:
(i) Certification in accordance with another state's
or country's special handling requirements.
(ii) Confirmation of origin requirements,
preshipment treatment requirements, testing requirements
or inspection requirements.
(2) The department may provide inspection services
necessary for the issuance of a phytosanitary certificate
inspection for a person that owns or possesses pollinators or
other regulated articles intended for sale or shipment either
interstate or internationally as necessary to meet the
statutory or regulatory requirements of an intended receiving
state or country. An inspection may include:
(i) Certification in accordance with another state's
or country's special handling requirements.
(ii) Confirmation of origin requirements,
preshipment treatment requirements, testing requirements
or inspection requirements.
(3) The department may provide services necessary for
issuing compliance agreements to a person that seeks to meet
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requirements or regulations of other states for shipping
plants, plant products, managed pollinators or other
regulated articles. Multiple states and commodities may be
included in one comprehensive compliance agreement.
(4) The department shall charge a fee for performing any
of the specialized certificate inspections described in this
subsection. The fee shall be established as provided in
section 1629 (relating to fees).
(5) The certificate inspections described in paragraphs
(1), (2) and (3) are discretionary on the part of the
department and shall only be made if all of the following
occur:
(i) A request is made for the certificate
inspection.
(ii) The fee for the certificate inspection has been
remitted to the department.
(iii) The department has qualified staff available
to conduct the requested specialized certificate
inspection.
(iv) The person making the request is in compliance
with this chapter, the regulations of the department and
an order of the department issued under this chapter.
(v) The person making the request is not found to be
in violation of this chapter.
(vi) The person making the request is current on all
fees due under this chapter.
(e) Additional inspections, certifications and testing.--The
department shall have the discretion to provide additional
inspection, certification or testing services for a person that
owns or possesses plants, managed pollinators or other regulated
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articles and may establish and charge reasonable fees for the
services. The fees shall be established as provided in section
1629. Services may include inspections conducted to confirm
control, eradication or apparent freedom from pests or to
provide certification other than as described in subsection (d).
(f) Refusal to inspect.--The department may refuse to
perform an inspection described in this section if:
(1) the plants, managed pollinators or regulated
articles to be inspected are found to be in a condition where
they cannot be adequately inspected;
(2) the premises on which the plants, managed
pollinators or regulated articles are located is posted with
restrictions, including biosecurity restrictions, which the
department finds to be burdensome or unreasonable; or
(3) the environs in which the plants, managed
pollinators or regulated articles are located present a
danger to the health or safety of the department employee or
inspection for the department.
(g) Delegation.--The department may delegate, through
agreement, inspection, testing, training or certification duties
under this chapter to an agent acting on behalf of the
department.
§ 1605. Regulations, orders and pest tolerances.
(a) Regulations and orders.--
(1) The department shall have the power to promulgate
and adopt orders, rules and regulations as necessary to
effectuate the intent and purpose of this chapter.
(2) Except to the extent that they are inconsistent with
a provision of this chapter, regulations promulgated under
former Chapter 21 (relating to bees) or the former act of
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December 16, 1992 (P.L.1228, No.162), known as the Plant Pest
Act, shall remain in effect unless subsequently modified by
regulations promulgated by the department.
(b) Pest tolerances.--
(1) The department may establish tolerances for pests.
Pest tolerances may prescribe acceptable maximum
concentrations or amounts of pests that may be present on
premises, plants, plant products, pollinators, pollinator
products or other regulated articles.
(2) Methods for promulgating the pest tolerances may
include a quarantine order or an order transmitted to the
Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin.
(3) The pest tolerances shall be reviewed at least
annually by the Plant and Pollinator Protection Committee
established in section 1628 (relating to establishment of
advisory boards and committees). The Plant and Pollinator
Protection Committee shall make recommendations to the
department for changes to pest tolerances.
(4) The department shall provide justification for a
decision on pest tolerance that does not match the
recommendations of the Plant and Pollinator Protection
Committee.
§ 1606. Surveys to determine existence of plant and pollinator
pests.
The department shall have the authority to engage in the
following actions:
(1) Conduct investigations and surveys to determine the
existence of pests and the distribution and severity of the
damage caused by pests.
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(2) Collect and transport samples of pests, plants,
pollinators or regulated articles which are capable of
harboring pests.
(3) Conduct studies relating to the control of pests.
(4) Conduct other investigations necessary to protect
this Commonwealth's plants, pollinators and related
industries from pests.
(5) Prescribe and require treatment and control
measures, including stop orders and quarantine orders, as
provided for in this chapter.
(6) Report and publish the results of investigations,
surveys, studies or required treatment and control measures
carried out under this chapter.
§ 1607. Proceedings upon finding plant or pollinator pests.
(a) Notification.--If the department finds pests present or
has reasonable suspicion that pests exist on a premises or
regulated article, or if pests are present and exceed an
applicable pest tolerance established under section 1605(b)
(relating to regulations, orders and pest tolerances), the
department must provide the owner, lessee, keeper or manager
with written notice of the pest presence. The following apply:
(1) The notice shall be left with the owner of the
premises or an individual 18 years of age or older residing
on the premises.
(2) For a licensed establishment, the notice may be
included in an inspection report issued in accordance with
this chapter.
(3) The department may take any other action authorized
under this chapter.
(b) General authority.--
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(1) Where an inspection, survey or test permitted under
section 1604 (relating to inspections, sampling, testing and
certifications), reveals the presence of a pest or the
presence of a pest that exceeds pest tolerance established
under section 1605(b), the department may take an action
authorized under this chapter, including:
(i) Issuance of a treatment order, stop order and
detention.
(ii) Establishment of a quarantine order.
(iii) Assessment of penalties and implementation of
enforcement actions as permitted under this chapter.
(2) If the department has reasonable suspicion of the
existence of or observes signs or symptoms of the presence of
a pest, or the presence of a pest that exceeds an applicable
pest tolerance established under section 1605(b) on any
premises or regulated article, the department may conduct
inspections, sampling, testing and certification as
authorized under section 1604. The department may take an
action authorized under this chapter, including issuance of a
treatment order, stop order and detention or establishment of
a quarantine order.
(3) Honey bees or other pollinators found on premises
other than beekeeper locations, business locations and remote
locations licensed under this chapter found to be infected or
infested with pests shall be subject to immediate destruction
without notice.
(c) Marking of infested or infected articles.--Upon finding
a pest, the department shall promptly identify and, where
practicable, mark all premises and regulated articles that are
confirmed to be infected or infested, or for which there is a
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reasonable suspicion of infection or infestation. Removal of
markings placed by the department under this subsection without
written instructions to do so by the department shall be a
violation of this chapter.
(d) Treatment measures.--
(1) If the secretary determines that a serious pest
situation exists in any part of this Commonwealth, a
quarantine order, as authorized under section 1610 (relating
to quarantines), must be established and necessary
eradication or control measures may be taken by the
department.
(2) Prior to carrying out a treatment procedure, the
department shall provide written notice to the property
owner. The written notice may be in the form of a copy of a
general treatment order or procedure specified in a
quarantine order.
(3) The department or an inspector for the department is
authorized to enter the premises during reasonable hours to
carry out the eradication or control measures under section
1603 (relating to right of entry).
(e) Treatment orders.--Upon finding a pest, the department
shall issue a treatment order to a responsible person, such as
the owner, manager or licensee. The treatment order shall be in
writing and shall describe the following:
(1) The pest situation that exists.
(2) Details regarding the required eradication control
or eradication measures.
(3) The date by which eradication and control measures
must be completed, including a time frame within which the
department will confirm treatment is complete and approved.
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(f) Other orders.--The department shall have the discretion
to issue a stop order under section 1609 (relating to stop
orders) or a quarantine order under section 1610, or both,
imposing appropriate restrictions until the control or
eradication measures required under the treatment order have
been completed and approved by the department. The department
shall issue a treatment order, stop order, quarantine order or
any combination if the department finds pests present or has
reasonable suspicion that pests exist on a premises or regulated
article, including any abandoned crops, noncultivated plants,
abandoned hives or feral pollinator populations which harbor or
may harbor, carry or may carry, or constitute or may constitute
a reservoir for the pest.
(g) Failure to comply with treatment order.--The responsible
person issued the eradication order is required to follow the
treatment order. If a person that is issued a treatment order
fails to comply with the treatment order, the department shall
carry out the eradication and control measures. All expenses
associated with the eradication and control measures shall be
paid to the department by the person. The department may impose
additional penalties for a violation under this chapter.
§ 1608. Invasive species or plant contaminants being moved by
plant merchants or pollinator operations.
If there is reasonable suspicion that the activity of a plant
merchant or pollinator operation is a mechanism for the spread
of invasive species or plant contaminants, the department may
issue a stop order, treatment order or quarantine order or
pursue any other measure provided for in this chapter to stop
the spread of the invasive species or plant contaminant. The
department may coordinate with any other regulatory agency that
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has jurisdiction over the invasive species or plant contaminant.
§ 1609. Stop orders.
(a) Authority to issue.--
(1) (i) If there is reasonable suspicion of the
presence of a pest, or an inspection or test reveals the
presence of a pest, or pests are present and exceed an
applicable pest tolerance established under section
1605(b) (relating to regulations, orders and pest
tolerances), the department may issue and enforce a
written stop order.
(ii) The stop order may be issued to any or all of
the owners, lessees, managers, employees or custodians of
the premises.
(iii) A stop order may be placed on all or any part
of a business or premises, and may include any plant,
pollinator or other regulated article.
(iv) The stop order shall establish standards for
release of the stop order, including:
(A) compliance with a quarantine or treatment
order issued by the department;
(B) inspection that verifies there is no
reasonable suspicion or actual presence of a pest
that was the subject of the stop order; or
(C) presence of a pest above a pest tolerance
established under section 1605(b).
(2) A stop order may be issued in conjunction with a
quarantine or treatment order or for a violation of this
chapter or a provision, rule, regulation or order adopted
under this chapter.
(3) A stop order shall have the effect of requiring the
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person designated in the stop order to hold any item or items
described in the order at a designated place and to refrain
from distributing or offering for distribution or moving in
any manner those items. The owner, lessee, manager or
custodian of the premises under the stop order must notify
the department when the standards for release of the stop
order have been met in order for the department to verify and
repeal the stop order.
(4) If it is determined that multiple registered
locations received anything that is the subject of or covered
under a stop order in one location, that order may be
extended to all locations without a physical visit by an
inspector until the material is cleared or released. The
department shall coordinate notification to all locations.
(5) A stop order shall remain in effect until repealed
in writing by the department.
(b) Posting of stop order.--A plant or other material that
is the subject of or covered under the stop order shall be
clearly identified and, where practicable, conspicuously marked
by the department. The stop order may be required to be posted
in a conspicuous place or places on the business location or
premises subject to the stop order as determined by the
inspector. Removal of markings placed by the department without
written instructions to do so by the department shall be a
violation of this chapter.
(c) Violation of stop order.--Failure to follow a stop order
shall be a violation of this chapter. The department may impose
penalties authorized under this chapter for a violation of a
stop order.
§ 1610. Quarantines.
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(a) Authority of department.--
(1) The department may establish quarantines as
specified in this chapter or under regulations to prevent,
delay or slow the introduction, dissemination or spread of a
plant or pollinator pest within this Commonwealth or into
this Commonwealth from any country, state or territory.
(2) The department shall transmit notice of a general
quarantine order, interstate quarantine order or
international quarantine order to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin.
(3) Special quarantine orders shall be established
through posting of the order as specified in subsection (g).
(4) As part of a quarantine, the department may issue
conditions, restrictions, control measures or any combination
that the department considers necessary to eradicate,
control, prevent or reduce the movement of the pest.
(5) Under a quarantine, the department may prohibit or
restrict, without inspection, the use, movement, shipment,
transportation, distribution or offer of distribution or
other disposition of a plant, pollinator, premises or other
regulated article.
(b) Power to establish and enforce.--If a pest exists
anywhere within or outside of this Commonwealth, or if the
department deems a quarantine advisable upon reasonable
suspicion of the existence of a pest to test or treat for the
pest, the department may establish and enforce quarantines for a
pest and related to a premises, plant, pollinator or regulated
article infected, exposed or contaminated or suspected of or
susceptible to contamination by the pest or capable of carrying,
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harboring or spreading the pest. Failure to follow a quarantine
order issued by the department shall subject the violator to
penalties specified under this chapter.
(c) Special requirements.--
(1) In addition to other prohibitions or standards, the
department may, through the issuance of a quarantine order,
prohibit the planting, growing, holding or harvesting of any
crop or the management or distribution, or both, of anything
that serves as a host or reservoir for the pest.
(2) The quarantine order may include prohibiting the
establishment of a specific crop or pollinator colony within
a geographic area, including this entire Commonwealth, or
during a specified time period.
(3) If a crop or pollinator is determined to have the
ability to harbor, is suspected of harboring or is harboring
a pest, the department may require treatment or destruction
of the crop or pollinator.
(4) A quarantine order may be amended and expanded to
cover any new area found to be infected with a pest and any
adjacent areas as the department deems necessary to prevent
or limit the movement of the pest.
(5) The department shall transmit notice and the
effective date of an amendment to a quarantine order under
paragraph (4) to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin and publish the notice on the department's publicly
accessible Internet website.
(d) Quarantine types.--Quarantines may be one of the
following:
(1) An interstate quarantine and international
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quarantine.
(2) A general quarantine.
(3) A special quarantine.
(e) Interstate quarantines and international quarantines.--
(1) (i) An interstate quarantine or international
quarantine, or both, may be established and enforced by
order of the department against a place outside this
Commonwealth for any of the reasons specified in
subsections (a) and (b) or where a pest is reported to
exist.
(ii) An interstate quarantine order or international
quarantine order may prohibit the following from being
brought into or entering this Commonwealth, except in
accordance with the requirements specified in the
quarantine order:
(A) a pest; or
(B) any item exposed to, contaminated by,
suspected of, susceptible to contamination by or
capable of carrying, harboring or spreading the pest.
(iii) The order may require the quarantine, testing,
treatment, sanitizing, sterilizing, disinfecting,
confiscation, destruction, eradication or other
disposition of anything that is part of or subject to the
quarantine order which is brought into this Commonwealth
in violation of the quarantine order, including any
goods, products, conveyances, materials or associated
containers or other regulated articles, or any premises
where the regulated articles were transported or kept in
this Commonwealth.
(iv) The order may also require that a person
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violating the quarantine order bear the costs of
enforcement and postentry expenses relating to a
quarantine order, including testing, cleanup and
eradication costs.
(2) An interstate quarantine or international quarantine
shall be established by order of the department and shall be
effective as of the date of actual or constructive notice of
the quarantine order or a later date as specified in the
quarantine order.
(3) An interstate or international quarantine that is
established by the United States Department of Agriculture
may be adopted and enforced by the department for any of the
reasons specified in subsections (a) and (b) or where a pest
is reported to exist.
(4) The department shall transmit notice of the order to
the Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin within 20 days
of the date of the order and publish the order on the
department's publicly accessible Internet website.
Publication in the Pennsylvania Bulletin shall affect
constructive notice. The quarantine order may be enforced
prior to the publication or distribution.
(5) The department shall, if practicable, mail by
conventional or electronic means or deliver notice and a copy
of the quarantine order to the governmental agency overseeing
agricultural affairs in the state or nation against which the
quarantine is directed. The quarantine order may be enforced
prior to the publication or distribution.
(f) General quarantines.--
(1) A general quarantine order may be established and
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enforced by the department against an area or locality within
this Commonwealth for any of the reasons specified in
subsections (a) and (b) to prevent a pest from being carried
into, within, from or out of the area or locality that is
subject to the quarantine. A general quarantine order may
pertain to any pest and anything infected, exposed to,
contaminated by, suspected of or susceptible to contamination
by, or capable of carrying, harboring or spreading the pest
into this Commonwealth, or into or from the area subject to a
quarantine order. A general quarantine order may encompass
any geographic area or locality within this Commonwealth,
including this entire Commonwealth.
(2) A general quarantine order shall be established by
the department and shall be effective as of the date of
actual or constructive notice of the general quarantine order
or a later date specified in the general quarantine order.
(3) The department shall transmit notice of the general
quarantine order to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin within 20 days of the date of the general quarantine
order and publish the general quarantine order on the
department's publicly accessible Internet website.
Publication in the Pennsylvania Bulletin shall affect
constructive notice. The general quarantine order may be
enforced prior to the publication or distribution.
(g) Special quarantines.--
(1) A special quarantine may be established and enforced
by order of the department against a premises, plant,
pollinator or other regulated article infected, exposed to,
contaminated by or suspected of or susceptible to
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contamination by a pest, or capable of carrying, harboring or
spreading the pest for any of the reasons specified in
subsections (a) and (b) or whenever it is deemed necessary or
advisable by the department to:
(i) prevent or limit the spread of a pest;
(ii) examine, disinfect or regulate a premises, or
examine, disinfect or regulate the use or movement of a
regulated article infected, exposed or contaminated by or
suspected of or susceptible to contamination by a pest or
capable of carrying, harboring or spreading the pest; or
(iii) destroy or dispose of any pest or other
regulated article infected, exposed or contaminated by a
pest.
(2) A special quarantine shall be established by the
posting of a special quarantine order describing the pest or
pests involved, describing the premises or area covered and
delineating the regulated articles covered by the special
quarantine. The department may require the special quarantine
order to be conspicuously posted and visitors to the
quarantined premise to be alerted of the presence of the
pest.
(3) If practicable, the department shall serve a copy of
the special quarantine order upon the owner, lessee, manager
or custodian of the premises subject to the order.
(h) Violations of quarantine order.--It is unlawful to:
(1) distribute, move, remove or allow to be removed
anything in this Commonwealth that is the subject of a
quarantine order under this section in a manner that is not
defined by the order;
(2) allow anything in this Commonwealth that is the
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subject of a quarantine order under this section to be
transported, conveyed or otherwise moved outside of the
quarantined premises, geographic area or locality in a manner
that is not defined in the order;
(3) distribute anything in this Commonwealth that is the
subject of a quarantine order under this section without
first notifying the prospective or actual transferee of the
quarantine order and the reasons for the imposition of the
quarantine order. The transferee shall become subject to all
restrictions and provisions of the quarantine order and this
chapter;
(4) tear, deface, destroy, remove, conceal or alter in
any way a notice of quarantine posted by the department, or
to remove or destroy, partially or wholly, any portion of a
building, tree, fence or other object to which a notice of
quarantine has been posted by the department;
(5) bring into this Commonwealth a pest or regulated
article that is the subject of a quarantine order under this
section;
(6) impede, hinder or interfere with the department or
an inspector for the department entering upon premises or
elsewhere in the performance of duties imposed by this
chapter; or
(7) violate any provision of a quarantine order issued
under this chapter.
SUBCHAPTER B
LICENSURE AND CERTIFICATION
Sec.
1611. Location licensing.
1612. Revocation, denial or suspension of license.
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1613. Reciprocal agreements.
1614. Transportation of plants for planting.
1615. International importation of managed pollinators.
1616. Interstate transportation of managed pollinators into
Commonwealth.
1617. Notice of arrival from outside Commonwealth of honey bees
for distribution.
1618. Importation and intrastate movement of pests.
§ 1611. Location licensing.
(a) Licensure of locations.--
(1) A person that has a beekeeper location, business
location or remote location within this Commonwealth and
carries out any of the actions of a plant merchant or
pollinator operation shall be licensed and shall license each
business location or remote location with the department in
accordance with this chapter.
(2) As part of the license application, the person shall
identify any location where honey bees are kept or where
plants for planting or managed pollinators are maintained,
managed, displayed, warehoused or grown for the purpose of
distribution at that location or through a physically
separate business location.
(b) Licensure of remote locations.--If a plant merchant or
pollinator operation does not have a premises, business location
or business location within this Commonwealth, but has one or
more remote locations within this Commonwealth, the plant
merchant or pollinator operation shall license each remote
location with the department in accordance with subsection (c)
and shall refrain from the operation of any business at the
remote location until a license has been issued by the
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department as specified in subsection (d).
(c) Application for licensure.--
(1) A person seeking to license a plant merchant,
pollinator operation, premises, business, business location
or remote location with the department, as required under
this chapter, shall file an application for licensure with
the department and pay the appropriate license fee.
(2) The license application shall be submitted on either
a paper or electronic form supplied by the department.
(3) A remote location may be added to an existing
license at any time.
(4) It shall be a violation of this chapter for a plant
merchant, pollinator operation, business location or remote
location to operate without a license as required under this
chapter.
(d) Department actions.--The department shall review each
license application for completeness and accuracy. Prior to the
issuance of a license, the department may conduct an onsite
inspection and sampling at the location or premises of a person
seeking a license, including any additional business locations
or remote locations where licensure is sought. If the department
determines the requirements of this chapter have been met, the
department shall issue the applicant a license.
(e) Relocation.--A licensee is required to report a
permanent change of address of a beekeeper location, business
location or remote location. The owner of an out yard which is
properly registered as a pollinator operation under this chapter
shall not be required to report the temporary relocation of a
hive or hives for up to 90 days for crop pollination if proper
records of hive locations are maintained by the owner at a
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location available to the department for inspection.
(f) License.--A license issued by the department shall be
prominently displayed at each business location where sales
occur. A license issued by the department to a beekeeper
location or remote location shall be retained by the plant
merchant or pollinator operation that owns, leases or manages
the location and shall be produced for inspection by the
department upon request.
(g) Licensure period.--
(1) A plant merchant license shall be valid for January
1 through December 31 of the calendar year in which the
license is issued, unless revoked or suspended by the
department before the end of the calendar year.
(2) A pollinator operator license shall be valid for the
12-month period July 1 through June 30, unless revoked or
suspended by the department before the end of the period.
(3) After initial licensing, a business shall maintain
active licensure by submitting an application for license
renewal to the department, with renewal fees, for as long as
the business is engaging in activity requiring a license. A
license renewal must cover at least one 12-month licensing
cycle, except that the department may offer multiyear renewal
options. A renewal application shall be made available by the
department at least two months prior to the license
expiration date.
(4) If a person discontinues licensed activities, the
person shall notify the department by filing an application
of closure on a form provided by the department.
(5) If a person other than the person identified on the
license assumes ownership of operation of the licensed
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establishment, the following shall apply:
(i) The current licensee shall notify the department
of the change of ownership through the use of a renewal
form or other method prescribed by the department.
(ii) If the current licensee has no other locations
or activities requiring a license, the current licensee
shall file an application of closure on a form provided
by the department.
(iii) The new owner or operator shall immediately
file an application for licensure as specified in
subsection (c) and shall refrain from operating until a
license has been issued by the department as specified in
subsection (d) and a license has been issued.
(iv) The current licensee shall submit to a closing
inspection if requested by the department.
(h) Grandfathering.--A plant merchant or pollinator
operation renewal notice or completed license issued under
former Chapter 21 (relating to bees) or the former act of
December 16, 1992 (P.L.1228, No.162), known as the Plant Pest
Act, shall be considered valid under this chapter until the next
renewal cycle provided by this chapter.
(i) Labeling.--The department may, by regulation or order,
establish labeling requirements for plants for planting, hives
or other regulated articles.
(j) Records.--
(1) A licensed person or person required to be licensed
under this chapter shall keep and maintain the following
records:
(i) Records that identify the date, source, type and
quantity of plants, managed pollinators or used hives the
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licensed person acquires.
(ii) Records that identify the date, type and
quantity of plants, managed pollinators or used hives the
licensed person distributes to others.
(2) If the licensed person wholesales or distributes
plants or managed pollinators to another licensed business or
business required to be licensed, or to a person other than
the final end user, the records shall specify the name and
address of the business and business license number where
available or person to which the plants or managed
pollinators were distributed.
(3) Records shall be maintained for a minimum of three
years, except if ordered by the department.
(k) Additional records.--The department may promulgate
regulations regarding any records required to be kept under this
chapter. The department may include in an order additional
requirements regarding records required to be kept under this
chapter.
(l) Duty to provide access to records.--A licensed person or
person required to be licensed under this chapter shall make the
records available to the department for review, inspection and
copying upon the department's request.
(m) Prenotification of shipments.--The department may, by
regulation or order, require a licensed person residing within
this Commonwealth or doing business outside this Commonwealth
who distributes or receives plants for planting or managed
pollinators in this Commonwealth to prenotify the department of
incoming shipments at least 48 hours prior to shipping.
Notification shall be made via electronic means as identified by
the department. Failure to comply with this subsection may
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result in a stop order, return of material or destruction of the
material by the department at the expense of the person who was
the original distributor.
(n) Sources of plants and pollinators.--
(1) A licensed person that purchases, possesses,
acquires, grows, stores, keeps or distributes to others
plants for planting or managed pollinators shall only
purchase, possess, acquire, store, keep or distribute to
others plants or pollinators that have been produced under an
official Federal or State licensure program and are compliant
with all requirements of this chapter and any regulations or
orders of the department.
(2) A licensed person may collect plants or pollinators,
such as feral bees and swarms, from noncertified sources. The
licensed person shall notify the department of the intention
to make the collections, via mechanisms provided by the
department, so that an inspection may be scheduled when
appropriate. Collected material must meet pest tolerances
established by the department under this chapter.
(o) Prohibition to operate.--It shall be a violation of this
chapter for a person required to be licensed under this chapter
to operate without a license. A person required to be licensed
under this chapter shall be subject to the penalties and
remedies established by this chapter or regulations or orders of
the department. It shall not be a valid defense to a civil
penalty, criminal prosecution, action in equity or other remedy
imposed or action at law undertaken by the department under this
chapter that the person failed to obtain a license or lacked the
knowledge of the need to obtain a license. The department shall
have the authority against the person as the department does
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against a person that has lawfully obtained the required
license.
(p) Pollinator certificate of inspection.--
(1) A pollinator certificate of inspection issued by the
department must accompany queen honey bees, nucleus colonies,
colonies, package bees or other managed pollinators being
distributed within this Commonwealth. A licensed person may
produce copies of the pollinator certificate of inspection to
accompany multiple transactions, but certificates are not
transferrable to other persons. A pollinator certificate of
inspection shall be valid for one year for intrastate
distribution of pollinators.
(2) A pollinator certificate of inspection issued by the
department shall accompany interstate shipments if required
by other states for queen honey bees, nucleus colonies,
colonies, package bees or other managed pollinators being
transported to that state.
(q) Duty to report pests.--It shall be the duty of every
licensed person or person required to be licensed under this
chapter to report to the department immediately upon finding or
being notified of the presence of a pest exceeding established
pest tolerances. Failure to report constitutes a violation of
this chapter.
(r) Right-to-Know Law exemption.--Personally identifiable
information, including the names, addresses or phone numbers of
a person not required to hold a license under this chapter, but
who agrees to host or have placed on their property plants for
planting or one or more bee hives associated with a licensed
person shall not be accessible for inspection and duplication in
accordance with the act of February 14, 2008 (P.L.6, No.3),
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known as the Right-to-Know Law.
§ 1612. Revocation, denial or suspension of license.
The department may revoke, suspend or deny a license for
sufficient cause, and for a time period determined by the
department, which may include multiple licensure periods.
Sufficient cause includes the following:
(1) A violation of this chapter or a provision, rule,
regulation or order adopted under this chapter.
(2) A finding by the department that a license issued
under this chapter is being used in connection with:
(i) a premises known to be infected or infested with
a pest;
(ii) the possession or distribution of plants,
plants for planting, plant products, pollinators, managed
pollinators, pollinator products, tools and equipment,
apiaries, colonies, hives or other regulated articles
that are known to be infested or infected with a pest; or
(iii) assisting others in a violation of this
chapter or a provision, rule, regulation or order adopted
under this chapter.
(3) That a licensed person or person required to be
licensed under this chapter has knowingly purchased, bought,
accepted, received, warehoused or held plants, plants for
planting, plant products, pollinators, managed pollinators,
pollinator products, tools or equipment, apiaries, colonies,
hives or other regulated articles that are known to be
infested or infected with a pest or were not shipped under
the proper phytosanitary or certification standards.
(4) A finding by the department that plants or
pollinators were knowingly shipped or transported into this
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Commonwealth in violation of Federal or State quarantine or
phytosanitary or other certification standards.
(5) A finding by the department that the department is
unable to safely or effectively perform an inspection or
other action under this chapter due to the physical condition
of the licensee's premises or the regulated articles that are
subject to the inspection or action.
(6) A finding by the department that the applicant or
licensee has denied access to or made it impossible for the
department to conduct an inspection of a beekeeper location,
business location, remote location or other premises subject
to this chapter.
(7) A finding by the department that the applicant or
licensee has failed to pay a civil penalty imposed under this
chapter, after applicable appeal periods have expired or a
final judgment has been rendered and the final adjudication
issued.
(8) A finding by the department that the applicant or
licensee has made a material misstatement, misrepresentation
or omission in the application for licensure or has made a
material misstatement, misrepresentation or omission to the
department regarding a matter relevant to compliance with
this chapter, a regulation promulgated under this chapter or
an order issued under this chapter.
§ 1613. Reciprocal agreements.
(a) Solicitation authorized.--A person residing or doing
business outside this Commonwealth who desires to solicit orders
for plants for planting or managed pollinators in this
Commonwealth may solicit orders in this Commonwealth if the
person is certified, registered or licensed in another state
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with laws and regulations that comply with Federal standards and
are at least as stringent as those of the Commonwealth, and
their name appears on an official state directory of certified,
registered or licensed nurseries and nursery dealers, plant
merchants, pollinator operations, licensees or registrants. If a
business is located in a state where no licensure program is
available, the department may work with the state of origin to
develop an appropriate procedure to allow safe movement of
material into this Commonwealth.
(b) Records.--A person doing business in this Commonwealth
under this section shall keep records of sales into this
Commonwealth and make the records available upon request.
Records shall be kept for three years. Failure to keep or
provide sales records is a violation of this chapter and
regulated articles moved into this Commonwealth by a person who
has violated this section is subject to a stop order, rejection
and destruction at the expense of the person.
§ 1614. Transportation of plants for planting.
(a) General documentation.--Plants for planting intended for
distribution and transported into, within or through this
Commonwealth shall be accompanied by the following:
(1) A copy of the license under which the plants are
being transported. The following apply:
(i) For intrastate movement, a copy of the license
for the plant merchant distributing the plants.
(ii) For transport from out-of-State, a plant
merchant license or other valid document issued by the
proper official of the state, territory, district or
country from which the plants were shipped, sent or
brought showing that the plants for planting are in
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compliance with the plant pest certification requirements
and standards of the state or nation from which the
plants originated and from which the plants were shipped
or transported.
(2) The names and addresses of the consignor and
consignee and the scientific name and quantity of each plant.
(b) Associated documentation.--If documentation required
under subsection (a) is not the same for each plant in a
shipment, documentation shall be provided in a manner sufficient
to clearly associate plants with the correct documentation.
Documents may be transported with or attached to the full
conveyance or carload, truckload, bale, box, container, package
or plant.
(c) Valid license required.--Plants for planting brought
into this Commonwealth with the documentation required under
this subsection may be distributed, offered for distribution or
moved only under a valid license issued under this chapter.
(d) Additional documentation.--The department may, by
regulation or order, amend or add documentation requirements for
plants for planting being shipped or transported.
(e) Improperly transported plants.--If plants for planting
are transported into this Commonwealth in violation of this
chapter, including transporting plants for planting without
valid documentation issued by the proper out-of-State authority
or transporting plants for planting suspected of harboring
pests, and the person receiving the plants for planting notifies
the department within five business days, the department may
direct the plants be returned to the consignor or shipper, held
for inspection or any other action authorized under this
chapter.
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(f) Violation.--It shall be a violation of this chapter to
deliver, transport or ship into or within this Commonwealth
plants for planting or other regulated articles which are not in
compliance with this chapter.
§ 1615. International importation of managed pollinators.
(a) Pollinator certificate of inspection.--
(1) Except where otherwise preempted by Federal law, the
department shall require that every person intending to
import, ship, bring or transport living managed pollinators
or viable reproductive forms of managed pollinators into or
through this Commonwealth from outside the United States for
any purpose receive advanced written permission from the
department.
(2) The person requesting permission shall provide
advanced notification to the department through the filing of
a pollinator certificate of inspection or other form provided
by the department. Movement of a managed pollinator into or
through this Commonwealth may not occur until the department
has provided written approval. If a Federal importation
process exists, the department may request that the importer
provide to the department copies of records to verify
compliance with the Federal process.
(b) Certification requirements.--The certificate of
inspection shall certify that:
(1) A physical inspection of the managed pollinators was
made within 30 days preceding the date of shipment.
(2) At least 10% of the managed pollinators in the
shipment were inspected and that they are free of known
pests.
(3) The managed pollinators are the species described in
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the shipping documents and meet the requirements of this
chapter.
(c) Receipt of shipment.--Each licensed person or licensed
establishment shall be responsible for assuring that an
international shipment of managed pollinators received are
accompanied by a properly executed pollinator certificate of
inspection and otherwise meet the standards and requirements of
this chapter.
(d) Shipment in violation of chapter.--If a shipment is not
accompanied by the required pollinator certificate of inspection
specified in this section or does not otherwise comply with the
standards and requirements of this chapter, the licensed person
or licensed establishment shall notify the department within 72
hours of receipt of the shipment and hold the shipment in an
area away from other managed pollinators, subject to an order
issued by the department under this chapter, including
quarantine, stop order, treatment order and destruction.
§ 1616. Interstate transportation of managed pollinators into
Commonwealth.
(a) Certificate of inspection.--A person shall not transport
honey bees into this Commonwealth without a certificate of
inspection signed by the chief apiary inspector or corresponding
inspection official of the state or county from which the honey
bees are being transported. The department may require a
certificate of inspection for other managed pollinators being
shipped into this Commonwealth.
(b) Third-party certification.--The department may accept a
certificate from a third-party certifier if a state has no
formal program and the department has preapproved the third
party.
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(c) Certification requirements.--The certificate of
inspection shall certify that:
(1) A physical inspection of the managed pollinators was
made within 30 days preceding the date of shipment.
(2) At least 10% of the managed pollinators and other
regulated articles in the shipment were inspected and that
they meet pest tolerances established by the department.
(3) The managed pollinators are the species described in
the shipping documents and meet the requirements of this
chapter.
(d) Additional documentation.--Documentation describing the
type and quantity of regulated articles in the shipment and the
name and address of the owner of the regulated articles shall
accompany each shipment.
(e) Receipt of shipment.--A licensed person or licensed
establishment shall be responsible for assuring shipments of
managed pollinators and other regulated articles the licensed
person or licensed establishment receives are accompanied by a
properly executed certificate of inspection and otherwise meet
the standards and requirements of this chapter.
(f) Shipment in violation of chapter.--If a shipment is not
accompanied by the required certificate of inspection specified
in this section or does not otherwise comply with the standards
and requirements of this chapter, the licensed person or
licensed establishment shall notify the department within 72
hours of receipt of the shipment and hold the shipment in an
area away from other managed pollinators, subject to an order
issued by the department under this chapter, including
quarantine, stop order, treatment order and destruction.
§ 1617. Notice of arrival from outside Commonwealth of honey
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bees for distribution.
(a) Notice.--Notice of the arrival from outside this
Commonwealth of honey bees intended for further distribution
shall be given by the licensed person first receiving the
shipment in the Commonwealth to the department's Bureau of Plant
Industry, Apiary Inspection Program, via electronic or hard copy
as identified by the department. Notice shall be made prior to
or within 10 days after the arrival within this Commonwealth of
honey bee colonies, queens and package bees that are
distributed. The notice shall contain the following information:
(1) The name and contact information of the licensed
person receiving the shipment.
(2) The total number of regulated articles contained in
the shipment.
(3) The state or territory of origin of the regulated
articles in the shipment.
(b) No notice with further distribution.--Notice to the
department shall not be required for additional distribution
points.
(c) Records.--The licensed person providing notice shall
retain the following records for three years after receipt of
the shipment and make the records available to the department
upon request:
(1) A copy of the pollinator certificate of inspection
required by section 1616 (relating to interstate
transportation of managed pollinators into Commonwealth).
(2) Information describing the distribution of the
regulated articles, including the name and contact
information of all persons receiving the regulated articles,
and quantities received by each person.
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§ 1618. Importation and intrastate movement of pests.
The department may administer a permitting process allowing
lawful movement of pests into or within this Commonwealth. The
permitting may be in association with a Federal permitting
system or the permitting may be independent if the secretary
determines a threat to this Commonwealth is not addressed
through the Federal permitting system. It shall be a violation
of this chapter for a person to transport a pest into or within
this Commonwealth for research or any other purpose without
first receiving the department's written approval to transport
the pest.
SUBCHAPTER C
ENFORCEMENT
Sec.
1619. Enforcement.
1620. Violations.
1621. Interference with inspector.
1622. Criminal penalties.
1623. Civil penalties.
1624. Injunctive relief.
§ 1619. Enforcement.
The department may employ proper means for enforcement of
this chapter, including issuing notices and orders, filing
violations for criminal prosecution, imposing civil penalties,
seeking injunctive relief and entering into agreements, such as
consent agreements, cooperative agreements and compliance
agreements, necessary to enforce and carry out the provisions of
this chapter.
§ 1620. Violations.
(a) Noncompliance.--A person may not violate or fail to
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comply with any provision of this chapter or regulations, rules,
orders or agreements established or entered into under the
provisions of this chapter, or to assist in any violation of
this chapter.
(b) Infected plants for planting, managed pollinators, hives
or equipment.--A licensed person or licensed establishment may
not knowingly:
(1) keep or maintain without proper treatment any
plants, managed pollinators, hives or equipment exposed to,
infected with or affected by pests; or
(2) position the plants, managed pollinators, hives or
equipment in a manner that would allow unexposed or
uninfected plants or pollinators to have access to the
plants, managed pollinators, hives or equipment.
(c) Infected plants for planting or managed pollinators.--A
licensed person or licensed establishment shall not distribute
or transport any plants for planting, honey bees or other
managed pollinators affected with a pest at a level exceeding
established pest tolerance levels.
(d) Hives.--
(1) A licensed person or licensed establishment may not
keep or maintain honey bees in any hive other than that which
permits a thorough examination of every comb to determine the
presence of pests. Other types of hives or receptacles for
honey bees which are in use are declared to be a public
nuisance and a menace to the community, and the department or
an inspector for the department may seize and destroy the
hive or receptacle without remuneration to the owner.
(2) The department may approve other types of hives or
receptacles being used for educational or research purposes.
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(e) False declarations and deception.--It shall be a
violation of this chapter for a licensed person to do any of the
following:
(1) Conceal or cause the concealment, hide or take
measures to evade inspection of managed pollinators, plants
for planting or other regulated articles.
(2) Willfully make a false declaration of acreage,
square footage or numbers of plants, managed colonies,
premises or any other regulated article or fail to provide
any other information requested and necessary for
implementation, administration and enforcement of this
chapter.
(3) Incorrectly label or falsify documentation of
managed pollinators, plants for planting or other regulated
articles intended for distribution, in order to circumvent a
rule, regulation, order or agreement made under this chapter.
(f) Destructive conduct.--
(1) It is a violation of this chapter for a person in
this Commonwealth to participate in or conduct a deliberate
act that exposes free-flying honey bees or pollinators to a
known source of a regulated pest, or to a substance commonly
known to kill honey bees and other pollinators. The
deliberate acts that are prohibited include the following:
(i) Placing in a location that is accessible to
free-flying honey bees or pollinators any beeswax combs,
beekeeping equipment, honey or other substance known to
be attractive to pollinators, capable of transmitting
pests and known to have been in contact with or
associated with sources of regulated pest.
(ii) Placing in a location that is accessible to
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free-flying honey bees or pollinators any honey, sugar
syrup, corn syrup or other substance known to be
attractive to pollinators and to which some pesticide or
other substance harmful to pollinators has been added.
(2) This section shall not apply to a person who is
using legally registered pesticides in strict compliance with
the label instructions.
(3) This section shall not negate any part of 18 Pa.C.S.
§ 5549 (relating to a ssault with a biological agent on
animal, fowl or honey bees) .
§ 1621. Interference with inspector.
A person who willfully or intentionally interferes with an
employee, inspector or agent of the department in the
performance of duties or activities authorized under this
chapter commits a misdemeanor of the third degree and shall,
upon conviction, be sentenced to pay a fine of $2,500 or to
imprisonment for not more than one year, or both.
§ 1622. Criminal penalties.
A person that violates the provisions of this chapter,
including a rule, regulation, order or agreement adopted under
this chapter, may be subject to the following:
(1) For a first offense, a person commits a summary
offense and, upon conviction, shall be sentenced to pay a
fine of not less than $100 nor more than $500 for each
offense or to imprisonment for not more than 90 days, or
both.
(2) For a subsequent offense committed within three
years of a prior conviction for a violation of this chapter
or a provision, rule, regulation or order adopted under this
chapter, a person commits a misdemeanor of the second degree
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and shall, upon conviction, be sentenced to pay a fine of not
less than $1,000 nor more than $5,000 or to imprisonment for
not more than two years, or both, at the discretion of the
court.
§ 1623. Civil penalties.
(a) Authority to assess.--
(1) Subject to subsection (b), in addition to proceeding
under any other remedy available at law or in equity for a
violation of this chapter or a provision, rule, regulation or
order adopted under this chapter, the department may assess a
civil penalty not to exceed $20,000, plus cost of
remediation, containment or eradication, upon a person for
each violation of this chapter or a provision, rule,
regulation or order adopted under this chapter.
(2) The civil penalty assessed shall be payable to the
department for deposit into the Plant and Pollinator
Protection Account.
(3) The penalty amount shall be collectible in any
manner provided by law for the collection of debt, including
referring any collection matter to the Office of Attorney
General, which shall recover the amount by action in the
appropriate court.
(b) Hearing.--A civil penalty shall not be assessed unless
the person charged is given notice and opportunity for a hearing
on assessment in accordance with the provisions of 2 Pa.C.S.
Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
review of Commonwealth agency action).
§ 1624. Injunctive relief.
In addition to any other remedies provided for in this
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chapter, the Office of Attorney General, at the request of the
secretary, may initiate, in Commonwealth Court or the court of
common pleas of the county in which the defendant resides or has
a place of business, an action in equity for an injunction to
restrain a violation of this chapter or a provision, rule,
regulation or order adopted under this chapter from which no
timely appeal has been taken or which has been sustained on
appeal. In the proceeding, the court shall, upon motion of the
Commonwealth, issue a preliminary injunction if the court finds
that the defendant is engaging in unlawful conduct under this
chapter. The Commonwealth shall not be required to furnish bond
or other security in connection with the proceedings. In
addition to an injunction, the court, in equity proceedings, may
levy civil penalties as provided for in section 1623 (relating
to civil penalties).
SUBCHAPTER D
MISCELLANEOUS PROVISIONS
Sec.
1625. Cooperation with other entities.
1626. Voluntary certification programs.
1627. Authority to establish marketing programs.
1628. Establishment of advisory boards and committees.
1629. Fees.
1630. Disposition of funds.
1631. Exclusion of local laws and regulations.
§ 1625. Cooperation with other entities.
The department may cooperate with and enter into agreements
with the Federal Government, governmental agencies of the
Commonwealth and any other state in order to carry out the
purpose and provisions of this chapter. The department may
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cooperate with and receive grants-in-aid, gifts and donations
and may enter into agreements with any person for the purpose of
implementing the provisions of this chapter.
§ 1626. Voluntary certification programs.
(a) Voluntary certification programs.--
(1) The department may establish and implement voluntary
certification programs that would add value to Commonwealth
commodities while blocking movement of invasive species that
are detrimental to this Commonwealth's plants or pollinators.
The voluntary certification programs may be utilized for a
commodity whose movement may act as a pathway for movement of
one or more invasive species.
(2) The department shall establish the standards and
processes for a voluntary certification program and shall
transmit notice of the standards and processes for the
program to the Legislative Reference Bureau for publication
in the next available issue of the Pennsylvania Bulletin. The
Pennsylvania Bulletin notice shall include, at a minimum:
(i) The name of the voluntary certification program
and general description, including a designated program
contact.
(ii) A description of the commodity addressed by the
voluntary certification program.
(iii) A description of the invasive species, listed
by both common and scientific name, addressed by the
voluntary certification program.
(iv) Standards, such as commodity production
provisions, inspection requirements and recordkeeping and
audit requirements, that must be met in order to certify
that a particular commodity is apparently free from one
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or more invasive species or meets the pest tolerance
levels established for invasive species.
(v) The certification program time lines and
deadlines.
(vi) The information required on an application for
certification under the program which, at a minimum,
shall include the following:
(A) Business name, contact name, address,
telephone and email address.
(B) Physical location of business and commodity.
(C) Type and quantities of commodity expected to
be eligible for certification.
(D) Proof of current licensure required for the
production of the commodity.
(E) An attestation of compliant status,
indicating no violations, criminal or civil actions
or outstanding penalties relating to this chapter.
(F) Third-party inspection certification
standards, where applicable.
(G) Fees associated with the particular
voluntary certification program.
(b) Voluntary systems approach programs.--
(1) The department shall develop and implement programs
incorporating a voluntary systems approach to enhance the
Commonwealth's plant merchant and pollinator operation
licensure programs, including surveillance and enforcement of
this chapter or regulations, rules, orders or agreements
established or entered into under this chapter. The
department may, under the program, establish standards and
certify that specific identified managed pollinators or
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plants for planting:
(i) were produced and maintained in accordance with
best management practices, including specific
surveillance and testing standards;
(ii) meet the voluntary systems approach program
standards and any Federal or State quarantine
requirements; and
(iii) are eligible for distribution with
requirements different from those of regulated material
not under the systems approach program.
(2) Voluntary systems approach programs shall employ a
systems approach to reach or maintain a pest tolerance
standard. The department shall establish voluntary systems
approach programs through an agreement with participants
wishing to participate in the voluntary program and shall
transmit notice of the program to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin.
(3) A person wishing to participate in a voluntary
systems approach program must sign an agreement with the
department relating to that particular program. The agreement
shall incorporate the best management practices and standards
established for that program in the notice, further define
the duties and obligations of the program participant and
make provisions of the program mandatory and enforceable
against the participant. The department may, by agreement,
establish and charge fees for program participation and
certifications.
(c) Voluntary certification.--A voluntary certification
issued by the department under this section shall not constitute
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a guarantee of quality or a guarantee that the specific
commodity identified in the certification is free of pests or
invasive species.
(d) Failure to comply.--Failure to comply with the standards
of a voluntary certification program created under this section
may, at the department's discretion, result in the participant's
removal from the certification program. If the participant is
removed from the certification program, the participant shall
immediately cease and desist from labeling, claims, promotions
and advertising associated with the voluntary certification
program. A licensee that has been removed from a voluntary
certification program may seek reinstatement after one year from
the date of removal.
(e) No effect on other legal standards.--Enrollment in and
compliance with the provisions of a voluntary certification
program adopted under this section are in addition to and do not
abrogate, nullify or replace any other standards or requirements
of this chapter or other statutes or regulations administered by
the department.
§ 1627. Authority to establish marketing programs.
As resources allow, the department may offer promotional or
incentive programs to provide outreach on licensing requirements
under this chapter or to encourage support of plant or
pollinator best management practices, such as enhancing or
expanding pollinator habitats.
§ 1628. Establishment of advisory boards and committees.
(a) Plant and Pollinator Protection Committee.--The Plant
and Pollinator Protection Committee is established as an
advisory board in the department. The following apply:
(1) The purpose of the committee shall be to advise the
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department on problems relating to the health of plants and
pollinators and of the related industries regulated under
this chapter, including recommendations on:
(i) pest tolerance levels defined in section 1605
(relating to regulations, orders and pest tolerances);
(ii) the risk basis of inspection programs; and
(iii) needed legislation, regulations and agency
programs and policies.
(2) The committee shall be composed of a minimum of
seven members:
(i) One plant protection division chief or designee
from the department.
(ii) Two representatives of the managed pollinator
industry, at least one of which is selected by the
Pennsylvania State Beekeepers Association.
(iii) Two representatives of the plant merchant
industry.
(iv) One representative of pollinator education or
research.
(v) One representative of plant pest education or
research.
(3) Committee members shall be appointed by the
secretary for terms of four years and may be appointed for
successive four-year terms at the discretion of the
secretary. The secretary may remove a member of the committee
prior to the expiration of term of appointment for cause.
(4) Upon the death, resignation or removal for cause of
a member of the committee, the secretary shall fill the
vacancy for the remainder of the term.
(5) The committee may recommend to the secretary that
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additional committee members be appointed as needed for plant
and pollinator protection, and that there are identified
issues which require additional perspectives or subject
matter expertise.
(6) The department representative shall serve as chair.
The members of the committee shall meet at the time and place
as specified by the call of the secretary, chair or a
majority of the board, but no less than once per calendar
year.
(b) Additional advisory boards and committees.--The
secretary may establish additional advisory boards and
committees as necessary to address plant and pollinator health
issues. The following apply:
(1) The secretary or the secretary's designee shall
serve as chair.
(2) Members may include other State agencies,
educational institutions, industry representatives,
researchers and conservationists.
(3) Members shall be appointed by the secretary.
(4) The secretary may request a group to be formed for
specific areas of concern for plant and pollinator pests and
pest management issues.
(5) The secretary may dissolve an advisory board or
committee once the secretary determines that the plant or
pollinator health issue has been resolved or the services of
the board or committee are no longer needed.
§ 1629. Fees.
(a) Fees relating to plant merchant activity.--
(1) The following annual fees shall apply, unless
modified by the department in accordance with this section.
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Fees for plant merchants shall be due by January 1 of each
calendar year. A late fee of $50 shall be imposed for any fee
not received by February 1 of each calendar year. Each
business location of the plant merchant shall be licensed and
subject to the fees established in this section. Each
licensed establishment shall pay one fee at the highest
annual license fee determined by the size of the business
location from out of the following:
(i) Less than 1,000 square feet indoors and less
than 10 acres outdoors, $100.
(ii) 1,000 to 5,000 square feet indoors and 10 to
100 acres outdoors, $200.
(iii) More than 5,000 square feet indoors and more
than 100 acres outdoors, $300.
(2) The following fees shall be due upon receipt of
invoice for specialized phytosanitary certification
inspection or services delivered. Businesses are required to
contact and schedule phytosanitary certification inspections
at least one week in advance. Additional fees, as specified
in subparagraphs (i), (ii), (iii), (iv) and (v), shall be
added for inspections requested with less than one week's
notice:
(i) Business, $50 per certificate.
(ii) Nonbusiness, $25 per certificate.
(iii) Federal phytosanitary inspection, equal to
Federal fee.
(iv) Late notice fee, $100 plus any overtime
incurred if less than one week's notice is provided.
(v) Compliance agreements for interstate shipment,
$200 each, paid annually, which may include multiple
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states in a single agreement.
(b) Fees relating to pollinator operation activity.--
(1) Registration fees for a new pollinator operation
license shall be submitted prior to or within 30 days of
receiving honey bees. Renewal fees for pollinator operations
shall be due by June 30 of the calendar year of the
application. A late fee of $20 shall be imposed for any
renewal fee not received by August 1 of the calendar year.
Each business location of a business shall be licensed and
subject to the fees established in this section. Each
beekeeper location and each licensed establishment shall pay
one fee at the highest annual license fee, determined by the
size of the beekeeper location and business location, from
out of the following:
(i) 1 to 20 honey bee colonies, $30.
(ii) 21 to 50 honey bee colonies, $60.
(iii) 51 or more honey bee colonies, $120.
(iv) Pollinator operations that do not keep honey
bees, $30.
(2) The following fees shall be due upon receipt of
invoice for specialized pollinator certification inspection
or services delivered:
(i) Pollinator certificate of inspection, per
service visit, $75.
(ii) Discretionary compliance agreements, $200.
(iii) Fees for specialized pollinator certification
services shall not apply to pollinator operations.
(c) Laboratory fees.--The department shall set and charge
fees for plant and pollinator pest diagnostic testing or
taxonomic identification services.
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(d) Fees for voluntary certification programs.--In addition
to the fees established under this section, the department may
establish fees for discretionary inspections, certifications and
testing described in section 1626 (relating to voluntary
certification programs). Fees for voluntary certification
programs shall be established by the department, which shall
transmit notice of the fees to the Legislative Reference Bureau
for publication in the next available issue of the Pennsylvania
Bulletin.
(e) Fee implementation and modification.--The department
may, by regulation, fix, adjust and assess fees for licensure,
certification, inspection, reinspection and other duties
performed under this chapter. The fees shall be set at a level
to meet the reasonable expenses incurred by the department in
the administration and enforcement of this chapter.
(f) Fees previously established.--Fees established under
former Chapter 21 (relating to bees) and the former act of
December 16, 1992 (P.L.1228, No.162), known as the Plant Pest
Act, shall remain in effect until the effective date of this
subsection.
§ 1630. Disposition of funds.
(a) Plant and Pollinator Protection Account.--The Plant and
Pollinator Protection Account is established as a restricted
account in the General Fund.
(b) Plant Pest Management Account.--Money within the Plant
Pest Management Account shall be transferred to the Plant and
Pollinator Protection Account within 60 days of the effective
date of this subsection, at which time the Plant Pest Management
Account shall be dissolved.
(c) Disposition of money.--Money collected under this
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chapter, including money derived from grants, gifts and
donations, including money derived from fees, fines and civil
penalties, shall be paid into the Plant and Pollinator
Protection Account for use by the department in administering
this chapter. Money placed in the account under this section
shall be made available on the effective date of this subsection
and is specifically appropriated to the department for the
purpose of improving and enhancing the administration of the
programs and duties specified in this chapter. Money placed in
the account shall not replace general revenues appropriated for
this purpose.
(d) Supplements to fund.--The Plant and Pollinator
Protection Account may be supplemented by money received from
other sources, including:
(1) Federal funds appropriated or granted to the
department for use consistent with this chapter.
(2) State funds appropriated or granted to the
department for use consistent with this chapter.
(3) Proceeds from the sale of bonds made available to
the department for use consistent with this chapter.
(4) Gifts, grants, donations and other contributions
from public and private sources.
§ 1631. Exclusion of local laws and regulations.
(a) Preemption.--This chapter and its provisions are of
Statewide concern and occupy the whole field of regulation
regarding the licensure and inspection of plant merchants and
pollinator operations to the exclusion of all local regulations.
Except as otherwise specifically provided in this chapter, no
ordinance or regulation of any political subdivision or home
rule municipality may prohibit or in any way attempt to regulate
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any matter relating to plant merchants or pollinator operations,
if any of these ordinances, laws or regulations are in conflict
with this chapter.
(b) Local restrictions on beekeeping.--A local agency,
political subdivision or home rule municipality may not adopt an
ordinance or regulation to restrict or prohibit the keeping of
honey bees or other managed pollinators, without notifying the
department in writing of their intent to adopt a regulation. A
department apiary program representative or designee may be
given an opportunity to provide comment at a public meeting
prior to a vote on the ordinance or regulation.
Section 2. Chapter 21 of Title 3 is repealed:
[CHAPTER 21
BEES
Sec.
2101. Short title of chapter.
2102. Definitions.
2103. Chief apiary inspector.
2104. Quarantines.
2105. Registration of apiaries.
2106. Inspection.
2107. Diseases.
2108. Infected shipments.
2109. Prohibitions.
2110. Free access.
2111. Transportation.
2112. Imported bees.
2113. Penalties.
2114. Civil penalties.
2115. Injunctions.
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2116. Concurrent remedies.
2117. Disposition of funds.
§ 2101. Short title of chapter.
This chapter shall be known and may be cited as the Bee Law.
§ 2102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Apiary." Any place where one or more colonies or nuclei of
bees are kept.
"Apiary yard." A fixed location or locations in this
Commonwealth where an apiary is maintained on a continuing basis
from which hives may be moved to temporary locations for crop
pollination and returned.
"Appliance." Any apparatus, tool, machine or other device
used in the handling and manipulating of bees, honey, wax and
hives and any container of honey and wax which may be used in
any apiary or in transporting bees and their products and apiary
supplies.
"Bee." Any stage of the common hive or honeybee (Apis
mellifera) or other species of the genus Apis.
"Bee disease." Any American or European foul brood, sac
brood, bee paralysis or other disease or abnormal condition of
eggs, larval, pupal or adult stages of the honeybee.
"Bureau." The Bureau of Plant Industry of the Department of
Agriculture.
"Hive." Any frame hive, box hive, box, barrel, log, gum,
skep or other receptacle or container, natural or artificial, or
any part thereof, which may be used or employed as a domicile
for bees.
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"Owner of an apiary." Includes all colonies owned by an
individual and located in any permanent location or locations
within this Commonwealth.
"Queen apiary." Any apiary or premises in which queen bees
are reared or kept for sale or gift.
"Violation." A violation of this chapter or any order or
regulation promulgated under this chapter.
§ 2103. Chief apiary inspector.
The secretary shall appoint a chief apiary inspector to be in
charge of all apiary inspections and shall appoint such
additional apiary inspectors as may be necessary. The inspectors
shall be attached to the bureau and shall be furnished with
official badges or other insignia of authority. The secretary
and the bureau are charged with the enforcement of the
provisions of this chapter.
§ 2104. Quarantines.
The department may establish, modify and maintain such
quarantines as may be necessary to control the shipment into or
within this Commonwealth of any bees, queen bees, hives or
appliances capable of transmitting any bee disease for such
periods and under such conditions as may be necessary in order
to control and eradicate any bee disease or to prevent its
introduction, spread or dissemination in this Commonwealth and
for such purposes may make and promulgate such rules,
regulations and orders relating thereto and to the general
enforcement of the provisions of this chapter as may be
necessary.
§ 2105. Registration of apiaries.
(a) General rule.--The owner of an apiary located in this
Commonwealth shall register the apiary with the department.
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(b) Application.--The application for registration of an
apiary shall be made on a form provided by the department and
shall include all of the following:
(1) The name and complete mailing address of the owner
of the apiary and the name and complete mailing address of
the person primarily responsible for maintaining and caring
for the apiary if different from the owner.
(2) The exact location or locations of each apiary.
(3) The number of colonies contained in the apiary.
(4) Such other information as the department may
require.
(c) Fee.--The apiary registration fee shall be $10 for each
applicant. No fee shall be charged for temporary relocation of a
hive or hives for crop pollination from an apiary yard properly
registered as an apiary under this chapter.
(d) Registration term.--A registration under this section
shall be valid for a period of not more than two calendar years
and shall expire on December 31 of the year following the
initial year of registration.
(e) Relocation.--The department may by regulation require
apiary owners to report the relocation of an apiary from its
original location as reported at the time of registration to
another location in this Commonwealth. The owner of an apiary
yard which is properly registered as an apiary under this
chapter shall not be required to report the temporary relocation
of a hive or hives for crop pollination as long as proper
records of hive locations are maintained by the owner at a
location available to the department for inspection.
§ 2106. Inspection.
The department through the inspectors shall at least twice
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during each summer season inspect all queen apiaries. If from
the inspection it appears that any bee disease exists in the
queen apiary, the apiary inspector making the inspection shall
immediately notify in writing the owner or person in charge
thereof, and thereafter it shall be unlawful for that person to
ship, sell or give away any queen bees from the apiary until the
disease has been destroyed and a certificate of that fact has
been obtained from the chief inspector. If upon inspection it is
found that no bee disease exists in the queen apiary, the chief
inspector shall issue a certificate of that fact, and a copy of
the certificate shall be attached to each package or shipment of
queen bees transported from the apiary. The certificate shall be
valid for one year from the date of its issue unless revoked for
cause.
§ 2107. Diseases.
(a) General rule.--The department through the inspectors
shall, as far as practicable, inspect all apiaries in this
Commonwealth. If upon inspection it is found that any bee
disease exists in the apiary, the inspector making the
inspection shall immediately notify in writing the owner or
person in charge of the apiary, stating the nature of the
disease and whether the disease may or may not be successfully
treated. If the disease may be successfully treated, the
inspector shall specify and direct the necessary treatment,
which shall be administered by the owner or person in charge
within 14 days.
(b) Service of notices.--The written notice required by
section 2106 (relating to inspection) and this section may be
served by handing a copy thereof to the owner or person in
charge of the apiary or by leaving a copy thereof with an adult
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person residing upon the premises or by registered mail
addressed to the owner or person in charge of the apiary at his
last known or reputed address.
§ 2108. Infected shipments.
Infected shipments, apiaries where the existing disease
cannot be successfully treated and apiaries which are affected
by disease amenable to treatment but which have not been treated
within a period of 14 days after the owner thereof has received
notice of the necessary treatment are hereby declared to be a
public nuisance and a menace to the community, and the director
of the bureau or his authorized agent may destroy by burning or
otherwise, without any remuneration to the owner, any infected
bees, hives, honey or appliances found therein.
§ 2109. Prohibitions.
(a) Infected colonies, hives or appliances.--No person shall
knowingly keep in his possession without proper treatment any
colony of bees affected with any bee disease or expose any
diseased colony or infected hive or appliance so that flying
bees may have access to them.
(b) Infected bees.--No person shall sell, barter or give
away, accept, receive or transport any bees affected with any
bee disease.
(c) Hives.--No person shall keep or maintain honeybees in
any hive other than a modern movable frame hive which permits
thorough examination of every comb to determine the presence of
bee disease. All other types of hives or receptacles for bees
which are in use are hereby declared to be a public nuisance and
a menace to the community, and the secretary, the chief apiary
inspector or any apiary inspector may seize and destroy the hive
or receptacle without remuneration to the owner.
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§ 2110. Free access.
The department, the chief apiary inspector and any apiary
inspector shall have free access, ingress and egress to and from
any apiary, premises, building or other place, public or
private, in which bees, queen bees, wax, honey, hives or
appliances may be kept or stored. No person shall deny to such
duly authorized officer or agent access to any such place or
hinder or resist the inspection of the premises.
§ 2111. Transportation.
No person shall transport bees, hives or appliances into this
Commonwealth unless they are accompanied with a certificate of
inspection signed by the chief apiary inspector or corresponding
inspection official of the state or county from which the bees
are being transported. The certificate shall certify that actual
inspection of the bees was made within 30 days preceding the
date of shipment and that the bees, hives and appliances
contained in the shipment are free from bee diseases. It is the
duty of any officer, agent, servant or employee of any person,
firm or corporation engaged in transportation, who shall receive
a shipment of bees consigned to a point in this Commonwealth and
not having attached thereto a certificate as required, to
immediately notify the department and to hold the shipment
subject to its orders for a period of 15 days.
§ 2112. Imported bees.
No person shall import any living insects belonging to the
genus Apis from any foreign country except Canada for any
purpose without written permission from the department.
§ 2113. Penalties.
(a) First violation.--A first violation of this chapter or
any order or regulation promulgated under this chapter
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constitutes a summary offense punishable by a fine of not less
than $100.
(b) Second violation.--A second violation of this chapter or
any order or regulation promulgated under this chapter
constitutes a summary offense punishable by a fine of not less
than $300.
(c) Subsequent violations.--A third and subsequent violation
of this chapter or any order or regulation promulgated under
this chapter constitutes a misdemeanor of the third degree
punishable by a fine of not less than $1,000.
§ 2114. Civil penalties.
(a) Assessment.--The department may assess a civil penalty
of not more than $1,000 upon a person for each violation.
(b) Contest.--If a civil penalty is assessed against a
person under subsection (a), the department shall notify the
person by certified mail of the nature of the violation and the
amount of the civil penalty and that the person may notify the
department in writing within ten calendar days that he wishes to
contest the civil penalty. If within ten calendar days from the
receipt of that notification the person does not notify the
department of his intent to contest the assessed penalty, the
civil penalty shall become final.
(c) Hearing and appeal.--If timely notification of the
intent to contest the civil penalty is given, the person
contesting the civil penalty shall be provided with a hearing in
accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice
and procedure of Commonwealth agencies). Appeals may be taken in
accordance with 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial
review of Commonwealth agency action).
§ 2115. Injunctions.
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The Attorney General at the request of the department may
initiate in the Commonwealth Court or the court of common pleas
of the county in which the defendant resides or has a place of
business an action in equity for an injunction to restrain any
violation of this chapter or any order or regulation promulgated
under this chapter. The Commonwealth shall not be required to
furnish a bond or other security in connection with this
proceeding.
§ 2116. Concurrent remedies.
The penalties and remedies prescribed by this chapter are
concurrent. The existence or exercise of any remedy shall not
prevent the exercise of any other remedy under this chapter.
§ 2117. Disposition of funds.
Moneys received from registration fees, fines and civil
penalties shall be paid into the State Treasury and shall be
credited to the general government operations appropriation of
the Department of Agriculture for administering the provisions
of this chapter.]
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 3
Pa.C.S. Ch. 16.
(2) The act of December 16, 1992 (P.L.1228, No.162),
known as the Plant Pest Act, is repealed.
Section 4. This act shall take effect in 60 days.
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