Pennsylvania Act 2002-190 — AGRICULTURE CODE (3 PA.C.S.) - AMEND CERVIDAE LIVESTOCK OPERATIONS, INDEMNIFICATION, DEPOPULATION INCENTIVE, FOOD EMPLOYEE CERTIFICATION ADVISORY BOARD MEMBERSHIP AND DUTIES AND EMPLOYEE CERTIFICATION

Act text

AGRICULTURE CODE (3 PA.C.S.) - AMEND CERVIDAE LIVESTOCK OPERATIONS,
   INDEMNIFICATION, DEPOPULATION INCENTIVE, FOOD EMPLOYEE CERTIFICATION
     ADVISORY BOARD MEMBERSHIP AND DUTIES AND EMPLOYEE CERTIFICATION
                 Act of Dec. 9, 2002, P.L. 1495, No. 190              Cl. 03
                             Session of 2002
                               No. 2002-190

     HB 2842

                                  AN ACT

     Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
        Statutes, further providing for definitions, for
        indemnification, for depopulation incentive, for membership
        and duties of the Food Employee Certification Advisory Board
        and for certification of employees; and providing for
        Cervidae livestock operations.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 2303 of Title 3 of the Pennsylvania
     Consolidated Statutes is amended by adding definitions to read:
      § 2303.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Cervidae livestock operation."  A farm operation which:
            (1)  contains behind fences privately owned members of
        the genus and species cervus elaphus involved in the
        production, growing, breeding, using, harvesting,
        transporting, exporting, importing or marketing of Cervidae
        species or Cervidae products; and
            (2)  does not allow captive bred or captive held Cervidae
        species to be harvested through hunting anywhere on the farm
        operation.
        "Cleanup costs."  The costs of indemnification for cleaning,
     disinfecting or sanitizing domestic animals, domestic animal
     products, equipment, facilities, buildings and other articles,
     including all other costs reasonably related to cleanup, when
     these costs are incurred either:
            (1)  as required by a quarantine order issued by the
        department under authority of this chapter; or
            (2)  as part of an agreement pursuant to which the
        department is paying a depopulation incentive under authority
        of this chapter.
        * * *
        "Disposal costs."  The costs of indemnification for disposing
     of domestic animals, domestic animal products, equipment and
     other articles, including the cost of transportation for
     disposal and all other costs reasonably related to disposal,
     when these costs are incurred either:
            (1)  as required by a quarantine order issued by the
        department under authority of this chapter; or
            (2)  as part of an agreement pursuant to which the
        department is paying a depopulation incentive under authority
        of this chapter.
        * * *
        Section 2.  Section 2331(a) and (c) of Title 3 are amended
     and the section is amended by adding a subsection to read:
      § 2331.  Indemnification.
        (a)  In general.--Whenever a condemned domestic animal,
     domestic animal product or other condemned property is
     slaughtered or destroyed by order of the department to eradicate
     or prevent the spread of dangerous transmissible disease or
     contamination by a hazardous substance, the department may
     compensate the owner of such domestic animal, domestic animal
     product or other condemned property for a portion of the
     appraised value of the domestic animal or property and may
     compensate a person for cleanup costs and disposal costs or a
     portion thereof, provided that such compensation is made in
     accordance with this section. Notwithstanding the definition of
     "owner" set forth in section 2303 (relating to definitions),
     indemnification payments and payments of cleanup costs and
     disposal costs made under this section shall be made only to
     those persons who have an actual ownership interest in the
     domestic animal or other property that is the subject of the
     indemnification payment.
        * * *
        (b.1)  Cleanup costs and disposal costs--
            (1)  The department may pay cleanup costs and disposal
        costs incurred on or after October 1, 2001, but prior to the
        effective date of this subsection if the cleanup and disposal
        activities generating the costs are agreed upon in writing
        between the department and the person incurring the costs.
            (2)  The department may pay cleanup costs and disposal
        costs incurred on or after the effective date of this
        subsection if the cleanup and disposal activities generating
        the costs are agreed upon in writing between the department
        and the person incurring the costs in advance of the
        performance of the activities.
            (3)  The amount of cleanup costs and disposal costs which
        the department may pay under this section shall be limited by
        the availability of funds for this purpose.
        (c)  Forfeiture.--A person shall not be eligible for any
     indemnity payment [or], depopulation incentive payment, cleanup
     cost payment or disposal cost payment under this chapter for any
     domestic animal, group of domestic animals, domestic animal
     product or other article if such person has been determined by
     the department to have committed a violation of any provision of
     this chapter or order, rule or regulation adopted under
     authority of this chapter that has resulted in the condemnation
     for which indemnity would be paid. A person shall not be
     eligible for any indemnity payment [or], depopulation incentive
     payment, cleanup cost payment or disposal cost payment with
     respect to any domestic animal or group of domestic animals
     having a condition of disease or contamination which the
     department has determined to have been directly caused by the
     person's willful misuse of a pesticide or a hazardous substance.
        * * *
        Section 3.  Section 2332(a) of Title 3 is amended to read:
      § 2332.  Depopulation incentive.
        (a)  Generally.--If a domestic animal, domestic animal
     product or other property has not been condemned under authority
     of this chapter, the department shall have the discretion to pay
     to the owner of any domestic animal or other property a sum
     which shall not exceed 33% of the appraised value of that
     domestic animal or other property and may compensate a person
     for cleanup costs and disposal costs or a portion thereof in
     consideration of that owner or other authorized person
     voluntarily slaughtering or destroying that domestic animal or
     other property and implementing cleanup and disposal measures in
     accordance with this chapter and with the prior agreement of the
     department. This discretion may be exercised only upon the
     department's determination that the destruction and disposal of
     the domestic animal or other property serves to protect public
     health, the safety or quality of the food supply or the economic
     well-being of domestic animal industries. Payment of a
     depopulation incentive under this section is limited by the
     availability of funds for this purpose.
        * * *
        Section 4.  Chapter 23 of Title 3 is amended by adding a
     subchapter to read:
                              SUBCHAPTER G.1
                      CERVIDAE LIVESTOCK OPERATIONS
     Sec.
     2380.  Definitions.
     2380.1.  License required.
     2380.2.  Application.
     2380.3.  Issuance.
     2380.4.  Renewal.
     2380.5.  Keeping and handling of cervids.
     2380.6.  Periodic inspections.
     2380.7.  Violations by licensees.
     2380.8.  Game and Wildlife Code.
      § 2380.  Definitions.
        The following words and phrases when used in this subchapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Applicant."  A person applying for a license.
        "License."  A license issued by the Department of Agriculture
     to operate Cervidae livestock operation.
        "Licensee."  A person that holds a license.
      § 2380.1.  License required.
        A person may not operate a Cervidae livestock operation
     within this Commonwealth unless the person has a license. A
     separate license is required for each Cervidae livestock
     operation.
      § 2380.2.  Application.
        An application for licensure, including license renewal, must
     be made on a form prescribed by the department.
      § 2380.3.  Issuance.
        The department shall issue a license if it determines, after
     inspection of the premises and investigation of the applicant,
     all of the following:
            (1)  The premises, including fences, buildings, equipment
        and sanitary conditions, comply with this subchapter and
        regulations of the department under this subchapter.
            (2)  The applicant can conduct a Cervidae livestock
        operation in compliance with this subchapter and regulations
        of the department under this subchapter.
      § 2380.4.  Renewal.
        A license is valid for a period of one year. A license may be
     renewed upon application if the department determines all of the
     following:
            (1)  The licensee has not been cited for a violation of
        this subchapter or a regulation of the department under this
        subchapter.
            (2)  There is no reason to believe that the licensee
        cannot conduct a Cervidae livestock operation in compliance
        with this subchapter and regulations of the department under
        this subchapter.
      § 2380.5.  Keeping and handling of cervids.
        (a)  Pens, shelters and enclosures.--The department shall
     adopt regulations concerning the type and size of pens, shelters
     and enclosures used for Cervidae livestock operations.
     Regulations shall ensure that pens, shelters or enclosures used
     to hold cervids are no less than ten feet from the ground to the
     top, provide for the health and comfort of the cervids and be
     designed to protect the public, confine the cervids and exclude
     the entity of wild cervids.
        (b)  Marking cervids contained at Cervidae livestock
     operations.--A person may not transfer possession of a cervid
     unless that cervid is marked by both of the following:
            (1)  At least one permanent unique identifier, such as a
        legible tattoo, United States Department of Agriculture
        (USDA) approved ear tag, breed registration or other
        department-approved identification method. If a microchip is
        used, the cervid owner must provide the necessary reader.
            (2)  At least one temporary identifier.
        (c)  Live Cervidae.--On delivery of a live cervid the
     Cervidae livestock operation shall prepare and deliver to the
     shipper, purchaser or consignee a receipt, detailed invoice or
     consignment document including the date, name and address of
     purchaser or person to whom sold or consigned, the quantity, sex
     and species of the cervid and the name and address of the
     Cervidae livestock operation.
        (d)  Dead Cervidae.--Prior to delivery and removal from the
     Cervidae livestock operation premises, the Cervidae livestock
     operation shall place the dead cervid or part of a cervid in a
     package or container or shall attach a label to it. The package,
     container or label shall have printed upon it the name, address
     and telephone number of the Cervidae livestock operation who
     produced the cervid. The Cervidae livestock operation shall also
     issue a receipt, detailed invoice or consignment document
     including the date of shipment or sale, the name of the shipper,
     purchaser or consignee, the quantity and sex and species of the
     cervid so shipped or sold and the name and address and permit
     number of the Cervidae livestock operation, shipping, consigning
     or selling cervids. A dead cervid produced under the authority
     of the Cervidae livestock operation may not be removed from its
     package or container or have removed from it the label provided
     for in this subsection until final consumption or disposal.
        (e)  Receipt for shipping cervids.--Each shipment of cervids
     living or dead or parts of cervids raised or held on a Cervidae
     livestock operation shall be accompanied by a receipt, detailed
     invoice or consignment document issued by the Cervidae livestock
     operation describing the shipment and stating the origin of the
     shipment, date, what is being shipped, destination and any other
     information required by the department. The receipt, detailed
     invoice or consignment document shall be available for
     examination during normal business hours until the shipment
     reaches its final destination, at which time it becomes part of
     the consignee's record. The consignee's record shall be retained
     for three years.
        (f)  Records.--A Cervidae livestock operation shall maintain
     records of acquisitions and disposals of cervids as well as
     cervids born and slaughtered on the premises. Records shall be
     in ink, written in English, and include the full name and
     address of the person with whom a transaction is conducted.
     Records shall be available for inspection at reasonable hours.
     Entries shall be made on the day of transaction. The records
     shall be kept for three years and shall be the basis of any
     reports required by the department.
        (g)  Importation.--Before importing a cervid, the licensee
     must first obtain an importation permit from the department. An
     application for an importation permit must state the name and
     address of the applicant, name and address of the person
     supplying the cervid, common and scientific name and number of
     cervids to be covered by the permit, purpose for which the
     cervid is being imported, qualifications of the applicant to use
     the cervid for the stated purpose and the location where the
     cervid will be housed or retained. The application must be
     received by the department at least ten days prior to the
     proposed import date. If the cervid is to be purchased at
     auction, the name and address of the person supplying the cervid
     and number of cervids purchased shall be reported to the
     department by telephone, fax or electronic means on the date of
     purchase. The permittee must receive a confirmation number
     before the animal is imported. A copy of the completed permit
     shall be forwarded to the permittee.
      § 2380.6.  Periodic inspections.
        During regular business hours, the department is authorized
     to inspect the premises of a licensee for compliance with this
     subchapter and regulations under this subchapter.
      § 2380.7.  Violations by licensees.
        (a)  Notice.--The department must provide a licensee with
     written notice of a violation of this subchapter or a regulation
     under this subchapter. The notice must provide a time period
     within which to correct the violation.
        (b)  Sanctions.--
            (1)  If the licensee does not correct a violation
        specified in a notice under subsection (a) within the
        specified time period, the department may take the following
        actions:
                (i)  Suspend the license.
                (ii)  Revoke the license.
                (iii)  Seek enforcement under section 2383 (relating
            to enforcement and penalties).
            (2)  Paragraph (1)(i) and (ii) are subject to 2 Pa.C.S.
        Chs. 5 Subch. A (relating to practice and procedure of
        Commonwealth agencies) and 7 Subch. A (relating to judicial
        review of Commonwealth agency action).
      § 2380.8.  Game and Wildlife Code.
        This subchapter supersedes any contrary provision in 34
     Pa.C.S. (relating to game).
        Section 5.  Section 6503(a) of Title 3 is amended and the
     section is amended by adding a subsection to read:
      § 6503.  Certification advisory board and programs.
        (a)  Members of board.--The secretary shall appoint persons
     to serve as members of the Food Employee Certification Advisory
     Board. Representatives shall be selected to represent the
     following groups for a term of two, three or four years to be
     determined by the secretary:
            (1)  The chairman and minority chairman of the
        Agricultural and Rural Affairs Committee of the Senate or
        their designees and the chairman and minority chairman of the
        Agricultural and Rural Affairs Committee of the House of
        Representatives or their designees.
            (2)  A consumer representative.
            (3)  The Secretary of Agriculture or the secretary's
        designee.
            (4)  Two representatives of production agriculture.
            (5)  Representatives, including at least one person
        recommended by each of the following: Pennsylvania
        Association of Milk Dealers, Pennsylvania Restaurant
        Association, Pennsylvania Food Merchants Association,
        Pennsylvania Convenience Store Council, Pennsylvania Bakers
        Association, Pennsylvania Food Processors Association,
        National Federation of Independent Businesses, Pennsylvania
        Petroleum Marketers & Convenience Store Association, Local
        1776 UFCW, Pennsylvania Retailers Association, the Licensed
        Beverage Association, Pennsylvania Tourism and Lodging
        Association, Associated Petroleum Industries, Pennsylvania
        Veterinary Medical Association, County Commissioners
        Association of Pennsylvania, Pennsylvania League of Cities
        and Municipalities, Pennsylvania State Association of
        Boroughs, Pennsylvania State Association of Township
        Commissioners, Pennsylvania State Association of Township
        Supervisors and Pennsylvania School Food Service Association.
        At least one representative shall have experience in the
        field of public health.
        * * *
        (c.1)  Other duties.--For the purpose of complying with the
     requirements of section 6504(g)(1), the secretary shall convene
     a meeting of the advisory board no later than March 1, 2003.
        * * *
        Section 6.  Section 6504(c) and (g) of Title 3 are amended to
     read:
      § 6504.  Certification of employees.
        * * *
        (c)  Compliance.--
            [(1)  Compliance with this chapter by a food
        establishment shall be optional until July 1, 2003. Section
        6503(e) (relating to certification advisory board and
        programs) shall not apply to a food establishment prior to
        July 1, 2003, unless that food establishment complies with
        this chapter. On or after July 1, 2003, compliance with this
        chapter by a food establishment shall be mandatory unless a
        resolution to the contrary has been adopted prior to December
        1, 2002, in accordance with this subsection. The President
        pro tempore of the Senate and the Speaker of the House of
        Representatives shall cause to be placed on their respective
        calendars for the first legislative day after November 1,
        2002, the question, in the form of a resolution, of whether
        the food employee certification program shall remain optional
        for food employees of food establishments in this
        Commonwealth. If a majority of the members elected to each
        house approve such a resolution, the resolution shall be
        presented to the Governor for approval or disapproval in
        accordance with section 9 of Article III of the Constitution
        of Pennsylvania.]
            (2)  A food establishment exempt under section 6510(d)
        (relating to exemptions) may voluntarily seek certification
        under this section.
            (3)  Except as provided in section 6510, compliance with
        this chapter by a food establishment shall be mandatory by
        July 1, 2004. Section 6503(e) (relating to certification
        advisory board and programs) shall not apply to any food
        establishment prior to July 1, 2004, unless that food
        establishment complies with this chapter.
        * * *
        (g)  Training program.--
            (1)  Training programs to prepare candidates for
        certification examinations and the administration of the
        examination shall be made available throughout this
        Commonwealth through cooperation with industry and others and
        approved by the department. In order to meet the requirements
        of this paragraph, the department shall promulgate
        regulations with the approval of the board no later than July
        1, 2004, which establish training programs providing for the
        following considerations which include:
                (i)  The existence and operation of a department-
            approved employee training program on safe food handling
            conducted by the food establishment.
                (ii)  The limited handling of potentially hazardous
            food.
                (iii)  The number of hours necessary to prepare
            employees for safe food handling due to the food
            establishment's scope of business.
                (iv)  The demonstration of satisfactory knowledge and
            proficiency in the safe handling of food as approved by
            the department.
            (2)  The department shall develop and administer a
        training program for food establishments voluntarily seeking
        certification under subsection (c)(2). The General Assembly
        may appropriate funds to offset the cost of the program for
        food establishments exempt under section 6510(d).
        Section 7.  The amendment of 3 Pa.C.S. §§ 2303, 2331 and 2332
     shall apply to cleanup costs and disposal costs incurred on or
     after October 1, 2001.
        Section 8.  Any action or the effect of any inaction by the
     General Assembly under 3 Pa.C.S. § 6504(c)(1) prior to the
     effective date of this act shall be considered null and void.
        Section 9.  This act shall take effect as follows:
            (1)  The addition of 3 Pa.C.S. § 2380.1 shall take effect
        in 120 days.
            (2)  The remainder of this act shall take effect
        immediately.

     APPROVED--The 9th day of December, A. D. 2002.

     MARK S. SCHWEIKER