HB 587 — An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for commercial haulers and brokers of animal and food processing residuals; and imposing penalties.

PRINTER'S NO.     596

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 587
                                             Session of
                                               2025

     INTRODUCED BY FRIEL, GLEIM, TAKAC, BURGOS, LABS, KHAN, GIRAL,
        VENKAT, VITALI, STAMBAUGH, KENYATTA, PIELLI, CUTLER, SANCHEZ,
        CEPEDA-FREYTIZ, MALAGARI, HILL-EVANS, OTTEN, ZIMMERMAN,
        WEBSTER AND GREEN, FEBRUARY 12, 2025

     REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
        FEBRUARY 12, 2025


                                  AN ACT
 1   Establishing the hauler or broker of food processing residuals
 2      certification program; providing for the transportation of
 3      food processing residuals; imposing duties on the Department
 4      of Agriculture and the State Conservation Commission; and
 5      imposing penalties.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8   Section 1.   Short title.
 9      This act shall be known and may be cited as the Hauler or
10   Broker of Food Processing Residuals Certification Act.
11   Section 2.   Definitions.
12      The following words and phrases when used in this act shall
13   have the meanings given to them in this section unless the
14   context clearly indicates otherwise:
15      "Broker of food processing residuals."   A person who, for a
16   fee or other remuneration, provides coordination for transport
17   or application of food processing residuals from a property
18   owned or controlled by another or to a property owned or
 1   controlled by another.
 2      "Certified hauler or broker of food processing residuals."       A
 3   person who is certified under this act as a hauler or broker of
 4   food processing residuals.
 5      "Commission."    The State Conservation Commission established
 6   under the act of May 15, 1945 (P.L.547, No.217), known as the
 7   Conservation District Law.
 8      "Department."   The Department of Agriculture of the
 9   Commonwealth.
10      "Food processing residuals."     The term shall have the same
11   meaning as the term "food processing waste" under section 103 of
12   the Solid Waste Management Act.
13      "Food processing residuals data sheet."     A written document
14   that meets the requirements established by the commission, in
15   consultation with the department, and specifies the quantity,
16   content, characterization, origin, age, prior possessors and
17   processing of food processing residuals, dates and parties to
18   any prior transfers of possession, intended site for storage
19   prior to land application, if applicable, and intended site of
20   land application in the course of normal farming operation.
21      "Hauler of food processing residuals."     A person who, for a
22   fee or other remuneration, provides transport or application for
23   transport or application of food processing residuals from a
24   property owned or controlled by another or to a property owned
25   or controlled by another.
26      "Land application system."     A written, site-specific plan
27   that incorporates best management practices for the use, storage
28   and application of food processing residuals.
29      "Secretary."    The Secretary of Agriculture of the
30   Commonwealth.

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 1      "Solid Waste Management Act."         The act of July 7, 1980
 2   (P.L.380, No.97), known as the Solid Waste Management Act.
 3   Section 3.     Hauler or broker of food processing residuals
 4                  certification program.
 5      (a)   Establishment.--The department shall establish, within
 6   18 months of the effective date of this subsection, in
 7   consultation with the commission, a hauler or broker of food
 8   processing residuals certification program for the purpose of
 9   certifying persons as certified haulers or brokers of food
10   processing residuals. The certification shall be in effect for
11   three years and eligible for renewal if the certified hauler or
12   broker of food processing residuals has completed six credits of
13   continuing education as approved by the department. The
14   department shall by regulation establish additional conditions
15   and fees for certification as the department deems appropriate.
16      (b)   Training.--For purposes of the hauler or broker of food
17   processing residuals certification program, the department shall
18   develop, in consultation with the commission, training and
19   educational requirements, testing and other criteria as the
20   department deems necessary for certification under this act.
21   Training shall at a minimum address the following topics:
22            (1)   The best management practices with respect to
23      transport, storage and application of food processing
24      residuals.
25            (2)   Information necessary for identifying, understanding
26      and following a land application system with emphasis on best
27      practices for proper application and timing for application
28      of food processing residuals.
29            (3)   Recordkeeping by certified haulers or brokers of
30      food processing residuals necessary to meet all regulatory

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 1      requirements of this act and the Solid Waste Management Act.
 2            (4)   Procedures necessary for the development,
 3      preparation and maintenance of accurate food processing
 4      residuals data sheets.
 5      (c)   Approval of training.--The department shall have the
 6   authority to approve, for the purposes of training and
 7   education, programs developed by educational institutions or
 8   entities that meet the requirements of this section.
 9      (d)   Food processing residuals data sheet.--The commission,
10   in coordination with the department, shall develop a food
11   processing residuals data sheet. The food processing residuals
12   data sheet shall include, at a minimum:
13            (1)   The quantity, content, characterization, origin,
14      age, prior possessors and processing of the food processing
15      residuals, including testing as required by the land
16      application system.
17            (2)   The dates and parties to any prior transfers of
18      possession of the food processing residuals.
19            (3)   The intended site for land application or any other
20      destination, within or outside of this Commonwealth, where
21      the food processing residuals will be utilized or disposed.
22            (4)   Any other required information necessary to
23      identify, track and determine appropriate food processing
24      residuals data sheet handling, storage and application rates.
25   Section 4.     Requirements for hauler or broker of food processing
26                  residuals.
27      (a)   Prohibition.--Subject to the hauler or broker of food
28   processing residuals certification program established under
29   section 3(a), a hauler or broker of food processing residuals
30   may not transport or land apply in this Commonwealth, regardless

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 1   of where the food processing residuals are generated, unless the
 2   hauler or broker has:
 3            (1)   Successfully completed a hauler or broker of food
 4      processing residuals certification program approved by the
 5      department.
 6            (2)   Received the appropriate certification by the
 7      department.
 8            (3)   Maintained certification under the requirements of
 9      the hauler or broker of food processing residuals
10      certification program.
11      (b)   Land applying of food processing residuals.--A hauler or
12   broker of food processing residuals shall, when land applying
13   food processing residuals, do so only in accordance with the
14   land application system.
15      (c)   Food processing residuals data sheet.--Prior to
16   accepting food processing residuals for transport or
17   application, a hauler or broker of food processing residuals
18   shall ensure that a complete food processing residuals data
19   sheet has been transmitted to the commission.
20      (d)   Recordkeeping.--All records required under this section
21   shall be maintained for three years and made available upon
22   request to the department.
23   Section 5.     Transport and transfer requirement.
24      Food processing residuals shall be hauled, brokered or
25   transferred only by a certified hauler or broker of food
26   processing residuals and:
27            (1)   At each and every transfer of possession within this
28      Commonwealth of food processing residuals, provide a food
29      processing residuals data sheet to all transferees, including
30      all persons receiving food processing residuals for land

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 1      application or for further transfer to others for land
 2      application.
 3             (2)   Maintain the food processing residuals data sheet
 4      for a period of three years.
 5             (3)   Meet any additional requirements under the act of
 6      June 22, 1937 (P.L.1987, No.394), known as The Clean Streams
 7      Law, the Solid Waste Management Act and any other applicable
 8      law.
 9   Section 6.      Unlawful conduct.
10      It shall be unlawful to fail to comply with or to cause or
11   assist in the violation of this act, a regulation promulgated
12   under this act or an order issued under this act.
13   Section 7.      Administrative penalties.
14      (a)    Penalties.--
15             (1)   In addition to proceeding under any other remedy
16      available at law or in equity for a violation of this act,
17      the department may assess an administrative penalty of not
18      more than $1,000 for the first day of each violation and $500
19      for each additional day of continuing violation. The factors
20      for consideration in determining the amount of the penalty
21      are:
22                   (i)    The seriousness of the violation.
23                   (ii)    The willfulness of the violation.
24                   (iii)    Previous violations.
25             (2)   A person may appeal a penalty under this section to
26      the secretary as follows:
27                   (i)    The appeal must be filed within 30 days of the
28             date of the penalty assessment.
29                   (ii)    The secretary shall issue a decision on the
30             appeal within 30 days of the filing of an appeal.

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 1            (3)   This subsection is subject to 2 Pa.C.S. Chs. 5
 2      Subch. A (relating to practice and procedure of Commonwealth
 3      agencies) and 7 Subch. A (relating to judicial review of
 4      Commonwealth agency action).
 5      (b)   Collection.--In cases of inability to collect the
 6   administrative penalty or failure of a person to pay all or a
 7   portion of the penalty, the department may refer the matter to
 8   the Office of General Counsel, which shall institute an action
 9   in the appropriate court to recover the penalty. A penalty
10   assessed shall operate as a lien on the property of the person
11   against whom the penalty has been assessed.
12   Section 8.     Civil remedies.
13      (a)   Law.--The Office of General Counsel may institute an
14   action at law in a court of competent jurisdiction to recover
15   damages for a violation of this act, a regulation promulgated
16   under this act or an order issued under this act.
17      (b)   Equity.--The Office of General Counsel may institute an
18   action in equity in a court of competent jurisdiction to
19   restrain a violation of this act, a regulation promulgated under
20   this act or an order issued under this act. In a proceeding
21   under this subsection:
22            (1)   The Commonwealth shall not be required to furnish
23      bond.
24            (2)   The court shall issue a preliminary injunction if it
25      finds that the defendant is engaging in unlawful conduct as
26      proscribed by this act or is engaged in conduct which is
27      causing immediate and irreparable harm to the public.
28            (3)   Equitable relief may be issued in addition to
29      damages under subsection (a).
30      (c)   Abatement.--The court may fix a reasonable time during

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 1   which the person responsible for a violation may make provision
 2   for the abatement of the violation.
 3      (d)   Injunction.--In cases where the circumstances require it
 4   or the public health is endangered, the court may issue a
 5   preliminary injunction, special injunction or temporary
 6   restraining order.
 7   Section 9.     Enforcement order and revocation or suspension of
 8                  certification.
 9      (a)   Orders and revocation or suspension.--The department
10   may:
11            (1)   Issue orders necessary for the enforcement of this
12      act. An order issued under this subsection shall take effect
13      upon notice unless the order specifies otherwise.
14            (2)   Suspend or revoke a certification granted under this
15      act if the department finds that the hauler or broker of food
16      processing residuals has failed or continues to fail to
17      comply with this act, the certification criteria, the
18      regulations promulgated under this act or an order of the
19      department under this act.
20      (b)   Procedure.--A person may appeal an action under this
21   section to the secretary as follows:
22            (1)   The appeal must be filed within 30 days of the date
23      of the order, revocation or suspension.
24            (2)   The secretary shall issue a decision on the appeal
25      within 30 days of the filing of an appeal.
26            (3)   This subsection is subject to 2 Pa.C.S. Chs. 5
27      Subch. A (relating to practice and procedure of Commonwealth
28      agencies) and 7 Subch. A (relating to judicial review of
29      Commonwealth agency action).
30   Section 10.     Powers reserved under existing laws.

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 1      Nothing in this act shall limit the powers conferred upon the
 2   department, the commission, the Department of Environmental
 3   Protection or a county conservation district under laws other
 4   than this act, including the act of June 22, 1937 (P.L.1987,
 5   No.394), known as The Clean Streams Law, the Solid Waste
 6   Management Act or the act of June 28, 2004 (P.L.454, No.49),
 7   known as the Commercial Manure Hauler and Broker Certification
 8   Act.
 9   Section 11.   Preemption of local ordinances.
10      This act is of Statewide concern and shall occupy the whole
11   field of regulation regarding the certification and regulation
12   of haulers or brokers of food processing residuals and the
13   transportation of food processing residuals to the exclusion of
14   all local regulations. Except as otherwise specifically provided
15   in this act, an ordinance or regulation of a political
16   subdivision may not prohibit or attempt to regulate the
17   certification or operations or transportation of haulers or
18   brokers of food processing residuals.
19   Section 12.   Limitation of liability.
20      If a person operating as a hauler or broker of food
21   processing residuals is properly certified under this act and
22   has complied with this act in the transportation, utilization,
23   land application and activities related to the management of
24   food processing residuals, certification and compliance shall be
25   given appropriate consideration as a mitigating factor in an
26   action arising from the management or utilization of food
27   processing residuals transported or land applied by the hauler
28   or broker.
29   Section 13.   Effective date.
30      This act shall take effect in 60 days.

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