Pennsylvania Act 2001-103 — DOG AND CAT PRODUCT ACT

Act text

DOG AND CAT PRODUCT ACT
                 Act of Dec. 17, 2001, P.L. 912, No. 103              Cl. 12
                                  AN ACT

     Prohibiting the sale of products containing dog or cat fur, skin
        or hair; defining a criminal offense; directing the Bureau of
        Consumer Protection to conduct investigations; and imposing
        penalties.

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

     Section 1.  Short title.
        This act shall be known and may be cited as the Dog and Cat
     Product Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Bureau."  The Bureau of Consumer Protection in the Office of
     Attorney General.
        "Cat."  The genus and species known as Felis catus.
        "Dog."  The genus and species known as Canis familiaris.
        "Fur, skin or hair of a dog or cat."  The phrase does not
     include hair that is shed by a dog or cat through grooming or
     through natural process.
     Section 3.  Prohibition.
        No person shall sell or offer for sale, wholesale or retail,
     the fur, skin or hair of a dog or cat or any product or part of
     a product containing the fur, skin or hair of a dog or cat.
     Section 4.  Criminal offense.
        (a)  Criminal offense.--A person who knowingly sells or
     offers for sale, wholesale or retail, the fur, skin or hair of a
     dog or cat or any product or part of a product containing the
     fur, skin or hair of a dog or cat commits a criminal offense.
        (b)  Grading of first offense.--A person who commits the
     criminal offense that is provided for under subsection (a)
     commits a misdemeanor of the third degree.
        (c)  Grading of subsequent offense.--A person who commits the
     criminal offense that is provided for under subsection (a)
     within five years of a prior conviction for the same offense
     commits a misdemeanor of the first degree.
     Section 5.  Duty to report and investigate.
        (a)  Report.--A person who has reason to suspect that a
     product sold or offered for sale, wholesale or retail, contains
     the fur, skin or hair of a dog or cat shall report that
     information to the bureau.
        (b)  Investigation.--The bureau may receive a report filed
     under subsection (a) or the bureau may develop information on
     its own about a possible violation of this act. In either case
     the bureau shall conduct an investigation to determine whether
     the product sold or offered for sale contains dog or cat fur,
     skin or hair. The investigation may include DNA testing of the
     product.
        (c)  Criminal prosecution.--If the bureau determines that the
     product contains dog or cat fur, skin or hair, the bureau shall
     report and refer that information for criminal prosecution to
     the Attorney General or the district attorney for the county in
     which the product was sold or offered for sale.
     Section 6.  Unfair trade practice.
        A violation of the prohibition under section 3 shall be
     considered a violation of the act of December 17, 1968
     (P.L.1224, No.387), known as the Unfair Trade Practices and
     Consumer Protection Law, and the provisions of that act shall
     apply insofar as they are not inconsistent with this act.
     Section 7.  Effective date.
        This act shall take effect in 60 days.