Farm Bureau-Approved Food Processing Residuals Reforms Signed Into Law

Language reforming the administration of on-farm management for food processing residuals (FPRs) and creating a certification program for haulers and brokers of FPRs — supported and sought for the past 16 months by Farm Bureau and PennAg Industries — was included in the fiscal code legislation (Senate Bill 146, pages 14-31) accompanying the just-approved 2026-27 Pennsylvania state budget. SB 146 was signed into law by Governor Josh Shapiro on July 12 (along with the budget and other related legislation).

The language in question requires the State Conservation Commission (SCC) — as recommended by Farm Bureau policy — to be the agency in charge of the on-farm management of FPRs and to promulgate regulations governing that management. Previously, the responsibility had rested with the Pennsylvania Department of Environmental Protection’s (DEP) solid waste management section, which is ill-suited to dealing with nutrient management activities. Under the new framework, both DEP and the Pennsylvania Department of Agriculture (PDA) will have responsibilities in on-farm FPR management through their joint leadership of the SCC, and importantly, local governments will have no authority to enact ordinances governing the use of FPRs (again, as recommended by Farm Bureau policy).

Other key features of the FPR language include:

• A definition of “characteristics of interest” for FPRs, which refers to components in FPRs that may be of “special concern” due to their potential to irrevocably harm the environment or public health. Farm Bureau policy recommends characterization of FPRs before they are land applied.
• A definition of “normal farming operation” intended to make clear which activities do and do not constitute “normal” farming, so as to firmly demonstrate the permissible scope of FPR land application and forestall some of the serious incidents that have caused concerns for farmers and other residents alike in some communities.
• The SCC will work with PDA, DEP, the PDA Nutrient Management Advisory Board, and the DEP Agricultural Advisory Board on the development of the aforementioned regulations, which must utilize the following criteria:
  • Procedures to identify nutrients of concern in FPRs.
  • Procedures to identify “characteristics of interest” in FPRs.
  • Procedures to determine the proper application rates for an FPR, given the soil to which it is to be applied and the crop to be produced.
  • Use of science and evidence-based best management practices (BMPs) for FPR management.
  • Recordkeeping requirements for storage, processing, and land application of FPRs.
  • Minimum standards for the construction and operation of FPR storage facilities.
  • Minimum standards for the co-mingling of manure and FPRs.
  • Procedures for notification, modification, and evaluation of land application system (LAS) plans for FPRs used in normal farming operations.
• The SCC will continuously evaluate and approve new BMPs for use with FPR land application, and also do the same with the criteria for the LAS. The legislation also charges the SCC with implementing a program to provide education and technical assistance to existing farming operations in order to implement BMPs for normal farming operations.
• The LAS plan is a current requirement for on-farm FPR management. The legislation makes that requirement explicit and sets requirements for what an LAS plan must contain:
  • Identification of site-specific BMPs for FPR storage, processing, and land application.
  • Identification of site-specific BMPs to manage (not eliminate) odor, which is exceedingly difficult to objectively measure.
  • Records received from FPR haulers and brokers.
  • A description and the total annual volume of each FPR planned for use and the type of land application planned.
  • A statement that the agricultural operator understands that he must comply with all nutrient management requirements if manure and FPRs are co-mingled.
• The LAS shall be available by request to the SCC, and a notification must be filed with the SCC prior to application of FPRs (every three years). The notification shall include:
  • The name, location and contact information of the agricultural operator land applying FPRs.
  • The total estimated volume of FPRs used per month.
  • The nutrient content and characteristics analysis of the FPRs.
  • The total acreage of land application under the LAS.
  • A signed statement from the operator confirming FPR use under an LAS.
• An LAS may need to be re-submitted if the SCC deems it to be incomplete. The LAS notification is valid for three years from the date received.
• The SCC may impose civil penalties of $500 for the first day of a violation and $100 for each additional day until the violation is corrected. Mitigating (or aggravating) factors may be considered in determining penalties, and a warning may be issued in cases in which there was no negative impact to human health or the environment. Uncollected penalties may be referred to the Office of General Counsel or to the Attorney General for further recovery action.
• Agents of the SCC, PDA, DEP, or a delegated county conservation district may enter a normal farming operation at “reasonable times” to conduct enforcement actions. An operator has a duty to grant access; however, agents must follow reasonable biosecurity measures as directed by the operator. Such actions are appealable within ten days of notice.
• Unless classified as hazardous waste by the DEP Environmental Quality Board (EQB), FPRs are not to be classified as such or as residual waste under the Solid Waste Management Act (SWMA).
• PDA will create a certification program for haulers and brokers of FPRs that clearly specifies the individuals required to obtain such certification and clearly states the responsibilities of each party’s role in transportation, from the original generator to the ultimate recipient (as recommended by Farm Bureau policy).
• The SCC has two years to develop temporary FPR regulations which will expire in no less than three years, in order to facilitate the prompt implementation of the new FPR governance structure, with new permanent regulations to follow upon their expiration.
• Operator compliance with all applicable FPR laws, regulations and orders will be considered as a mitigating factor in disputes arising from any action resulting from use of FPRs in a normal farming operation, as well as with any action against an FPR hauler or broker.
• Funding for these activities will be drawn from the Nutrient Management Fund, as well as related penalty and fee revenue.

This action represents the culmination of approximately three years of discussions with state legislators, state executive branch and state legislative staff, other agriculture and environmental stakeholders, and Farm Bureau members in the areas of the Commonwealth most affected by the past mismanagement of Pennsylvania FPR policy. Most importantly, it is yet another demonstration of what Pennsylvania Farm Bureau can accomplish.

Pennsylvania Farm Bureau wishes to express its most sincere gratitude to PennAg Industries; to the House and Senate staff members who drafted and then shepherded the language into legislation; and to Rep. Michael Stender (R-Northumberland) and the office of Sen. Greg Rothman (R-Cumberland) for offering amendments containing Farm Bureau-supported language during the past 16 months.

Farm Bureau stands ready to begin the process of developing the aforementioned regulations and materials necessary to implement Pennsylvania’s new and improved FPR management regime.

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Pennsylvania Farm Bureau is the state’s largest farm organization, representing farms of every size and commodity across Pennsylvania.