Pennsylvania’s recently enacted 2026-27 budget-related Fiscal Code legislation establishes a new framework that is likely to result in meaningful oversight for the storage, transport, brokering and land application of food processing residuals (“FPRs”) used on farms. This action is in response to longstanding complaints regarding odors, water quality and alleged misuse of FPRs as a low-cost fertilizer alternative. The relevant statutory language appears in SB 146, Printer’s No. 1888, at pages 14–31.
The framework is expected to eventually affect food processors, farms, nutrient-management planners, waste haulers, brokers, municipalities and agribusinesses involved with FPRs in Pennsylvania. Although FPRs may provide agronomic value, the legislation is intended to address perceived oversight gaps and create clearer accountability for improper handling or application.
New legislation is expected to place primary responsibility for on-farm FPR standards with the State Conservation Commission (“SCC”) and the Pennsylvania Department of Environmental Protection (“DEP”) and the Pennsylvania Department of Agriculture (“DOA”) also playing roles in implementation. In addition, the framework directs the development of standards addressing storage, odor management, monitoring, site preparation, application practices, recordkeeping, and hauler and broker certification.
Implementation of the framework will require further regulatory development to establish detailed requirements. Future rulemaking is expected to clarify agency responsibilities, permitting and enforcement authorities, best management practices, hauler and broker certification requirements, and timelines for implementation.
Why It Matters
Pennsylvania’s new framework signals a shift toward broader oversight of FPRs used in agriculture. Businesses that generate, transport, broker, store or land-apply FPRs should expect new documentation, operational and compliance obligations as implementing regulations are developed.
Although the scope and timing of future regulations remain uncertain, Pennsylvania’s new FPR framework establishes the foundation for expanded oversight. Businesses involved in any stage of the FPR lifecycle should evaluate current practices, strengthen recordkeeping and monitor agency developments now.
Barley Snyder will continue monitoring implementation of Pennsylvania’s new FPR framework. For questions about the anticipated new requirements or related compliance considerations, please contact attorneys Hyo Jin (Jinnie) Lee, Martin Siegel, Tim Dietrich, or any member of Barley Snyder’s Food and Agribusiness Group.
