PRINTER'S NO. 596
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.587
Session of
2025
INTRODUCED BY FRIEL, GLEIM, TAKAC, BURGOS, LABS, KHAN, GIRAL,
VENKAT, VITALI, STAMBAUGH, KENYATTA, PIELLI, CUTLER, SANCHEZ,
CEPEDA-FREYTIZ, MALAGARI, HILL-EVANS, OTTEN, ZIMMERMAN,
WEBSTER AND GREEN, FEBRUARY 12, 2025
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
FEBRUARY 12, 2025
AN ACT
Establishing the hauler or broker of food processing residuals
certification program; providing for the transportation of
food processing residuals; imposing duties on the Department
of Agriculture and the State Conservation Commission; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Hauler or
Broker of Food Processing Residuals Certification Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Broker of food processing residuals." A person who, for a
fee or other remuneration, provides coordination for transport
or application of food processing residuals from a property
owned or controlled by another or to a property owned or
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"Certified hauler or broker of food processing residuals." A
person who is certified under this act as a hauler or broker of
food processing residuals.
"Commission." The State Conservation Commission established
under the act of May 15, 1945 (P.L.547, No.217), known as the
Conservation District Law.
"Department." The Department of Agriculture of the
Commonwealth.
"Food processing residuals." The term shall have the same
meaning as the term "food processing waste" under section 103 of
the Solid Waste Management Act.
"Food processing residuals data sheet." A written document
that meets the requirements established by the commission, in
consultation with the department, and specifies the quantity,
content, characterization, origin, age, prior possessors and
processing of food processing residuals, dates and parties to
any prior transfers of possession, intended site for storage
prior to land application, if applicable, and intended site of
land application in the course of normal farming operation.
"Hauler of food processing residuals." A person who, for a
fee or other remuneration, provides transport or application for
transport or application of food processing residuals from a
property owned or controlled by another or to a property owned
or controlled by another.
"Land application system." A written, site-specific plan
that incorporates best management practices for the use, storage
and application of food processing residuals.
"Secretary." The Secretary of Agriculture of the
Commonwealth.
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30 "Solid Waste Management Act." The act of July 7, 1980
(P.L.380, No.97), known as the Solid Waste Management Act.
Section 3. Hauler or broker of food processing residuals
certification program.
(a) Establishment.--The department shall establish, within
18 months of the effective date of this subsection, in
consultation with the commission, a hauler or broker of food
processing residuals certification program for the purpose of
certifying persons as certified haulers or brokers of food
processing residuals. The certification shall be in effect for
three years and eligible for renewal if the certified hauler or
broker of food processing residuals has completed six credits of
continuing education as approved by the department. The
department shall by regulation establish additional conditions
and fees for certification as the department deems appropriate.
(b) Training.--For purposes of the hauler or broker of food
processing residuals certification program, the department shall
develop, in consultation with the commission, training and
educational requirements, testing and other criteria as the
department deems necessary for certification under this act.
Training shall at a minimum address the following topics:
(1) The best management practices with respect to
transport, storage and application of food processing
residuals.
(2) Information necessary for identifying, understanding
and following a land application system with emphasis on best
practices for proper application and timing for application
of food processing residuals.
(3) Recordkeeping by certified haulers or brokers of
food processing residuals necessary to meet all regulatory
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30 requirements of this act and the Solid Waste Management Act.
(4) Procedures necessary for the development,
preparation and maintenance of accurate f ood processing
residuals data sheets.
(c) Approval of training.--The department shall have the
authority to approve, for the purposes of training and
education, programs developed by educational institutions or
entities that meet the requirements of this section.
(d) Food processing residuals data sheet.--The commission,
in coordination with the department, shall develop a food
processing residuals data sheet. The food processing residuals
data sheet shall include, at a minimum:
(1) The quantity, content, characterization, origin,
age, prior possessors and processing of the food processing
residuals, including testing as required by the land
application system.
(2) The dates and parties to any prior transfers of
possession of the food processing residuals.
(3) The intended site for land application or any other
destination, within or outside of this Commonwealth, where
the food processing residuals will be utilized or disposed.
(4) Any other required information necessary to
identify, track and determine appropriate food processing
residuals data sheet handling, storage and application rates.
Section 4. Requirements for hauler or broker of food processing
residuals.
(a) Prohibition.--Subject to the hauler or broker of food
processing residuals certification program established under
section 3(a), a hauler or broker of food processing residuals
may not transport or land apply in this Commonwealth, regardless
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30 of where the food processing residuals are generated, unless the
hauler or broker has:
(1) Successfully completed a hauler or broker of food
processing residuals certification program approved by the
department.
(2) Received the appropriate certification by the
department.
(3) Maintained certification under the requirements of
the hauler or broker of food processing residuals
certification program.
(b) Land applying of food processing residuals.--A hauler or
broker of food processing residuals shall, when land applying
food processing residuals, do so only in accordance with the
land application system.
(c) Food processing residuals data sheet.--Prior to
accepting food processing residuals for transport or
application, a hauler or broker of food processing residuals
shall ensure that a complete food processing residuals data
sheet has been transmitted to the commission.
(d) Recordkeeping.--All records required under this section
shall be maintained for three years and made available upon
request to the department.
Section 5. Transport and transfer requirement.
Food processing residuals shall be hauled, brokered or
transferred only by a certified hauler or broker of food
processing residuals and:
(1) At each and every transfer of possession within this
Commonwealth of food processing residuals, provide a food
processing residuals data sheet to all transferees, including
all persons receiving food processing residuals for land
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30 application or for further transfer to others for land
application.
(2) Maintain the food processing residuals data sheet
for a period of three years.
(3) Meet any additional requirements under the act of
June 22, 1937 (P.L.1987, No.394), known as The Clean Streams
Law, the Solid Waste Management Act and any other applicable
law.
Section 6. Unlawful conduct.
It shall be unlawful to fail to comply with or to cause or
assist in the violation of this act, a regulation promulgated
under this act or an order issued under this act.
Section 7. Administrative penalties.
(a) Penalties.--
(1) In addition to proceeding under any other remedy
available at law or in equity for a violation of this act,
the department may assess an administrative penalty of not
more than $1,000 for the first day of each violation and $500
for each additional day of continuing violation. The factors
for consideration in determining the amount of the penalty
are:
(i) The seriousness of the violation.
(ii) The willfulness of the violation.
(iii) Previous violations.
(2) A person may appeal a penalty under this section to
the secretary as follows:
(i) The appeal must be filed within 30 days of the
date of the penalty assessment.
(ii) The secretary shall issue a decision on the
appeal within 30 days of the filing of an appeal.
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30 (3) This subsection is subject to 2 Pa.C.S. Chs. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and 7 Subch. A (relating to judicial review of
Commonwealth agency action).
(b) Collection.--In cases of inability to collect the
administrative penalty or failure of a person to pay all or a
portion of the penalty, the department may refer the matter to
the Office of General Counsel, which shall institute an action
in the appropriate court to recover the penalty. A penalty
assessed shall operate as a lien on the property of the person
against whom the penalty has been assessed.
Section 8. Civil remedies.
(a) Law.--The Office of General Counsel may institute an
action at law in a court of competent jurisdiction to recover
damages for a violation of this act, a regulation promulgated
under this act or an order issued under this act.
(b) Equity.--The Office of General Counsel may institute an
action in equity in a court of competent jurisdiction to
restrain a violation of this act, a regulation promulgated under
this act or an order issued under this act. In a proceeding
under this subsection:
(1) The Commonwealth shall not be required to furnish
bond.
(2) The court shall issue a preliminary injunction if it
finds that the defendant is engaging in unlawful conduct as
proscribed by this act or is engaged in conduct which is
causing immediate and irreparable harm to the public.
(3) Equitable relief may be issued in addition to
damages under subsection (a).
(c) Abatement.--The court may fix a reasonable time during
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30 which the person responsible for a violation may make provision
for the abatement of the violation.
(d) Injunction.--In cases where the circumstances require it
or the public health is endangered, the court may issue a
preliminary injunction, special injunction or temporary
restraining order.
Section 9. Enforcement order and revocation or suspension of
certification.
(a) Orders and revocation or suspension.--The department
may:
(1) Issue orders necessary for the enforcement of this
act. An order issued under this subsection shall take effect
upon notice unless the order specifies otherwise.
(2) Suspend or revoke a certification granted under this
act if the department finds that the hauler or broker of food
processing residuals has failed or continues to fail to
comply with this act, the certification criteria, the
regulations promulgated under this act or an order of the
department under this act.
(b) Procedure.--A person may appeal an action under this
section to the secretary as follows:
(1) The appeal must be filed within 30 days of the date
of the order, revocation or suspension.
(2) The secretary shall issue a decision on the appeal
within 30 days of the filing of an appeal.
(3) This subsection is subject to 2 Pa.C.S. Chs. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and 7 Subch. A (relating to judicial review of
Commonwealth agency action).
Section 10. Powers reserved under existing laws.
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30 Nothing in this act shall limit the powers conferred upon the
department, the commission, the Department of Environmental
Protection or a county conservation district under laws other
than this act, including the act of June 22, 1937 (P.L.1987,
No.394), known as The Clean Streams Law, the Solid Waste
Management Act or the act of June 28, 2004 (P.L.454, No.49),
known as the Commercial Manure Hauler and Broker Certification
Act.
Section 11. Preemption of local ordinances.
This act is of Statewide concern and shall occupy the whole
field of regulation regarding the certification and regulation
of haulers or brokers of food processing residuals and the
transportation of food processing residuals to the exclusion of
all local regulations. Except as otherwise specifically provided
in this act, an ordinance or regulation of a political
subdivision may not prohibit or attempt to regulate the
certification or operations or transportation of haulers or
brokers of food processing residuals.
Section 12. Limitation of liability.
If a person operating as a hauler or broker of food
processing residuals is properly certified under this act and
has complied with this act in the transportation, utilization,
land application and activities related to the management of
food processing residuals, certification and compliance shall be
given appropriate consideration as a mitigating factor in an
action arising from the management or utilization of food
processing residuals transported or land applied by the hauler
or broker.
Section 13. Effective date.
This act shall take effect in 60 days.
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