PDA Issues Correction to Clean and Green

Written by M. Sean High

On August 22, 2015, the Pennsylvania Department of Agriculture (PDA) issued a corrective amendment to the Pennsylvania Code to remedy § 137b.24 of the Preferential Assessment of Farmland and Forest Land under the Clean and Green Act.  The corrective amendment, published in the Pennsylvania Bulletin Volume 45, number34, stated that PDA had “discovered a discrepancy between the agency text of 7 Pa. Code § 137b.24 (relating to ineligible land)…and the official text as published at 31 Pa.B. 1701 (March 31, 2001)…” 

According to the official text published in 31 Pa.B.1701, the first sentence of the Pennsylvania Code under “ineligible land” should have stated: “A landowner seeking preferential assessment under the act shall include ineligible land on the application if the ineligible land is part of a larger contiguous tract of eligible land, and the use of the land which causes it to be ineligible exists at the time the application is filed.” (Emphasis added).  Instead, the first sentence of 7 Pa. Code § 137b.24 “Ineligible land” had stated: “A landowner seeking preferential assessment under the act shall include ineligible land on the application if the eligible land is part of a larger contiguous tract of eligible land, and the use of the land which causes it to be ineligible exists at the time the application is filed.” (Emphasis added).  The corrective amendment to Pennsylvania Code § 137b.24 now properly reflects the official text published in 31 Pa.B. 1701.

The corrective amendment to Pennsylvania Code § 137b.24 became effective upon the August 22, 2015 publication in the Pennsylvania Bulletin. 

PDA Publishes Quarantine Order on Poultry at Agricultural Fairs

On July 11, 2015, the Pennsylvania Department of Agriculture (PDA) published notice in the Pennsylvania Bulletin which placed a quarantine order on all poultry and poultry products from the premises of the annual Pennsylvania Farm Show, as well as any competitions, shows, fairs and exhibitions that receive funding pursuant to the Pennsylvania Agricultural Fair Act.  The quarantine will be in effect until further notice from PDA.

The notice cites the authority to issue the quarantine comes from the Domestic Animal Law, specifically 3 Pa. C.S.A. §§ 2329(a) and 2329(d).  Under section 2329(d), avian influenza is considered a “dangerous transmissible disease,” giving the PDA broad authority in how to prevent and handle potential outbreaks.

Secretary of Agriculture Russell Redding issued a press release back on May 11, 2015, announcing these measures.  The press release noted that the measures are in place to prevent a potential outbreak and spread of avian influenza in Pennsylvania.  The last outbreak in Pennsylvania occurred in 1983-84 and 17 million birds were lost that were valued at $65 million.  In 2014, the poultry and egg industry totaled $13 billion in economic activity in Pennsylvania, making prevention of avian influenza critical.  

Written by Katharine Richter - Research Assistant

July 16, 2015

PDA Enacts Quarantine Order to Reduce Spread of Avian Influenza

  On June 20, 2015, the Pennsylvania Department of Agriculture (PDA) published notice in the Pennsylvania Bulletin regarding the establishment of an interstate Quarantine Order for all live bird markets and breaker eggs shipped interstate to Pennsylvania.  The order became effective upon publication. 

  Enacted to reduce the potential exposure of Pennsylvania poultry to highly pathogenic avian influenza, the interstate Quarantine Order applies to “live bird markets,” defined as markets that sell live birds for consumers or sell live birds and slaughter them on-premises for customers, and “breaker eggs,” defined as eggs that are cracked and sold in liquid form to be used by wholesale bakers and restaurants.  According to the order, poultry and breaker eggs that originate from states where Highly Pathogenic Avian Influenza has been detected are not allowed into the Commonwealth unless the products are properly tested and documented.

  In a press release issued by PDA, Secretary of Agriculture Russell Redding stated, “As avian influenza continues to spread eastward, we have increased our monitoring and protocols to safeguard the state’s $13 billion poultry industry.” Additionally, Secretary Redding noted, “[w]ith this order, Pennsylvania’s biosecurity efforts are strengthened without impeding commerce.”

Currently, avian influenza has been confirmed in twenty states.  

Written by Katharine Richter - Research Assistant

June 22, 2015