act-2006-0-51•Pennsylvania Act 2006-51 — AGRICULTURE CODE (3 PA.C.S.) - REGULATION OF CERVIDAE LIVESTOCK OPERATIONS
Pennsylvania Act 2006-51 — AGRICULTURE CODE (3 PA.C.S.) - REGULATION OF CERVIDAE LIVESTOCK OPERATIONS
act-2006-0-512006 Pa. Act 51Law
Act text
AGRICULTURE CODE (3 PA.C.S.) - REGULATION OF CERVIDAE LIVESTOCK
OPERATIONS
Act of Jun. 29, 2006, P.L. 206, No. 51 Cl. 03
Session of 2006
No. 2006-51
HB 1580
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, further providing for the regulation of Cervidae
livestock operations.
The General Assembly finds and declares as follows:
A Cervidae livestock operation is a normal agricultural
operation of this Commonwealth. Cervidae livestock facilities
and their equipment are considered to be agricultural
facilities and equipment. Uses related to the farming and
harvesting of cervids are to be considered agricultural uses
regulated by the department.
The Secretary of Agriculture shall assure that Cervidae
livestock operations are afforded all rights, privileges,
opportunities and responsibilities of normal agricultural
operations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "Cervidae livestock operation"
in section 2303 of Title 3 of the Pennsylvania Consolidated
Statutes is amended 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.]
* * *
Section 2. The definition of "license" in section 2380.1 of
Title 3 is amended and the section is amended by adding
definitions to read:
§ 2380.1. 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:
* * *
"Cervid." Any member of the Cervidae family and any hybrid.
"Cervidae livestock family." Members of the Cervidae family
including deer, elk, moose, reindeer, caribou and hybrids of
these animals owned and maintained by a licensee under this
subchapter. The term also includes the germ plasm, embryos and
fertile ova of these animals.
"Cervidae livestock operation." A normal agricultural
operation which contains behind fences privately owned members
of the Cervidae livestock family involved in the production,
growing, breeding, using, harvesting, transporting, exporting,
importing or marketing of Cervidae species or Cervidae products.
The term does not include an animal slaughter facility regulated
under Subchapter F (relating to slaughter and processing of
domestic animals) or a menagerie permitted under section 2964
(relating to menagerie permits).
"Harvesting." Any lethal or nonlethal means of collecting
cervids or products from cervids on Cervidae livestock
operations.
"License." A license issued by the Department of Agriculture
to operate a Cervidae livestock operation.
* * *
"Normal agricultural operation." As defined under section 2
of the act of June 10, 1982 (P.L.454, No.133), entitled "An Act
protecting agricultural operations from nuisance suits and
ordinances under certain circumstances."
Section 3. Sections 2380.4, 2380.5, 2380.6(a), (c) and (d)
and 2380.9 of Title 3 are amended to read:
§ 2380.4. Issuance.
[The] (a) Inspection.--The department shall inspect the
premises of and investigate each applicant. An inspection under
this subsection may be made by the department or an agent of the
department, including a licensed doctor of veterinary medicine
accredited by the department.
(b) Issuance.--Subject to subsection (c)(3), 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] is able to conduct a Cervidae
livestock operation in compliance with this subchapter and
regulations of the department under this subchapter.
(c) Provisional license.--
(1) A Cervidae livestock operation which is in operation
on the effective date of this subsection but which was not,
prior to the effective date of this subsection, subject to
licensure shall be granted a provisional license.
(2) Within one year of the effective date of this
subsection, the department shall, for each provisional
licensee:
(i) perform the investigation and inspection under
this section; and
(ii) either issue a license or deny the application.
(3) If the department does not comply with the time
requirement under paragraph (2) for a license application by
a provisional licensee, a license shall be deemed to be
issued.
§ 2380.5. [Renewal] Term; renewal.
(a) Term.--A license is valid for a period of [one year.]
two years from the date of:
(1) issuance under section 2380.4(b) (relating to
issuance);
(2) deemed issuance under section 2380.4(c)(3); or
(3) renewal under subsection (b).
(b) Renewal.--A license [may] shall 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] is unable to conduct a Cervidae livestock operation
in compliance with this subchapter and regulations of the
department under this subchapter.
§ 2380.6. 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] all of the following apply:
(1) The fenced enclosure surrounds the outside perimeter
of the operation and is designed to protect the public and
confine the privately owned cervids. Regulations under this
paragraph may require a fence height of not greater than ten
feet from the ground to the top[,].
(2) The premises is adequate to 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].
* * *
(c) Live Cervidae.--Cervids may be brought onto the premises
through interstate or intrastate commerce and may be removed
from the premises or relocated to another premises in a manner
consistent with this chapter and regulations promulgated by the
department. 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.--Cervids and cervid products may be
removed from the premises or relocated to another premises in a
manner consistent with this chapter and regulations promulgated
by the department. 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]
license 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.
* * *
§ 2380.9. Game and Wildlife Code and regulations.
[This subchapter supersedes any contrary provision in 34
Pa.C.S. (relating to game).] (a) Code.--The provisions of 34
Pa.C.S. (relating to game) are repealed insofar as they are
inconsistent with this subchapter.
(b) Regulations.--
(1) The provisions of 58 Pa. Code Pt. III (relating to
Game Commission) are abrogated insofar as they are
inconsistent with this subchapter.
(2) Notwithstanding any other provision of law, the
Pennsylvania Game Commission has no authority to promulgate
regulations on Cervidae livestock operations.
Section 4. This act shall take effect in 60 days.
APPROVED--The 29th day of June, A. D. 2006.
EDWARD G. RENDELL
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