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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MAHER, SEPTEMBER 21, 2012 |
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| REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, SEPTEMBER 21, 2012 |
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| AN ACT |
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1 | Regulating animal euthanasia; imposing penalties; and making a |
2 | related repeal. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Animal |
7 | Euthanasia Method Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Certified veterinary technician." As defined in section |
13 | 3(13) of the act of December 27, 1974 (P.L.995, No.326), known |
14 | as the Veterinary Medicine Practice Act. |
15 | "Licensed doctor of veterinary medicine" or "veterinarian." |
16 | A person who is currently licensed pursuant to the act of |
17 | December 27, 1974 (P.L.995, No.326), known as the Veterinary |
18 | Medicine Practice Act. |
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1 | "Normal agricultural operation." As defined in 18 Pa.C.S. § |
2 | 5511 (relating to cruelty to animals). |
3 | "Society or association." As defined in 22 Pa.C.S. § 3702 |
4 | (relating to definitions). |
5 | Section 3. Prohibited means of destruction of animals. |
6 | No animal shall be destroyed by means of any of the |
7 | following: |
8 | (1) A high altitude decompression chamber or |
9 | decompression device. |
10 | (2) Carbon monoxide gas. |
11 | (3) Drowning. |
12 | (4) Chloroform, ether, halothane or fluothane for |
13 | animals under seven weeks of age when administered in an |
14 | airtight chamber or transparent plastic bag. |
15 | Section 4. Required method of destruction. |
16 | (a) Required method.--The required method of animal |
17 | destruction shall be by the use of a drug: |
18 | (1) approved by the Food and Drug Administration for |
19 | animal euthanasia; |
20 | (2) used as directed under the veterinary prescription |
21 | legend to result in a humane and painless death; and |
22 | (3) administered by a veterinarian, certified veterinary |
23 | technician or other individual under the supervision of a |
24 | veterinarian. |
25 | (b) Veterinarian.--Except as prohibited under section 3, a |
26 | licensed doctor of veterinary medicine in clinical practice may |
27 | directly administer any method of euthanasia that is consistent |
28 | with both the standard of care as defined by the State Board of |
29 | Veterinary Medicine and the most current version of the American |
30 | Veterinary Medical Association's Guidelines on Euthanasia. |
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1 | (c) Tranquilization.--An animal may be tranquilized with a |
2 | substance approved by the Food and Drug Administration before |
3 | euthanasia commences. |
4 | Section 5. Exclusions. |
5 | (a) Normal agricultural operation activity.--This act shall |
6 | not apply to activity undertaken in normal agricultural |
7 | operation. |
8 | (b) Schools and other entities.--This act shall not apply to |
9 | any of the following: |
10 | (1) A medical school. |
11 | (2) A school of veterinary medicine. |
12 | (3) A research institution affiliated with a hospital or |
13 | university. |
14 | (4) A research facility that is one of the following: |
15 | (i) Registered and inspected under the Animal |
16 | Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.). |
17 | (ii) Subject to the public health service policy on |
18 | the humane care and use of laboratory animals under the |
19 | Public Health Service Act (58 Stat. 682, 42 U.S.C. § 201 |
20 | et seq.). |
21 | (iii) Subject to the provisions of 21 CFR Pt. 58 |
22 | (relating to good laboratory practice for nonclinical |
23 | laboratory studies) or its successor regulation under the |
24 | Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 |
25 | U.S.C. § 301 et seq.) or the Public Health Service Act. |
26 | (c) Method.--Nothing in this act shall prevent a person or |
27 | society or association from destroying a pet animal by means of |
28 | firearms. This subsection shall not apply to dogs in commercial |
29 | kennels, as that term is defined in the act of December 7, 1982 |
30 | (P.L.784, No.225), known as the Dog Law. |
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1 | (d) Feral animals.--This act shall not apply to feral |
2 | animals or animals deemed dangerous. Under no circumstance shall |
3 | this exclusion apply to any cat or dog. |
4 | Section 6. Penalties. |
5 | (a) Destruction of animals.--A person or society or |
6 | association that violates section 3 shall be subject to a fine |
7 | not to exceed $500 per violation day. A person or organization |
8 | that commits a second or subsequent violation of section 3 shall |
9 | be subject to a fine not to exceed $1,000 per violation day. |
10 | (b) Other provisions.--Except as set forth in subsection |
11 | (a): |
12 | (1) A person or society or association that violates |
13 | this act shall be subject to a fine not to exceed $350 per |
14 | violation day. |
15 | (2) A person or society or association that commits a |
16 | second or subsequent violation of this act shall be subject |
17 | to a fine not to exceed $700 per violation day. |
18 | (c) Disposition of fines.--Fines collected under this |
19 | section shall be deposited into the Dog Law Restricted Account. |
20 | Section 7. Use of drugs. |
21 | A society or association may apply to the State Board of |
22 | Pharmacy for registration pursuant to the applicable law for the |
23 | sole purpose of being authorized to purchase, possess and |
24 | administer sodium pentobarbital to destroy injured, sick, |
25 | homeless or unwanted pet animals. A limited license may be |
26 | issued by the board to eligible applicants. A society or |
27 | association so registered shall not permit a person to |
28 | administer sodium pentobarbital unless the person has |
29 | demonstrated adequate knowledge of the potential hazards and |
30 | proper techniques to be used in administering this drug. |
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1 | Section 8. Use of methods of destruction on humans. |
2 | Nothing in this act shall be construed to permit the |
3 | performance of any methods of destruction provided for under |
4 | this act on any human. |
5 | Section 9. Repeal. |
6 | (a) Declaration.--The General Assembly finds and declares |
7 | that the repeal under subsection (b) is necessary to effectuate |
8 | this act. |
9 | (b) Action.--The act of December 22, 1983 (P.L.303, No.83), |
10 | referred to as the Animal Destruction Method Authorization Law, |
11 | is repealed. |
12 | Section 10. Effective date. |
13 | This act shall take effect in 90 days. |
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