SENATE AMENDED
PRIOR PRINTER'S NOS. 394, 1431, 1884, PRINTER'S NO. 2345
2289
No. 350 Session of 1983
INTRODUCED BY MURPHY, RYAN, COWELL, CALTAGIRONE, TRELLO,
MICHLOVIC, VAN HORNE, GREENWOOD, DAWIDA AND DONATUCCI,
MARCH 1, 1983
AS AMENDED ON SECOND CONSIDERATION, IN SENATE,
DECEMBER 13, 1983
AN ACT
1 Relating to euthanasia DESTRUCTION of pet animals; prohibiting <--
2 certain methods of euthanasia DESTRUCTION; and requiring <--
3 certain training in the administration of drugs; PROVIDING <--
4 FOR A LIMITED LICENSE TO DISPENSE CERTAIN DRUGS; PROVIDING
5 FOR REGULATION AND ENFORCEMENT; PROVIDING FOR USE OF CERTAIN <--
6 SURPLUS FUNDS; and providing penalties.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Prohibited means of euthanasia DESTRUCTION OF <--
10 ANIMALS.
11 No animal shall be euthanized DESTROYED by means of a high <--
12 altitude decompression chamber or decompression device.
13 Section 2. Methods of euthanasia DESTRUCTION OF ANIMALS. <--
14 (a) Required method.--The required method of euthanasia <--
15 DESTRUCTION shall be by the administration of an overdose of a <--
16 barbiturate, barbiturate combinations, drug or drug combinations
17 approved for this purpose by the Federal Drug Administration and
1 in accordance with guidelines established by the Pennsylvania
2 Department of Agriculture.
3 (b) Authorized method.--Nothing in this act shall prevent a <--
4 person or Humane Society organization from euthanizing a pet
5 animal by means of firearms. CHLOROFORM, ETHER, HALOTHANE OR <--
6 FLUOTHANE MAY BE USED TO PERFORM EUTHANASIA ON ANIMALS UNDER
7 SEVEN WEEKS OF AGE WHEN ADMINISTERED IN AN AIRTIGHT CHAMBER OR
8 TRANSPARENT PLASTIC BAG PROVIDING FOR SEGREGATION OF ANIMALS BY
9 SIZE AND AGE WHICH IS CAPABLE OF PERMITTING UNOBSTRUCTED VISUAL
10 OBSERVATION AND WHICH DOES NOT PERMIT DIRECT CONTACT WITH ANY
11 DEVICE CONTAINING CHLOROFORM. NOTHING IN THIS ACT SHALL PREVENT <--
12 A PERSON OR HUMANE SOCIETY ORGANIZATION FROM DESTROYING A PET
13 ANIMAL BY MEANS OF FIREARMS.
14 Section 3. Administration of drugs.
15 The barbiturates, barbiturate combinations or other Federal
16 Drug Administration approved drugs or drug combinations shall be
17 administered by intravenous, intraperitoneal or intracardiac
18 injections or orally by a licensed veterinarian or by a person <--
19 trained in the proper restraint, handling determination of death
20 and injection by the methods approved in this section by a
21 licensed veterinarian. The training shall be at least four hours
22 in duration and the person shall be certified as competent, in
23 writing, by that veterinarian AS SET FORTH IN SECTION 5 6. <--
24 Section 4. Exclusions.
25 Sections 2 and 3 of this act shall not apply to a medical
26 school or school of veterinary medicine or a research
27 institution affiliated with a hospital or university.
28 Section 5. Use of carbon monoxide euthanasia systems. <--
29 (1) Carbon monoxide gas may be used to perform <--
30 euthanasia on animals seven weeks of age or older.
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1 (2) Chloroform, ether, halothane or fluothane may be
2 used to perform euthanasia on animals under seven weeks of
3 age when administered in an airtight chamber or transparent
4 plastic bag providing for segregation of animals by size and
5 age which is capable of permitting unobstructed visual
6 observation and which does not permit direct contact with any
7 device containing chloroform.
8 (3) Carbon monoxide gas systems shall consist of and be
9 equipped with:
10 (i) A tightly enclosed cabinet for the purpose of
11 containing the animals during the euthanasia process.
12 (ii) Internal lighting and a window for direct
13 visual observation in the cabinet at all times.
14 (iii) A gas generation capable of achieving a
15 concentration of carbon monoxide gas of at least 5%
16 throughout the cabinet.
17 (iv) A gauge or gas concentration indicator or
18 recording device.
19 (v) A means of separating animals from each other
20 within the cabinet, if the cabinet is of sufficient size
21 to facilitate more than one animal.
22 (vi) A means of fully removing the carbon monoxide
23 gas from the cabinet upon completion of the euthanasia
24 process.
25 (vii) If an internal combustion engine is used, a
26 means of cooling the gas to a temperature not to exceed
27 115 degrees Fahrenheit at the point of entry into the
28 cabinet and not to exceed 90 degrees Fahrenheit at any
29 point in the cabinet as determined by temperature gauges
30 permanently installed at point of entry and inside the
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1 cabinet.
2 (viii) If the gas is generated by an internal
3 combustion engine, a means of removing or filtering out
4 all noxious fumes, irritating acids and carbon particles
5 from the gas before it enters the cabinet.
6 (ix) If an internal combustion engine is used, a
7 means of substantially deadening the sound and vibration
8 transmission from the engine to the cabinet, by placing
9 them in separate rooms or soundproof compartments
10 connecting them with flexible tubing or pipe at least 24
11 inches in length, so that the noise level within the
12 cabinet shall not exceed 70 decibels.
13 (x) If an internal combustion engine is used, a
14 means for exhausting the internal combustion engine gas
15 during the period of engine warmup.
16 (4) Upon completion of the euthanasia process, animals
17 shall not be removed from the cabinet until the carbon
18 monoxide gas has been fully removed from the cabinet.
19 SECTION 5. USE OF CARBON MONOXIDE SYSTEMS. <--
20 (1) CARBON MONOXIDE GAS MAY BE USED TO DESTROY ANIMALS
21 SEVEN WEEKS OF AGE OR OLDER.
22 (2) CHLOROFORM, ETHER, HALOTHANE OR FLUOTHANE MAY BE
23 USED TO DESTROY ANIMALS UNDER SEVEN WEEKS OF AGE WHEN
24 ADMINISTERED IN AN AIRTIGHT CHAMBER OR TRANSPARENT PLASTIC
25 BAG PROVIDING FOR SEGREGATION OF ANIMALS BY SIZE AND AGE
26 WHICH IS CAPABLE OF PERMITTING UNOBSTRUCTED VISUAL
27 OBSERVATION AND WHICH DOES NOT PERMIT DIRECT CONTACT WITH ANY
28 DEVICE CONTAINING CHLOROFORM.
29 (3) CARBON MONOXIDE GAS SYSTEMS SHALL CONSIST OF AND BE
30 EQUIPPED WITH:
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1 (I) A TIGHTLY ENCLOSED CABINET FOR THE PURPOSE OF
2 CONTAINING THE ANIMALS DURING THE DESTRUCTION PROCESS.
3 (II) INTERNAL LIGHTING AND A WINDOW FOR DIRECT
4 VISUAL OBSERVATION IN THE CABINET AT ALL TIMES.
5 (III) A GAS GENERATION CAPABLE OF ACHIEVING A
6 CONCENTRATION OF CARBON MONOXIDE GAS OF AT LEAST 5%
7 THROUGHOUT THE CABINET.
8 (IV) A GAUGE OR GAS CONCENTRATION INDICATOR OR
9 RECORDING DEVICE.
10 (V) A MEANS OF SEPARATING ANIMALS FROM EACH OTHER
11 WITHIN THE CABINET, IF THE CABINET IS OF SUFFICIENT SIZE
12 TO FACILITATE MORE THAN ONE ANIMAL.
13 (VI) A MEANS OF FULLY REMOVING THE CARBON MONOXIDE
14 GAS FROM THE CABINET UPON COMPLETION OF THE DESTRUCTION
15 PROCESS.
16 (VII) IF AN INTERNAL COMBUSTION ENGINE IS USED, A
17 MEANS OF COOLING THE GAS TO A TEMPERATURE NOT TO EXCEED
18 115 DEGREES FAHRENHEIT AT THE POINT OF ENTRY INTO THE
19 CABINET AND NOT TO EXCEED 90 DEGREES FAHRENHEIT AT ANY
20 POINT IN THE CABINET AS DETERMINED BY TEMPERATURE GAUGES
21 PERMANENTLY INSTALLED AT POINT OF ENTRY AND INSIDE THE
22 CABINET.
23 (VIII) IF THE GAS IS GENERATED BY AN INTERNAL
24 COMBUSTION ENGINE, A MEANS OF REMOVING OR FILTERING OUT
25 ALL NOXIOUS FUMES, IRRITATING ACIDS AND CARBON PARTICLES
26 FROM THE GAS BEFORE IT ENTERS THE CABINET.
27 (IX) IF AN INTERNAL COMBUSTION ENGINE IS USED, A
28 MEANS OF SUBSTANTIALLY DEADENING THE SOUND AND VIBRATION
29 TRANSMISSION FROM THE ENGINE TO THE CABINET, BY PLACING
30 THEM IN SEPARATE ROOMS OR SOUNDPROOF COMPARTMENTS
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1 CONNECTING THEM WITH FLEXIBLE TUBING OR PIPE AT LEAST 24
2 INCHES IN LENGTH, SO THAT THE NOISE LEVEL WITHIN THE
3 CABINET SHALL NOT EXCEED 70 DECIBELS.
4 (X) IF AN INTERNAL COMBUSTION ENGINE IS USED, A
5 MEANS FOR EXHAUSTING THE INTERNAL COMBUSTION ENGINE GAS
6 DURING THE PERIOD OF ENGINE WARMUP.
7 (4) UPON COMPLETION OF THE DESTRUCTION PROCESS, ANIMALS
8 SHALL NOT BE REMOVED FROM THE CABINET UNTIL THE CARBON
9 MONOXIDE GAS HAS BEEN FULLY REMOVED FROM THE CABINET.
10 SECTION 5 6. HUMANE SOCIETIES' AND ANIMAL SHELTERS' USE OF DRUGS. <--
11 (A) LIMITED LICENSE.--ON AND AFTER THE EFFECTIVE DATE OF
12 THIS ACT, A HUMANE SOCIETY ORGANIZATION OR AN ANIMAL CONTROL
13 ORGANIZATION MAY APPLY TO THE PENNSYLVANIA STATE BOARD OF
14 PHARMACY FOR REGISTRATION PURSUANT TO THE APPLICABLE LAW FOR THE
15 SOLE PURPOSE OF BEING AUTHORIZED TO PURCHASE, POSSESS AND
16 ADMINISTER SODIUM PENTOBARBITAL TO EUTHANIZE DESTROY INJURED, <--
17 SICK, HOMELESS OR UNWANTED DOMESTIC PET ANIMALS. A LIMITED
18 LICENSE MAY BE ISSUED BY THE BOARD TO ELIGIBLE APPLICANTS. ANY
19 AGENCY SO REGISTERED SHALL NOT PERMIT A PERSON TO ADMINISTER
20 SODIUM PENTOBARBITAL UNLESS SUCH PERSON HAS DEMONSTRATED
21 ADEQUATE KNOWLEDGE OF THE POTENTIAL HAZARDS AND PROPER
22 TECHNIQUES TO BE USED IN ADMINISTERING THIS DRUG.
23 (B) REGULATION AND ENFORCEMENT.--THE PENNSYLVANIA DEPARTMENT
24 OF AGRICULTURE SHALL REGULATE AND ENFORCE THE PROVISIONS OF THIS
25 SECTION.
26 Section 6 7. Existing devices. <--
27 Any humane society organization or any other similar
28 organization which, on the effective date of this act, has in
29 its possession a chamber or device, the use of which is
30 prohibited by this act, shall, within 30 days of the effective
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1 date of this act, dismantle and render inoperative the chamber
2 or device.
3 SECTION 8. SURPLUS FUNDS. <--
4 WHENEVER THE SECRETARY OF AGRICULTURE DECLARES THAT THERE IS
5 A SURPLUS OF MONEY IN THE DOG LAW RESTRICTED ACCOUNT, HE MAY
6 PROVIDE PAYMENT TO THOSE PERSONS WHO QUALIFY UNDER RULES AND
7 REGULATIONS OF THE DEPARTMENT OF AGRICULTURE FOR REIMBURSEMENT
8 OF LOSSES SUSTAINED AS A RESULT OF COMPLIANCE WITH THE
9 PROVISIONS OF THIS ACT.
10 Section 7 9. Penalty. <--
11 Any person or organization found guilty of violating the
12 provisions of this act shall be fined not to exceed $250 per
13 violation day.
14 SECTION 10. METHODS OF DESTRUCTION UNAFFECTED. <--
15 NOTHING IN THIS ACT SHALL BE CONSTRUED TO PERMIT THE
16 PERFORMANCE OF ANY METHODS OF DESTRUCTION PROVIDED FOR HEREIN ON
17 ANY HUMAN PERSON.
18 Section 8 11. Effective date. <--
19 This act shall take effect in six months.
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