§ 1514. Individual permits
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 3 Pa.C.S.A. AgricultureEffective: December 29, 2017
Effective: December 29, 2017
3 Pa.C.S.A. § 1514
§ 1514. Individual permits
Individual permits may be issued for noxious weeds and controlled plants in accordance with the following:
(4) For each noxious weed, the department shall issue a temporary order establishing the criteria for the individual permit to be issued. For a controlled plant, upon determining that a set of characteristics or circumstances requires the issuance of an individual permit, the department shall issue a temporary order establishing the criteria for the individual permit to be issued. The following shall apply:
(ii) The physical location, including a detailed plot map and description of the site to be planted or the site where the noxious weed or controlled plant will be propagated, cultivated, stored or distributed. The description of the location shall also include the county, municipality and the name of each road bordering the physical location. The plot map shall be attached to the application and shall state the GPS coordinates outlining the boundaries of the site and other important landmarks.
(iv) The scientific and common names of the noxious weed or controlled plant for which the applicant desires an individual permit according to the United States Department of Agriculture PLANTS Database, including classification of species by sterile biotype, cultivar, variety F1 parent, variety F2 parent or other name.
(A) If the permit holder intends to transfer possession or ownership of the noxious weed or controlled plant, the permit holder shall, before the transfer of possession or ownership, notify the department and assure the person to whom the noxious weed or controlled plant will be transferred or sold that the permit holder has obtained the required individual permit.
(B) If the permit holder intends to stop growing or cultivating the noxious weed or controlled plant, the permit holder shall notify the department and implement all measures ordered by the department to destroy the noxious weed or controlled plant, unless another person assumes responsibility for the noxious weed or controlled plant and is issued an individual permit.
(C) If the permit holder abandons, relinquishes possession or ownership of, control over or responsibility for the noxious weed or controlled plant in a manner inconsistent with the provisions of this chapter, all plant material regulated by the permit shall be destroyed in a manner approved by the department. The original permit holder shall continue to be responsible for the noxious weed or controlled plant, the cost of destruction and eradication of the noxious weed or controlled plant and any plant material associated with the noxious weed or controlled plant. The original permit holder shall continue to be subject to the penalties imposed under this chapter.
(xi) Whether the noxious weed or controlled plant will be further distributed, sold, transported, replanted, used for seed or other purposes. If the noxious weed or controlled plant will be further distributed, sold, transported, replanted, used for seed or other purposes, the permit shall include the name and address of the person and location to which the noxious weed or controlled plant will be distributed, sold or transported. If sold or distributed for further propagation, the application shall include the information required under subparagraphs (i) and (ii) and the name and address of the person to which the noxious weed or controlled plant was sold or distributed for the use.
(6) The secretary may request, in writing, additional information, if necessary, from the applicant after the application is received to evaluate the potential risk to the Commonwealth. An applicant for an individual permit may be required to post a bond or other security instrument in a form satisfactory to the secretary in an amount the secretary determines.
(7) An individual permit shall expire on December 31 of each year, unless otherwise specified in the permit. An application for renewal of an individual permit must be made by October 1 of the year the permit expires. An application for renewal shall describe any change to the required information previously submitted. Failure to renew an individual permit shall be a violation of this chapter.
(8) General information regarding permit compliance shall be updated on a calendar year basis. Updated information shall be submitted to the department no later than January 10 of each new calendar year. Failure to submit the required information within the time period established under this paragraph shall be a violation of this chapter.
(9) Before the approval and issuance of an individual permit, the department may enter onto and inspect the land and premises, including buildings and conveyances, that will be utilized for the purpose of engaging in an activity authorized by the permit. The inspection shall be limited to normal business hours.
Credits
2017, Oct. 30, P.L. 774, No. 46, § 1, effective in 60 days [Dec. 29, 2017].
3 Pa.C.S.A. § 1514, PA ST 3 Pa.C.S.A. § 1514
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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