Pennsylvania Act 2006-51 — AGRICULTURE CODE (3 PA.C.S.) - REGULATION OF CERVIDAE LIVESTOCK OPERATIONS

Act text

AGRICULTURE CODE (3 PA.C.S.) - REGULATION OF CERVIDAE LIVESTOCK
                                OPERATIONS
                  Act of Jun. 29, 2006, P.L. 206, No. 51              Cl. 03
                             Session of 2006
                               No. 2006-51

     HB 1580

                                  AN ACT

     Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
        Statutes, further providing for the regulation of Cervidae
        livestock operations.
        The General Assembly finds and declares as follows:
            A Cervidae livestock operation is a normal agricultural
        operation of this Commonwealth. Cervidae livestock facilities
        and their equipment are considered to be agricultural
        facilities and equipment. Uses related to the farming and
        harvesting of cervids are to be considered agricultural uses
        regulated by the department.
            The Secretary of Agriculture shall assure that Cervidae
        livestock operations are afforded all rights, privileges,
        opportunities and responsibilities of normal agricultural
        operations.

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

        Section 1.  The definition of "Cervidae livestock operation"
     in section 2303 of Title 3 of the Pennsylvania Consolidated
     Statutes is amended to read:
      § 2303.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        ["Cervidae livestock operation."  A farm operation which:
            (1)  contains behind fences privately owned members of
        the genus and species cervus elaphus involved in the
        production, growing, breeding, using, harvesting,
        transporting, exporting, importing or marketing of Cervidae
        species or Cervidae products; and
            (2)  does not allow captive bred or captive held Cervidae
        species to be harvested through hunting anywhere on the farm
        operation.]
        * * *
        Section 2.  The definition of "license" in section 2380.1 of
     Title 3 is amended and the section is amended by adding
     definitions to read:
      § 2380.1.  Definitions.
        The following words and phrases when used in this subchapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Cervid."  Any member of the Cervidae family and any hybrid.
        "Cervidae livestock family."  Members of the Cervidae family
     including deer, elk, moose, reindeer, caribou and hybrids of
     these animals owned and maintained by a licensee under this
     subchapter. The term also includes the germ plasm, embryos and
     fertile ova of these animals.
        "Cervidae livestock operation."  A normal agricultural
     operation which contains behind fences privately owned members
     of the Cervidae livestock family involved in the production,
     growing, breeding, using, harvesting, transporting, exporting,
     importing or marketing of Cervidae species or Cervidae products.
     The term does not include an animal slaughter facility regulated
     under Subchapter F (relating to slaughter and processing of
     domestic animals) or a menagerie permitted under section 2964
     (relating to menagerie permits).
        "Harvesting."  Any lethal or nonlethal means of collecting
     cervids or products from cervids on Cervidae livestock
     operations.
        "License."  A license issued by the Department of Agriculture
     to operate a Cervidae livestock operation.
        * * *
        "Normal agricultural operation."  As defined under section 2
     of the act of June 10, 1982 (P.L.454, No.133), entitled "An Act
     protecting agricultural operations from nuisance suits and
     ordinances under certain circumstances."
        Section 3.  Sections 2380.4, 2380.5, 2380.6(a), (c) and (d)
     and 2380.9 of Title 3 are amended to read:
      § 2380.4.  Issuance.
        [The] (a)  Inspection.--The department shall inspect the
     premises of and investigate each applicant. An inspection under
     this subsection may be made by the department or an agent of the
     department, including a licensed doctor of veterinary medicine
     accredited by the department.
        (b)  Issuance.--Subject to subsection (c)(3), the department
     shall issue a license if it determines, after inspection of the
     premises and investigation of the applicant, all of the
     following:
            (1)  The premises, including fences, buildings, equipment
        and sanitary conditions, comply with this subchapter and
        regulations of the department under this subchapter.
            (2)  The applicant [can] is able to conduct a Cervidae
        livestock operation in compliance with this subchapter and
        regulations of the department under this subchapter.
        (c)  Provisional license.--
            (1)  A Cervidae livestock operation which is in operation
        on the effective date of this subsection but which was not,
        prior to the effective date of this subsection, subject to
        licensure shall be granted a provisional license.
            (2)  Within one year of the effective date of this
        subsection, the department shall, for each provisional
        licensee:
                (i)  perform the investigation and inspection under
            this section; and
                (ii)  either issue a license or deny the application.
            (3)  If the department does not comply with the time
        requirement under paragraph (2) for a license application by
        a provisional licensee, a license shall be deemed to be
        issued.
      § 2380.5.  [Renewal] Term; renewal.
        (a)  Term.--A license is valid for a period of [one year.]
     two years from the date of:
            (1)  issuance under section 2380.4(b) (relating to
        issuance);
            (2)  deemed issuance under section 2380.4(c)(3); or
            (3)  renewal under subsection (b).
        (b)  Renewal.--A license [may] shall be renewed upon
     application if the department determines all of the following:
            (1)  The licensee has not been cited for a violation of
        this subchapter or a regulation of the department under this
        subchapter.
            (2)  There is no reason to believe that the licensee
        [cannot] is unable to conduct a Cervidae livestock operation
        in compliance with this subchapter and regulations of the
        department under this subchapter.
      § 2380.6.  Keeping and handling of cervids.
        (a)  Pens[, shelters] and enclosures.--The department shall
     adopt regulations concerning the type [and size] of pens[,
     shelters] and enclosures used for Cervidae livestock operations.
     Regulations shall ensure [that pens, shelters or enclosures used
     to hold cervids are no less] all of the following apply:
            (1)  The fenced enclosure surrounds the outside perimeter
        of the operation and is designed to protect the public and
        confine the privately owned cervids. Regulations under this
        paragraph may require a fence height of not greater than ten
        feet from the ground to the top[,].
            (2)  The premises is adequate to provide for the health
        and comfort of the cervids [and be designed to protect the
        public, confine the cervids and exclude the entity of wild
        cervids].
        * * *
        (c)  Live Cervidae.--Cervids may be brought onto the premises
     through interstate or intrastate commerce and may be removed
     from the premises or relocated to another premises in a manner
     consistent with this chapter and regulations promulgated by the
     department. On delivery of a live cervid, the Cervidae livestock
     operation shall prepare and deliver to the shipper, purchaser or
     consignee a receipt, detailed invoice or consignment document
     including the date, name and address of purchaser or person to
     whom sold or consigned, the quantity, sex and species of the
     cervid and the name and address of the Cervidae livestock
     operation.
        (d)  Dead Cervidae.--Cervids and cervid products may be
     removed from the premises or relocated to another premises in a
     manner consistent with this chapter and regulations promulgated
     by the department. Prior to delivery and removal from the
     Cervidae livestock operation premises, the Cervidae livestock
     operation shall place the dead cervid or part of a cervid in a
     package or container or shall attach a label to it. The package,
     container or label shall have printed upon it the name, address
     and telephone number of the Cervidae livestock operation who
     produced the cervid. The Cervidae livestock operation shall also
     issue a receipt, detailed invoice or consignment document
     including the date of shipment or sale, the name of the shipper,
     purchaser or consignee, the quantity and sex and species of the
     cervid so shipped or sold and the name and address and [permit]
     license number of the Cervidae livestock operation shipping,
     consigning or selling cervids. A dead cervid produced under the
     authority of the Cervidae livestock operation may not be removed
     from its package or container or have removed from it the label
     provided for in this subsection until final consumption or
     disposal.
        * * *
      § 2380.9.  Game and Wildlife Code and regulations.
        [This subchapter supersedes any contrary provision in 34
     Pa.C.S. (relating to game).] (a)  Code.--The provisions of 34
     Pa.C.S. (relating to game) are repealed insofar as they are
     inconsistent with this subchapter.
        (b)  Regulations.--
            (1)  The provisions of 58 Pa. Code Pt. III (relating to
        Game Commission) are abrogated insofar as they are
        inconsistent with this subchapter.
            (2)  Notwithstanding any other provision of law, the
        Pennsylvania Game Commission has no authority to promulgate
        regulations on Cervidae livestock operations.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 29th day of June, A. D. 2006.

     EDWARD G. RENDELL