HB 2389 — An Act amending the act of March 1, 1974 (P.L.90, No.24), known as the Pennsylvania Pesticide Control Act of 1973, further providing for delegation of duties and exclusion of local laws and regulations.

PRINTER'S NO.    3209

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2389
                                               Session of
                                                 2026

     INTRODUCED BY O'MARA, KHAN, SANCHEZ, GIRAL, HILL-EVANS,
        BOROWSKI, GREEN, CEPEDA-FREYTIZ, SAMUELSON, BRENNAN,
        SHUSTERMAN AND STEELE, APRIL 15, 2026

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 16, 2026


                                    AN ACT
 1   Amending the act of March 1, 1974 (P.L.90, No.24), entitled "An
 2      act relating to the labeling, distribution, storage,
 3      transportation, use, application and disposal of pesticides
 4      and devices; providing for registration and examination of
 5      such materials; the licensing of pesticide dealers and pest
 6      management consultants and imposing penalties," further
 7      providing for delegation of duties and exclusion of local
 8      laws and regulations.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Section 37 of the act of March 1, 1974 (P.L.90,
12   No.24), known as the Pennsylvania Pesticide Control Act of 1973,
13   is amended to read:
14      Section 37.    Delegation of Duties; [Exclusion] Limitation of
15   Local Laws and Regulations.--(a)   All authority vested in the
16   secretary by virtue of the provisions of this act may with like
17   force and effect be executed by such employes of the
18   Commonwealth as the secretary may from time to time designate
19   for said purpose.
20      (b)   This act and its provisions are of Statewide concern and
 1   occupy the whole field of regulation regarding the registration,
 2   sale, transportation, distribution, notification of use, and use
 3   of pesticides to the exclusion of all local regulations. Except
 4   as otherwise specifically provided in this act, no ordinance or
 5   regulation of any political subdivision or home rule
 6   municipality may prohibit or in any way attempt to regulate any
 7   matter relating to the registration, sale, transportation,
 8   handling or use of pesticides, if any of these ordinances, laws
 9   or regulations are in conflict with this act.
10      (c)   Notwithstanding subsection (b), a municipal corporation
11   may, by ordinance, establish a restricted application district
12   in a contiguous geographic area where the population density is
13   not less than three hundred persons per square mile. The
14   ordinance under this subsection may limit or prohibit the
15   application of specified pesticides in outdoor areas by a
16   commercial applicator, or a pesticide application technician on
17   behalf of a commercial applicator, on privately held property.
18   The scope of authority under this subsection shall not include
19   the regulation of aerial application, applications on public
20   property, applications on agricultural property or applications
21   by public applicators.
22      (d)   The Department of Community and Economic Development
23   shall, within one hundred twenty days of the effective date of
24   this subsection, prepare a sample advisory ordinance that may be
25   used by a municipal corporation to exercise the authority
26   delegated under subsection (c).
27      Section 2.   This act shall take effect in 60 days.




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