SENATE AMENDED PRIOR PRINTER'S NOS. 1981, 2302, 3765 PRINTER'S NO. 4009
No. 1580 Session of 2005
INTRODUCED BY PHILLIPS, B. SMITH, STABACK, BAKER, BELARDI, BIRMELIN, BOYD, CALTAGIRONE, CAPPELLI, CAUSER, CREIGHTON, DALEY, FLEAGLE, GEIST, GEORGE, GERGELY, GILLESPIE, GODSHALL, HANNA, HARRIS, HERSHEY, HESS, HUTCHINSON, M. KELLER, MAJOR, McILHATTAN, R. MILLER, PICKETT, REICHLEY, SATHER, SCAVELLO, STERN, E. Z. TAYLOR, YOUNGBLOOD, SOLOBAY, McNAUGHTON, S. MILLER, DENLINGER AND GOODMAN, MAY 12, 2005
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 1, 2006
AN ACT 1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated 2 Statutes, further providing for the regulation of Cervidae 3 livestock operations. 4 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS: <-- 5 A CERVIDAE LIVESTOCK OPERATION IS A NORMAL AGRICULTURAL 6 OPERATION OF THIS COMMONWEALTH. CERVIDAE LIVESTOCK FACILITIES 7 AND THEIR EQUIPMENT ARE CONSIDERED TO BE AGRICULTURAL 8 FACILITIES AND EQUIPMENT. USES RELATED TO THE FARMING AND 9 HARVESTING OF CERVIDS ARE TO BE CONSIDERED AGRICULTURAL USES 10 REGULATED BY THE DEPARTMENT. 11 THE SECRETARY OF AGRICULTURE SHALL ASSURE THAT CERVIDAE 12 LIVESTOCK OPERATIONS ARE AFFORDED ALL RIGHTS, PRIVILEGES, 13 OPPORTUNITIES AND RESPONSIBILITIES OF NORMAL AGRICULTURAL 14 OPERATIONS. 15 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows: 2 Section 1. The definition of "Cervidae livestock operation" 3 in section 2303 of Title 3 of the Pennsylvania Consolidated 4 Statutes is amended to read: 5 § 2303. Definitions. 6 The following words and phrases when used in this chapter 7 shall have the meanings given to them in this section unless the 8 context clearly indicates otherwise: 9 * * * 10 ["Cervidae livestock operation." A farm operation which: 11 (1) contains behind fences privately owned members of 12 the genus and species cervus elaphus involved in the 13 production, growing, breeding, using, harvesting, 14 transporting, exporting, importing or marketing of Cervidae 15 species or Cervidae products; and 16 (2) does not allow captive bred or captive held Cervidae 17 species to be harvested through hunting anywhere on the farm 18 operation.] 19 * * * 20 Section 2. The definition of "license" in section 2380.1 of 21 Title 3 is amended and the section is amended by adding 22 definitions to read: 23 § 2380.1. Definitions. 24 The following words and phrases when used in this subchapter 25 shall have the meanings given to them in this section unless the 26 context clearly indicates otherwise: 27 * * * 28 "Cervid." Any member of the Cervidae family and any hybrid. 29 "Cervidae livestock family." Members of the Cervidae family 30 including deer, elk, moose, reindeer, caribou and hybrids of 20050H1580B4009 - 2 -
1 these animals owned and maintained by a licensee under this 2 subchapter. The term also includes the germ plasm, embryos and 3 fertile ova of these animals. 4 "Cervidae livestock operation." A normal agricultural 5 operation which contains behind fences privately owned members 6 of the Cervidae livestock family involved in the production, 7 growing, breeding, using, harvesting, transporting, exporting, 8 importing or marketing of Cervidae species or Cervidae products. 9 The term does not include an animal slaughter facility regulated 10 under Subchapter F (relating to slaughter and processing of 11 domestic animals) or a menagerie permitted under 34 Pa.C.S. § 12 2964 (relating to menagerie permits). 13 "Harvesting." Any lethal or nonlethal means of collecting 14 cervids or products from cervids on Cervidae livestock 15 operations. 16 "License." A license issued by the Department of Agriculture 17 to operate a Cervidae livestock operation. 18 * * * 19 "Normal agricultural operation." As defined under section 2 20 of the act of June 10, 1982 (P.L.454, No.133), entitled "An Act 21 protecting agricultural operations from nuisance suits and 22 ordinances under certain circumstances." 23 Section 3. Title 3 is amended by adding a section to read: <-- 24 § 2380.1a. Cervidae livestock operations. 25 (a) General rule.--A Cervidae livestock operation is a 26 normal agricultural operation of this Commonwealth. Cervidae 27 livestock facilities and their equipment are considered to be 28 agricultural facilities and equipment. Uses related to the 29 farming and harvesting of cervids are to be considered 30 agricultural uses regulated by the department. 20050H1580B4009 - 3 -
1 (b) Duty of secretary.--The secretary shall assure that 2 Cervidae livestock operations are afforded all rights, 3 privileges, opportunities and responsibilities of normal 4 agricultural operations. 5 Section 4 3. Sections 2380.2, 2380.4, 2380.5, 2380.6(a), (C) <-- 6 and (d) and 2380.9 of Title 3 are amended to read: 7 § 2380.2. License required. <-- 8 (a) Requirement.--A person may not operate a Cervidae 9 livestock operation within this Commonwealth unless the person 10 has a license. A separate license is required for each Cervidae 11 livestock operation. 12 (b) Classes of licenses.--The department shall establish 13 three classes of licenses for applicants: 14 (1) Class I (Hobby). A Cervidae livestock operation in 15 which members of the Cervidae livestock family may be brought 16 onto the premises through interstate or intrastate commerce. 17 The animals, either alive or dead, may not be removed from 18 the premises except for noncommercial, personal use. 19 (2) Class II (Breeding). A Cervidae livestock operation 20 in which members of the Cervidae livestock family may be 21 brought onto the premises through interstate or intrastate 22 commerce. Live animals or animal products may be sold or 23 transported, either permanently or temporarily, from the 24 premises through interstate or intrastate commerce, including 25 the movement of the animals temporarily for the purpose of 26 exhibition. 27 (3) Class III (Ranch). A Cervidae livestock operation 28 in which members of the Cervidae livestock family may be 29 harvested through the act of taking or killing of the 30 animals, including chasing, tracking, calling, pursuing, 20050H1580B4009 - 4 -
1 lying in wait, shooting at or using any personal property in 2 furtherance of any of these purposes. Cervids may be brought 3 onto the premises through interstate or intrastate commerce. 4 Cervids and animal products may be removed from the premises 5 after being harvested. Live cervids may be removed from the 6 premises and relocated to another premise after the animal 7 has met the conditions of interstate or intrastate transport 8 in a manner consistent with regulations promulgated by the 9 department. 10 (c) Removal of animals.-- 11 (1) In addition to the provisions of subsection (b), 12 cervids may be removed from the licensed premises for any of 13 the following purposes: 14 (i) Prevention of the spread of disease. 15 (ii) Furtherance of the health and welfare of the 16 cervids. 17 (iii) Discontinuance of the operation. 18 (2) Removal of any cervid under this subsection shall be 19 done with the approval of the department or in a manner 20 consistent with regulations promulgated by the department. 21 § 2380.4. Issuance. 22 [The] (a) Inspection.--The department shall inspect the 23 premises of and investigate each applicant. An inspection under 24 this subsection may be made by the department or an agent of the 25 department, including a licensed doctor of veterinary medicine 26 accredited by the department. 27 (b) Issuance.--Subject to subsection (c)(3), the department 28 shall issue a license if it determines, after inspection of the 29 premises and investigation of the applicant, all of the 30 following: 20050H1580B4009 - 5 -
1 (1) The premises, including fences, buildings, equipment 2 and sanitary conditions, comply with this subchapter and 3 regulations of the department under this subchapter. 4 (2) The applicant [can] is able to conduct a Cervidae 5 livestock operation in compliance with this subchapter and 6 regulations of the department under this subchapter. 7 (c) Provisional license.-- 8 (1) A Cervidae livestock operation which is in operation 9 on the effective date of this subsection but which was not, 10 prior to the effective date of this subsection, subject to 11 licensure shall be granted a provisional license in the <-- 12 appropriate classification. 13 (2) Within one year of the effective date of this 14 subsection, the department shall, for each provisional 15 licensee: 16 (i) perform the investigation and inspection under 17 this section; and 18 (ii) either issue a license or deny the application. 19 (3) If the department does not comply with the time 20 requirement under paragraph (2) for a provisional license <-- 21 LICENSE APPLICATION BY A PROVISIONAL LICENSEE, a license <-- 22 shall be deemed to be issued. 23 § 2380.5. [Renewal] TERM; RENEWAL. <-- 24 (a) Term.--A license is valid for a period of [one year] <-- 25 YEAR.] two years from the date of: <-- 26 (1) issuance under section 2380.4(b) (relating to 27 issuance); or <-- 28 (2) deemed issuance under section 2380.4(c)(3); OR <-- 29 (3) RENEWAL UNDER SUBSECTION (B). 30 (b) Determination RENEWAL.--A license [may] shall be renewed <-- 20050H1580B4009 - 6 -
1 upon application if the department determines all of the 2 following: 3 (1) The licensee has not been cited for a violation of 4 this subchapter or a regulation of the department under this 5 subchapter. 6 (2) There is no reason to believe that the licensee 7 [cannot] is unable to conduct a Cervidae livestock operation 8 in compliance with this subchapter and regulations of the 9 department under this subchapter. 10 § 2380.6. Keeping and handling of cervids. 11 (a) Pens[, shelters] and enclosures.--The department shall 12 adopt regulations concerning the type [and size] of pens[, 13 shelters] and enclosures used for Cervidae livestock operations. 14 Regulations shall ensure [that pens, shelters or enclosures] all <-- 15 of the following: 16 (1) The fenced enclosure used to hold cervids [are no 17 less than] is at a height not exceeding ten feet from the 18 ground to the top, surrounding the outside perimeter of the 19 operation, and is designed to protect the public and confine 20 the privately owned cervids. REGULATIONS SHALL ENSURE [THAT <-- 21 PENS, SHELTERS OR ENCLOSURES USED TO HOLD CERVIDS ARE NO 22 LESS] ALL OF THE FOLLOWING APPLY: 23 (1) THE FENCED ENCLOSURE SURROUNDS THE OUTSIDE PERIMETER 24 OF THE OPERATION AND IS DESIGNED TO PROTECT THE PUBLIC AND 25 CONFINE THE PRIVATELY OWNED CERVIDS. REGULATIONS UNDER THIS 26 PARAGRAPH MAY REQUIRE A FENCE HEIGHT OF NOT GREATER THAN TEN 27 FEET FROM THE GROUND TO THE TOP[,]. 28 (2) The premises is adequate to provide for the health 29 and comfort of the cervids [and be designed to protect the 30 public, confine the cervids and exclude the entity of wild 20050H1580B4009 - 7 -
1 cervids]. 2 * * * 3 (C) LIVE CERVIDAE.--CERVIDS MAY BE BROUGHT ONTO THE PREMISES <-- 4 THROUGH INTERSTATE OR INTRASTATE COMMERCE AND MAY BE REMOVED 5 FROM THE PREMISES OR RELOCATED TO ANOTHER PREMISES IN A MANNER 6 CONSISTENT WITH THIS CHAPTER AND REGULATIONS PROMULGATED BY THE 7 DEPARTMENT. ON DELIVERY OF A LIVE CERVID, THE CERVIDAE LIVESTOCK 8 OPERATION SHALL PREPARE AND DELIVER TO THE SHIPPER, PURCHASER OR 9 CONSIGNEE A RECEIPT, DETAILED INVOICE OR CONSIGNMENT DOCUMENT 10 INCLUDING THE DATE, NAME AND ADDRESS OF PURCHASER OR PERSON TO 11 WHOM SOLD OR CONSIGNED, THE QUANTITY, SEX AND SPECIES OF THE 12 CERVID AND THE NAME AND ADDRESS OF THE CERVIDAE LIVESTOCK 13 OPERATION. 14 (d) Dead Cervidae.--CERVIDS AND CERVID PRODUCTS MAY BE <-- 15 REMOVED FROM THE PREMISES OR RELOCATED TO ANOTHER PREMISES IN A 16 MANNER CONSISTENT WITH THIS CHAPTER AND REGULATIONS PROMULGATED 17 BY THE DEPARTMENT. Prior to delivery and removal from the 18 Cervidae livestock operation premises, the Cervidae livestock 19 operation shall place the dead cervid or part of a cervid in a 20 package or container or shall attach a label to it. The package, 21 container or label shall have printed upon it the name, address 22 and telephone number of the Cervidae livestock operation who 23 produced the cervid. The Cervidae livestock operation shall also 24 issue a receipt, detailed invoice or consignment document 25 including the date of shipment or sale, the name of the shipper, 26 purchaser or consignee, the quantity and sex and species of the 27 cervid so shipped or sold and the name and address and [permit] 28 license number of the Cervidae livestock operation shipping, 29 consigning or selling cervids. A dead cervid produced under the 30 authority of the Cervidae livestock operation may not be removed 20050H1580B4009 - 8 -
1 from its package or container or have removed from it the label 2 provided for in this subsection until final consumption or 3 disposal. 4 * * * 5 § 2380.9. Game and Wildlife Code and regulations. 6 [This subchapter supersedes any contrary provision in 34 7 Pa.C.S. (relating to game).] (a) Code.--The provisions of 34 8 Pa.C.S. (relating to game) are repealed insofar as they are 9 inconsistent with this subchapter. 10 (b) Regulations.-- 11 (1) The provisions of 58 Pa. Code Pt. III (relating to 12 Game Commission) are abrogated insofar as they are 13 inconsistent with this subchapter. 14 (2) Notwithstanding any other provision of law, the 15 Pennsylvania Game Commission has no authority to promulgate 16 regulations on Cervidae livestock operations. 17 Section 5. This act shall take effect as follows: <-- 18 (1) The amendment of 3 Pa.C.S. § 2380.2 shall take 19 effect in 120 days. 20 (2) The remainder of this act shall take effect 21 immediately. 22 SECTION 4. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. <-- D6L03VDL/20050H1580B4009 - 9 -