(a) Application rates.--Except as provided in subsections (c) and (d), fertilizer application rates to turf:
(1) Shall not exceed 0.7 pounds of readily available nitrogen per 1,000 square feet per application.
(2) Shall not exceed 0.9 pounds of total nitrogen per 1,000 square feet per application except, when labeled as an enhanced-efficiency nitrogen fertilizer, the amount of nitrogen released at any given time shall not exceed 0.7 pounds of nitrogen per 1,000 square feet.
(3) Shall contain zero phosphorus, except when specifically labeled for the following purposes:
(i) establishing vegetation for the first time;
(ii) reestablishing or repairing a turf area; or
(iii) as an enhanced-efficiency phosphorus fertilizer, natural organic fertilizer or organic-based fertilizer, if the application rate does not exceed 0.25 pounds of phosphorus per 1,000 square feet per application, with a maximum total annual application of 0.5 pounds of phosphorus per 1,000 square feet.
(b) Restrictions.--No person may:
(1) Apply fertilizer labeled for use on turf to an impervious surface. Fertilizer labeled for use on turf that is inadvertently applied to an impervious surface shall be removed from the impervious surface immediately following the application.
(2) Apply fertilizer containing nitrogen or phosphorus to turf at any time when the ground is frozen to a depth of at least two inches or snow covered.
(3) Except as provided in paragraph (4), apply fertilizer containing nitrogen or phosphorus to turf after December 15 and before March 1 or dates as established in regulations promulgated by the department.
(4) Fertilizer containing no more than 0.5 pounds of total nitrogen per 1,000 square feet, or at a rate established in regulations promulgated by the department, may be applied by a certified applicator or fertilizer technician to turf after December 15 and before March 1 or dates as established in regulations promulgated by the department.
(c) Fertilizer use and application rates for turf.--
(1) The department may establish use and application rates for fertilizer that is applied to turf.
(2) The current rates or source of established fertilizer use and application rates shall be published at least once every two years by the department transmitting a notice to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(3) New application rates or changes to established fertilizer use and application rates shall:
(i) Be based on appropriately peer-reviewed scientific research representing conditions of this Commonwealth and recommended by The Pennsylvania State University or other institution of higher education in this Commonwealth.
(ii) Be as protective or more protective of water quality as those rates specified in subsection (a).
(iii) Be published as a notice of public comment in the Pennsylvania Bulletin and allow for a 30-day public comment period. The department shall respond to all comments received and make a copy of the comments publicly available. The new rates or changes shall be published as final rates in the Pennsylvania Bulletin and take effect upon publication.
(d) Application based on soil test and site-specific plan.--A person shall not be required to follow application rates established under subsection (a) or (c) if a site-specific plan is used based on all the following:
(1) A soil test was conducted within the previous three years and in accordance with procedures recommended by The Pennsylvania State University.
(2) Current soil, plant species, climate, use, topography or other appropriate management factors.
(3) Rates recommended by The Pennsylvania State University or other institution of higher education in this Commonwealth approved by the department.
(e) (Reserved).
(f) Additional requirements.--The department may establish additional requirements through regulation.
(g) Exemption.--This section shall not apply to fertilizer applied to land used for an agricultural operation or by a public or private institution of higher education for research purposes.
Cross References. Section 6813 is referred to in sections 6804, 6810 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 6803 - Registration of specialty fertilizers
Section 6804 - Components of fertilizer labeled for turf
Section 6805 - Labels and labeling
Section 6806 - Inspection fees
Section 6807 - Tonnage reports
Section 6808 - Plant nutrient deficiency
Section 6809 - Commercial value
Section 6812 - Application of fertilizer
Section 6813 - Application of fertilizer to turf
Section 6814 - Prohibited acts
Section 6815 - Agricultural and homeowner education
Section 6817 - Rules and regulations
Section 6819 - Refusal, suspension or revocation of registration or license
Section 6820 - Stop-sale orders
Section 6821 - Seizure and condemnation
Section 6822 - Unlawful conduct
Section 6823 - Inspection, sampling and analysis
Section 6824 - Interference with officer or employee of department
Section 6825 - Enforcement and penalties
Section 6828 - Cooperation with other entities
Section 6829 - Exchanges between manufacturers
Section 6830 - Confidentiality