(a) A person or municipality may not transport, or knowingly provide a vehicle for the transportation of, a food product or produce intended for human or livestock consumption, in a vehicle which has been used to transport municipal, residual or hazardous waste, or, chemical or liquid, in bulk, which is not a food product or produce.
(b) A person or municipality may not knowingly accept a food product or produce from, or provide a food product or produce to, a vehicle used to transport municipal, residual or hazardous waste, or, chemical or liquid, in bulk, which is not a food product or produce.
(c) As used in this section, the following words and phrases have the following meaning:
(1)
Food product or produce-A raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale, in whole or in part, for human consumption.
(2)
In bulk-Not divided into parts or packaged in separate units.
(3)
Chemical or liquid-The term includes any chemical or liquid, including any pesticide or herbicide regardless of its use or intended use. The term does not include the following:
(i) A chemical or liquid food product or produce.
(ii) A chemical or liquid being transported for use directly in the production and preparation for market of poultry, livestock and their products or in the production, harvesting or preparation for market of agricultural, agronomic, horticultural, silvicultural or aquicultural crops and commodites.
(iii) A chemical or liquid being transported for use as an ingredient in a product used in the production and preparation for market of poultry, livestock and their products or in the production, harvesting or preparation for market of agricultural, agronomic, horticultural, silvicultural or aquicultural crops and commodities.
Notes
The
provisions of this § 285.219 adopted October 9, 1992,
effective 10/10/1992, 22 Pa.B.
5105; amended December 22, 2000, effective 12/23/2000, 30 Pa.B.
6685.
The provisions of this § 285.219 amended under section
105(a) of the Solid Waste Management Act (35 P. S. §§
6018.105(a); sections 5(b)
and 402 of The Clean Streams Law (35 P. S. §§
691.5(b) and
691.402); section 302 of the
Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §
4000.301); section 104(a) of the Land
Recycling and Environmental Remediation Standards Act (35 P. S. §
6026.104(a)); sections 2(b)
and 4(b) of the Infectious and Chemotherapeutic Waste Law (35 P. S. §§
6019.2(b) and
6019.4(b)); sections 1905-A,
1917-A, 1920-A and 1937-A of The Administrative Code of 1929 (71 P. S. §§
510-5,
510-17,
510-20 and
510-37); section 207 of the
Small Business and Household Pollution Prevention Program Act (35 P. S. §
6029.207); section 15(a) of the act of
November 26, 1997 (P. L. 530, No. 57); Environmental Stewardship and Watershed
Protection Act,
27 Pa.C.S. §
6105(g); sections 301 and
302 of the Radiation Protection Act (35 P. S. §§
7110.301 and
7110.302); and section
4909(e) of the Vehicle Code,
75 Pa.C.S. §
4909(e).
This section cited in 25 Pa. Code §
284.501 (relating to scope); 25
Pa. Code §
285.201 (relating to scope); and
25 Pa. Code §
299.201 (relating to
scope).
