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PA Bulletin, Doc. No. 01-1834




[7 PA. CODE CH. 128]


[31 Pa.B. 5704]

   The Department of Agriculture (Department) amends § 128.3 (relating to fees) to read as set forth in Annex A. This final-omitted regulation is adopted under the general authority of the Secretary of the Department to promulgate appropriate regulations to carry out section 7(b) of the Pesticide Control Act of 1973 (act) (3 P. S. § 111.27(b)) and the specific authority in section 37.1 of the act (3 P. S. § 111.57a). This final-omitted regulation will adjust the fees the Department may assess for pesticide product registration, certification, registration and licensing of pesticide applicators, as well as pesticide application businesses.

Contact with Affected Parties

   Public notice of intention to amend § 128.3 under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) (CDL), has been omitted as authorized under section 204(3) of the CDL (45 P. S. § 1204(3)), because the Department finds that these procedures under the circumstances, are unnecessary and impracticable. The Department first proposed the fee increase at the Pesticide Advisory Board (Board) public meeting in May 1999. In June 1999, over 6,000 copies of the private pesticide applicator newsletter, ''Pesticide Highlights,'' were mailed to all pesticide application businesses and pesticide dealers licensed by the Department. The newsletter contained an article announcing the proposed fee increase and solicited comments. As a result, the Department received 22 comments from these groups of affected businesses. Over 21,700 copies of ''Pesticide Highlights'' were mailed November 1999 to all private certified pesticide applicators and to members of the General Assembly. The newsletter again contained an article announcing the proposed fee increase and solicited comments. As a result, the Department received 14 comments from private applicators. The Department mailed an informational notice of the proposed fee increase requesting comments in November 1999 to all pesticide registrants along with the year 2000 product-renewal application (1,100 copies). The Department received and responded to seven comments from product registrants.

   The proposed fee increase regulation and the public comments were discussed at the September 1999, December 1999, March 2000, November 2000 and the most recent Board public meeting in March 2001. The Department also met with the three largest trade associations for the pesticide registrant groups on March 28, 2000, to discuss the proposed fee increase and to discuss any suggested comments or changes. The Reading Times newspaper published an article on August 2, 1999, regarding the Department's proposed fee increases. Representatives of the Department attended board meetings of the Pennsylvania Pest Control Association, Lawn Care Association of Pennsylvania and PennAg Industries Association to discuss the fiscal analysis regarding the proposed fee increase. These professional associations represent the majority of the regulated businesses and individuals affected by the regulation. The Department presently regulates 1,100 Pesticide Product Registrants (Manufacturers & Distributors); 10,500 Commercial Applicators; 5,750 Pesticide Application Businesses; and 2,500 Registered Pesticide Technicians. As part of its out-reach program, eight different regulatory proposals were considered by the Department, the Board and the affected groups. The final-omitted regulation represents a compromise developed through consensus and years of cooperation with regulated individuals and businesses.

Rationale for Fee Increase

   The pesticide program in this Commonwealth is required by the act to be a self-funding program. Specifically, section 37.1 of the act provides that if the revenues raised by fees, fines and civil penalties imposed under the act are not sufficient to meet expenditures for the administration and enforcement of the act over a 2-year period, the Secretary is authorized to increase fees by regulation so that the ''projected revenues will meet or exceed projected expenditures.'' The Department is projecting a deficit from the year 2001 and beyond. The ''fees'' were set by regulation and with the exception of the pesticide product registration--which was modified in 1991--have not changed since 1986. During the past 15 years, the Department has been able to provide the citizens of this Commonwealth with protection and services as required by both Federal and State laws, without increasing the cost to the regulated community. It is the Department's opinion that to continue to carry out its legislative mandate to protect the health and welfare of the citizens of this Commonwealth and the environment, it is necessary to increase the fees charged to the regulated industries and individuals. As part of its discussions and agreement with the regulated community, the Department has determined that it will not increase the current fee structure for agronomic producers, public applicators and restricted-use pesticide dealers.

Fiscal Impact


   The Department has determined that the final-omitted regulation will have no adverse fiscal impact on the Commonwealth other than a one-time cost of approximately $3,500 for postage and billing/ form conversion and data processing and programming.

Political Subdivisions

   The final-omitted regulation will have direct fiscal impact on political subdivisions in that the approximate 400 local governments which hold a pesticide business license will incur a $10 per year renewal fee increase.

Private Sector

   The final-omitted regulation will have a direct fiscal impact on the private sector as set forth more fully in Annex A.

General Public

   The final-omitted regulation will not have any fiscal impact on the general public.

Regulatory Review

   Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on August 21, 2001, the Department submitted a copy of the regulation with proposed rulemaking omitted to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Agriculture and Rural Affairs Committees. On the same date, the final-omitted regulation was submitted to the Office of Attorney General for review and approval as provided in the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506). In addition to submitting the final-omitted regulation, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1.

   Under section 5.1(d) of the Regulatory Review Act, the final-omitted regulation was deemed approved by the House and Senate Committees on September 10, 2001. IRRC met on September 20, 2001, and approved the final-omitted regulation.

Contact Person

   Individuals interested in further information may contact Lyle Forer, Director, Bureau of Plant Industry, Department of Agriculture, 2301 N. Cameron Street, Harrisburg, PA 17110-9408, (717) 772-5200.


   The Department finds that:

   (1)  Public notice of intention to amend § 128.3 by this order under the procedures specified by sections 201 and 202 of the CDL has been omitted under section 204(2) of the CDL because the Department has, for good cause, found that notice is unnecessary and impractical in that the regulated community participated in the drafting of the amended regulation and previously commented on the fee increases as more fully set forth in this Preamble.

   (2)  The persons subject to and affected by the final-omitted regulation as adopted by this order have received actual notice of the Department's intention to amend § 128.3 in advance of final-omitted rulemaking under section 204(2) of the CDL.

   (3)  The amendment of regulation of the Department relating to fee increases in the manner provided in this order is necessary and appropriate for the proper administration of its authorizing statute.


   The Department, acting under the authorizing statute, orders that:

   (a)  The regulations of the Department, 7 Pa. Code Chapter 128, are amended by amending § 128.3 to read as set forth in Annex A.

   (b)  The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and Office of Attorney General for approval as to form and legality as required by law.

   (c)  The Secretary of Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.


   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission relating to this document, see 31 Pa.B. 5622 (October 6, 2001).)

   Fiscal Note:  2-134. (1)  General Fund; (2)  Implementing Year 2001-02 is $3,500; (3)  1st Succeeding Year 2002-03 is $-0-; 2nd Succeeding Year 2003-04 is $-0-; 3rd Succeeding Year 2004-05 is $-0-; 4th Succeeding Year 2005-06 is $-0-; 5th Succeeding Year 2006-07 is $-0-; (4)  Fiscal Year 2000-01 $2,205,638; Fiscal Year 1999-00 $1,858,419; Fiscal Year 1998-99 $2,036,087; (7)  General Government Operations; (8)  recommends adoption.

Annex A





§ 128.3.  Fees.

   (a)  Pesticide dealer's license. The annual fee for a pesticide dealer's license is $10. The fee for a duplicate pesticide dealer's license is $3.

   (b)  Pest management consultant's license. The annual fee for a pest management consultant's license is $25. The fee for a duplicate pest management consultant license is $8.

   (c)  Pesticide application business' license. The annual fee for a pesticide application business' license is $35. The fee for a duplicate pesticide application business license is $8.

   (d)  Commercial applicator's certificate. The annual fee for the commercial applicator's certificate is $40. When the initial certification requires examination, no fee will be charged. The fee for a duplicate commercial applicator's certificate is $10.

   (e)  Public applicator's certificate. The triennial fee for a public applicator's certificate is $10. A fee is not required when the initial certification requires examination. The fee for a duplicate public applicator's certificate is $3.

   (f)  Examination fees. Examination fees are nonrefundable. The following examination fees, with payment made in advance, will be charged:

   (1)  Commercial/public applicator's core examination--$50.

   (2)  Commercial/public applicator's category examination--$10.

   (3)  Private applicator's examination--no charge.

   (4)  Pest management consultant's examination--no charge except that a fee of $5 will be charged if an examination is requested on other than a regularly scheduled examination date.

   (g)  Registration fee for a pesticide application technician.

   (i)  Commercial pesticide application technician. An annual registration fee of $30 will be charged to register a commercial pesticide application technician with the Department. The fee for a duplicate technician registration is $7.

   (ii)  Public pesticide application technician. An annual registration fee of $20 will be charged to register a public pesticide application technician with the Department. The fee for a duplicate technician registration is $7.

   (h)  Private applicator's permit. The triennial fee for a private applicator's permit is $10. The fee for a duplicate private applicator's permit is $3. A fee will not be charged for a special permit which may be issued in conjunction with the private applicator's permit.

   (i)  Product registration. The annual fee to register a pesticide is $135.

[Pa.B. Doc. No. 01-1834. Filed for public inspection October 12, 2001, 9:00 a.m.]

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