act-2002-0-190•Pennsylvania Act 2002-190 — AGRICULTURE CODE (3 PA.C.S.) - AMEND CERVIDAE LIVESTOCK OPERATIONS, INDEMNIFICATION, DEPOPULATION INCENTIVE, FOOD EMPLOYEE CERTIFICATION ADVISORY BOARD MEMBERSHIP AND DUTIES AND EMPLOYEE CERTIFICATION
Pennsylvania Act 2002-190 — AGRICULTURE CODE (3 PA.C.S.) - AMEND CERVIDAE LIVESTOCK OPERATIONS, INDEMNIFICATION, DEPOPULATION INCENTIVE, FOOD EMPLOYEE CERTIFICATION ADVISORY BOARD MEMBERSHIP AND DUTIES AND EMPLOYEE CERTIFICATION
act-2002-0-1902002 Pa. Act 190Law
Act text
AGRICULTURE CODE (3 PA.C.S.) - AMEND CERVIDAE LIVESTOCK OPERATIONS,
INDEMNIFICATION, DEPOPULATION INCENTIVE, FOOD EMPLOYEE CERTIFICATION
ADVISORY BOARD MEMBERSHIP AND DUTIES AND EMPLOYEE CERTIFICATION
Act of Dec. 9, 2002, P.L. 1495, No. 190 Cl. 03
Session of 2002
No. 2002-190
HB 2842
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, further providing for definitions, for
indemnification, for depopulation incentive, for membership
and duties of the Food Employee Certification Advisory Board
and for certification of employees; and providing for
Cervidae livestock operations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2303 of Title 3 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 2303. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Cervidae livestock operation." A farm operation which:
(1) contains behind fences privately owned members of
the genus and species cervus elaphus involved in the
production, growing, breeding, using, harvesting,
transporting, exporting, importing or marketing of Cervidae
species or Cervidae products; and
(2) does not allow captive bred or captive held Cervidae
species to be harvested through hunting anywhere on the farm
operation.
"Cleanup costs." The costs of indemnification for cleaning,
disinfecting or sanitizing domestic animals, domestic animal
products, equipment, facilities, buildings and other articles,
including all other costs reasonably related to cleanup, when
these costs are incurred either:
(1) as required by a quarantine order issued by the
department under authority of this chapter; or
(2) as part of an agreement pursuant to which the
department is paying a depopulation incentive under authority
of this chapter.
* * *
"Disposal costs." The costs of indemnification for disposing
of domestic animals, domestic animal products, equipment and
other articles, including the cost of transportation for
disposal and all other costs reasonably related to disposal,
when these costs are incurred either:
(1) as required by a quarantine order issued by the
department under authority of this chapter; or
(2) as part of an agreement pursuant to which the
department is paying a depopulation incentive under authority
of this chapter.
* * *
Section 2. Section 2331(a) and (c) of Title 3 are amended
and the section is amended by adding a subsection to read:
§ 2331. Indemnification.
(a) In general.--Whenever a condemned domestic animal,
domestic animal product or other condemned property is
slaughtered or destroyed by order of the department to eradicate
or prevent the spread of dangerous transmissible disease or
contamination by a hazardous substance, the department may
compensate the owner of such domestic animal, domestic animal
product or other condemned property for a portion of the
appraised value of the domestic animal or property and may
compensate a person for cleanup costs and disposal costs or a
portion thereof, provided that such compensation is made in
accordance with this section. Notwithstanding the definition of
"owner" set forth in section 2303 (relating to definitions),
indemnification payments and payments of cleanup costs and
disposal costs made under this section shall be made only to
those persons who have an actual ownership interest in the
domestic animal or other property that is the subject of the
indemnification payment.
* * *
(b.1) Cleanup costs and disposal costs--
(1) The department may pay cleanup costs and disposal
costs incurred on or after October 1, 2001, but prior to the
effective date of this subsection if the cleanup and disposal
activities generating the costs are agreed upon in writing
between the department and the person incurring the costs.
(2) The department may pay cleanup costs and disposal
costs incurred on or after the effective date of this
subsection if the cleanup and disposal activities generating
the costs are agreed upon in writing between the department
and the person incurring the costs in advance of the
performance of the activities.
(3) The amount of cleanup costs and disposal costs which
the department may pay under this section shall be limited by
the availability of funds for this purpose.
(c) Forfeiture.--A person shall not be eligible for any
indemnity payment [or], depopulation incentive payment, cleanup
cost payment or disposal cost payment under this chapter for any
domestic animal, group of domestic animals, domestic animal
product or other article if such person has been determined by
the department to have committed a violation of any provision of
this chapter or order, rule or regulation adopted under
authority of this chapter that has resulted in the condemnation
for which indemnity would be paid. A person shall not be
eligible for any indemnity payment [or], depopulation incentive
payment, cleanup cost payment or disposal cost payment with
respect to any domestic animal or group of domestic animals
having a condition of disease or contamination which the
department has determined to have been directly caused by the
person's willful misuse of a pesticide or a hazardous substance.
* * *
Section 3. Section 2332(a) of Title 3 is amended to read:
§ 2332. Depopulation incentive.
(a) Generally.--If a domestic animal, domestic animal
product or other property has not been condemned under authority
of this chapter, the department shall have the discretion to pay
to the owner of any domestic animal or other property a sum
which shall not exceed 33% of the appraised value of that
domestic animal or other property and may compensate a person
for cleanup costs and disposal costs or a portion thereof in
consideration of that owner or other authorized person
voluntarily slaughtering or destroying that domestic animal or
other property and implementing cleanup and disposal measures in
accordance with this chapter and with the prior agreement of the
department. This discretion may be exercised only upon the
department's determination that the destruction and disposal of
the domestic animal or other property serves to protect public
health, the safety or quality of the food supply or the economic
well-being of domestic animal industries. Payment of a
depopulation incentive under this section is limited by the
availability of funds for this purpose.
* * *
Section 4. Chapter 23 of Title 3 is amended by adding a
subchapter to read:
SUBCHAPTER G.1
CERVIDAE LIVESTOCK OPERATIONS
Sec.
2380. Definitions.
2380.1. License required.
2380.2. Application.
2380.3. Issuance.
2380.4. Renewal.
2380.5. Keeping and handling of cervids.
2380.6. Periodic inspections.
2380.7. Violations by licensees.
2380.8. Game and Wildlife Code.
§ 2380. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." A person applying for a license.
"License." A license issued by the Department of Agriculture
to operate Cervidae livestock operation.
"Licensee." A person that holds a license.
§ 2380.1. License required.
A person may not operate a Cervidae livestock operation
within this Commonwealth unless the person has a license. A
separate license is required for each Cervidae livestock
operation.
§ 2380.2. Application.
An application for licensure, including license renewal, must
be made on a form prescribed by the department.
§ 2380.3. Issuance.
The department shall issue a license if it determines, after
inspection of the premises and investigation of the applicant,
all of the following:
(1) The premises, including fences, buildings, equipment
and sanitary conditions, comply with this subchapter and
regulations of the department under this subchapter.
(2) The applicant can conduct a Cervidae livestock
operation in compliance with this subchapter and regulations
of the department under this subchapter.
§ 2380.4. Renewal.
A license is valid for a period of one year. A license may be
renewed upon application if the department determines all of the
following:
(1) The licensee has not been cited for a violation of
this subchapter or a regulation of the department under this
subchapter.
(2) There is no reason to believe that the licensee
cannot conduct a Cervidae livestock operation in compliance
with this subchapter and regulations of the department under
this subchapter.
§ 2380.5. Keeping and handling of cervids.
(a) Pens, shelters and enclosures.--The department shall
adopt regulations concerning the type and size of pens, shelters
and enclosures used for Cervidae livestock operations.
Regulations shall ensure that pens, shelters or enclosures used
to hold cervids are no less than ten feet from the ground to the
top, provide for the health and comfort of the cervids and be
designed to protect the public, confine the cervids and exclude
the entity of wild cervids.
(b) Marking cervids contained at Cervidae livestock
operations.--A person may not transfer possession of a cervid
unless that cervid is marked by both of the following:
(1) At least one permanent unique identifier, such as a
legible tattoo, United States Department of Agriculture
(USDA) approved ear tag, breed registration or other
department-approved identification method. If a microchip is
used, the cervid owner must provide the necessary reader.
(2) At least one temporary identifier.
(c) Live Cervidae.--On delivery of a live cervid the
Cervidae livestock operation shall prepare and deliver to the
shipper, purchaser or consignee a receipt, detailed invoice or
consignment document including the date, name and address of
purchaser or person to whom sold or consigned, the quantity, sex
and species of the cervid and the name and address of the
Cervidae livestock operation.
(d) Dead Cervidae.--Prior to delivery and removal from the
Cervidae livestock operation premises, the Cervidae livestock
operation shall place the dead cervid or part of a cervid in a
package or container or shall attach a label to it. The package,
container or label shall have printed upon it the name, address
and telephone number of the Cervidae livestock operation who
produced the cervid. The Cervidae livestock operation shall also
issue a receipt, detailed invoice or consignment document
including the date of shipment or sale, the name of the shipper,
purchaser or consignee, the quantity and sex and species of the
cervid so shipped or sold and the name and address and permit
number of the Cervidae livestock operation, shipping, consigning
or selling cervids. A dead cervid produced under the authority
of the Cervidae livestock operation may not be removed from its
package or container or have removed from it the label provided
for in this subsection until final consumption or disposal.
(e) Receipt for shipping cervids.--Each shipment of cervids
living or dead or parts of cervids raised or held on a Cervidae
livestock operation shall be accompanied by a receipt, detailed
invoice or consignment document issued by the Cervidae livestock
operation describing the shipment and stating the origin of the
shipment, date, what is being shipped, destination and any other
information required by the department. The receipt, detailed
invoice or consignment document shall be available for
examination during normal business hours until the shipment
reaches its final destination, at which time it becomes part of
the consignee's record. The consignee's record shall be retained
for three years.
(f) Records.--A Cervidae livestock operation shall maintain
records of acquisitions and disposals of cervids as well as
cervids born and slaughtered on the premises. Records shall be
in ink, written in English, and include the full name and
address of the person with whom a transaction is conducted.
Records shall be available for inspection at reasonable hours.
Entries shall be made on the day of transaction. The records
shall be kept for three years and shall be the basis of any
reports required by the department.
(g) Importation.--Before importing a cervid, the licensee
must first obtain an importation permit from the department. An
application for an importation permit must state the name and
address of the applicant, name and address of the person
supplying the cervid, common and scientific name and number of
cervids to be covered by the permit, purpose for which the
cervid is being imported, qualifications of the applicant to use
the cervid for the stated purpose and the location where the
cervid will be housed or retained. The application must be
received by the department at least ten days prior to the
proposed import date. If the cervid is to be purchased at
auction, the name and address of the person supplying the cervid
and number of cervids purchased shall be reported to the
department by telephone, fax or electronic means on the date of
purchase. The permittee must receive a confirmation number
before the animal is imported. A copy of the completed permit
shall be forwarded to the permittee.
§ 2380.6. Periodic inspections.
During regular business hours, the department is authorized
to inspect the premises of a licensee for compliance with this
subchapter and regulations under this subchapter.
§ 2380.7. Violations by licensees.
(a) Notice.--The department must provide a licensee with
written notice of a violation of this subchapter or a regulation
under this subchapter. The notice must provide a time period
within which to correct the violation.
(b) Sanctions.--
(1) If the licensee does not correct a violation
specified in a notice under subsection (a) within the
specified time period, the department may take the following
actions:
(i) Suspend the license.
(ii) Revoke the license.
(iii) Seek enforcement under section 2383 (relating
to enforcement and penalties).
(2) Paragraph (1)(i) and (ii) are subject to 2 Pa.C.S.
Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
review of Commonwealth agency action).
§ 2380.8. Game and Wildlife Code.
This subchapter supersedes any contrary provision in 34
Pa.C.S. (relating to game).
Section 5. Section 6503(a) of Title 3 is amended and the
section is amended by adding a subsection to read:
§ 6503. Certification advisory board and programs.
(a) Members of board.--The secretary shall appoint persons
to serve as members of the Food Employee Certification Advisory
Board. Representatives shall be selected to represent the
following groups for a term of two, three or four years to be
determined by the secretary:
(1) The chairman and minority chairman of the
Agricultural and Rural Affairs Committee of the Senate or
their designees and the chairman and minority chairman of the
Agricultural and Rural Affairs Committee of the House of
Representatives or their designees.
(2) A consumer representative.
(3) The Secretary of Agriculture or the secretary's
designee.
(4) Two representatives of production agriculture.
(5) Representatives, including at least one person
recommended by each of the following: Pennsylvania
Association of Milk Dealers, Pennsylvania Restaurant
Association, Pennsylvania Food Merchants Association,
Pennsylvania Convenience Store Council, Pennsylvania Bakers
Association, Pennsylvania Food Processors Association,
National Federation of Independent Businesses, Pennsylvania
Petroleum Marketers & Convenience Store Association, Local
1776 UFCW, Pennsylvania Retailers Association, the Licensed
Beverage Association, Pennsylvania Tourism and Lodging
Association, Associated Petroleum Industries, Pennsylvania
Veterinary Medical Association, County Commissioners
Association of Pennsylvania, Pennsylvania League of Cities
and Municipalities, Pennsylvania State Association of
Boroughs, Pennsylvania State Association of Township
Commissioners, Pennsylvania State Association of Township
Supervisors and Pennsylvania School Food Service Association.
At least one representative shall have experience in the
field of public health.
* * *
(c.1) Other duties.--For the purpose of complying with the
requirements of section 6504(g)(1), the secretary shall convene
a meeting of the advisory board no later than March 1, 2003.
* * *
Section 6. Section 6504(c) and (g) of Title 3 are amended to
read:
§ 6504. Certification of employees.
* * *
(c) Compliance.--
[(1) Compliance with this chapter by a food
establishment shall be optional until July 1, 2003. Section
6503(e) (relating to certification advisory board and
programs) shall not apply to a food establishment prior to
July 1, 2003, unless that food establishment complies with
this chapter. On or after July 1, 2003, compliance with this
chapter by a food establishment shall be mandatory unless a
resolution to the contrary has been adopted prior to December
1, 2002, in accordance with this subsection. The President
pro tempore of the Senate and the Speaker of the House of
Representatives shall cause to be placed on their respective
calendars for the first legislative day after November 1,
2002, the question, in the form of a resolution, of whether
the food employee certification program shall remain optional
for food employees of food establishments in this
Commonwealth. If a majority of the members elected to each
house approve such a resolution, the resolution shall be
presented to the Governor for approval or disapproval in
accordance with section 9 of Article III of the Constitution
of Pennsylvania.]
(2) A food establishment exempt under section 6510(d)
(relating to exemptions) may voluntarily seek certification
under this section.
(3) Except as provided in section 6510, compliance with
this chapter by a food establishment shall be mandatory by
July 1, 2004. Section 6503(e) (relating to certification
advisory board and programs) shall not apply to any food
establishment prior to July 1, 2004, unless that food
establishment complies with this chapter.
* * *
(g) Training program.--
(1) Training programs to prepare candidates for
certification examinations and the administration of the
examination shall be made available throughout this
Commonwealth through cooperation with industry and others and
approved by the department. In order to meet the requirements
of this paragraph, the department shall promulgate
regulations with the approval of the board no later than July
1, 2004, which establish training programs providing for the
following considerations which include:
(i) The existence and operation of a department-
approved employee training program on safe food handling
conducted by the food establishment.
(ii) The limited handling of potentially hazardous
food.
(iii) The number of hours necessary to prepare
employees for safe food handling due to the food
establishment's scope of business.
(iv) The demonstration of satisfactory knowledge and
proficiency in the safe handling of food as approved by
the department.
(2) The department shall develop and administer a
training program for food establishments voluntarily seeking
certification under subsection (c)(2). The General Assembly
may appropriate funds to offset the cost of the program for
food establishments exempt under section 6510(d).
Section 7. The amendment of 3 Pa.C.S. §§ 2303, 2331 and 2332
shall apply to cleanup costs and disposal costs incurred on or
after October 1, 2001.
Section 8. Any action or the effect of any inaction by the
General Assembly under 3 Pa.C.S. § 6504(c)(1) prior to the
effective date of this act shall be considered null and void.
Section 9. This act shall take effect as follows:
(1) The addition of 3 Pa.C.S. § 2380.1 shall take effect
in 120 days.
(2) The remainder of this act shall take effect
immediately.
APPROVED--The 9th day of December, A. D. 2002.
MARK S. SCHWEIKER
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