An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for mushroom farming; imposing duties on the Department of Agriculture; and establishing the Mushroom Farming and Composting Fund.

PRINTER'S NO. 2591
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2034
Session of
2025
INTRODUCED BY SAPPEY, SANCHEZ, GUENST, HILL-EVANS, HOWARD,
PIELLI, SHUSTERMAN, FRIEL, OTTEN, HADDOCK AND PASHINSKI,
NOVEMBER 13, 2025
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
NOVEMBER 13, 2025
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for mushroom farming; imposing duties on
the Department of Agriculture; and establishing the Mushroom
Farming and Composting Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding a chapter to read:
CHAPTER 12
MUSHROOM FARMING
Sec.
1201. Definitions.
1202. Best management practices.
1203. Mitigation plans.
1204. General inspections.
1205. Mushroom Farming and Composting Fund.
§ 1201. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Fund." The Mushroom Farming and Composting Fund established
under section 1205 (relating to Mushroom Farming and Composting
Fund).
"Mushroom composting operation." Any farm or business that
produces compost from the spent mushroom substrate used to grow
mushrooms.
"Mushroom farm." A normal agricultural operation where the
main crop being produced, grown, harvested, transported or
exported are mushrooms.
"Normal agricultural operation." As defined under section 2
of the act of June 10, 1982 (P.L.454, No.133), entitled "An act
protecting agricultural operations from nuisance suits and
ordinances under certain circumstances."
"Operation." Either a mushroom composting operation or a
normal agricultural operation.
§ 1202. Best management practices.
(a) Duties of the department.--The department shall, in
collaboration with the Department of Environmental Protection,
develop best management practices for mushroom farms and
mushroom composting operations. These practices shall include,
but are not limited to, measures providing for the mitigation
of:
(1) mushroom phorid flies on the farm or composting
operation; and
(2) hydrogen sulfide produced by mushroom farms or
mushroom composting operations.
(b) Notification.--Within 90 days following the effective
date of this subsection, the department shall promulgate the
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best management practices and post them on the department's
publicly accessible Internet website. The department shall
notify operations required to develop a mitigation plan under
section 1203 (relating to mitigation plans) by first class mail
to each operation's registered mailing address.
§ 1203. Mitigation plans.
(a) Requirement.--All existing and new mushroom farms and
mushroom composting operations shall develop and implement
mitigation plans that utilize the best management practices for
the mitigation of:
(1) phorid flies on the farm or composting operation;
and
(2) hydrogen sulfide.
(b) Review and approval.--The plan implemented under
subsection (a), or any plan amendment, shall be submitted to the
department for review and approval. Within 90 days of receipt of
a mitigation plan or plan amendment, the department shall
approve or disapprove the plan or plan amendment. The following
shall apply:
(1) Approvals shall only be granted for those plans or
plan amendments that satisfy the requirements of the
regulations promulgated under this chapter.
(2) Notice of determination to approve or disapprove a
plan or plan amendment shall be provided in writing to the
person submitting the plan or plan amendment.
(3) Notice of a determination to disapprove shall
include an explanation specifically stating the reasons for
disapproval.
(4) If a plan or plan amendment is disapproved, the
person submitting the plan or plan amendment shall have 60
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days after receipt of notice of disapproval to resubmit a
revised plan or plan amendment.
(5) An existing or new mushroom farm or mushroom
composting operation that submits a complete plan or plan
amendment is authorized to implement the plan or plan
amendment if the department fails to act within 90 days of
submittal.
(c) Implementation.--A person required to have a mitigation
plan under this section shall fully implement the plan prior to
commencing use of the new mushroom farm or mushroom composting
operation.
(d) Transferability of plans.--A plan approved under this
section shall be transferable to a subsequent owner of a
mushroom farm or mushroom composting operation upon notification
of the transfer to the department unless the transfer results in
operational changes requiring plan modification pursuant to the
criteria established in this section.
(e) Fines.--If a farm or composting operation required to
have a mitigation plan under this section fails to submit a plan
or implement an approved plan within 90 days of the effective
date of this subsection, the department may assess a civil
penalty of not more than $1,000.
(f) Effectiveness of section.--The requirements of this
section shall become mandatory 90 days following the effective
date of the best management practices promulgated under section
1202 (relating to best management practices).
§ 1204. General inspections.
(a) Inspections.--To ensure that the operators of a mushroom
farm or mushroom composting operation are following established
best management practices and are implementing a mitigation plan
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approved under section 1203 (relating to mitigation plans), the
department shall perform an unannounced inspection of each
operator's facilities once every 18 months following the
approval of the mitigation plan. If a facility is not in
compliance with the mitigation plan, operators shall have 60
days to make any corrections that the department determines to
be necessary.
(b) Fines.--Following the 60-day period under subsection
(a), the department may assess a civil penalty of not more than
$1,000 for any mushroom farm or mushroom composting operation
that the department determines is out of compliance with the
approved mitigation plan.
§ 1205. Mushroom Farming and Composting Fund.
(a) Establishment.--The Mushroom Farming and Composting Fund
is established as a restricted revenue account in the State
Treasury. Money collected by the department under this chapter
or appropriated, given, granted or donated for the purpose
established under this chapter by the Commonwealth or any other
government or private agency or person shall be deposited into
the fund.
(b) Appropriation.--
(1) Money in the fund is appropriated to the department
on a continuing basis to be used for the purposes of this
chapter.
(2) All interest and earnings received from investments
or deposits of the money in the fund shall be paid into the
fund for the purpose authorized by this section. Unexpended
money and interest or earnings on the money in the fund may
not be transferred or revert to the General Fund but shall
remain in the fund to be used by the department for the
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purpose specified under this section.
Section 2. This act shall take effect immediately.
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