Current through Register Vol. 54, No. 44, November 2, 2024
(a) The use of a
pesticide by a grower/processor in the growing or processing of seeds, immature
medical marijuana plants, postharvest plant material, medical marijuana plants
or medical marijuana shall be in accordance with the Pennsylvania Pesticide
Control Act of 1973 (3 P.S. §§ 111.21-112) and this part.
(b) The Department and the Department of
Agriculture will cooperate to inspect for and enforce the requirements of this
section.
(c) The following apply
regarding recordkeeping requirements for pesticide applications:
(1) The grower/processor shall maintain a
record of each application of a pesticide. The record must include the
following information:
(i) The date of
application. For a pesticide requiring a re-entry time, the date of application
must include the hour completed.
(ii) The place of application, including the
specific block, section, or immature medical marijuana plants or medical
marijuana plants treated.
(iii) The
size of the area treated.
(iv) The
product name of every pesticide used.
(v) The United States Environmental
Protection Agency product registration number. This requirement is unnecessary
for products exempted under section 25 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C.
§
136w).
(vi) The total amount of every pesticide used
in pounds, ounces, gallons or liters applied to a treated area.
(vii) The dosage or rate of application of
every pesticide used.
(viii) If
applicable, the employee identification numbers of the individuals involved in
making the pesticide and the permit or certification numbers of the individuals
making or supervising the application.
(ix) Copies of pesticide labels and Safety
Data Sheets for the pesticides used at the facility.
(2) A record required to be kept under this
section shall be completed within 24 hours of the completion of the application
and maintained for 4 years. A record shall be made immediately available to the
Department or its authorized agents and medical personnel or first responders
in an emergency. A record shall be made available to the Department of
Agriculture upon request.
(d) For purposes of enforcement, the
Pesticide Control Act and 7 Pa. Code Chapter 128 (relating to pesticides) are
incorporated by reference and adopted as standards for use by the Department of
Agriculture, in coordination with the Department, in enforcing this
section.
(e) A grower/processor
shall only use the pesticide active ingredients approved under §
1151a.27 (relating to requirements
for growing and processing medical marijuana) in the growing and processing of
seeds, immature medical marijuana plants, postharvest plant material, medical
marijuana plants or medical marijuana.
(f) The following words and terms, when used
in this section, have the following meanings, unless the context clearly
indicates otherwise:
Defoliant-A substance or mixture of
substances intended for causing the leaves or foliage to drop from a plant,
with or without causing abscission.
Desiccant-A substance or mixture of
substances intended for artificially accelerating the drying of plant
tissue.
Pesticide-A substance or mixture of
substances intended for preventing, destroying, repelling or mitigating a pest,
and a substance or mixture of substances intended for use as a plant regulator,
defoliant or desiccant.
Plant regulator-
(i) A substance or mixture of substances
intended, through physiological action, for accelerating or retarding the rate
of growth or rate of maturation, or for otherwise altering the behavior of
plants or the produce thereof, but may not include substances to the extent
that they are intended as plant nutrients, trace elements, nutritional
chemicals, plant inoculants and soil amendments.
(ii) The term does not include any of the
nutrient mixtures or soil amendments commonly known as vitamin-hormone
horticultural products, which are intended for improvement, maintenance,
survival, health and propagation of plants, and are not for pest destruction
and are nontoxic, nonpoisonous in the undiluted packaged
concentration.
