2.2 Pennsylvania Pesticide Control Act of 1973 & Regulations
Key Takeaways
- The Pennsylvania Pesticide Control Act of 1973 was enacted as the Act of March 1, 1974, P.L. 90, No. 24 (Act 24 of 1974), codified at 3 P.S. §§ 111.21-111.61 and implemented by 7 Pa. Code Chapter 128.
- The Secretary of Agriculture is the enforcing official; the PDA Bureau of Plant Industry handles licensing, inspection, and enforcement.
- Act § 33 lets the Secretary enter public or private premises at reasonable times to sample and inspect; if access is denied, the Secretary may obtain a search warrant.
- Act § 30.1 authorizes a civil penalty of up to $10,000 per offense against an individual or business, after notice and an opportunity for a hearing.
- Act § 29 makes unlawful conduct a summary offense punishable by a fine of not more than $300 and up to 90 days; repeat or post-warning violations are a second-degree misdemeanor (up to $5,000 and 2 years), or a third-degree misdemeanor for private applicators (up to $2,500 and 1 year).
2.2 Pennsylvania Pesticide Control Act of 1973 & Regulations
Federal statutes set the national floor for pesticide registration and worker safety, but the states hold primary enforcement authority over pesticide distribution, use, storage, disposal, and applicator licensing inside their borders. In Pennsylvania that authority comes from the Pennsylvania Pesticide Control Act of 1973, enacted as the Act of March 1, 1974, P.L. 90, No. 24 and codified at 3 P.S. §§ 111.21-111.61, together with the regulations at 7 Pa. Code Chapter 128.
Citation trap: The Act is commonly called the "Pesticide Control Act of 1973" even though it was signed on March 1, 1974. The act number is No. 24 of 1974. Learn the P.L. 90, No. 24 citation; several third-party study aids print an incorrect act number.
Statutory Framework & PDA Regulatory Authority
Act § 3 states the legislative purpose: pesticides are valuable to agricultural production and to protecting people and the environment from pests, but they must be regulated to prevent adverse effects on human life and the environment. Act § 2 names the Secretary of Agriculture as the enforcing official. Within the PDA, the Bureau of Plant Industry administers the pesticide program across Pennsylvania's 67 counties.
Statutory powers exercised under the Act include:
- Licensing and certification of commercial, public, and private applicators, registered pesticide application technicians, pesticide application businesses, pesticide dealers, and pest management consultants (Act §§ 12, 13, 15.1, 16.1, 16.2, 17, 17.1).
- Product registration of every pesticide distributed in the Commonwealth (Act § 5.1), with authority to refuse, cancel, or suspend a registration (Act § 6).
- Inspection of equipment, with authority to require repairs or changes before further use (Act § 21).
- Accident and incident reporting requirements set by regulation (Act § 20).
- Additional regulatory authority (Act § 25.1) covering aerial application of restricted use pesticides to rights-of-way, prior notification of residents on contiguous land, and a prohibition on applying restricted use pesticides within 100 feet of designated natural areas on State forest land and areas listed in the Pennsylvania Natural Diversity Inventory, unless a waiver is granted.
- Temporary suspension of a license or certificate that presents an immediate and clear danger to public health and safety, with a preliminary hearing within 30 days and a maximum suspension of 180 days (Act § 23.1).
- A Pesticide Advisory Board that advises the Secretary and meets at least four times a year (Act § 25).
Inspection & Enforcement Powers
Right of Entry & Facility Inspections
Act § 33(a) authorizes the Secretary to enter any public or private premises at reasonable times to sample and examine pesticides or devices, and specifically to:
- Access and inspect equipment subject to the Act and the premises where it is kept or stored.
- Inspect land actually or reportedly exposed to pesticides.
- Inspect storage or disposal areas.
- Inspect or investigate complaints of injury to humans or land.
- Sample pesticides being applied or about to be applied.
Inspectors also review the records that licensees must keep under Act § 35 and 7 Pa. Code §§ 128.11, 128.24, 128.35, 128.53, 128.65, and 128.88.
Important nuance: entry is not unlimited. Under Act § 33(b), if the Secretary is denied access to land or buildings, the remedy is to apply to an issuing authority for a search warrant. Routine inspections during business hours do not require a warrant; forced entry over an objection does.
Sampling & Evidence Collection
Inspectors take official samples of concentrates, tank mixes, soil, foliage, and water, and swab non-target surfaces. Samples establish whether a product is adulterated (strength or purity below the professed standard, a substituted substance, or a valuable constituent removed - Act § 4(3)) or misbranded, and they document drift onto non-target property.
Stop Sale, Use, or Removal Orders
Act § 10 authorizes a written "Stop Sale, Use, or Removal" order when a pesticide is being distributed or used in violation of the Act. The recipient may not sell, move, or use the designated lot until the Department releases it in writing. Act § 11 provides for judicial action after such an order, including condemnation.
Unlawful Conduct
Act § 28 is deliberately broad: "It shall be unlawful to violate any of the provisions of this act or rules and regulations adopted hereunder or any order issued pursuant hereto." Together with the prohibited acts in Act § 8, this makes each of the following a violation:
- Applying a registered pesticide in a manner inconsistent with its labeling - simultaneously a federal violation of FIFRA § 12(a)(2)(G).
- Applying without the required certification, technician registration, or business license, or purchasing restricted use pesticides without valid certification.
- Failing to create or keep required records - for a pesticide application business, records must be completed within 24 hours of the application date and kept at least 3 years (7 Pa. Code § 128.35).
- False, misleading, or fraudulent statements about pesticide safety, efficacy, or licensing status.
- Operating defective application equipment; the Secretary may require repairs before further use (Act § 21).
- Improper storage or disposal, including putting pesticides in unlabeled food or beverage containers or discharging pesticides, rinsate, or containers where they pollute waters of the Commonwealth.
- Interfering with an authorized inspector performing duties under the Act.
- Failing to give required prior notification before certain restricted use pesticide applications (7 Pa. Code Subchapter C).
Penalties: What the Statute Actually Says
Candidates routinely memorize invented dollar figures for this exam. The real numbers come from Act § 30.1 (civil penalties) and Act § 29 (criminal penalties).
| Mechanism | Authority | Maximum Sanction | When It Applies |
|---|---|---|---|
| Warning in lieu of penalty | Act § 30.1(c) | Written warning | The Secretary finds a violation that did not cause harm to human health or unreasonable adverse effect on the environment. |
| Civil penalty | Act § 30.1(a) | Up to $10,000 per offense, on an individual or a business | Any violation of the Act, a regulation, or an order. Requires notice and an opportunity for a hearing (§ 30.1(b)). Unpaid penalties are referred to the Office of Attorney General (§ 30.1(d)). |
| Summary offense | Act § 29(a) | Fine of not more than $300, and/or imprisonment not more than 90 days | A first instance of unlawful conduct under Act § 28. |
| Misdemeanor of the second degree | Act § 29(b) | Fine not more than $5,000, and/or imprisonment not more than 2 years | A person other than a private applicator who, within 3 years of a summary conviction, commits similar unlawful conduct, or who violates the Act after receiving a written warning from the Secretary. |
| Misdemeanor of the third degree | Act § 29(c) | Fine not more than $2,500, and/or imprisonment not more than 1 year | A private applicator in the same repeat-violation or post-warning circumstances. |
| Injunction / civil remedy | Act § 31 | Equitable relief, plus civil penalties levied by the court | The Attorney General, at the Secretary's request, sues in Commonwealth Court or the county court of common pleas. |
| Denial, suspension, revocation | Act §§ 9, 23.1 | Loss or restriction of any license, permit, or certificate | Severe or repeated violations; temporary suspension for immediate and clear danger. |
Memory hook: the civil ceiling is $10,000 and it is assessed administratively by the Secretary. The criminal numbers are much smaller - $300 summary, $5,000 M2, $2,500 M3 - because they are prosecuted in the courts. Act § 32 makes these remedies concurrent, so a single incident can draw a civil penalty, a criminal prosecution, and a license action at the same time.
Local Preemption and Trade Secrets
- Act § 37 delegates duties and excludes local laws and regulations: municipalities may not adopt pesticide ordinances that conflict with the Act. Applicators answer to PDA, not to a patchwork of township pesticide rules.
- Act § 17.3 protects trade secrets in registration data, and requires 30 days' written notice before the Secretary releases protected information, giving the registrant time to seek a declaratory judgment.
Under the Pennsylvania Pesticide Control Act of 1973, what is the maximum civil penalty the Secretary of Agriculture may assess against an individual or business for each offense?
A commercial applicator with no prior violations is convicted in a summary proceeding of unlawful conduct under Section 28 of the Act. What is the maximum penalty?
What is the correct legislative citation for the Pennsylvania Pesticide Control Act of 1973?
A PDA inspector arrives at a pesticide application business during normal operating hours and the owner refuses to allow entry to the storage building. What does Section 33 of the Act authorize the Secretary to do?