SB 228 — An Act amending the act of March 1, 1974 (P.L.90, No.24), known as the Pennsylvania Pesticide Control Act of 1973, further providing for delegation of duties and exclusion of local laws and regulations.

PRINTER'S NO.    174

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         SENATE BILL
                         No. 228
                                               Session of
                                                 2025

     INTRODUCED BY KEARNEY, FONTANA AND COMITTA, FEBRUARY 3, 2025

     REFERRED TO LOCAL GOVERNMENT, FEBRUARY 3, 2025


                                    AN ACT
 1   Amending the act of March 1, 1974 (P.L.90, No.24), entitled "An
 2      act relating to the labeling, distribution, storage,
 3      transportation, use, application and disposal of pesticides
 4      and devices; providing for registration and examination of
 5      such materials; the licensing of pesticide dealers and pest
 6      management consultants and imposing penalties," further
 7      providing for delegation of duties and exclusion of local
 8      laws and regulations.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Section 37 of the act of March 1, 1974 (P.L.90,
12   No.24), known as the Pennsylvania Pesticide Control Act of 1973,
13   is amended to read:
14      Section 37.    Delegation of Duties; [Exclusion] Limitation of
15   Local Laws and Regulations.--(a)   All authority vested in the
16   secretary by virtue of the provisions of this act may with like
17   force and effect be executed by such employes of the
18   Commonwealth as the secretary may from time to time designate
19   for said purpose.
20      (b)   This act and its provisions are of Statewide concern and
21   occupy the whole field of regulation regarding the registration,
 1   sale, transportation, distribution, notification of use, and use
 2   of pesticides to the exclusion of all local regulations. Except
 3   as otherwise specifically provided in this act, no ordinance or
 4   regulation of any political subdivision or home rule
 5   municipality may prohibit or in any way attempt to regulate any
 6   matter relating to the registration, sale, transportation,
 7   handling or use of pesticides, if any of these ordinances, laws
 8   or regulations are in conflict with this act.
 9      (c)   Notwithstanding subsection (b), a municipal corporation
10   may, by ordinance, establish a restricted application district
11   in a contiguous geographic area where the population density is
12   not less than three hundred persons per square mile. The
13   ordinance under this subsection may limit or prohibit the
14   application of specified pesticides in outdoor areas by a
15   commercial applicator, or a pesticide application technician on
16   behalf of a commercial applicator, on privately held property.
17   The scope of authority under this subsection shall not include
18   the regulation of aerial application, applications on public
19   property, applications on agricultural property or applications
20   by public applicators.
21      (d)   The Department of Community and Economic Development
22   shall, within one hundred twenty days of the effective date of
23   this subsection, prepare a sample advisory ordinance that may be
24   used by a municipal corporation to exercise the authority
25   delegated under subsection (c).
26      Section 2.   This act shall take effect in 60 days.




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