Act 38 Law and Regulations

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Pennsylvania's current nutrient management law, commonly known as "Act 38" was signed into law on July 6, 2005 as part of the Agriculture, Communities, and Rural Environment (ACRE) policy initiative. Act 38 replaced Act 6, Pennsylvania's first nutrient management law, passed in May 1993. The Act 6 regulations went into effect October 1, 1997.

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The regulations for Act 38, Pennsylvania's current nutrient management law, went into effect October 1, 2006 replacing the previous Act 6 regulations.

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Reviews how to calculate the animal density of an agricultural operation to determine if it is a Concentrated Animal Operation (CAO) and thereby required to develop and implement an Act 38 nutrient management plan.

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Act 38 provides for a certification program to certify that individuals have demonstrated the competency necessary to develop or review Act 38 nutrient management plans. The nutrient management certification regulations were developed to carry out this program.

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In addition to Act 38, there are other agricultural regulatory programs affecting Pennsylvania farms. This factsheet summarizes these programs and outlines their objectives and differences.