An Act amending the act of March 1, 1974 (P.L.90, No.24), known as the Pennsylvania Pesticide Control Act of 1973, further providing for delegation of duties and exclusion of local laws and regulations.

PRINTER'S NO. 3209
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2389
Session of
2026
INTRODUCED BY O'MARA, KHAN, SANCHEZ, GIRAL, HILL-EVANS,
BOROWSKI, GREEN, CEPEDA-FREYTIZ, SAMUELSON, BRENNAN,
SHUSTERMAN AND STEELE, APRIL 15, 2026
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 16, 2026
AN ACT
Amending the act of March 1, 1974 (P.L.90, No.24), entitled "An
act relating to the labeling, distribution, storage,
transportation, use, application and disposal of pesticides
and devices; providing for registration and examination of
such materials; the licensing of pesticide dealers and pest
management consultants and imposing penalties," further
providing for delegation of duties and exclusion of local
laws and regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 37 of the act of March 1, 1974 (P.L.90,
No.24), known as the Pennsylvania Pesticide Control Act of 1973,
is amended to read:
Section 37. Delegation of Duties; [Exclusion] Limitation of
Local Laws and Regulations.--(a) All authority vested in the
secretary by virtue of the provisions of this act may with like
force and effect be executed by such employes of the
Commonwealth as the secretary may from time to time designate
for said purpose.
(b) This act and its provisions are of Statewide concern and
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occupy the whole field of regulation regarding the registration,
sale, transportation, distribution, notification of use, and use
of pesticides to the exclusion of all local regulations. Except
as otherwise specifically provided in this act, no ordinance or
regulation of any political subdivision or home rule
municipality may prohibit or in any way attempt to regulate any
matter relating to the registration, sale, transportation,
handling or use of pesticides, if any of these ordinances, laws
or regulations are in conflict with this act.
(c) Notwithstanding subsection (b), a municipal corporation
may, by ordinance, establish a restricted application district
in a contiguous geographic area where the population density is
not less than three hundred persons per square mile. The
ordinance under this subsection may limit or prohibit the
application of specified pesticides in outdoor areas by a
commercial applicator, or a pesticide application technician on
behalf of a commercial applicator, on privately held property.
The scope of authority under this subsection shall not include
the regulation of aerial application, applications on public
property, applications on agricultural property or applications
by public applicators.
(d) The Department of Community and Economic Development
shall, within one hundred twenty days of the effective date of
this subsection, prepare a sample advisory ordinance that may be
used by a municipal corporation to exercise the authority
delegated under subsection (c).
Section 2. This act shall take effect in 60 days.
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