act-1996-0-100•Pennsylvania Act 1996-100 — AGRICULTURE CODE (3 PA.C.S.) - AMEND DOMESTIC ANIMALS
Pennsylvania Act 1996-100 — AGRICULTURE CODE (3 PA.C.S.) - AMEND DOMESTIC ANIMALS
act-1996-0-1001996 Pa. Act 100Law
Act text part 1
AGRICULTURE CODE (3 PA.C.S.) - AMEND DOMESTIC ANIMALS
Act of Jul. 11, 1996, P.L. 561, No. 100 Cl. 03
Session of 1996
No. 1996-100
SB 1432
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, adding provisions relating to domestic animals;
providing for the protection and assurance of animal health;
providing for the safety and quality of foods of animal
origin; providing for the prevention and control of animal
diseases that may threaten human health; providing for
research, diagnostic and epidemiologic investigation of
animal diseases; providing for indemnification of industry
losses stemming from Department of Agriculture regulatory
action; providing for the promotion of desirable management
practices for production, keeping and use of domestic
animals; imposing penalties; providing for remedies; imposing
powers and duties on the Department of Agriculture; and
making repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding a chapter to read:
CHAPTER 23
DOMESTIC ANIMALS
Subchapter
A. General Provisions
B. Identification of Domestic Animals
C. Detection, Containment or Eradication of Certain Diseases
D. Dealers, Agents and Haulers of Domestic Animals or
Dead Domestic Animals
E. Disposal of Dead Domestic Animals and Animal Waste
F. Slaughter and Processing of Domestic Animals
G. Garbage Feeding Business
H. Administrative Provisions
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
2301. Short title.
2302. Finding, policy and purpose.
2303. Definitions.
2304. Diagnostic services and research.
2305. Keeping and handling of domestic animals.
§ 2301. Short title.
This chapter shall be known and may be cited as the Domestic
Animal Law.
§ 2302. Finding, policy and purpose.
The General Assembly finds that animal health is of major
economic interest in this Commonwealth. It is the declared
policy of the Commonwealth to assure the health and welfare of
animals kept in captivity, to prevent and control diseases and
dangerous substances that may threaten the safety of animals and
humans and to provide for desirable management practices for the
production, keeping and use of domestic animals. It is the
purpose of this chapter to give the department authority to
implement this policy.
§ 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:
"Agent." A person, firm, association, partnership or
corporation buying or receiving or soliciting or negotiating the
sale of domestic animals for or on behalf of any dealer or
transporting domestic animals on behalf of any hauler.
"Animal." A living nonhuman organism having sensation and
the power of voluntary movement and requiring for its existence
oxygen and organic food.
"Animal waste." Superfluous material emanating from domestic
animal production or keeping, including, but not limited to,
excrement, offal, eggs, milk, placenta, fetuses, feathers, hair,
wool, blood and animal parts which are not intended or suitable
for inclusion in the food chain without special processing.
"Appraised value." The current value of a domestic animal at
the time of appraisal, determined by current market values, age
of animal, physical condition, condition as to disease, nature
and extent of disease, breeding value, milk production value,
salvage value and any other factors which might affect value.
"Area" or "locality." A geographical district or portion or
group thereof.
"Article" or "property." Any goods, products, containers or
materials which are found on the premises where a domestic
animal is or has been kept or which are used to hold, contain or
transport a domestic animal.
"Brand." A permanent identification mark made on the hide of
a live animal by dehydrating the superficial and deep layers of
skin by heat, cold, electric current or another method approved
by the Department of Agriculture.
"Compost." The biological digestion of dead domestic
animals, animal waste or other biodegradable materials.
"Condemned." The status of a domestic animal, domestic
animal product, conveyance or other article that has been
determined by the Department of Agriculture as having been
exposed to a dangerous transmissible disease or a hazardous
substance such that destruction of the domestic animal, domestic
animal product, conveyance or other article is necessary to
prevent the spread of such disease or contamination, and that is
subject to a quarantine order issued under this chapter.
"Conveyance." An automobile, truck, trailer, wagon or other
vehicle used in the transportation of live or dead domestic
animals, animal waste or domestic animal products or by-products
upon the highways of this Commonwealth.
"Dangerous transmissible disease." A transmissible disease
of domestic animals that has been designated by this chapter or
by order of the Department of Agriculture as presenting a danger
to public health, to domestic animal health, to the safety or
quality of the food supply or to the economic well-being of the
domestic animal industries. This term shall be construed to mean
and include the disease agent.
"Dead domestic animal disposal plant." A facility where the
body or parts of the body of a dead domestic animal is received
and processed for the purpose of salvaging useful material,
including, but not limited to, hides, bones, fat and proteins.
"Dealer." A person that buys, receives, sells, exchanges,
negotiates or solicits the sale, resale, exchange or transfer of
domestic animals or dead domestic animals for the purpose of
transfer of ownership or possession to a third party.
"Depopulation incentive." Payment to the owner for a portion
of the appraised value of any domestic animal or other property
which is voluntarily slaughtered or destroyed with the prior
agreement of the Department of Agriculture and in accordance
with this chapter, upon the Department of Agriculture's
determination that such action serves to protect public health,
the safety or quality of the food supply or the economic well-
being of the domestic animal industry. A depopulation incentive
may be paid only in situations where the domestic animal or
other property has not been condemned.
"Disease." Any deviation from or interruption of the normal
structure of any part, organ or system of the body of a living
domestic animal.
"Domestic animal." An animal maintained in captivity. The
term also includes the germ plasm, embryos and fertile ova of
such animals.
"Domestic animal feed." Any substance or mixture which is
intended for use as food for domestic animals and which is
intended for use as a substantial source of nutrients in the
diet of domestic animals and is not limited to a substance or
mixture intended to be the sole ration of the domestic animal.
"Domestic animal product." A part of a domestic animal or
any food, material or article containing any part of a domestic
animal.
"Exotic disease." A disease which is not or is no longer
native or indigenous to the United States, including those
diseases so designated by the United States Department of
Agriculture.
"Garbage." All waste material resulting from the handling,
preparation, cooking or consumption of food, except that the
term shall not include waste from ordinary household operations
which is fed directly to domestic animals on the same premises
where the household is located. The term also does not include
any waste or residuals from food processing operations.
"General quarantine." A quarantine order published in at
least one newspaper that restricts the movement of animals and
materials, including conveyance into, within or from a
designated area or locality.
"Group of domestic animals." Those domestic animals that are
maintained on common ground for any purpose or two or more
geographically separated concentrations of domestic animals
which have an interchange or movement of animals or articles
that may carry dangerous transmissible disease or contamination
without regard to health status.
"Hauler." A person responsible for the transportation of
domestic animals or dead domestic animals into, within or from
this Commonwealth, but the term shall not be construed to mean
any of the following:
(1) A person who transports a domestic animal which he
owns or raises under contract on behalf of a third party
between farms which that person owns or operates.
(2) A person who transports a domestic animal from a
farm which he owns or operates to a location where ownership
or possession is to be transferred to another.
(3) A person who transports a domestic animal which he
has purchased or taken possession of at another location from
the point of purchase or possession to a farm which that
person owns or operates.
(4) A person who transports a domestic animal which he
owns or raises under contract on behalf of a third party to
and from places of exhibition.
(5) A person who transports a domestic animal which he
owns or raises under contract on behalf of a third party to a
slaughter or processing facility.
"Hazardous substance." Any element, compound or material
which threatens the health of domestic animals or humans.
"Heritable disease." A domestic animal disease resulting
from an inherited flaw in tissue, organ or other body structure.
"Humane method of slaughter." Either:
(1) a method of rendering a domestic animal insensible
to pain by mechanical, electrical, chemical or other means
that is rapid and effective before being handled for
slaughter; or
(2) a method of ritual slaughter.
"Incineration." The reduction of domestic animals or
articles to ashes by burning at temperatures and for durations
sufficient to render the material noninfectious.
"Indemnity." Payment to the owner for a portion of the
appraised value of condemned domestic animals, domestic animal
products and other condemned articles that are slaughtered or
destroyed by order of the Department of Agriculture to eradicate
or prevent the spread of dangerous transmissible disease or the
spread of contamination by a hazardous substance.
"Interstate" or "international quarantine." An order of
quarantine issued by the Department of Agriculture which may
cover any domestic animal or class of domestic animals, or
conveyances, goods, products, materials or articles, regulating
or forbidding their entry into this Commonwealth from another
state, territory of the United States or foreign country.
"Market value." The current worth of a domestic animal,
domestic animal product or other article in markets where such
animals, products and other articles are commonly bought and
sold.
"Metabolic disease." A domestic animal disease resulting
from a physiological dysfunction of an animal tissue or organ.
"Neoplastic disease." A domestic animal disease resulting
from an uncontrolled and progressive abnormal growth of tissue.
"Owner." A person owning, possessing or harboring any
domestic animal. The term shall also include any person who
allows a domestic animal habitually to remain about the premises
inhabited, managed or owned by such person.
"Packer." A person engaged in the business of slaughtering,
manufacturing or preparing meat, meat products or domestic
animal products for sale, whether by such person or others.
"Premises." A definite portion of real estate; land with its
appurtenances, including any structure erected thereon; and any
vehicle or vessel used in transporting passengers, goods,
domestic animals or domestic animal products by land, air or by
water. As used in this chapter, the term shall be taken in its
widest sense.
"Quarantine." Restrictions upon the use, movement or other
disposition of domestic animals, domestic animal products,
equipment, facilities, vehicles, buildings and other articles
required to eradicate, contain or otherwise control a dangerous
transmissible disease or to control or prevent contamination by
hazardous substances.
"Rendering." The cooking or heating of dead domestic animals
or parts of such dead animals until all such cooked or heated
material is incapable of transmitting dangerous transmissible
disease.
"Ritual slaughter." A humane method of slaughter which is in
accordance with the ritual requirements of the Jewish faith or
any other religious faith whereby the domestic animal suffers a
loss of consciousness by anoxia or hypoxia of the brain caused
by the simultaneous and instantaneous severance of the carotid
arteries with a sharp instrument.
"Salvage." The net proceeds an owner of a domestic animal
realizes from the sale of the live domestic animal or the
carcass, hide and offal.
"Slaughter." The killing and processing of domestic animals
for food production purposes.
"Slaughterer." A person regularly engaged in the commercial
slaughter of domestic animals.
"Special quarantine." An order of quarantine issued by the
Department of Agriculture covering a single premises or a single
domestic animal or any number of domestic animals when confined
or contained in or on the same premises and any conveyances,
goods, products, materials, containers or articles which may
carry disease or contamination by a hazardous substance.
"Stockyard." A place, establishment or facility owned or
operated by a domestic animal dealer, consisting of pens or
other enclosures and their appurtenances for the handling,
keeping or holding of domestic animals for the purpose of sale
or shipment.
"Tattoo." A permanent identification mark made on the hide
of a live domestic animal by inserting pigment into the deep
layers of the skin.
"Transmissible disease." A disease of a domestic animal
which can be transferred, reproduced or established in a
domestic animal or human by direct or indirect means.
"USDA-APHIS-VS." The United States Department of
Agriculture, Animal Plant Health Inspection Service, Veterinary
Services.
§ 2304. Diagnostic services and research.
The department may establish, maintain or fund, to the extent
that funding is available, such domestic animal disease
diagnostic services and research activities as are required to
prevent, suppress, control and eradicate transmissible diseases
of domestic animals, to protect the safety, quality and
sufficiency of the human food supply and to provide domestic
animal producers information necessary for efficient production
and maintenance of healthy domestic animals.
§ 2305. Keeping and handling of domestic animals.
The department shall have authority to regulate the keeping
and handling of domestic animals to exclude or contain dangerous
transmissible diseases and hazardous substances and to protect
the environment. Nothing in this section shall be construed to
authorize the department to require vaccination of any animal to
prevent or control rabies whenever that animal is exempt from
vaccination under the act of December 15, 1986 (P.L.1610,
No.181), known as the Rabies Prevention and Control in Domestic
Animals and Wildlife Act.
SUBCHAPTER B
IDENTIFICATION OF DOMESTIC ANIMALS
Sec.
2311. General authority.
2312. Adoption of form of identification.
2313. Certified copies.
2314. Brand, tattoo or other form of identification as proof
of ownership.
2315. Disputes in custody or ownership.
2316. Sale or assignment of form of identification.
2317. Violations and penalty.
2318. Fees and forfeiture.
§ 2311. General authority.
The department shall have authority to impose requirements
and methods for the identification of domestic animals owned,
kept, possessed or transported within this Commonwealth. The
department shall authorize and record the adoption and exclusive
use of unique identification marks, numbers or devices,
including distinctive branding marks, tattoos, microchips and
other forms of identification that are affixed upon domestic
animals, and shall maintain a registry of such forms of
identification. The department may establish through regulations
fees for the assignment, registry and exclusive use of forms of
identification registered under this subchapter. Any regulations
developed under this section shall not conflict with Federal
regulations regarding the identification of domestic animals.
§ 2312. Adoption of form of identification.
(a) General authority.--A domestic animal owner may adopt a
brand, tattoo or other form of identification with which to
identify domestic animals owned by such person through the
procedure set forth in this subchapter. A form of identification
recorded in compliance with this subchapter shall be considered
the personal property of the person who records it. Such person
shall have the exclusive right to use this form of
identification within this Commonwealth.
(b) Application, facsimile and fee.--A person desiring to
adopt a form of identification shall submit an application form,
a facsimile of the form of identification and a recording fee of
$25 to the department. The department shall provide the
application form upon request. This fee may be changed by the
department through regulations.
(c) Provisional filing.--It shall be the duty of the
department to file all forms of identification offered for
recording, keeping account of the date and chronological order
of receipt, pending the review and examination provided for in
subsection (d). If the form of identification is subsequently
accepted for recording, ownership of the form of identification
shall vest from the date of filing.
(d) Review.--The department shall have the power to examine,
approve, accept or reject an application to record a brand,
tattoo or other form of identification. Following receipt of the
required application, facsimile and fee, the department shall,
as promptly as possible, determine whether the form of
identification is of record as that of some other person and
whether the form of identification conflicts with or closely
resembles that of another person. If neither of these conditions
exist, the department shall record the form of identification.
If either or both of these conditions exist, the department
shall not record the form of identification, but shall instead
return the recording fee and facsimile to the applicant.
§ 2313. Certified copies.
(a) Issuance.--If a form of identification is recorded, the
department shall furnish its owner with two certified copies of
the record of the form of identification. Upon receipt of
written evidence of the sale, assignment or transfer of a form
of identification, the department shall furnish the new owner
with two certified copies of the record of the form of
identification. Additional copies may be obtained by the payment
of $15 for each copy. This fee may be changed by the department
through regulations.
(b) Filing.--Within ten days of receiving the two certified
copies of the record of the form of identification, the owner of
the recorded form of identification shall file one of the
certified copies in the office of the county recorder of the
county where the owner's principal place of business is located
and one copy in each county where domestic animals bearing the
recorded form of identification are to be kept. If the form of
identification had a prior owner and the prior owner filed a
certified copy in any other county, the subsequent owner shall
file a certified copy in each county in which the previous owner
had filed.
§ 2314. Brand, tattoo or other form of identification as proof
of ownership.
In all suits at law or in equity or in any criminal
proceedings in which the title to domestic animals is an issue,
the certified copies recorded pursuant to section 2313 (relating
to certified copies) shall be prima facie evidence of the
ownership of the domestic animal by the person in whose name the
brand, tattoo or other form of identification is recorded.
§ 2315. Disputes in custody or ownership.
Disputes in custody or ownership of domestic animals that
bear brands, tattoos or other forms of identification shall be
investigated on request by the sheriff of the county where the
domestic animals are located. The sheriff may call upon the
services of a licensed veterinarian in reading the brands,
tattoos or other forms of identification on domestic animals.
The cost of the veterinarian's services shall be borne by the
person requesting the investigation. The results of the
sheriff's investigation shall be a public record and shall be
admissible in evidence.
§ 2316. Sale or assignment of form of identification.
Any form of identification recorded pursuant to this
subchapter shall be the property of the person causing such
record to be made and shall be subject to sale, assignment,
transfer, devise and descent as personal property. Instruments
of writing evidencing the sale, assignment or transfer of such
form of identification shall be recorded by the department. The
fee for recording such sale, assignment or transfer shall be $5.
This fee may be changed by the department through regulations.
§ 2317. Violations and penalty.
(a) Unauthorized brands.--It shall be unlawful for a person
to use any brand for the branding of domestic animals unless the
brand has been recorded pursuant to this subchapter or unless
the use of a brand or the branding procedure is authorized under
any other provision of this chapter.
(b) Affixing forms of identification by nonowners.--It shall
be unlawful for a person to affix, attempt to affix or cause to
be affixed a form of identification upon the domestic animal of
another without the owner's consent.
(c) Tampering.--It shall be unlawful for a person to efface,
deface or obliterate or attempt to efface, deface or obliterate
any brand, tattoo or other form of identification upon any
domestic animal belonging to another person. It shall be
unlawful for a person to efface, deface, obliterate, conceal,
remove or attempt to remove any official domestic animal
identification of the department, the United States Department
of Agriculture or any other state department of agriculture.
(d) Form of identification of another.--It shall be unlawful
for a person to affix, attempt to affix or cause to be affixed
upon any domestic animal the form of identification of another.
(e) Other false identification.--It shall be unlawful for
any person to place, attach or use on a domestic animal, or to
cause to be placed, attached or used on a domestic animal, or to
attempt to place, attach or use on a domestic animal, any form
of identification such as a brand, tattoo, tag, emblem, marking,
microchip or other identifying mark, number or device that such
person knows misrepresents the identity or health of the
domestic animal, with intent to interfere or deceive in the
identification, testing, vaccinating, selling, transfer or
slaughter of the domestic animal.
(f) Penalty.--Any person who is convicted of violating any
provision of this subchapter shall be guilty of a misdemeanor of
the second degree and may be imprisoned for not more than two
years and be fined not more than $5,000.
§ 2318. Fees and forfeiture.
An owner of a form of identification of record shall pay the
department a fee of $5 on January 1 of every fifth year from the
year in which the form of identification was recorded with the
department as that owner's property. This fee may be changed by
the department through regulations. The department shall give a
receipt for all such payments made. If an owner of a form of
identification of record should fail, refuse or neglect to pay
such fee by July 1 of any year in which it is due, such form of
identification shall become forfeited and no longer carried in
the record. Any such forfeited form of identification shall not
be issued to any other person within a period of less than ten
years following date of forfeiture.
SUBCHAPTER C
DETECTION, CONTAINMENT OR ERADICATION OF CERTAIN DISEASES
Sec.
2321. Dangerous transmissible diseases.
2322. Neoplastic diseases, metabolic diseases and heritable
diseases.
2323. Health requirements.
2324. Safety of domestic animal feed.
2325. Use of biologicals, antibiotics, genetic material,
chemicals, diagnostic agents and other substances.
2326. Sanitation.
2327. Disease surveillance and detection.
2328. Entry on premises.
2329. Quarantine.
2330. Condemnation.
2331. Indemnification.
2332. Depopulation incentive.
2333. Restriction on payment of indemnification and
depopulation incentive.
2334. Report on insurance or cost-sharing program.
2335. Contract growers.
§ 2321. Dangerous transmissible diseases.
(a) Specific dangerous transmissible diseases.--The
following transmissible diseases are dangerous transmissible
diseases within the meaning of this chapter:
(1) Actinomycosis, an infectious disease of cattle and
man caused by Actinomyces bovis.
(2) African horse sickness, an infectious disease of
horses caused by a reovirus (AHSV).
(3) African swine fever, an infectious disease of swine
caused by a virus (ASFV).
(4) Anaplasmosis, an infectious disease of cattle, deer
and camelids caused by Anaplasma marginale.
(5) Anthrax, an infectious disease of animals and man
caused by Bacillis anthracis.
(6) Avian influenza, an infectious disease of poultry
caused by Type A. influenza virus.
(7) Babesiosis (piroplasmosis), an infectious disease of
cattle, equidae, deer and bison caused by Babesia bigemina,
Babesia bovis, Babesia equi or Babesia coballi.
(8) Blackleg, an infectious disease of ruminants caused
by Clostridium chauvoei.
(9) Bluetongue, an infectious disease of cattle, sheep,
goats and cervidae caused by an orbivirus (BTV).
(10) Bovine spongiform encephalopathy (BSE), an
infectious disease of cattle caused by a protein-like agent.
(11) Bovine Virus Diarrhea - type 2, an infectious
disease of cattle caused by a virus (BVD).
(12) Brucellosis, an infectious disease of animals and
man caused by Brucella abortus, Brucella suis, Brucella
melitensis or Brucella ovis.
(13) Chlamydiosis (psittacosis), an infectious disease
of birds and man caused by Chlamydia psittaci.
(14) Chronic respiratory disease of poultry (CRD), an
infectious disease of poultry caused by Mycoplasma synoviae
or Mycoplasma gallisepticum.
(15) Contagious equine metritis (CEM), an infectious
disease of equine caused by Hemophilus equigenitalis.
(16) Contagious pleuropneumonia (CBPP), an infectious
disease of cattle caused by Mycoplasma mycoides.
(17) Dourine, an infectious disease of equines caused by
Trypanosoma equiperdum.
(18) Duck viral enteritis (DVE, duck plague), an
infectious disease of ducks caused by a herpes virus (DVEV).
(19) Epizootic hemorrhagic disease (EHD), an infectious
disease of cattle and deer caused by a virus (EHDV).
(20) Equine encephalitis, an infectious disease of
equines and man caused by an alphavirus: Venezuelan (VEE),
Western (WEE) or Eastern (EEE).
(21) Equine infectious anemia (EIA, swamp fever), an
infectious disease of equines caused by a virus (EIAV).
(22) Foot and mouth disease (FMD), an infectious disease
of cattle, sheep, goats, swine and deer caused by an
aphthovirus (FMDV).
(23) Glanders, an infectious disease of horses caused by
Pseudomonas mallei.
(24) Heartwater disease, an infectious disease of cattle
caused by a rickettsia, Cowdria ruminatum.
(25) Hog cholera, an infectious disease of swine caused
by a pestivirus (HCV).
(26) Listeriosis, an infectious disease of cattle, sheep
and man caused by Listeria monocytogenes.
(27) Malignant catarrhal fever (MCF), an infectious
disease of cattle caused by a virus (MCFV).
(28) Newcastle disease, an infectious disease of poultry
caused by a virus.
(29) Paratuberculosis (Johnes disease), an infectious
disease of cattle, sheep, goats and deer caused by
Mycobacterium paratuberculosis.
(30) Pseudorabies, an infectious disease of swine,
cattle, sheep, goats, dogs and cats caused by Herpesvirus
suis.
(31) Psoroptic mange, an infectious disease of cattle
and sheep caused by psoroptes mites.
(32) Rabies, an infectious disease of cattle, dogs,
cats, sheep, horses and man caused by a virus.
(33) Rift Valley fever, an infectious disease of sheep
caused by a virus (RVFV).
(34) Rinderpest, an infectious disease of ruminants and
swine caused by a mobillivirus (RDV).
(35) Salmonellosis, an infection of animals and man
caused by various Salmonella species: S. pullorum (poultry),
S. typhimurium (cattle, equine and man), S. dublin (cattle
and man), S. gallinarum (poultry) and S. cholerasuis (swine).
(36) Scrapie, an infectious disease of sheep and goats
caused by a virus-like agent.
(37) Screwworm (miasis), a wound infection of animals
and man caused by Cochliomyia hominivorax.
(38) Tuberculosis, an infectious disease of cattle,
bison, sheep, goats, swine, horses, cervidae, camelids and
man caused by Mycobacterium bovis, M. avium or M.
tuberculosis.
(39) Vesicular exanthema, an infectious disease of
swine, certain aquatic animals and man caused by a
calicivirus (VEV).
(40) Vesicular stomatitis, an infectious disease of
cattle, sheep and swine caused by a virus.
(b) Designation of additional dangerous transmissible
diseases through regulation.--The department shall have the
authority to promulgate regulations that designate other
transmissible diseases to be dangerous transmissible diseases
under this chapter if such other transmissible diseases present
a danger to public health, to domestic animal health, to the
safety or quality of the food supply or to the economic well-
being of the domestic animal industries. The department shall
also have the authority to withdraw the designation of a
particular transmissible disease as a dangerous transmissible
disease under this chapter if the transmissible disease no
longer presents a danger to public health, to domestic animal
health, to the safety or quality of the food supply or to the
economic well-being of the domestic animal industries.
(c) Department of Health; notification and consultation.--
The department shall inform the Department of Health of the
outbreak of a domestic animal disease which may threaten human
health and shall, in consultation with the Department of Health,
determine the public health risk associated with the domestic
animal disease outbreak and the appropriate action to manage
such risk. Additions or deletions of domestic animal diseases of
public health significance to or from the list of dangerous
transmissible diseases shall be jointly determined by the
department and the Department of Health.
(d) Designation of additional dangerous transmissible
diseases through temporary order.--Upon the determination that a
transmissible disease not listed in subsection (a) and not
designated a dangerous transmissible disease through regulation
under subsection (b) presents a danger to public health, to
domestic animal health, to the safety or quality of the food
supply or to the economic well-being of the domestic animal
industries, the department shall issue a temporary order
proclaiming that transmissible disease to be a dangerous
transmissible disease within the meaning of this chapter. This
chapter shall be applicable to that dangerous transmissible
disease as of the date of actual or constructive notice of the
order or any later date specified in that order. The department
shall publish such an order in the Pennsylvania Bulletin within
20 days of its issuance. Publication in the Pennsylvania
Bulletin shall effect constructive notice. The temporary order
shall remain in effect for a period not to exceed one year,
unless reissued, or until the transmissible disease is
designated to be a dangerous transmissible disease through
regulation under subsection (b), whichever occurs first.
(e) Regulations.--The department may establish regulations
addressing the specific discovery, prevention, reporting,
testing, control and eradication measures which it determines
are necessary with respect to any dangerous transmissible
disease.
§ 2322. Neoplastic diseases, metabolic diseases and heritable
diseases.
If a neoplastic disease, metabolic disease or heritable
disease is determined by the department to pose a threat to
domestic animal health or to the economic well-being of the
domestic animal industries, then the department may establish
regulations addressing any discovery, prevention, reporting,
testing, control, eradication or other measures as are necessary
to lessen or eliminate the threat.
§ 2323. Health requirements.
(a) Interstate and intrastate movement of domestic
animals.--The department may establish identification and
minimum health standards for the importation or the intrastate
movement of domestic animals in this Commonwealth and may
establish procedures for certification of the health status of
domestic animals imported into or transported within this
Commonwealth. If the department shall suspect the genuineness of
any health certificate or official disease test report relating
to domestic animals or shall question the competency of the
person who shall have issued such report or certificate, the
department may decline to accept the same and may refuse to
permit the importation or intrastate movement of the domestic
animals concerned unless a certificate or report is furnished
from the proper inspector of the state or country of origin or
USDA-APHIS-VS or unless the department shall otherwise
determine.
(b) Violations.--
(1) It shall be unlawful for any person to knowingly,
recklessly or negligently import or bring into this
Commonwealth without the written permission of the department
any domestic animal that is contaminated with a hazardous
substance or that is infected with or that has been exposed
to any transmissible disease.
(2) It shall be unlawful for any person to knowingly,
recklessly or negligently import or bring into this
Commonwealth any domestic animal in violation of any of the
provisions of this chapter, an order entered under authority
of this chapter or any attendant regulation to prevent the
introduction of any transmissible disease.
(3) It shall be unlawful for any person to knowingly,
recklessly or negligently receive or keep or have in his
keeping or possession any domestic animal imported, brought
into or transported within this Commonwealth in violation of
any of the provisions of this chapter or to allow any such
domestic animal to come into contact with any other domestic
animal.
(c) Authority to remove or slaughter.--Whenever any domestic
animal is imported into this Commonwealth or transported within
this Commonwealth in violation of this chapter, the department
shall have authority to cause such domestic animal to be removed
from this Commonwealth or the domestic animal removed directly
to slaughter or destroyed without indemnity.
§ 2324. Safety of domestic animal feed.
(a) General authority.--The department shall have the
authority and the duty to protect the food supply of domestic
animals in order to prevent the transmission of diseases and
substances hazardous to human health or domestic animal health.
(b) Carcasses used for animal feed.--No domestic animal
carcass or parts of a domestic animal carcass shall be sold for
domestic animal feeding purposes if the meat or meat parts may
be hazardous to the health of domestic animals to which such
meat or meat parts may be fed.
(c) Garbage used for domestic animal feed.--No garbage may
be fed to domestic animals except in accordance with Subchapter
G (relating to garbage feeding business).
(d) Regulations.--The department shall establish regulations
and standards to assure the safety of materials that are fed to
domestic animals.
(e) Licensure.--The department shall provide for the
licensure of persons owning or operating facilities, equipment
or conveyances utilized in the collection, treatment,
preparation and transportation of domestic animal by-products
that are used in feed for domestic animals.
(f) Content.--The department may establish standards for the
composition of feed for domestic animals, including, but not
limited to, antibiotics and chemical additives for the purpose
of preventing tissue residues and contamination of domestic
animal products by substances hazardous to human health or
domestic animal health. Such standards shall be established by
regulation.
(g) Prohibition.--Notwithstanding any provision of this
chapter to the contrary, a domestic animal or part of a domestic
animal which is suspected of carrying a transmissible spongiform
encephalopathy shall not be moved without written permission of
the department or used in the manufacture or production of
domestic animal feed.
§ 2325. Use of biologicals, antibiotics, genetic material,
chemicals, diagnostic agents and other substances.
(a) Authority.--The department shall have the authority to
regulate the manufacture, sale or administration of any
biological product intended for diagnostic, preventive or
therapeutic purposes with domestic animals. The department may
establish regulations to control the production, sale,
distribution or use of biologicals, antibiotics, genetic
material, chemicals and other substances administered to
domestic animals.
(b) Testing.--The department may prescribe methods of making
official tests and may restrict the use of such tests to
authorized accredited veterinarians and agents of the department
and USDA-APHIS-VS for diagnosis of diseases of domestic animals.
It shall be the duty of each person using restricted tests to
report in writing the results of restricted tests to the
department. Each report shall be signed by the person who
conducted the test and shall give the date of the test, the name
and address of the owner of the domestic animal tested, the
location where such test was conducted, a description and
definitive permanent identification of the domestic animal or
domestic animals tested and a complete statement of the actual
result of such test. It shall be unlawful for any person whose
duty it is to make a report to fail or refuse to do so.
(c) Vaccines.--The department may, in order to prevent or
control the introduction or spread of dangerous transmissible
diseases, restrict the use of vaccines in domestic animals or
cause domestic animals in this Commonwealth to be vaccinated
with biologicals according to regulations promulgated under this
chapter.
§ 2326. Sanitation.
The department shall have the authority to establish
standards of sanitation for the operation and maintenance of any
facility, conveyance, equipment, building or other means of
housing, containing or transporting domestic animals. Sanitation
standards shall be established to minimize the possible
transmission of dangerous transmissible diseases.
§ 2327. Disease surveillance and detection.
(a) General authority.--The department shall have the
authority to regularly monitor the domestic animal population of
this Commonwealth to determine the prevalence, incidence and
location of transmissible diseases or contamination by hazardous
substances.
(b) Duty to report.--It shall be the duty of every
practitioner of veterinary medicine and every diagnostic
laboratory in this Commonwealth, immediately upon receiving
information thereof, to report to the department each case of
any dangerous transmissible disease and each case of potential
contamination by substances declared hazardous by the
department.
(c) Violations.--
(1) It shall be unlawful for any person to impede,
hinder or interfere with the testing of a domestic animal or
to refuse to confine a domestic animal so as to allow testing
without undue burden on the official conducting the test or
to fail to present the person's domestic animals for testing
by the department under authority of this chapter after
reasonable notice of the proposed testing has been given.
(2) It shall be unlawful for any person who has
knowledge that a domestic animal is infected with a dangerous
transmissible disease or has been exposed to a dangerous
transmissible disease or has been contaminated by a hazardous
substance to conceal or attempt to conceal such domestic
animal or knowledge of such a domestic animal from the
department.
(d) Wild animals.--The department shall have the authority
to solicit assistance from and provide assistance to Federal and
other State agencies, local governments and private entities in
monitoring wild animals in this Commonwealth to determine the
presence of dangerous transmissible disease. This monitoring may
be done in cooperation with the Pennsylvania Game Commission,
the Pennsylvania Fish and Boat Commission, the United States
Fish and Wildlife Service or any other private or governmental
entity.
§ 2328. Entry on premises.
In the performance of the duties required by this chapter,
the department may at any time enter any premises or stop and
detain any vehicle or conveyance. If entry shall be refused or
delayed by any person, the department's employee or agent may,
upon oath or affirmation, declare before a court of competent
jurisdiction that the employee or agent has reason to believe
that domestic animals or articles that are or have been confined
or kept in or on such premises carry a dangerous transmissible
disease, have been exposed to a dangerous transmissible disease
or have been contaminated by a hazardous substance and shall
further declare that permission to enter and to investigate has
been refused or delayed to the department. Upon review of such
declaration, the court of jurisdiction may issue a search
warrant for such premises, directed to the proper officer, agent
or employee. The search warrant shall describe the premises
which may be searched under authority of the search warrant, but
need not describe the domestic animal, domestic animal products
or other articles which are alleged to carry a dangerous
transmissible disease, to have been exposed to a dangerous
transmissible disease or to have been contaminated by a
hazardous substance, which are or have been confined or kept on
such premises. An officer, agent or employee of the department
armed with such a search warrant shall have all the authority of
a constable or other peace officer in the execution of the
warrant. It shall be unlawful for any person to refuse or delay
admission to any premises to any officer, agent or employee of
the department provided with a search warrant issued pursuant to
this section. The department shall take appropriate biosecurity
and safety measures to ensure that it does not allow dangerous
transmissible disease or contamination from hazardous substances
to spread as the result of its entry upon any premises or
conveyance.
§ 2329. Quarantine.
(a) Power to establish and enforce.--Whenever a dangerous
transmissible disease or contamination by hazardous substances
exists anywhere within or outside of this Commonwealth, or
whenever it is deemed advisable to test or treat any domestic
animal upon the reasonable suspicion that it has contracted or
been exposed to a dangerous transmissible disease or is
contaminated with a hazardous substance, or whenever the testing
or treatment of a domestic animal indicates that the domestic
animal has been exposed to a dangerous transmissible disease or
contaminated with a hazardous substance so as to render future
accurate testing for recent exposure of that domestic animal to
that dangerous transmissible disease or hazardous substance
impractical or impossible, the department shall have the power
to establish and enforce quarantines of any such infected,
exposed, contaminated, suspected or susceptible domestic animal.
In addition to the aforedescribed domestic animals, a quarantine
may apply to any goods, products, facilities, containers,
vehicles or materials that may carry dangerous transmissible
disease or that may be contaminated with a hazardous substance
and may be applied on or in or against any premises, area or
locality as defined in this chapter.
(b) Type and duration.--Quarantines shall be of three kinds:
(1) interstate and/or international;
(2) general; and
(3) special;
and shall continue in effect for such lengths of time as the
department deems necessary or advisable.
(c) Interstate and international quarantines.--
(1) An interstate or international quarantine may be
established and enforced by order of the department against
any place or places outside this Commonwealth for any of the
reasons set forth in subsection (a) or where dangerous
transmissible diseases or hazardous substances are reported
to exist. An interstate or international quarantine order may
prohibit the bringing of any domestic animals, conveyances,
containers, goods, products or materials into this
Commonwealth except in accordance with the requirements set
forth in the quarantine order. The order may require the
quarantine, testing, treatment, killing or other disposition
of any domestic animal brought into this Commonwealth in
violation of the order and may require the quarantine,
disinfection or destruction of goods, products, conveyances,
materials or containers brought into this Commonwealth in
violation of the order. The order may also require that a
person importing domestic animals in violation of the order
bear the expenses of postentry requirements of this chapter.
(2) An interstate or international quarantine shall be
established by order of the department and shall be effective
as of the date of actual or constructive notice of the order
or any later date specified in that order.
(3) Notices and copies of the order establishing an
interstate or international quarantine shall be advertised in
the Pennsylvania Bulletin within 20 days of the date of the
order, in at least one newspaper of general circulation
within this Commonwealth and in at least one newspaper of
general circulation in the state(s) or nation(s) against
which the quarantine is directed. Publication in the
Pennsylvania Bulletin shall effect constructive notice. The
department shall, if practicable, mail or deliver notice and
a copy of the quarantine order to the governmental agency or
agencies overseeing agricultural affairs in the state(s) or
nation(s) against which the quarantine is directed. The
quarantine order may be enforced prior to such publication or
distribution.
(d) General quarantines.--
(1) A general quarantine may be established and enforced
by order of the department against any area or locality
within this Commonwealth for any of the reasons set forth in
subsection (a) to prevent a dangerous transmissible disease
or a domestic animal contaminated by a hazardous substance
from being carried into, within, from or out of the area or
locality that is subject to the quarantine. A general
quarantine order may include any domestic animals,
conveyances, containers, goods, products or materials that
may carry dangerous transmissible disease or domestic animals
that are contaminated with a hazardous substance and may
include any area or locality, including all buildings,
structures, premises and equipment located therein.
(2) A general quarantine shall be established by order
of the department and shall be effective as of the date of
actual or constructive notice of the order or any later date
specified in that order.
(3) Notices and copies of the order establishing a
general quarantine shall be advertised in the Pennsylvania
Bulletin within 20 days of the date of the order and in at
least one newspaper of general circulation within the area or
locality subject to the quarantine. Publication in the
Pennsylvania Bulletin shall effect constructive notice. The
quarantine order may be enforced prior to such publication.
(e) Special quarantines.--
(1) A special quarantine may be established and enforced
by order of the department against any premises, domestic
animals, conveyances, containers, goods, products or
materials situated within this Commonwealth for any of the
reasons set forth in subsection (a) or whenever it is deemed
necessary or advisable by the department to prevent or
control the spread of a dangerous transmissible disease;
control a domestic animal contaminated by a hazardous
substance; control any domestic animal; examine or disinfect
or regulate the use of any premises, materials, conveyances,
goods, containers or products; or destroy or dispose of the
carcass of any dead domestic animal.
(2) A special quarantine shall be established by the
posting of a quarantine order describing the domestic animal
or domestic animals and any conveyances, containers, goods,
materials, products or premises covered by the special
quarantine. The quarantine notice shall be conspicuously
posted so as to alert any visitor to the quarantined premises
of the probable presence of a dangerous transmissible disease
or domestic animals contaminated by hazardous substances.
(3) If practicable, the department shall serve a copy of
the special quarantine order upon the owner or caretaker of
the domestic animals, premises or other property subject to
the order. The department shall have authority to make
available to interested persons the names and locations of
premises subject to special quarantine.
(f) Violations of quarantine.--
(1) It shall be unlawful for any person to sell, offer
for sale, lease, lend, exchange, give away, transfer, remove
or allow to be removed any animals or animal products, goods,
materials, containers, conveyances or other articles that are
the subject of a general or special quarantine order under
this section without first obtaining the written permission
of the department to do so.
(2) It shall be unlawful for any person to allow a
domestic animal that is the subject of a general or special
quarantine order under this section to stray beyond the
quarantined premises, area or locality.
(3) It shall be unlawful for any person to transfer
ownership of any animal or animal product that is the subject
of a general or special quarantine order under this section
without first notifying the prospective or actual transferee
of the quarantine order and the reasons for the imposition of
quarantine.
(4) It shall be unlawful for any person to use or
prepare as food for humans or domestic animals any domestic
animal or domestic animal product that is the subject of a
general or special quarantine order under this section
without first obtaining the written permission of the
department to do so. Such permission shall be granted in
accordance with any applicable guidelines established by the
department.
(5) It shall be unlawful for any person to tear, deface,
destroy, remove, conceal or alter in any way any notice of
quarantine posted by the department or to remove or destroy,
partially or wholly, any portion of a building, tree, fence
or other object to which a notice of quarantine has been
posted by the department.
(6) It shall be unlawful for any person to bring into
this Commonwealth any domestic animals, containers, goods,
products, conveyances or materials that are the subject of an
interstate or international quarantine order under this
section.
(7) It shall be unlawful for any person to impede,
hinder or interfere with the department entering upon
premises or elsewhere in the performance of duties imposed by
this subchapter.
(8) It shall be unlawful for any person to violate any
provision of a quarantine order issued under this section.
§ 2330. Condemnation.
The department shall have the authority to condemn and seize
or cause to be destroyed any quarantined domestic animal,
domestic animal product, conveyance or other quarantined article
that has been determined by the department as having been
exposed to a dangerous transmissible disease or a hazardous
substance such that destruction of the domestic animal, domestic
animal product, conveyance or other article is necessary to
prevent the spread of such disease or contamination.
§ 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, 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 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) Indemnification limits.--
(1) The amount of indemnity paid by the department shall
not exceed $2,000 with respect to any individual domestic
animal.
(2) The amount of indemnity paid by the department with
respect to domestic animals condemned under authority of this
chapter shall not exceed the sum of $200,000 for any group of
domestic animals, regardless of the number of owners having
domestic animals within such group of condemned domestic
animals.
(3) The maximum amount of indemnity paid by the
department shall not exceed 67% of the appraised value of the
condemned domestic animal, domestic animal product or other
condemned property for which indemnification is sought.
(4) The amount of indemnity paid by the department to
the owner of domestic animals condemned under authority of
this chapter plus the salvage value and the value of
indemnity payments received from any other source shall not
exceed 90% of the appraised value of such domestic animals.
(5) The amount of indemnity which the department may pay
under this section shall be limited by the availability of
funds for this purpose.
(6) Funds for indemnification under this section may not
be paid by the department to indemnify owners of condemned
cats and dogs.
(c) Forfeiture.--A person shall not be eligible for any
indemnity payment or depopulation incentive 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 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.
(d) Appraisal.--Whenever the department condemns domestic
animals, domestic animal products or other articles, the value
of such animals, products and articles shall be appraised. No
domestic animal that is dead shall be appraised, and no
indemnity shall be payable for such domestic animal, except that
a domestic animal that dies after condemnation by the department
may be appraised on the basis of its condition at the time of
condemnation and indemnity may be paid with respect to such a
domestic animal. The department shall determine the appraised
value of the condemned domestic animal, products or articles
taking into consideration the current market values, age of the
animal, physical condition of the animal, its condition as to
disease, nature and extent of disease, breeding value, milk
production value, salvage value of the animal and any other
factors which may influence value. If the department and the
owner of the condemned domestic animals, domestic animal
products or other articles are unable to agree on the appraised
value of the domestic animals, products or articles, then the
department and the owner may appoint a mutually agreeable
appraiser to determine the appraised value. Costs of such an
appraisal shall be borne by the owner. In the absence of such a
mutually agreeable appraiser, the department's determination of
the appraised value shall control.
(e) Disposal of condemned domestic animal.--A domestic
animal that has been condemned by the department and is eligible
for indemnity under this chapter shall be disposed of by the
owner, under the supervision of the department, in accordance
with the laws of this Commonwealth and regulations adopted by
the department. When condemned domestic animals are approved by
the department for salvage, the salvage value shall be paid
directly to the owner by the buyer of the live domestic animal
or the buyer of the carcass, hide, offal or other by-product.
The buyer shall promptly present an itemized statement of the
salvage value to the department to determine the amount, if any,
due from the department to the owner.
§ 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 in consideration of that owner
voluntarily slaughtering or destroying that domestic animal or
other property 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.
(b) Limits.--A depopulation incentive payment shall not
exceed $2,000 with respect to any individual domestic animal. A
depopulation incentive payment plus the salvage value and any
other compensation received from other sources shall not exceed
90% of the appraised value of the domestic animal or other
property that is the subject of the depopulation incentive
payment. Notwithstanding the definition of "owner" in section
2303 (relating to definitions), depopulation incentive payments
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 depopulation incentive
payment.
(c) Cats and dogs.--The department may not make depopulation
incentive payments for cats and dogs.
§ 2333. Restriction on payment of indemnification and
depopulation incentive.
Notwithstanding any other provision of law, indemnification
under section 2331 (relating to indemnification) and
depopulation incentive under section 2332 (relating to
depopulation incentive) shall be paid only for domestic animals.
§ 2334. Report on insurance or cost-sharing program.
On or before 12 months from the effective date of this
chapter, the department shall submit to the Agriculture and
Rural Affairs Committee of the Senate and the Agriculture and
Rural Affairs Committee of the House of Representatives a report
on the feasibility of establishing an insurance or other cost-
sharing program in lieu of indemnification under section 2331
(relating to indemnification) to compensate owners of domestic
animals which are condemned and destroyed by the department to
prevent the spread of disease or contamination.
§ 2335. Contract growers.
On or before 12 months from the effective date of this
chapter, the department shall submit to the Agriculture and
Rural Affairs Committee of the Senate and the Agriculture and
Rural Affairs Committee of the House of Representatives a report
regarding the feasibility of paying a portion of the
indemnification or depopulation incentive to a person who raises
domestic animals under contract for the owner of such animals
and a portion to the owner when the domestic animals are
condemned and destroyed to prevent the spread of a transmissible
disease or hazardous substance. In preparing the report, the
department shall consider ways in which the owner and the person
under contract to the owner would share the indemnification or
the depopulation incentive in proportion to the loss which each
incurred.
SUBCHAPTER D
DEALERS, AGENTS AND HAULERS OF DOMESTIC ANIMALS OR
DEAD DOMESTIC ANIMALS
Sec.
2341. General authority.
2342. License of dealers and haulers.
2343. Licensure of agents.
2344. Verification of application.
2345. License fees.
2346. Term of license.
2347. Posting and display of license.
2348. Denial, suspension or revocation of license.
2349. Records and inspections.
§ 2341. General authority.
The department shall have authority to regulate the
activities, facilities and equipment of domestic animal or dead
domestic animal dealers, agents and haulers for the purpose of
assuring the sanitary handling of dead domestic animals and the
sanitary handling, marketing and exchange of domestic animals.
§ 2342. License of dealers and haulers.
(a) Requirement.--No person shall engage in or carry on the
business of a dealer or hauler of domestic animals or of dead
domestic animals or act as an agent for a dealer or hauler,
unless such person is duly licensed by the department. With
respect to dealers of dogs, the requirements of this subchapter
are in addition to the requirements under the act of December 7,
1982 (P.L.784, No.225), known as the Dog Law.
(b) Application.--Application for a dealer's or hauler's
license shall be made on a form furnished by the department. The
form shall contain such information as the department may
reasonably require to determine the applicant's identity,
competency and eligibility.
§ 2343. Licensure of agents.
(a) General rule.--Except as provided in subsection (b), a
domestic animal or dead domestic animal dealer or hauler who
applies for or holds a dealer's or hauler's license may
designate any person to act as an agent on behalf of that dealer
or hauler. The designation shall be made either on the domestic
animal or dead domestic animal dealer's or hauler's license
application form or by a written notice to the department
requesting the issuance of an agent's license. The department
may require such additional information as is necessary to
determine the identity, competency and eligibility of an
applicant for an agent's license. A dealer or hauler shall be
accountable and responsible for contracts made by any of its
licensed agents.
(b) Exception.--Notwithstanding subsection (a), a dealer of
dogs may not designate a person to act as an agent on behalf of
the dealer.
§ 2344. Verification of application.
An applicant for a license under this subchapter shall sign
the license application, and such signature shall serve to
affirm that the information contained in the application is true
and correct. An application and the information contained
therein for licensure under this chapter shall be subject to the
provisions of 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities).
§ 2345. License fees.
The fee for a domestic animal or dead domestic animal
dealer's or hauler's license is $50. If a person is a dealer of
dogs and is licensed under the act of December 7, 1982 (P.L.784,
No.225), known as the Dog Law, there shall be no fee for
licensure under this section. The fee for an agent's license is
$25. These fees shall be paid prior to the issuance of a license
by the department. The department may change these license fees
through regulations.
§ 2346. Term of license.
A license issued under this subchapter shall expire at the
end of the calendar year for which it was issued, except that
licensure shall be continued, pending renewal or denial by the
department if the renewal application is received by the
department no later than December 1 of the preceding calendar
year.
§ 2347. Posting and display of license.
Any person licensed under this subchapter and conducting
business under such a license shall post a copy of the license
furnished by the department in or at the place of business of
the licensee. The license shall be posted and exposed for
viewing by those persons conducting the business which is the
subject of the license and for inspection by the department. The
licensee and any agents of the licensee shall carry a license
verification card issued by the department at all times when
acting as a dealer, agent or hauler. This license verification
card shall be exhibited to persons when negotiating with or
soliciting business from them and to the department upon
request.
§ 2348. Denial, suspension or revocation of license.
The department may, after due notice and an opportunity for a
hearing, deny, suspend, revoke or modify a license issued under
this subchapter if the department finds that the applicant or
licensee has violated any provision of this chapter or its
related regulations or finds the existence of any of the
following:
(1) the applicant or licensee has violated the laws of
the United States or this Commonwealth or official
regulations governing the interstate or intrastate movement,
shipment or transportation of animals;
(2) the applicant or licensee has made false or
misleading statements or has fraudulently misrepresented the
health or physical condition of domestic animals with regard
to official tests or quantity of domestic animals or in the
buying or receiving of domestic animals or in the receiving,
selling, exchanging or shipping of domestic animals,
including soliciting or negotiating the sale, resale,
exchange or shipment of domestic animals;
(3) the applicant or licensee has engaged in a continued
course of dealings of such a nature as to satisfy the
department of the inability or unwillingness of the applicant
or licensee to properly conduct the business of a dealer,
hauler or agent in accordance with the requirements of this
chapter;
(4) the applicant or licensee has failed to practice
measures of sanitation prescribed by the department for
premises or conveyances used for the confining, stabling,
yarding, housing, holding or transporting of domestic
animals; or
(5) the applicant or licensee has failed to keep records
required by the department or by law or has refused to allow
inspections or to produce books, accounts or records of
transactions in the carrying on of the business for which
such license is requested or granted.
§ 2349. Records and inspections.
Every dealer, agent and hauler shall keep such accounts,
records and memoranda as are determined by the department to be
sufficient to identify all living or dead domestic animals
handled and their origin and disposition to fully and clearly
disclose all transactions involved in his business, including
the true ownership of such business by stockholders or
otherwise. Every dealer, agent and hauler shall also keep
records of such health certifications and sanitary measures as
are required under the provisions of this chapter or its
regulations. The department may investigate the records of any
applicant or licensee under this subchapter. The applicant or
licensee shall provide its records upon the department's
request. Information unrelated to the purpose of the
investigation and relating to the general business of the
applicant or licensee shall be deemed to be of confidential
nature by the department. The department shall conduct such
inspections as are necessary to assure the sanitary and humane
handling of domestic animals.
SUBCHAPTER E
DISPOSAL OF DEAD DOMESTIC ANIMALS AND ANIMAL WASTE
Sec.
2351. General authority.
2352. Disposal of dead domestic animals.
2353. Disposal of animal waste.
2354. Licensure requirement of dead domestic animal disposal
businesses.
2355. Licensing procedure.
2356. Conditions of licensure.
2357. Denial, suspension or revocation of license.
§ 2351. General authority.
The department shall have the authority and the duty to cause
the sanitary and safe disposal of dead domestic animals,
domestic animal products and domestic animal parts, tissues,
excrement and other wastes to prevent the spread of
transmissible diseases or dangerous transmissible diseases or
the spread of contamination by hazardous substances. This
subchapter shall not apply to the disposal of carcasses of
domestic animals slaughtered for human food nor to the premises
or the rendering operations on the premises of a licensed
slaughter establishment subject to official Federal or State
inspection, provided that such inspection includes inspection of
the rendering operations.
§ 2352. Disposal of dead domestic animals.
(a) Requirements.--The following requirements shall be met
regarding the disposal of the bodies of dead domestic animals:
(1) Persons owning or possessing domestic animals that
they know to have died of dangerous transmissible disease
shall report the occurrence of the disease to the department
and dispose of the domestic animals under the supervision and
instruction of the department.
(2) Persons caring for or owning domestic animals that
have died shall prevent exposure of the carcasses of such
dead domestic animals to other living animals, domestic
animals and the public and shall dispose of the carcass
within 48 hours after the domestic animal dies. Disposal
shall be accomplished in accordance with the requirements of
this chapter.
(3) Dead domestic animals, parts of dead domestic
animals, offal and animal waste may not be transported on
public highways for any purpose unless such materials are
transported in a manner that precludes contamination of the
environment or danger to animal or public health.
(4) Dead domestic animals, parts of dead domestic
animals, offal and animal waste shall be disposed of only in
accordance with one of the following methods or a method
hereafter approved by the department:
(i) Burial in accordance with regulations governing
water quality.
(ii) Incineration in accordance with regulations
governing air quality.
(iii) Processing by rendering, fermenting,
composting or other method according to procedures and
product safety standards established by the department.
(b) Feeding restricted.--No uncooked dead animal or uncooked
dead domestic animal parts, including offal of any description,
shall be fed to domestic animals unless processed in accordance
with regulations adopted by the department.
(c) Importation restricted.--No dead domestic animal, offal
or parts of dead domestic animals may be transported into this
Commonwealth unless transported directly to a diagnostic
laboratory or consigned and delivered to a dead domestic animal
disposal plant licensed by the department.
§ 2353. Disposal of animal waste.
Animal waste known or suspected to have been exposed to a
dangerous transmissible disease or hazardous substance shall be
disposed of in accordance with regulations attendant to this
chapter.
§ 2354. Licensure requirement of dead domestic animal disposal
businesses.
Any person who purchases or receives for disposal a dead
domestic animal, domestic animal part or potentially infectious
animal waste shall be deemed to be in the business of dead
domestic animal disposal and shall be licensed by the department
to engage in and conduct such activity.
§ 2355. Licensing procedure.
(a) Applications and fees.--Any person intending to operate
a dead domestic animal disposal business within this
Commonwealth shall, prior to the commencement of business, file
an application with the department for the issuance of a dead
domestic animal disposal business license. The application shall
be made on a form provided by the department. A license fee of
$100 shall be submitted to the department for each dead domestic
animal disposal plant to be operated by the applicant within
this Commonwealth. This license fee may be changed by the
department through regulations.
(b) Term of license and renewal.--A license issued under
this subchapter shall expire as of the end of the calendar year
for which it was issued, except that licensure shall be
continued pending renewal or denial by the department if the
renewal application is received by the department no later than
December 1 immediately preceding the calendar year for which
license renewal is sought.
§ 2356. Conditions of licensure.
(a) Inspections.--As a precondition to the issuance of a
license under this subchapter and as a continuing condition of
such licensure, the department shall inspect an applicant's or
licensee's dead domestic animal disposal plants, facilities,
equipment or vehicles for compliance with this chapter and its
attendant regulations.
(b) Disposal methods.--All carcasses, domestic animal parts,
offal or other animal waste received or generated by a licensee
under this subchapter shall be processed in accordance with such
time limits, sanitation standards, personnel requirements and
biosecurity standards as are necessary to prevent the spread of
transmissible disease or dangerous transmissible disease. The
department may formalize these limits or standards through
regulation.
§ 2357. Denial, suspension or revocation of license.
An application or license under this subchapter may be
denied, suspended or revoked if the department determines that
any of the conditions of licensure set forth in section 2356
(relating to conditions of licensure) have been violated or if
the department determines that a deficiency or violation on the
applicant's or licensee's part had not been corrected within the
time limit set forth in a written notice of deficiency or
violation issued to the applicant or licensee by the department.
SUBCHAPTER F
SLAUGHTER AND PROCESSING OF DOMESTIC ANIMALS
Sec.
2361. General authority.
2362. Humane methods of slaughtering domestic animals.
§ 2361. General authority.
The department shall have authority to regulate the
destruction, slaughter or processing of domestic animals in
order to assure the proper treatment of domestic animals and the
safety and quality of food of domestic animal origin. The
department may:
(1) Establish standards for the humane slaughter of
domestic animals.
(2) Regulate the slaughter and processing of domestic
animals for human or animal consumption and may require the
licensure of slaughter and processing establishments.
(3) Establish minimum standards regarding the health and
quality of domestic animals permitted to be processed for
human consumption or animal feed.
§ 2362. Humane methods of slaughtering domestic animals.
(a) Humane methods required.--
(1) Humane methods shall be used in the handling of
domestic animals for slaughter and in the actual bleeding and
slaughter of domestic animals.
(2) The use of a manually operated hammer, sledge or
poleax by slaughterers, packers or stockyard operators during
slaughtering operations is not a humane method of slaughter.
(b) Ritual slaughter.--Subsection (a) shall not apply to the
operator of a commercial establishment with respect to the
positioning and ritual slaughter of cows, poultry and sheep
until one year after the department finds and notifies the
operator that there is available at reasonable cost a ritually
acceptable, practicable and humane method of handling or
otherwise preparing conscious calves, poultry and sheep for
slaughter.
(c) Exception.--Subsection (a) shall not apply to a farmer
or other person slaughtering domestic animals owned by the
farmer or person.
(d) Construction of section.--This section shall not be
construed to prohibit, abridge or in any way hinder the
religious freedom of any person or group.
(e) Review.--Determinations made by the department under
authority of this section shall be subject to review in the
manner provided by 2 Pa.C.S. Ch. 7 Subch. A (relating to
judicial review of Commonwealth agency action).
(f) Applicability.--Where the slaughtering operations of
slaughterers, packers or stockyard operators who would otherwise
be subject to the requirements of this section are subject to
inspection by the United States Department of Agriculture,
applicable Federal law shall control, and the determination of
whether slaughter is conducted by humane methods shall be made
by the United States Department of Agriculture in accordance
with Federal authority on the subject of humane methods of
slaughter.
SUBCHAPTER G
GARBAGE FEEDING BUSINESS
Sec.
2371. Licensure requirement.
2372. Application and fee.
2373. Issuance of license.
2374. Term of license and renewal.
2375. Posting of license.
2376. Heating certain garbage before feeding.
2377. Prohibitions and conditions.
2378. Inspections.
2379. Notice to remedy and denial, suspension or revocation
of license.
§ 2371. Licensure requirement.
Any person who feeds garbage to domestic animals shall be
deemed to be engaged in the garbage feeding business. It shall
be the duty of any such person to obtain a license from the
department as a precondition to operating a garbage feeding
business within this Commonwealth and to thereafter maintain a
current license while such business is in operation.
§ 2372. Application and fee.
Any person intending to operate a garbage feeding business or
plant within this Commonwealth shall, prior to the commencement
of operation, file an application with the department for the
issuance of a garbage feeding business license. The application
shall be made on a form provided by the department. A license
fee of $100 shall be submitted to the department for each
garbage feeding business to be operated by the applicant within
this Commonwealth. This license fee may be changed by the
department through regulations. The Commonwealth, political
subdivisions and charitable or religious institutions shall not
be required to pay this license fee.
§ 2373. Issuance of license.
The department shall issue a license under this subchapter
when all of the following are met:
(1) Approval of the application.
(2) Receipt of the appropriate license fee, if any is
required.
(3) Inspection of the premises designated on the
application as the place of business.
(4) Approval of the buildings, equipment and sanitary
conditions.
(5) Such other requirements as the department may deem
necessary.
§ 2374. Term of license and renewal.
A license issued under this subchapter shall expire at the
end of the calendar year for which it is issued, except that
licensure shall be continued pending renewal or denial by the
department if the renewal application is received by the
department no later than December 1 immediately preceding the
calendar year for which the license renewal is sought.
§ 2375. Posting of license.
Any person licensed under this section and operating a
garbage feeding business shall post a copy of the license in a
conspicuous place in or at the place of business.
§ 2376. Heating certain garbage before feeding.
All garbage that may contain animals, animal parts or animal
products shall be heated thoroughly to a temperature of at least
212 degrees Fahrenheit for a period of at least 30 minutes
before being fed to domestic animals, unless the garbage has
been treated in some other manner that has been approved by the
department. Each lot, batch or unit of garbage shall be heated
in its entirety to the required temperature and for the required
length of time. A true and accurate record of garbage so
processed shall be kept and maintained by the operator of a
garbage feeding business or plant for a period of not less than
one year. This record shall be made available to the department
upon its request.
§ 2377. Prohibitions and conditions.
(a) Sanitation.--All garbage feeding businesses shall be
maintained in a reasonably sanitary condition. Approved methods
to exterminate flies, vermin and rodents shall be employed
regularly.
(b) Slaughter of certain domestic animals prohibited.--It
shall be unlawful to slaughter domestic animals for human
consumption on any premises used as a garbage feeding business
or in any building located on any such premises.
(c) Construction and management.--
(1) Feeding shall be done on water-tight floors,
properly drained and constructed so as to be maintained in a
sanitary condition.
(2) Any place where feeds are mixed and prepared and any
building connected with garbage feeding operations shall be
maintained in a sanitary condition and good repair.
(3) Manure and other refuse and rubbish shall not be
allowed to accumulate within the buildings or upon the
premises of a garbage feeding business to create unsightly or
unsanitary conditions.
(4) The facility shall be constructed so that domestic
animals are unable to have access to untreated garbage or
materials that have come into contact with untreated garbage.
§ 2378. Inspections.
As a precondition to the issuance of a garbage feeding
business license and as a continuing condition of such
licensure, the department may inspect an applicant's or
licensee's facilities for compliance with this chapter and its
attendant regulations.
§ 2379. Notice to remedy and denial, suspension or revocation
of license.
The department shall provide an applicant or licensee under
this subchapter with written notice of any violation of this
subchapter or any regulation relating to garbage feeding
businesses. The written notice shall set forth the time within
which the applicant or licensee must correct the condition. If
an applicant or licensee fails to correct or eliminate such a
violation within the time set forth in the written notice, the
department may deny, suspend or revoke the license and seek
other penalties as are authorized by this chapter.
SUBCHAPTER H
ADMINISTRATIVE PROVISIONS
Sec.
2381. Cooperation.
2382. Regulations.
2383. Enforcement and penalties.
2384. Disposition of fees, fines and civil penalties.
2385. Interference with officer or employee of department.
2386. Civil remedy.
2387. Inapplicability of penal cruelty to animals statutes.
2388. Exemption for governmental entities.
2389. Preemption of local laws and regulations.
§ 2381. Cooperation.
In order to extend the efficiency of the department with
regard to the administration and implementation of this chapter,
the department is authorized to cooperate with the appropriate
regulatory agencies of the Federal Government, any other state
or foreign nation.
§ 2382. Regulations.
(a) General authority.--The department shall promulgate and
adopt rules and regulations necessary for the administration and
implementation of this chapter.
(b) Preexisting regulations.--Except to the extent that they
are inconsistent with any provision of this chapter, regulations
in effect on the effective date of this chapter shall continue
in effect unless subsequently modified by regulations
promulgated by the department.
(c) Fees.--The department may impose licensure and user fees
to recover costs of supplies, equipment, administration and
other fixed overhead costs to provide services and voluntary
programs to the domestic animal industry. Unless otherwise
specified in this chapter, such fees shall be established by the
department through regulations.
§ 2383. Enforcement and penalties.
(a) Criminal penalties.--Unless otherwise specified, any
person who violates any of the provisions of this chapter or any
rule, regulation or order made under this chapter:
(1) For a first offense, commits a summary offense and
shall, upon conviction, be sentenced for each offense to pay
a fine of not less than $100 nor more than $300 and costs of
prosecution and, in default of payment of such fine and
costs, shall be sentenced to undergo imprisonment for a
period of not more than 90 days.
(2) For a subsequent offense committed within three
years of a prior conviction for any violation of this chapter
or any rule, regulation or order made under this chapter,
commits a misdemeanor of the second degree and shall, upon
conviction, be sentenced to pay a fine of not less than
$1,000 nor more than $5,000 or to imprisonment for not more
than two years, or both, at the discretion of the court.
(b) Civil penalties.--
(1) In addition to proceeding under any other remedy
available at law or in equity for a violation of a provision
of this chapter or a rule or regulation adopted thereunder or
any order issued pursuant thereto, the department may assess
a civil penalty of not more than $10,000 upon an individual
or business for each offense.
(2) No civil penalty shall be assessed unless the person
charged shall have been given notice and opportunity for a
hearing on such charge in accordance with law.
(3) In determining the amount of the penalty, the
department shall consider the gravity of the violation. The
department may issue a warning in lieu of assessing a
penalty.
(4) In cases of inability to collect such civil penalty
or failure of any person to pay all or such portion of the
penalty as the department may determine, the department may
refer the matter to the Office of Attorney General, which
shall recover such amount by action in the appropriate court.
§ 2384. Disposition of fees, fines and civil penalties.
All moneys derived from fees, fines and civil penalties
collected or imposed under this chapter shall be paid into the
State Treasury and shall be credited to the general government
operations appropriation of the Department of Agriculture to
administer the provisions of this chapter.
§ 2385. Interference with officer or employee of department.
A person who willfully or intentionally interferes with an
employee or officer of the department in the performance of
duties or activities authorized under this chapter commits a
misdemeanor of the third degree and shall, upon conviction, be
subject to a term of imprisonment of not more than one year or a
fine of not more than $2,500, or both.
§ 2386. Civil remedy.
In addition to any other remedies provided for in this
chapter, the Attorney General, at the request of the department,
may initiate in the Commonwealth Court or the court of common
pleas of the county in which the defendant resides or has his
place of business an action in equity for an injunction to
restrain any and all violations of this chapter or the rules and
regulations promulgated under this chapter or any order issued
pursuant to this chapter from which no timely appeal has been
taken or which has been sustained on appeal. In any such
proceeding, the court shall, upon motion of the Commonwealth,
issue a preliminary injunction if it finds that the defendant is
engaging in conduct that is unlawful under this chapter or is
engaging in conduct which is causing immediate or irreparable
harm to the public. The Commonwealth shall not be required to
furnish bond or other security in connection with such
proceedings. In addition to an injunction, the court in such
equity proceedings may levy civil penalties under section 2383
(relating to enforcement and penalties).
§ 2387. Inapplicability of penal cruelty to animals statutes.
No action taken by the department or decision not to act made
by the department or condition or action required of another by
the written instruction of the department shall be construed as
cruelty to animals under any penal statute of this Commonwealth
provided that such an action, decision or condition is taken,
made or required under the authority of this chapter and its
attendant regulations.
§ 2388. Exemption for governmental entities.
All agencies or commissions of the Federal Government and the
Commonwealth shall be exempt from the licensure requirements of
Subchapters D (relating to dealers, agents and haulers of
domestic animals or dead domestic animals), E (relating to
disposal of dead domestic animals and animal waste) and G
(relating to garbage feeding business).
§ 2389. Preemption of local laws and regulations.
This chapter and its provisions are of Statewide concern and
shall have eminence over any ordinances, resolutions and
regulations of political subdivisions which pertain to
transmissible diseases of domestic animals as defined in this
chapter; the whole field of regulation regarding the
identification of domestic animals; the detection, containment
or eradication of dangerous transmissible diseases and hazardous
substances; the licensure of domestic animal or dead domestic
animal dealers, agents and haulers; the procedure for disposal
of dead domestic animals and domestic animal waste; the
procedure for the slaughter and processing of domestic animals;
humane husbandry practices and the licensure and conditions of
garbage feeding businesses.
Act text part 2
Section 2. The following acts and parts of acts are
repealed:
Act of May 9, 1889 (P.L.151, No.167), entitled "An act to
prevent the spread of contagious diseases among domestic
animals."
Act of June 25, 1895 (P.L.286, No.200), entitled "An act
legalizing the dehorning of cattle."
Act of May 26, 1897 (P.L.99, No.82), entitled "An act to
protect the health of the domestic animals of the Commonwealth
of Pennsylvania."
Act of May 2, 1901 (P.L.121, No.88), entitled "An act to
provide for the prevention of the spread of disease from the
carcasses of animals that die of dangerous or virulent diseases,
or are killed while afflicted with such disease; to provide for
the safe disposal or destruction of such carcasses; to authorize
the State Live Stock Sanitary Board to make regulations for the
enforcement of this act; and to provide penalties for the
violations of this act and of the regulations that may be made
under it by the State Live Stock Sanitary Board."
Act of March 30, 1905 (P.L.78, No.56), entitled "An act to
further define the duties and powers of the State Live Stock
Sanitary Board; to prevent the spread of dangerous, contagious
or infectious diseases among domestic animals; to require
reports to be made of the existence of such diseases; to limit
appraisements and payments for animals that it may be necessary
to destroy to prevent the spread of disease; to protect milk
supplies from contamination; to authorize cooperation with local
boards of health; and to prescribe penalties for the violation
of the provisions hereof."
Act of June 3, 1911 (P.L.631, No.242), entitled "An act to
encourage the breeding of horses; to regulate the public service
of stallions and jacks; to prevent misrepresentation of same; to
require the licensing of stallions and jacks; and to provide for
the enforcement thereof."
Act of July 22, 1913 (P.L.928, No.441), referred to as the
Domestic Animal Disease Suppression Law.
Act of March 28, 1929 (P.L.110, No.117), referred to as the
Diseased Animal Importation Law.
Section 1713 of the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929.
Act of April 17, 1929 (P.L.533, No.236), referred to as the
Diseased Animal Quarantine Law.
Act of June 22, 1931 (P.L.650, No.225), referred to as the
Farm Animal Dealer or Broker License Law.
Act of June 22, 1931 (P.L.682, No.249), referred to as the
Diseased Animal Condemnation Law.
Act of May 18, 1945 (P.L.796, No.317), referred to as the
Dead Animal Rendering or Disposal Plant Law.
Act of April 20, 1949 (P.L.650, No.147), referred to as the
Equine Animal Slaughtering Establishment Law.
Act of June 19, 1953 (P.L.279, No.55), referred to as the
Garbage Feeding Plant Law.
Act of September 14, 1965 (P.L.519, No.263), entitled "An act
providing certain requirements for the commercial slaughtering
of livestock; defining the humane methods that may be used;
imposing powers and duties on the Secretary of Agriculture; and
providing penalties."
Act of March 28, 1974 (P.L.221, No.48), referred to as the
Livestock Brand Recording Law.
Section 3. This act shall take effect in 60 days.
APPROVED--The 11th day of July, A. D. 1996.
THOMAS J. RIDGE
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