27 Pa.C.S. Ch. 7

in effect

27 Pa.C.S. § 701 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Agriculture." Normal farming practices or innovative techniques used in the production and preparation for market of any crop or commodity included within the definition of "crops, livestock and livestock products" in section 3 of the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law. "Board." The Agricultural Advisory Board established in section 702 (relating to establishment of board). "Department." The Department of Environmental Protection of the Commonwealth. "Normal farming practices." The customary and generally accepted activities, practices and procedures that farmers adopt, use or engage in year after year in the production and preparation for market of any crop or commodity included within the definition of "crops, livestock and livestock products" in section 3 of the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law. "Secretary." The Secretary of Environmental Protection of the Commonwealth. "Sustainable agriculture." An integrated system of plant and animal production practices as defined by the Food, Agriculture, Conservation and Trade Act of 1990 (Public Law 101-624, 104 Stat. 3616). Special Provisions in Appendix. See section 4(3) of Act 220 of 2002 in the appendix to this title for special provisions relating to continuation of prior law.

27 Pa.C.S. § 702 Establishment of board.

(a) Creation.--There is hereby established in the department the Agricultural Advisory Board. (b) Members.--The following persons shall comprise the board: (1) Representatives of the Pennsylvania Farm Bureau, the Pennsylvania State Grange, PennAg Industries Association and the Pennsylvania Farmers Union. Each of these organizations shall annually name one person to represent it under this paragraph. (2) A dairy producer, a livestock producer, a poultry producer, a grain producer, a fruit producer, a vegetable producer, a representative of the ornamental horticultural industry, a producer engaged in sustainable agriculture, a representative from the agricultural chemical manufacturers industry and a representative from the agribusiness industry. The Governor shall appoint these representatives to sit for a three-year term. Representatives appointed under this paragraph must receive a majority of their gross income from the activity which they represent. Two of the representatives appointed under this paragraph shall hold an active concentrated animal feeding operation permit as required by the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law. (3) Representatives of the Pennsylvania Association of Conservation District Directors and The Pennsylvania State University. Each of these organizations shall annually name one person to represent it under this paragraph. (4) Representatives of the Federal Farm Service Agency and the Federal Natural Resources Conservation Service. Each of these organizations shall annually name one person to represent it under this paragraph ex officio. (5) Representatives of the Department of Agriculture and the department. Each department shall name a deputy secretary to represent it under this paragraph ex officio. If a named deputy secretary is unable to serve on the board, the deputy secretary must be replaced by another deputy secretary or by the secretary of that same department. (6) The chairman and the minority chairman of the Agriculture and Rural Affairs Committee of the Senate or their designees and the chairman and the minority chairman of the Agriculture and Rural Affairs Committee of the House of Representatives or their designees to represent the General Assembly. (c) Chairman.--The board shall annually elect a board chairman from among those members designated or appointed under subsection (b)(1) and (2). No member shall serve as chairman for more than two consecutive years. (d) Staff.--The department shall furnish the board with administrative support. (Oct. 24, 2018, P.L.1179, No.162, eff. 60 days) 2018 Amendment. Act 162 amended subsec. (b)(2). Section 3 of Act 162 provided that members of the Nutrient Management Advisory Board and members of the Agricultural Advisory Board, as of the effective date of this section, shall continue to serve as members of their respective boards until their present terms of office expire. Special Provisions in Appendix. See section 4(3) of Act 220 of 2002 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 702 is referred to in section 701 of this title.

27 Pa.C.S. § 703 Powers of board.

(a) General rule.--The board shall have the following powers: (1) Provide advice and expertise to the department regarding the nature of agriculture in this Commonwealth. (2) Consult with the department on new departmental policy and revisions to existing departmental policy and on proposed technical guidance that will affect agriculture in this Commonwealth. (3) (Deleted by amendment). (4) Consult with the department on proposed regulations and proposed general permits that regulate agriculture in this Commonwealth. (b) Exempt regulations.--Regulations subject to review by the seasonal farm labor committee under the act of June 23, 1978 (P.L.537, No.93), known as the Seasonal Farm Labor Act, are exempt from review under subsection (a). (Oct. 24, 2018, P.L.1179, No.162, eff. 60 days) 2018 Amendment. Section 3 of Act 162 provided that members of the Nutrient Management Advisory Board and members of the Agricultural Advisory Board, as of the effective date of this section, shall continue to serve as members of their respective boards until their present terms of office expire.

27 Pa.C.S. § 704 Review of regulations and other documents.

(a) Notice to board.--The department shall notify and provide the board with any regulatory proposal or proposed general permit which would regulate agriculture or any proposed technical guidance that would affect agriculture. (b) Meeting and consultation with board.--(Deleted by amendment). (b.1) Board review.--The department may not publish any proposed regulation or proposed general permit that regulates agriculture or proposed technical guidance that affects agriculture prior to: (1) consultation with the board in the formulation of the proposed regulation, proposed general permit or proposed technical guidance, as reflected in the minutes or by written comments of the board; or (2) sixty days from the date when the proposed regulation, proposed general permit or proposed technical guidance was provided under subsection (a), unless the board sooner decides by majority vote that no consultation under paragraph (1) is required. (c) Inclusion of comments with proposed rulemaking.--The department shall include any written comments of the board, received prior to the department's submission of a proposed rulemaking package to the Environmental Quality Board, as part of its submission to the Environmental Quality Board. (d) Exceptions.--The requirements of this section shall not apply to regulations with mandatory statutory deadlines, to regulations required to be adopted by court order, to emergency regulations, to final regulations adopted pursuant to section 204 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, or where interim regulations are otherwise authorized by statute. The department shall advise the board as soon as possible of the development of regulations identified in this subsection which would regulate agriculture. (Oct. 24, 2018, P.L.1179, No.162, eff. 60 days) 2018 Amendment. Act 162 amended the section heading and subsec. (a), added subsec. (b.1) and deleted subsec. (b). Section 3 of Act 162 provided that members of the Nutrient Management Advisory Board and members of the Agricultural Advisory Board, as of the effective date of this section, shall continue to serve as members of their respective boards until their present terms of office expire. Cross References. Section 704 is referred to in section 703 of this title.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=27Fetched: 10/16/2026