§ 1512 — Permits

Pennsylvania § 1512

• Jurisdiction: Pennsylvania
• Title 3: AGRICULTURE
• Part: PART III
• Ch. 15: CONTROLLED PLANTS AND NOXIOUS WEEDS
• Subch.: REGULATION AND ADMINISTRATION

Text

(a) General rule.--The following permitting rules apply to noxious weeds for research or educational purposes and to controlled plants for research or marketing purposes, cultivation, propagation, storing, warehousing or display and for retail, wholesale or distribution:

(1) For noxious weeds, the department may issue individual permits. A permit may allow for the cultivation and propagation of a noxious weed for research and educational purposes only. The department shall establish the criteria for a noxious weed individual permit through the issuance of a temporary order, as set forth in section 1514(4) (relating to individual permits).

(2) For controlled plants, the department may issue individual permits or general permits. The department shall establish the criteria for a controlled plant individual permit through the issuance of a temporary order as specified under section 1514(4).

(b) Permit required.--No person may research, market, distribute, transport, cultivate, hold, retail, wholesale, propagate or display a noxious weed or controlled plant without obtaining a permit from the department in accordance with the provisions of this chapter.

(c) Notice of closing, change of name or moving location.--

(1) Any person who holds a permit under this chapter shall notify the department, in writing, prior to any change of status related to the permit, including:

(i) Intent to close, sell or change the name of the business or entity holding the permit.

(ii) Intent to move the location of the business or entity or the location of the activity specifically authorized by the permit.

(iii) Intent to discontinue the activities specifically authorized by the permit.

(2) Upon notification, the department may enter onto the land and premises, including buildings and conveyances that were utilized for or where the permitted activity of the person holding or required to hold a permit under this chapter took or is taking place, and to conduct inspections of the premises as are necessary to determine what remedial, eradication or containment practices are necessary prior to the closure or other change of status occurring.

(3) Failure to notify the department or otherwise comply with the provisions of this subsection shall be a violation of this chapter.

(d) Revocation or suspension.--Within 30 days of receipt of a notice of revocation, the permit holder may apply for an amendment to the permit or request a hearing as provided under section 1524 (relating to appeal process). The secretary may revoke or suspend all or part of a permit issued under this section when:

(1) The secretary determines that a permit holder has failed to comply with the requirements of this chapter.

(2) It is necessary to protect crops, livestock, agricultural land or other property, including forest land and bodies of water.