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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Statutes/Laws affected:
Printer's No. 0174: P.L.90, No.24