Title 7--AGRICULTURE DEPARTMENT OF AGRICULTURE [7 PA. CODE CHS. 11, 95, 123, 125 AND 128a] Rescission of Outdated Regulations [37 Pa.B. 4518]
[Saturday, August 18, 2007]The Department of Agriculture (Department) rescinds Chapters 11, Subchapters B and C, 95, 123, 125 and 128a. The chapters are rescinded because the regulations are outdated or unnecessary.
Statutory Authority
The rescission of Chapter 11, Subchapters B and C is authorized under 3 Pa.C.S. Chapter 23 (relating to Domestic Animal Law), which addresses subjects such as animal health and disease detection and eradication. Under 3 Pa.C.S. § 2305 (relating to keeping and handling of domestic animals), the Department is authorized to regulate as necessary to exclude or contain dangerous transmissible diseases of animals. The rescission of Chapter 11 is driven by new testing and procedures that obviate the need for these provisions. In addition, 3 Pa.C.S. Chapter 23 affords the Department adequate authority to quickly impose a quarantine to deal with any problems related to the presence of Johne's disease in an animal.
The rescission of Chapter 95 is authorized under the act of April 4, 1929 (P. L. 144, No. 148) (Act 148) (3 P. S. §§ 21--33), which addresses standards for farm products. Section 10 of Act 148 (3 P. S. § 30) authorizes the Department to regulate as necessary to carry out the provisions of that statute. Chapter 95 has long been obsolete, as the apple industry has moved on to other quality assurance standards and programs.
The rescission of Chapter 123 is authorized under sections 1 and 2 of the act of July 28, 1953 (P. L. 652, No. 193) (Act 193) (3 P. S. §§ 251 and 252), which addresses barberry bushes and stem rust disease. Section 1 of Act 193 authorizes the Department to regulate a program to reimburse counties for expenses relating to the eradication of rust from barberry bushes and stem rust disease in certain other plant species. The rescission of Chapter 123 is driven by the fact that the fiscal aid that had once been available for stem rust control has long been gone.
The rescission of Chapter 125 is authorized under the Plant Pest Act (3 P. S. §§ 258.1--258.27), which addresses plant diseases. Section 3 of the Plant Pest Act (3 P. S. § 258.3) authorizes the Department to regulate as necessary to carry out the provisions of the Plant Pest Act. The various plant pest quarantines addressed in Chapter 125 are no longer necessary. The Department retains the ability to quickly address the presence of plant pests by use of the quarantine authority provided it under the Plant Pest Act.
Although Chapter 128a was a statement of policy, rather than a regulation, and could be rescinded without going through the formal regulatory promulgation process, the Department included the rescission of this statement of policy in this final-form rulemaking. Chapter 128a was authorized under the Pennsylvania Pesticide Control Act of 1973 (act) (3 P. S. §§ 111.21--111.61), which addresses pesticide use and disposal. Section 7(b) of the act (3 P. S. § 111.27(b)) authorizes the Department to regulate as necessary to carry out the provisions of the act. The rescission of Chapter 128a is driven by the fact that this chapter has been entirely supplanted by subsequent regulations in Chapter 128b (relating to CHEMSWEEP pesticide disposal program).
Purpose of the Final-Form Rulemaking
The final-form rulemaking rescinds outdated or unneeded regulatory provisions that are currently administered and enforced by the Department.
Comments and Responses
Notice of proposed rulemaking was published at 37 Pa.B. 951 (February 24, 2007), affording the public, the Legislature and the Independent Regulatory Review Commission (IRRC) the opportunity to offer comments. No objections, comments or recommendations were offered.
Fiscal Impact
Commonwealth. The final-form rulemaking imposes no costs and has no fiscal impact on the Commonwealth.
Political subdivisions. The final-form rulemaking imposes no costs and has no fiscal impact upon political subdivisions.
Private sector. The final-form rulemaking imposes no costs and has no fiscal impact on the private sector.
General public. The final-form rulemaking imposes no costs and has no fiscal impact on the general public.
Paperwork Requirements
The final-form rulemaking will not impact upon the paperwork generated by the Department or the regulated communities.
Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
Contact Person
Individuals who need information about the final-form rulemaking should contact Angela M. Black, Department of Agriculture, Legal Office, 2301 North Cameron Street, Harrisburg, PA 17110-9408.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 13, 2007, the Department submitted a copy of the notice of proposed rulemaking, published at 37 Pa.B. 951, to IRRC and the Chairpersons of the House and Senate Standing Committees on Agriculture and Rural Affairs for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on July 18, 2007, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC, effective July 18, 2007.
Findings
The Department finds that:
(1) Public notice of intention to adopt this final-form rulemaking has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law; and no comments were received were considered.
(3) No amendments were made to this final-form rulemaking, as no comments were offered with respect to the proposed rulemaking published at 37 Pa.B. 951.
(4) The adoption of the final-form rulemaking in the manner provided in this order is necessary and appropriate for the administration of the authorizing statute.
Order
The Department, acting under the authorizing statutes, orders the following:
(a) The regulations of the Department, 7 Pa. Code 11, 95, 123, 125 and 128a, are amended by deleting §§ 11.11--11.18, 11.21, 11.22, 95.1--95.7, 123.1--123.6, 125.1--125.8, 125.11, 125.12, 125.21--125.25, 125.31--125.33, 125.41--125.47, 125.51--125.56, 125.61--125.65, 125.71--125.78 and 125.131--125.137 to read as set forth at 37 Pa.B. 951.
(b) The statement of policy of the Department, 7 Pa. Code Chapter 128a, is amended by deleting §§ 128a.1--128a.18 to read as set forth at 37 Pa.B. 951.
(c) The Secretary of Agriculture shall submit this order and 37 Pa.B. 951 to the Office of General Counsel and the Office of Attorney General for approval as required by law.
(d) The Secretary of Agriculture shall certify and deposit this order and 37 Pa.B. 951 to the Legislative Reference Bureau as required by law.
(e) This order shall take effect upon publication in the Pennsylvania Bulletin.
DENNIS C WOLFF,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 37 Pa.B. 4411 (August 4, 2007).)
Fiscal Note: Fiscal Note 2-154 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 07-1477. Filed for public inspection August 17, 2007, 9:00 a.m.]
