A buried provision in SB146 creates a new mandatory certification for businesses that haul, broker, or handle food processing residuals in Pennsylvania.
Most Pennsylvania retailers don't realize that a provision tucked into SB146—a sprawling budget bill—has created a new state licensing requirement that could affect their operations or supply chain. If your business commercially hauls, brokers, stores, transfers, transports, or land-applies food processing residuals, you now need state certification to operate legally.
Food processing residuals are byproducts from food manufacturing—spent grains from breweries, whey from cheese makers, trim and scraps from meat or produce processors, and similar materials. Many farms and businesses use these materials for animal feed, soil amendment, or other purposes. The people and companies that move these materials around the state now face a new regulatory requirement.
The rule applies to any business that:
If you operate a food manufacturing facility and occasionally move your own residuals, the scope of the rule as written suggests you may need to understand whether your activities trigger the certification requirement. Retailers with on-site food prep or processing operations should review whether they fall under this definition.
Operating without certification carries real teeth. Pennsylvania can assess administrative penalties of up to $1,000 for the first day of violation and $500 per day for each day the violation continues. Beyond fines, the state can suspend or revoke your certification entirely, effectively shutting down that line of business.
The provision is codified in Section 1322(A) of SB146 (page 25). The rule becomes effective when temporary regulations are published in the Pennsylvania Bulletin under Section 1325, or when final regulations are adopted—whichever comes first. As of now, the temporary or final regulations have not yet been published, so businesses should monitor the Pennsylvania Bulletin for the official effective date.
If your business handles food processing residuals in any capacity, begin tracking the Pennsylvania Bulletin for the Department of Agriculture's proposed regulations. Once published, there will likely be a window to understand the certification process, application requirements, and compliance deadlines. Don't wait until penalties are assessed to learn the rules.
Retailers and food processors in Pennsylvania should also consult with their suppliers and logistics partners to understand whether they will be affected and what certification timelines to expect.
Source: Pennsylvania Senate Bill 146, Section 1322(A), page 25.