HB 2034 — 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
 1   Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
 2      Statutes, providing for mushroom farming; imposing duties on
 3      the Department of Agriculture; and establishing the Mushroom
 4      Farming and Composting Fund.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Title 3 of the Pennsylvania Consolidated Statutes
 8   is amended by adding a chapter to read:
 9                                  CHAPTER 12
10                               MUSHROOM FARMING
11   Sec.
12   1201.   Definitions.
13   1202.   Best management practices.
14   1203.   Mitigation plans.
15   1204.   General inspections.
16   1205.   Mushroom Farming and Composting Fund.
17   § 1201.   Definitions.
18      The following words and phrases when used in this chapter
 1   shall have the meanings given to them in this section unless the
 2   context clearly indicates otherwise:
 3         "Fund."     The Mushroom Farming and Composting Fund established
 4   under section 1205 (relating to Mushroom Farming and Composting
 5   Fund).
 6         "Mushroom composting operation."     Any farm or business that
 7   produces compost from the spent mushroom substrate used to grow
 8   mushrooms.
 9         "Mushroom farm."    A normal agricultural operation where the
10   main crop being produced, grown, harvested, transported or
11   exported are mushrooms.
12         "Normal agricultural operation."     As defined under section 2
13   of the act of June 10, 1982 (P.L.454, No.133), entitled "An act
14   protecting agricultural operations from nuisance suits and
15   ordinances under certain circumstances."
16         "Operation."    Either a mushroom composting operation or a
17   normal agricultural operation.
18   § 1202.      Best management practices.
19         (a)   Duties of the department.--The department shall, in
20   collaboration with the Department of Environmental Protection,
21   develop best management practices for mushroom farms and
22   mushroom composting operations. These practices shall include,
23   but are not limited to, measures providing for the mitigation
24   of:
25               (1)   mushroom phorid flies on the farm or composting
26         operation; and
27               (2)   hydrogen sulfide produced by mushroom farms or
28         mushroom composting operations.
29         (b)   Notification.--Within 90 days following the effective
30   date of this subsection, the department shall promulgate the

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 1   best management practices and post them on the department's
 2   publicly accessible Internet website. The department shall
 3   notify operations required to develop a mitigation plan under
 4   section 1203 (relating to mitigation plans) by first class mail
 5   to each operation's registered mailing address.
 6   § 1203.    Mitigation plans.
 7      (a)    Requirement.--All existing and new mushroom farms and
 8   mushroom composting operations shall develop and implement
 9   mitigation plans that utilize the best management practices for
10   the mitigation of:
11             (1)   phorid flies on the farm or composting operation;
12      and
13             (2)   hydrogen sulfide.
14      (b)    Review and approval.--The plan implemented under
15   subsection (a), or any plan amendment, shall be submitted to the
16   department for review and approval. Within 90 days of receipt of
17   a mitigation plan or plan amendment, the department shall
18   approve or disapprove the plan or plan amendment. The following
19   shall apply:
20             (1)   Approvals shall only be granted for those plans or
21      plan amendments that satisfy the requirements of the
22      regulations promulgated under this chapter.
23             (2)   Notice of determination to approve or disapprove a
24      plan or plan amendment shall be provided in writing to the
25      person submitting the plan or plan amendment.
26             (3)   Notice of a determination to disapprove shall
27      include an explanation specifically stating the reasons for
28      disapproval.
29             (4)   If a plan or plan amendment is disapproved, the
30      person submitting the plan or plan amendment shall have 60

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 1      days after receipt of notice of disapproval to resubmit a
 2      revised plan or plan amendment.
 3             (5)   An existing or new mushroom farm or mushroom
 4      composting operation that submits a complete plan or plan
 5      amendment is authorized to implement the plan or plan
 6      amendment if the department fails to act within 90 days of
 7      submittal.
 8      (c)    Implementation.--A person required to have a mitigation
 9   plan under this section shall fully implement the plan prior to
10   commencing use of the new mushroom farm or mushroom composting
11   operation.
12      (d)    Transferability of plans.--A plan approved under this
13   section shall be transferable to a subsequent owner of a
14   mushroom farm or mushroom composting operation upon notification
15   of the transfer to the department unless the transfer results in
16   operational changes requiring plan modification pursuant to the
17   criteria established in this section.
18      (e)    Fines.--If a farm or composting operation required to
19   have a mitigation plan under this section fails to submit a plan
20   or implement an approved plan within 90 days of the effective
21   date of this subsection, the department may assess a civil
22   penalty of not more than $1,000.
23      (f)    Effectiveness of section.--The requirements of this
24   section shall become mandatory 90 days following the effective
25   date of the best management practices promulgated under section
26   1202 (relating to best management practices).
27   § 1204.    General inspections.
28      (a)    Inspections.--To ensure that the operators of a mushroom
29   farm or mushroom composting operation are following established
30   best management practices and are implementing a mitigation plan

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 1   approved under section 1203 (relating to mitigation plans), the
 2   department shall perform an unannounced inspection of each
 3   operator's facilities once every 18 months following the
 4   approval of the mitigation plan. If a facility is not in
 5   compliance with the mitigation plan, operators shall have 60
 6   days to make any corrections that the department determines to
 7   be necessary.
 8      (b)    Fines.--Following the 60-day period under subsection
 9   (a), the department may assess a civil penalty of not more than
10   $1,000 for any mushroom farm or mushroom composting operation
11   that the department determines is out of compliance with the
12   approved mitigation plan.
13   § 1205.    Mushroom Farming and Composting Fund.
14      (a)    Establishment.--The Mushroom Farming and Composting Fund
15   is established as a restricted revenue account in the State
16   Treasury. Money collected by the department under this chapter
17   or appropriated, given, granted or donated for the purpose
18   established under this chapter by the Commonwealth or any other
19   government or private agency or person shall be deposited into
20   the fund.
21      (b)    Appropriation.--
22             (1)   Money in the fund is appropriated to the department
23      on a continuing basis to be used for the purposes of this
24      chapter.
25             (2)   All interest and earnings received from investments
26      or deposits of the money in the fund shall be paid into the
27      fund for the purpose authorized by this section. Unexpended
28      money and interest or earnings on the money in the fund may
29      not be transferred or revert to the General Fund but shall
30      remain in the fund to be used by the department for the

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1     purpose specified under this section.
2     Section 2.    This act shall take effect immediately.




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