HB 1277 — 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
 1   Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
 2      Statutes, in plants and plant products, providing for plant
 3      and pollinator protection; conferring powers and duties on
 4      the Department of Agriculture and Secretary of Agriculture;
 5      establishing the Plant and Pollinator Protection Committee
 6      and the Plant and Pollinator Protection Account; repealing
 7      provisions relating to bees; imposing penalties; and making
 8      repeals.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Part III of Title 3 of the Pennsylvania
12   Consolidated Statutes is amended by adding a chapter to read:
13                                CHAPTER 16
14                      PLANT AND POLLINATOR PROTECTION
15   Subchapter
16      A.   General Provisions
17      B.   Licensure and Certification
18      C.   Enforcement
19      D.   Miscellaneous Provisions
 1                                SUBCHAPTER A
 2                             GENERAL PROVISIONS
 3   Sec.
 4   1601.   Short title.
 5   1602.   Definitions.
 6   1603.   Right of entry.
 7   1604.   Inspections, sampling, testing and certifications.
 8   1605.   Regulations, orders and pest tolerances.
 9   1606.   Surveys to determine existence of plant and pollinator
10               pests.
11   1607.   Proceedings upon finding plant or pollinator pests.
12   1608.   Invasive species or plant contaminants being moved by
13               plant merchants or pollinator operations.
14   1609.   Stop orders.
15   1610.   Quarantines.
16   § 1601.   Short title.
17      This chapter shall be known and may be cited as the Plant and
18   Pollinator Protection Act.
19   § 1602.   Definitions.
20      The following words and phrases when used in this chapter
21   shall have the meanings given to them in this section unless the
22   context clearly indicates otherwise:
23      "Apiary."   A place where one or more colonies or nucleus
24   colonies of honey bees are kept.
25      "Beekeeper."   A person that manages honey bees.
26      "Beekeeper location."     The primary address for a beekeeper
27   who manages honey bees primarily for personal use but does not
28   engage in other commercial pollinator transactions.
29      "Business location."    Premises where distribution of plants
30   for planting or managed pollinators takes place. This also

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 1   includes the primary address of a commercial beekeeper.
 2      "Colony."    A distinguishable, localized population of bees in
 3   any life stage and associated comb, honey and pollen.
 4      "Commodity."    An item for sale.
 5      "Compliance agreement."    A written agreement between the
 6   department and a person engaged in distributing regulated
 7   articles wherein the person engaged in distributing regulated
 8   articles agrees to comply with specified provisions and follow
 9   specified business practices to prevent dissemination of pests.
10      "Control."   The reduction of the population of a plant or
11   pollinator pest to an acceptable level as determined by the
12   department.
13      "Department."    The Department of Agriculture of the
14   Commonwealth.
15      "Distribute" or "distribution."     To make offers or
16   solicitations for the sale, resale, barter, exchange, loan,
17   lease, distribution or transfer of managed pollinators or plants
18   for planting.
19      "Eradication."    The elimination or removal of a pest from a
20   defined geographic area.
21      "General quarantine order."    An order of the department
22   pertaining to an area or locality within this Commonwealth to
23   restrict the movement of or prevent the spread, sale,
24   distribution or other disposition of a plant, plant product,
25   pollinator, pollinator product, pest, premises or any other
26   regulated article from movement into, within or from the area or
27   locality subject to the quarantine. A general quarantine order
28   may encompass the entire Commonwealth.
29      "Hive."    A structure, including natural or artificial boxes,
30   containers or receptacles, or any part thereof, including

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 1   frames, which may be utilized by a beekeeper as a domicile for
 2   bees where the bees are expected to inhabit and establish a
 3   colony.
 4      "Honey bee."   Any life stage of the common honey bee (Apis
 5   mellifera).
 6      "Inspector."   An employee or officer of the department or a
 7   representative or agent of the department duly appointed by the
 8   secretary to carry out the provisions of this chapter.
 9      "Interstate quarantine order" or "international quarantine
10   order."   An order of the department establishing restrictions
11   upon the use, sale, distribution, movement or other disposition
12   of a plant, plant product, pollinator, pollinator product, pest,
13   premises or any other regulated article contaminated with,
14   exposed to, harboring or capable of harboring or spreading a
15   pest, and regulating or forbidding their entry into this
16   Commonwealth from another state, territory of the United States
17   or a foreign country.
18      "Invasive species."   A nonnative species whose introduction
19   causes or is likely to cause economic or environmental harm or
20   harm to animal or human health, as determined by the department.
21      "License."   Written authorization issued by the department
22   and required for every plant merchant, pollinator operation or
23   person to operate a business or manage premises on which the
24   distribution of plants for planting or managed pollinators or
25   the maintenance of honey bees takes place.
26      "Licensed establishment."    An establishment licensed or
27   required to be licensed under this chapter.
28      "Licensed person."    A person licensed or required to be
29   licensed under this chapter.
30      "Managed pollinator."    Honey bees being kept for any purpose,

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 1   and any other pollinators, such as bumble bees (genus Bombus),
 2   mason bees (genus Osmia) or leafcutter bees (genus Megachile)
 3   being distributed for purposes of pollination services.
 4      "Nucleus colony."    A small colony of honey bees that usually
 5   includes a queen, brood and food resources on a comb, and is
 6   categorized by size, such as six-frame, five-frame, baby frame,
 7   deep frame or medium frame, or queen status, such as queenright
 8   or queenless.
 9      "Out yard."    Fixed premises in this Commonwealth where an
10   apiary is maintained on a continuing basis from which hives may
11   be moved to temporary locations for crop pollination and
12   returned.
13      "Package bees."    A container, usually sold by weight, in
14   which worker honey bees, with or without a queen, are contained
15   temporarily without forming a colony.
16      "Person."    An individual, corporation, association,
17   partnership or any other entity, including a Federal, State and
18   local governmental entity.
19      "Pest."   An organism causing or capable of causing injury or
20   damage to plants or plant products, and pollinators or
21   pollinator products, as determined by the department. The term
22   includes disease-causing pathogens, parasites, other plants and
23   insects and invasive species capable of causing injury to plants
24   or pollinators.
25      "Phytosanitary."    Having the purpose of preventing or
26   mitigating the introduction or spread of plant pests or limiting
27   the economic impact of plant pests.
28      "Phytosanitary certificate."    A document authorized or
29   prepared by the department that affirms, declares or verifies
30   that an article, nursery stock, plant product or any other

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 1   article regulated under this chapter meets plant health
 2   standards and requirements of an intended receiving
 3   municipality, state or country.
 4      "Plant" or "plant product."    A plant or portion of a plant,
 5   whether living or dead.
 6      "Plant contaminant."   A biological, chemical or radiological
 7   substance which in sufficient concentration in plants can
 8   adversely affect other living organisms.
 9      "Plant merchant."    Any of the following:
10          (1)   A person that owns, leases, manages or is in charge
11      of a business location, premises or nursery and grows,
12      warehouses, displays, stores or in any manner keeps,
13      maintains or deals with plants for planting for distribution.
14          (2)   A person that buys or obtains on consignment plants
15      for planting for the purpose of distributing.
16          (3)   A person that is a commercial distributor of plants
17      for planting.
18          (4)   A person, such as a landscaper, that is engaged in
19      the distribution of plants for the purpose of planting or
20      transplanting for others or grows, maintains, warehouses or
21      deals with plants for planting distribution to others.
22          (5)   A person that distributes plants for planting to
23      others as a premium, promotion or advertisement or for
24      research purposes.
25          (6)   A person that advertises plants for planting for
26      distribution.
27          (7)   A person that brokers or solicits orders for the
28      distribution of plants for planting.
29          (8)   A person that collects native plants or parts of
30      plants to be sold or grown for plants for planting.

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 1      "Plants for planting."    Living plants and parts of living
 2   plants intended to remain planted, to be planted or to be
 3   replanted to ensure their subsequent growth, reproduction or
 4   propagation. The term pertains to living plants and includes all
 5   trees, shrubs, brambles, woody vines, woody florist stock,
 6   herbaceous perennials, vegetable plants, bulbs, bedding and
 7   other annual herbaceous plants, their roots, cuttings, grafts,
 8   scions, buds, fruit pits, seeds and their parts for propagation,
 9   except field crop seeds, vegetable seeds and flower seeds,
10   regardless of where these plants or plant materials may have
11   been grown or are growing.
12      "Pollinator."   An insect that moves pollen from plants to
13   fertilize other plants for the purpose of plant reproduction.
14      "Pollinator certificate of inspection."    A document
15   authorized or prepared by the department or by a recognized
16   official of the country, state or territory of origin that
17   affirms, attests or verifies that items such as colonies, hives,
18   nucleus colonies, queens, package bees, managed pollinators or
19   other regulated articles offered for distribution meet health
20   requirements established by the authorized signatory agency.
21      "Pollinator operation."    Any of the following:
22          (1)   A beekeeper, whether managing honey bees for
23      commercial business or personal use.
24          (2)   A person that offers live honey bees or other
25      managed pollinators for sale or distribution.
26          (3)   A person that buys or obtains on consignment managed
27      pollinators for the purpose of distribution.
28          (4)   A person that commercially distributes managed
29      pollinators.
30          (5)   A person that distributes managed pollinators to

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 1      others as a premium, promotion or advertisement or for
 2      research purposes.
 3          (6)    A person that advertises managed pollinators for
 4      distribution.
 5          (7)    A person that brokers or solicits orders for the
 6      distribution of managed pollinators.
 7          (8)    A person, such as a business, school, club or
 8      association, that manages honey bees for educational or
 9      therapeutic purposes, the organization's use, research or any
10      similar purpose.
11      "Premises."
12          (1)    Any of the following:
13                 (i)    A definite portion of real estate.
14                 (ii)    Land with its appurtenances, including any
15          structure erected thereon.
16                 (iii)    A vehicle or vessel used in transporting
17          passengers, goods, plants, pollinators or their products
18          by land, air or water.
19          (2)    As used in this chapter, the term shall be liberally
20      construed.
21      "Quarantine order."      An order of the department establishing
22   restrictions upon the use, sale, distribution, movement or other
23   disposition of a plant, plant product, pollinator, pollinator
24   product, pest, premises or any other regulated article
25   contaminated with, exposed to, harboring or capable of harboring
26   or spreading a pest, that is required to eradicate, contain,
27   control or prevent contamination by or exposure to a pest.
28      "Queen."    The dominant reproductive female insect recognized
29   within the colony.
30      "Regulated article."      A plant, plant product, pollinator,

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 1   pollinator product, hive, storage place, packaging, premises,
 2   facility, vehicle, building, tools and equipment, conveyance,
 3   container, soil and any other organism, object, goods, product
 4   or material capable of harboring or spreading pests or
 5   potentially exposed to pests that are subject to regulatory
 6   measures.
 7      "Remote location."   Any of the following:
 8          (1)   A premise that is owned, leased, managed or used by
 9      a plant merchant, pollinator operation or other person and
10      where plants for planting or managed pollinators are kept,
11      maintained, managed, displayed, warehoused, stored or grown
12      for the purpose of distribution at or through a physically
13      separate business location.
14          (2)   An out yard and other location where managed
15      pollinators are kept, other than the beekeeper location or
16      business location.
17      "Secretary."    The Secretary of Agriculture of the
18   Commonwealth.
19      "Special quarantine order."    An order of the department
20   covering a single premises, person or business location that
21   establishes restrictions upon the use, sale, distribution,
22   movement or other disposition of a plant, plant product,
23   pollinator, pollinator product, pest or any other regulated
24   article contaminated with, exposed to, harboring or capable of
25   harboring or spreading a pest.
26      "Stop order."   A written notice issued by the department to
27   the owner or custodian of a plant, plant product, managed
28   pollinators or other regulated article that prohibits the sale
29   or movement of plants, plant products, managed pollinators or
30   other regulated articles, including an article or object subject

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 1   to a quarantine order issued by the department.
 2      "Systems approach."       The application of different pest risk
 3   management measures, at least two of which act independently but
 4   with cumulative effect, to apply the appropriate level of
 5   phytosanitary protection. The term includes measures which do
 6   not kill pests or reduce their prevalence, but reduce their
 7   potential for entry or establishment, such as safeguarding.
 8      "Treatment order."     A written order of the department
 9   specifying certain measures to be taken to control or eradicate
10   a pest, including destruction of plants, plant products,
11   pollinators, hives or other regulated articles harboring or
12   capable of harboring or spreading a pest.
13   § 1603.    Right of entry.
14      (a)    Right of entry to licensed person.--
15             (1)   With regard to licensed persons or persons required
16      to be licensed under this chapter, in the performance of the
17      duties required by this chapter, the department or an
18      inspector for the department shall have the authority to,
19      within reasonable hours, enter a premises, business location,
20      remote location, out yard, building or vehicle for the
21      purpose of investigating and sampling regulated articles and
22      enforcement of this chapter.
23             (2)   The department or an inspector for the department
24      may open, inspect and sample a bundle, package or other
25      container of regulated articles to test for pests and to
26      carry out control measures as established in this chapter.
27             (3)   The department or an inspector for the department
28      shall be provided, upon request, access to records for the
29      purpose of review, inspection or copying of the records
30      required to be kept under this chapter.

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 1          (4)   A person may not:
 2                (i)    deny access to the department or an inspector
 3          for the department;
 4                (ii)    hinder, thwart, cause undue delay or defeat
 5          inspection or other necessary activity by
 6          misrepresentation or concealment of facts or conditions;
 7          or
 8                (iii)    interfere with the department or an inspector
 9          for the department as specified in section 1621 (relating
10          to interference with inspector).
11    (b)   Right of entry to private property.--
12          (1)   The department or an inspector for the department
13    shall have the authority to enter onto the premises of a
14    person not subject to the licensure requirements of this
15    chapter for the purpose of investigation and enforcement of
16    this chapter, including the collection of samples for testing
17    of pests and to carry out control measures as established in
18    this chapter.
19          (2)   Once on the premises, the department or an inspector
20    for the department must present themselves to the owner or
21    keeper of the property and obtain the permission of the owner
22    or a search warrant to enter or search an enclosed or fenced
23    area of the premises and any building, vehicle, vessel,
24    article, machine or conveyance located on the premises. The
25    department or an inspector for the department shall be
26    provided access to records for the purpose of review,
27    inspection and copying of the records when requested and as
28    required for proper enforcement of this chapter.
29    (c)   Refusal of entry.--
30          (1)   A person required to be licensed under this chapter

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 1    may not refuse entry to the department or an inspector for
 2    the department acting under the authority of this chapter.
 3    Refusing entry shall include:
 4              (i)    Preventing the department or an inspector for
 5        the department from entering the premises, a building or
 6        other area of the licensed establishment where regulated
 7        articles or records are kept or present or where there
 8        exists reasonable suspicion that regulated articles or
 9        records are kept or present.
10              (ii)    Preventing the department or an inspector for
11        the department from inspecting a regulated article under
12        this chapter, including access to and inspection of
13        required records.
14              (iii)    Hiding or concealing a regulated article,
15        including records, from the department or an inspector
16        for the department.
17              (iv)    Hiding, concealing or failure to disclose a
18        business location, including a remote location or an out
19        yard.
20              (v)    An act or omission that prevents the department
21        or an inspector for the department from gaining entry or
22        access to the premises, buildings, regulated articles or
23        areas of the licensed establishment where regulated
24        articles are kept or present.
25              (vi)    Any other act that hinders, interferes with or
26        causes unreasonable delay to the enforcement of this
27        chapter.
28        (2)   The following apply:
29              (i)    If the department or an inspector for the
30        department attempts an inspection under this chapter and

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 1            no person is present to grant access to the establishment
 2            or place to be inspected, the department or an inspector
 3            for the department may post a notice of inspection on an
 4            entrance to the establishment, indicating the need for
 5            access to the establishment for purpose of inspection
 6            within 36 hours from the time of posting.
 7                  (ii)   Failure to permit an inspection within the 36-
 8            hour time period on the notice under subparagraph (i)
 9            shall constitute a refusal of entry under this
10            subsection, unless, within the 36-hour time period, the
11            owner of the establishment to be inspected contacts the
12            department or an inspector for the department that posted
13            the notice of inspection and both parties agree upon a
14            different date or time. Entering into an agreement under
15            this subparagraph shall be at the sole discretion of the
16            department.
17      (d)   Search warrants.--An inspector or employee of the
18   department may apply for a search warrant to a court of
19   competent jurisdiction authorized to issue a search warrant for
20   the purposes of inspecting, examining, sampling and surveying
21   the premises, plants, managed pollinators and other regulated
22   articles and records of licensed persons or persons required to
23   be licensed under this chapter. A warrant may be issued for a
24   person not subject to the licensure requirements of this chapter
25   if there is reasonable suspicion that a pest exists on the
26   premises. The warrant shall be issued upon probable cause. The
27   following apply:
28            (1)   If a person is subject to the licensure requirements
29      of this chapter, probable cause shall exist upon a showing by
30      the department of any of the following:

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 1               (i)    That access or entry for the purpose of
 2        inspection or examination has been refused as specified
 3        in subsection (c).
 4               (ii)    The department has reasonable suspicion to
 5        believe that a violation of this chapter or a provision,
 6        rule, regulation or order adopted under this chapter has
 7        occurred or is occurring.
 8               (iii)    The department has reasonable suspicion to
 9        believe that the premises or a regulated article that is
10        or has been kept on the premises carries or is at risk of
11        carrying pests or has been exposed to pests.
12        (2)    A search warrant shall be issued upon the showing of
13    probable cause that a violation of this chapter or a
14    provision, rule, regulation or order adopted under this
15    chapter, has occurred or is occurring on the premises, or
16    upon reasonable suspicion that a pest exists on the premises
17    or that a regulated article that is or has been kept on the
18    premises carries or is at risk of carrying pests or has been
19    exposed to pests.
20        (3)    The search warrant shall describe the premises,
21    including the address and name of the company or owner, if
22    known, which may be searched under authority of the search
23    warrant, but need not describe the plant, plant products,
24    managed pollinators or other regulated articles which may be
25    searched or detained and are alleged to harbor, be capable of
26    harboring, carry or be at risk of carrying pests or have been
27    exposed to pests. A person may not refuse or delay admission
28    to a premises to the department or an inspector for the
29    department provided with a search warrant issued under this
30    section.

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 1   § 1604.    Inspections, sampling, testing and certifications.
 2      (a)    General inspection and sampling authority.--The
 3   department shall have the authority to:
 4             (1)   Inspect the premises of a person required to be
 5      licensed under this chapter, including an area in which
 6      plants, plant products, pollinators, pollinator products or
 7      other regulated articles are grown, stored, kept or
 8      distributed to others.
 9             (2)   Inspect, at any time or place, a plant, plant
10      product, managed pollinator, hive or other regulated article
11      stored, kept, shipped or moved to or from this Commonwealth,
12      and the vehicles or vessels on which they are shipped or
13      contained.
14             (3)   Collect samples for the presence of and testing for
15      pests and carry out control measures as established in this
16      chapter.
17      (b)    Private property.--The department shall have the
18   authority to enter onto the land or premises of a person not
19   subject to the licensure requirements of this chapter for the
20   purpose of investigation and enforcement of this chapter,
21   including the collection of samples for testing of pests. The
22   department shall obtain either the permission of the owner or a
23   search warrant to enter or search an enclosed or fenced area of
24   the property, building, vehicle, vessel, article, machine or
25   conveyance located on the land or premises.
26      (c)    Risk-based inspections.--The department shall, to the
27   extent practicable, employ a risk-based approach to conducting
28   the inspections authorized under subsection (a), giving
29   comparatively greater attention to pests deemed to be of
30   greatest risk to this Commonwealth and plants for planting,

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 1   plants, plant products, managed pollinators, hives or other
 2   regulated articles or premises that present the greatest risk of
 3   harboring pests or creating other pest-related problems.
 4      (d)   Discretionary inspections.--
 5            (1)   The department may provide phytosanitary certificate
 6      inspection services for a person that owns or possesses
 7      plants, plant products or other regulated articles intended
 8      for shipment either interstate or internationally as
 9      necessary to meet the statutory or regulatory requirements of
10      the intended receiving state or country. A phytosanitary
11      certificate inspection may include:
12                  (i)    Certification in accordance with another state's
13            or country's special handling requirements.
14                  (ii)   Confirmation of origin requirements,
15            preshipment treatment requirements, testing requirements
16            or inspection requirements.
17            (2)   The department may provide inspection services
18      necessary for the issuance of a phytosanitary certificate
19      inspection for a person that owns or possesses pollinators or
20      other regulated articles intended for sale or shipment either
21      interstate or internationally as necessary to meet the
22      statutory or regulatory requirements of an intended receiving
23      state or country. An inspection may include:
24                  (i)    Certification in accordance with another state's
25            or country's special handling requirements.
26                  (ii)   Confirmation of origin requirements,
27            preshipment treatment requirements, testing requirements
28            or inspection requirements.
29            (3)   The department may provide services necessary for
30      issuing compliance agreements to a person that seeks to meet

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 1      requirements or regulations of other states for shipping
 2      plants, plant products, managed pollinators or other
 3      regulated articles. Multiple states and commodities may be
 4      included in one comprehensive compliance agreement.
 5            (4)   The department shall charge a fee for performing any
 6      of the specialized certificate inspections described in this
 7      subsection. The fee shall be established as provided in
 8      section 1629 (relating to fees).
 9            (5)   The certificate inspections described in paragraphs
10      (1), (2) and (3) are discretionary on the part of the
11      department and shall only be made if all of the following
12      occur:
13                  (i)    A request is made for the certificate
14            inspection.
15                  (ii)    The fee for the certificate inspection has been
16            remitted to the department.
17                  (iii)    The department has qualified staff available
18            to conduct the requested specialized certificate
19            inspection.
20                  (iv)    The person making the request is in compliance
21            with this chapter, the regulations of the department and
22            an order of the department issued under this chapter.
23                  (v)    The person making the request is not found to be
24            in violation of this chapter.
25                  (vi)    The person making the request is current on all
26            fees due under this chapter.
27      (e)   Additional inspections, certifications and testing.--The
28   department shall have the discretion to provide additional
29   inspection, certification or testing services for a person that
30   owns or possesses plants, managed pollinators or other regulated

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 1   articles and may establish and charge reasonable fees for the
 2   services. The fees shall be established as provided in section
 3   1629. Services may include inspections conducted to confirm
 4   control, eradication or apparent freedom from pests or to
 5   provide certification other than as described in subsection (d).
 6      (f)    Refusal to inspect.--The department may refuse to
 7   perform an inspection described in this section if:
 8             (1)   the plants, managed pollinators or regulated
 9      articles to be inspected are found to be in a condition where
10      they cannot be adequately inspected;
11             (2)   the premises on which the plants, managed
12      pollinators or regulated articles are located is posted with
13      restrictions, including biosecurity restrictions, which the
14      department finds to be burdensome or unreasonable; or
15             (3)   the environs in which the plants, managed
16      pollinators or regulated articles are located present a
17      danger to the health or safety of the department employee or
18      inspection for the department.
19      (g)    Delegation.--The department may delegate, through
20   agreement, inspection, testing, training or certification duties
21   under this chapter to an agent acting on behalf of the
22   department.
23   § 1605.    Regulations, orders and pest tolerances.
24      (a)    Regulations and orders.--
25             (1)   The department shall have the power to promulgate
26      and adopt orders, rules and regulations as necessary to
27      effectuate the intent and purpose of this chapter.
28             (2)   Except to the extent that they are inconsistent with
29      a provision of this chapter, regulations promulgated under
30      former Chapter 21 (relating to bees) or the former act of

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 1      December 16, 1992 (P.L.1228, No.162), known as the Plant Pest
 2      Act, shall remain in effect unless subsequently modified by
 3      regulations promulgated by the department.
 4      (b)    Pest tolerances.--
 5             (1)   The department may establish tolerances for pests.
 6      Pest tolerances may prescribe acceptable maximum
 7      concentrations or amounts of pests that may be present on
 8      premises, plants, plant products, pollinators, pollinator
 9      products or other regulated articles.
10             (2)   Methods for promulgating the pest tolerances may
11      include a quarantine order or an order transmitted to the
12      Legislative Reference Bureau for publication in the next
13      available issue of the Pennsylvania Bulletin.
14             (3)   The pest tolerances shall be reviewed at least
15      annually by the Plant and Pollinator Protection Committee
16      established in section 1628 (relating to establishment of
17      advisory boards and committees). The Plant and Pollinator
18      Protection Committee shall make recommendations to the
19      department for changes to pest tolerances.
20             (4)   The department shall provide justification for a
21      decision on pest tolerance that does not match the
22      recommendations of the Plant and Pollinator Protection
23      Committee.
24   § 1606.    Surveys to determine existence of plant and pollinator
25                   pests.
26      The department shall have the authority to engage in the
27   following actions:
28             (1)   Conduct investigations and surveys to determine the
29      existence of pests and the distribution and severity of the
30      damage caused by pests.

20250HB1277PN1431                     - 19 -
 1             (2)   Collect and transport samples of pests, plants,
 2      pollinators or regulated articles which are capable of
 3      harboring pests.
 4             (3)   Conduct studies relating to the control of pests.
 5             (4)   Conduct other investigations necessary to protect
 6      this Commonwealth's plants, pollinators and related
 7      industries from pests.
 8             (5)   Prescribe and require treatment and control
 9      measures, including stop orders and quarantine orders, as
10      provided for in this chapter.
11             (6)   Report and publish the results of investigations,
12      surveys, studies or required treatment and control measures
13      carried out under this chapter.
14   § 1607.    Proceedings upon finding plant or pollinator pests.
15      (a)    Notification.--If the department finds pests present or
16   has reasonable suspicion that pests exist on a premises or
17   regulated article, or if pests are present and exceed an
18   applicable pest tolerance established under section 1605(b)
19   (relating to regulations, orders and pest tolerances), the
20   department must provide the owner, lessee, keeper or manager
21   with written notice of the pest presence. The following apply:
22             (1)   The notice shall be left with the owner of the
23      premises or an individual 18 years of age or older residing
24      on the premises.
25             (2)   For a licensed establishment, the notice may be
26      included in an inspection report issued in accordance with
27      this chapter.
28             (3)   The department may take any other action authorized
29      under this chapter.
30      (b)    General authority.--

20250HB1277PN1431                     - 20 -
 1            (1)   Where an inspection, survey or test permitted under
 2      section 1604 (relating to inspections, sampling, testing and
 3      certifications), reveals the presence of a pest or the
 4      presence of a pest that exceeds pest tolerance established
 5      under section 1605(b), the department may take an action
 6      authorized under this chapter, including:
 7                  (i)    Issuance of a treatment order, stop order and
 8            detention.
 9                  (ii)    Establishment of a quarantine order.
10                  (iii)    Assessment of penalties and implementation of
11            enforcement actions as permitted under this chapter.
12            (2)   If the department has reasonable suspicion of the
13      existence of or observes signs or symptoms of the presence of
14      a pest, or the presence of a pest that exceeds an applicable
15      pest tolerance established under section 1605(b) on any
16      premises or regulated article, the department may conduct
17      inspections, sampling, testing and certification as
18      authorized under section 1604. The department may take an
19      action authorized under this chapter, including issuance of a
20      treatment order, stop order and detention or establishment of
21      a quarantine order.
22            (3)   Honey bees or other pollinators found on premises
23      other than beekeeper locations, business locations and remote
24      locations licensed under this chapter found to be infected or
25      infested with pests shall be subject to immediate destruction
26      without notice.
27      (c)   Marking of infested or infected articles.--Upon finding
28   a pest, the department shall promptly identify and, where
29   practicable, mark all premises and regulated articles that are
30   confirmed to be infected or infested, or for which there is a

20250HB1277PN1431                       - 21 -
 1   reasonable suspicion of infection or infestation. Removal of
 2   markings placed by the department under this subsection without
 3   written instructions to do so by the department shall be a
 4   violation of this chapter.
 5      (d)   Treatment measures.--
 6            (1)   If the secretary determines that a serious pest
 7      situation exists in any part of this Commonwealth, a
 8      quarantine order, as authorized under section 1610 (relating
 9      to quarantines), must be established and necessary
10      eradication or control measures may be taken by the
11      department.
12            (2)   Prior to carrying out a treatment procedure, the
13      department shall provide written notice to the property
14      owner. The written notice may be in the form of a copy of a
15      general treatment order or procedure specified in a
16      quarantine order.
17            (3)   The department or an inspector for the department is
18      authorized to enter the premises during reasonable hours to
19      carry out the eradication or control measures under section
20      1603 (relating to right of entry).
21      (e)   Treatment orders.--Upon finding a pest, the department
22   shall issue a treatment order to a responsible person, such as
23   the owner, manager or licensee. The treatment order shall be in
24   writing and shall describe the following:
25            (1)   The pest situation that exists.
26            (2)   Details regarding the required eradication control
27      or eradication measures.
28            (3)   The date by which eradication and control measures
29      must be completed, including a time frame within which the
30      department will confirm treatment is complete and approved.

20250HB1277PN1431                     - 22 -
 1      (f)    Other orders.--The department shall have the discretion
 2   to issue a stop order under section 1609 (relating to stop
 3   orders) or a quarantine order under section 1610, or both,
 4   imposing appropriate restrictions until the control or
 5   eradication measures required under the treatment order have
 6   been completed and approved by the department. The department
 7   shall issue a treatment order, stop order, quarantine order or
 8   any combination if the department finds pests present or has
 9   reasonable suspicion that pests exist on a premises or regulated
10   article, including any abandoned crops, noncultivated plants,
11   abandoned hives or feral pollinator populations which harbor or
12   may harbor, carry or may carry, or constitute or may constitute
13   a reservoir for the pest.
14      (g)    Failure to comply with treatment order.--The responsible
15   person issued the eradication order is required to follow the
16   treatment order. If a person that is issued a treatment order
17   fails to comply with the treatment order, the department shall
18   carry out the eradication and control measures. All expenses
19   associated with the eradication and control measures shall be
20   paid to the department by the person. The department may impose
21   additional penalties for a violation under this chapter.
22   § 1608.   Invasive species or plant contaminants being moved by
23                plant merchants or pollinator operations.
24      If there is reasonable suspicion that the activity of a plant
25   merchant or pollinator operation is a mechanism for the spread
26   of invasive species or plant contaminants, the department may
27   issue a stop order, treatment order or quarantine order or
28   pursue any other measure provided for in this chapter to stop
29   the spread of the invasive species or plant contaminant. The
30   department may coordinate with any other regulatory agency that

20250HB1277PN1431                   - 23 -
 1   has jurisdiction over the invasive species or plant contaminant.
 2   § 1609.    Stop orders.
 3      (a)    Authority to issue.--
 4             (1)   (i)     If there is reasonable suspicion of the
 5             presence of a pest, or an inspection or test reveals the
 6             presence of a pest, or pests are present and exceed an
 7             applicable pest tolerance established under section
 8             1605(b) (relating to regulations, orders and pest
 9             tolerances), the department may issue and enforce a
10             written stop order.
11                   (ii)    The stop order may be issued to any or all of
12             the owners, lessees, managers, employees or custodians of
13             the premises.
14                   (iii)    A stop order may be placed on all or any part
15             of a business or premises, and may include any plant,
16             pollinator or other regulated article.
17                   (iv)    The stop order shall establish standards for
18             release of the stop order, including:
19                          (A)   compliance with a quarantine or treatment
20                   order issued by the department;
21                          (B)   inspection that verifies there is no
22                   reasonable suspicion or actual presence of a pest
23                   that was the subject of the stop order; or
24                          (C)   presence of a pest above a pest tolerance
25                   established under section 1605(b).
26             (2)   A stop order may be issued in conjunction with a
27      quarantine or treatment order or for a violation of this
28      chapter or a provision, rule, regulation or order adopted
29      under this chapter.
30             (3)   A stop order shall have the effect of requiring the

20250HB1277PN1431                         - 24 -
 1      person designated in the stop order to hold any item or items
 2      described in the order at a designated place and to refrain
 3      from distributing or offering for distribution or moving in
 4      any manner those items. The owner, lessee, manager or
 5      custodian of the premises under the stop order must notify
 6      the department when the standards for release of the stop
 7      order have been met in order for the department to verify and
 8      repeal the stop order.
 9             (4)   If it is determined that multiple registered
10      locations received anything that is the subject of or covered
11      under a stop order in one location, that order may be
12      extended to all locations without a physical visit by an
13      inspector until the material is cleared or released. The
14      department shall coordinate notification to all locations.
15             (5)   A stop order shall remain in effect until repealed
16      in writing by the department.
17      (b)    Posting of stop order.--A plant or other material that
18   is the subject of or covered under the stop order shall be
19   clearly identified and, where practicable, conspicuously marked
20   by the department. The stop order may be required to be posted
21   in a conspicuous place or places on the business location or
22   premises subject to the stop order as determined by the
23   inspector. Removal of markings placed by the department without
24   written instructions to do so by the department shall be a
25   violation of this chapter.
26      (c)    Violation of stop order.--Failure to follow a stop order
27   shall be a violation of this chapter. The department may impose
28   penalties authorized under this chapter for a violation of a
29   stop order.
30   § 1610.    Quarantines.

20250HB1277PN1431                     - 25 -
 1      (a)   Authority of department.--
 2            (1)   The department may establish quarantines as
 3      specified in this chapter or under regulations to prevent,
 4      delay or slow the introduction, dissemination or spread of a
 5      plant or pollinator pest within this Commonwealth or into
 6      this Commonwealth from any country, state or territory.
 7            (2)   The department shall transmit notice of a general
 8      quarantine order, interstate quarantine order or
 9      international quarantine order to the Legislative Reference
10      Bureau for publication in the next available issue of the
11      Pennsylvania Bulletin.
12            (3)   Special quarantine orders shall be established
13      through posting of the order as specified in subsection (g).
14            (4)   As part of a quarantine, the department may issue
15      conditions, restrictions, control measures or any combination
16      that the department considers necessary to eradicate,
17      control, prevent or reduce the movement of the pest.
18            (5)   Under a quarantine, the department may prohibit or
19      restrict, without inspection, the use, movement, shipment,
20      transportation, distribution or offer of distribution or
21      other disposition of a plant, pollinator, premises or other
22      regulated article.
23      (b)   Power to establish and enforce.--If a pest exists
24   anywhere within or outside of this Commonwealth, or if the
25   department deems a quarantine advisable upon reasonable
26   suspicion of the existence of a pest to test or treat for the
27   pest, the department may establish and enforce quarantines for a
28   pest and related to a premises, plant, pollinator or regulated
29   article infected, exposed or contaminated or suspected of or
30   susceptible to contamination by the pest or capable of carrying,

20250HB1277PN1431                    - 26 -
 1   harboring or spreading the pest. Failure to follow a quarantine
 2   order issued by the department shall subject the violator to
 3   penalties specified under this chapter.
 4      (c)   Special requirements.--
 5            (1)   In addition to other prohibitions or standards, the
 6      department may, through the issuance of a quarantine order,
 7      prohibit the planting, growing, holding or harvesting of any
 8      crop or the management or distribution, or both, of anything
 9      that serves as a host or reservoir for the pest.
10            (2)   The quarantine order may include prohibiting the
11      establishment of a specific crop or pollinator colony within
12      a geographic area, including this entire Commonwealth, or
13      during a specified time period.
14            (3)   If a crop or pollinator is determined to have the
15      ability to harbor, is suspected of harboring or is harboring
16      a pest, the department may require treatment or destruction
17      of the crop or pollinator.
18            (4)   A quarantine order may be amended and expanded to
19      cover any new area found to be infected with a pest and any
20      adjacent areas as the department deems necessary to prevent
21      or limit the movement of the pest.
22            (5)   The department shall transmit notice and the
23      effective date of an amendment to a quarantine order under
24      paragraph (4) to the Legislative Reference Bureau for
25      publication in the next available issue of the Pennsylvania
26      Bulletin and publish the notice on the department's publicly
27      accessible Internet website.
28      (d)   Quarantine types.--Quarantines may be one of the
29   following:
30            (1)   An interstate quarantine and international

20250HB1277PN1431                    - 27 -
 1    quarantine.
 2          (2)   A general quarantine.
 3          (3)   A special quarantine.
 4    (e)   Interstate quarantines and international quarantines.--
 5          (1)   (i)     An interstate quarantine or international
 6          quarantine, or both, may be established and enforced by
 7          order of the department against a place outside this
 8          Commonwealth for any of the reasons specified in
 9          subsections (a) and (b) or where a pest is reported to
10          exist.
11                (ii)    An interstate quarantine order or international
12          quarantine order may prohibit the following from being
13          brought into or entering this Commonwealth, except in
14          accordance with the requirements specified in the
15          quarantine order:
16                       (A)   a pest; or
17                       (B)   any item exposed to, contaminated by,
18                suspected of, susceptible to contamination by or
19                capable of carrying, harboring or spreading the pest.
20                (iii)    The order may require the quarantine, testing,
21          treatment, sanitizing, sterilizing, disinfecting,
22          confiscation, destruction, eradication or other
23          disposition of anything that is part of or subject to the
24          quarantine order which is brought into this Commonwealth
25          in violation of the quarantine order, including any
26          goods, products, conveyances, materials or associated
27          containers or other regulated articles, or any premises
28          where the regulated articles were transported or kept in
29          this Commonwealth.
30                (iv)    The order may also require that a person

20250HB1277PN1431                      - 28 -
 1          violating the quarantine order bear the costs of
 2          enforcement and postentry expenses relating to a
 3          quarantine order, including testing, cleanup and
 4          eradication costs.
 5          (2)   An interstate quarantine or international quarantine
 6    shall be established by order of the department and shall be
 7    effective as of the date of actual or constructive notice of
 8    the quarantine order or a later date as specified in the
 9    quarantine order.
10          (3)   An interstate or international quarantine that is
11    established by the United States Department of Agriculture
12    may be adopted and enforced by the department for any of the
13    reasons specified in subsections (a) and (b) or where a pest
14    is reported to exist.
15          (4)   The department shall transmit notice of the order to
16    the Legislative Reference Bureau for publication in the next
17    available issue of the Pennsylvania Bulletin within 20 days
18    of the date of the order and publish the order on the
19    department's publicly accessible Internet website.
20    Publication in the Pennsylvania Bulletin shall affect
21    constructive notice. The quarantine order may be enforced
22    prior to the publication or distribution.
23          (5)   The department shall, if practicable, mail by
24    conventional or electronic means or deliver notice and a copy
25    of the quarantine order to the governmental agency overseeing
26    agricultural affairs in the state or nation against which the
27    quarantine is directed. The quarantine order may be enforced
28    prior to the publication or distribution.
29    (f)   General quarantines.--
30          (1)   A general quarantine order may be established and

20250HB1277PN1431                  - 29 -
 1    enforced by the department against an area or locality within
 2    this Commonwealth for any of the reasons specified in
 3    subsections (a) and (b) to prevent a pest from being carried
 4    into, within, from or out of the area or locality that is
 5    subject to the quarantine. A general quarantine order may
 6    pertain to any pest and anything infected, exposed to,
 7    contaminated by, suspected of or susceptible to contamination
 8    by, or capable of carrying, harboring or spreading the pest
 9    into this Commonwealth, or into or from the area subject to a
10    quarantine order. A general quarantine order may encompass
11    any geographic area or locality within this Commonwealth,
12    including this entire Commonwealth.
13          (2)   A general quarantine order shall be established by
14    the department and shall be effective as of the date of
15    actual or constructive notice of the general quarantine order
16    or a later date specified in the general quarantine order.
17          (3)   The department shall transmit notice of the general
18    quarantine order to the Legislative Reference Bureau for
19    publication in the next available issue of the Pennsylvania
20    Bulletin within 20 days of the date of the general quarantine
21    order and publish the general quarantine order on the
22    department's publicly accessible Internet website.
23    Publication in the Pennsylvania Bulletin shall affect
24    constructive notice. The general quarantine order may be
25    enforced prior to the publication or distribution.
26    (g)   Special quarantines.--
27          (1)   A special quarantine may be established and enforced
28    by order of the department against a premises, plant,
29    pollinator or other regulated article infected, exposed to,
30    contaminated by or suspected of or susceptible to

20250HB1277PN1431                  - 30 -
 1    contamination by a pest, or capable of carrying, harboring or
 2    spreading the pest for any of the reasons specified in
 3    subsections (a) and (b) or whenever it is deemed necessary or
 4    advisable by the department to:
 5                (i)    prevent or limit the spread of a pest;
 6                (ii)    examine, disinfect or regulate a premises, or
 7          examine, disinfect or regulate the use or movement of a
 8          regulated article infected, exposed or contaminated by or
 9          suspected of or susceptible to contamination by a pest or
10          capable of carrying, harboring or spreading the pest; or
11                (iii)    destroy or dispose of any pest or other
12          regulated article infected, exposed or contaminated by a
13          pest.
14          (2)   A special quarantine shall be established by the
15    posting of a special quarantine order describing the pest or
16    pests involved, describing the premises or area covered and
17    delineating the regulated articles covered by the special
18    quarantine. The department may require the special quarantine
19    order to be conspicuously posted and visitors to the
20    quarantined premise to be alerted of the presence of the
21    pest.
22          (3)   If practicable, the department shall serve a copy of
23    the special quarantine order upon the owner, lessee, manager
24    or custodian of the premises subject to the order.
25    (h)   Violations of quarantine order.--It is unlawful to:
26          (1)   distribute, move, remove or allow to be removed
27    anything in this Commonwealth that is the subject of a
28    quarantine order under this section in a manner that is not
29    defined by the order;
30          (2)   allow anything in this Commonwealth that is the

20250HB1277PN1431                     - 31 -
 1      subject of a quarantine order under this section to be
 2      transported, conveyed or otherwise moved outside of the
 3      quarantined premises, geographic area or locality in a manner
 4      that is not defined in the order;
 5           (3)   distribute anything in this Commonwealth that is the
 6      subject of a quarantine order under this section without
 7      first notifying the prospective or actual transferee of the
 8      quarantine order and the reasons for the imposition of the
 9      quarantine order. The transferee shall become subject to all
10      restrictions and provisions of the quarantine order and this
11      chapter;
12           (4)   tear, deface, destroy, remove, conceal or alter in
13      any way a notice of quarantine posted by the department, or
14      to remove or destroy, partially or wholly, any portion of a
15      building, tree, fence or other object to which a notice of
16      quarantine has been posted by the department;
17           (5)   bring into this Commonwealth a pest or regulated
18      article that is the subject of a quarantine order under this
19      section;
20           (6)   impede, hinder or interfere with the department or
21      an inspector for the department entering upon premises or
22      elsewhere in the performance of duties imposed by this
23      chapter; or
24           (7)   violate any provision of a quarantine order issued
25      under this chapter.
26                                 SUBCHAPTER B
27                       LICENSURE AND CERTIFICATION
28   Sec.
29   1611.   Location licensing.
30   1612.   Revocation, denial or suspension of license.

20250HB1277PN1431                    - 32 -
 1   1613.    Reciprocal agreements.
 2   1614.    Transportation of plants for planting.
 3   1615.    International importation of managed pollinators.
 4   1616.    Interstate transportation of managed pollinators into
 5                   Commonwealth.
 6   1617.    Notice of arrival from outside Commonwealth of honey bees
 7                   for distribution.
 8   1618.    Importation and intrastate movement of pests.
 9   § 1611.    Location licensing.
10      (a)    Licensure of locations.--
11             (1)   A person that has a beekeeper location, business
12      location or remote location within this Commonwealth and
13      carries out any of the actions of a plant merchant or
14      pollinator operation shall be licensed and shall license each
15      business location or remote location with the department in
16      accordance with this chapter.
17             (2)   As part of the license application, the person shall
18      identify any location where honey bees are kept or where
19      plants for planting or managed pollinators are maintained,
20      managed, displayed, warehoused or grown for the purpose of
21      distribution at that location or through a physically
22      separate business location.
23      (b)    Licensure of remote locations.--If a plant merchant or
24   pollinator operation does not have a premises, business location
25   or busi

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