THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY DINNIMAN, ALLOWAY, ARGALL, BAKER, BLAKE, BOSCOLA, BREWSTER, EICHELBERGER, ERICKSON, FARNESE, FERLO, WOZNIAK, YUDICHAK, GREENLEAF, PILEGGI, ORIE, SMUCKER, FONTANA, HUGHES, KASUNIC, KITCHEN, McILHINNEY, PICCOLA, RAFFERTY, SOLOBAY, STACK, SCHWANK, TARTAGLIONE, TOMLINSON, WARD, WASHINGTON, M. WHITE AND WILLIAMS, NOVEMBER 9, 2011

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, NOVEMBER 9, 2011  

AN ACT

Amending the act of December 22, 1983 (P.L.303, No.83), entitled

"An act relating to destruction of pet animals; prohibiting

certain methods of destruction; providing for a limited

license to dispense certain drugs; providing for regulation

and enforcement; providing for use of certain surplus funds;

and providing penalties," further providing for prohibited

means of destroying animals, for methods of destruction of

animals, for exclusions, for use of carbon monoxide systems

and for use of drugs by humane societies and animal shelters;

providing for enforcement; and further providing for

penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1 of the act of December 22, 1983

(P.L.303, No.83), referred to as the Animal Destruction Method

Authorization Law, is amended to read:

Section 1.  Prohibited means of destruction of animals and

exclusive method for dogs and cats.

(a)  General rule.--No animal shall be destroyed by means of

[a] the following:

(1)  A high altitude decompression chamber or

decompression device.

(2)  Carbon monoxide gas from any source.

(3)  Chloroform, ether, halothane, fluothane or any

similar substance, when administered in an airtight chamber

or plastic bag.

(b)  Dogs and cats.--The use of sodium pentobarbital or a

derivative of it shall be the exclusive method for euthanasia of

dogs and cats.

Section 2.  Section 2 of the act is amended by adding a

subsection to read:

Section 2.  Methods of destruction of animals.

* * *

(c)  Exception for dangerous dogs or cats.--

(1)  Notwithstanding subsection (a) and section 1(b), in

cases of extraordinary circumstances where a dog or cat under

the care and control of an animal shelter or a humane society

organization poses an extreme risk or danger to a

veterinarian or euthanasia technician performing euthanasia,

such veterinarian or euthanasia technician may use any other

humane substance or procedure to perform euthanasia on the

dangerous dog or cat.

(2)  All humane substances or procedures utilized by a

facility to euthanize a dog or cat that poses an extreme risk

or danger to a veterinarian or euthanasia technician shall be

publicly posted in the facility.

(3)  The following persons, who in the performance of

their duties of employment have the responsibility for the

care and control of dogs and cats and for the collection of

stray dogs and cats, are subject to this subsection:

(i)  Veterinarians.

(ii)  Euthanasia technicians.

(iii)  Personnel of a humane society organization.

(iv)  Personnel of an animal control organization.

(v)  Personnel of an animal shelter.

(vi)  Operators and employees of a commercial kennel,

as defined in the act of December 7, 1982 (P.L.784,

No.225), known as the Dog Law.

(vii)  Animal control officers.

(4)  For purposes of this subsection, "humane substance

or procedure" means any substance or procedure officially

recognized by the most recent standards of the American

Veterinary Medical Association as an acceptable substance or

procedure for the euthanasia of an animal. The term does not

include the following:

(i)  Any substance or procedure officially

recognized by the most recent standards of the

American Veterinary Medical Association as either a

"conditional" or a "not acceptable" substance or

procedure for the euthanasia of an animal.

(ii)  Any of the following:

(A)  Carbon dioxide gas from any source.

(B)  Electrocution.

(C)  Nitrogen gas.

(D)  Argon gas.

Section 3.  Section 4 of the act is amended to read:

Section 4.  Exclusions.

(a)  General rule.--This act shall not apply to activity

undertaken in a normal agricultural operation.

(b)  Specific entities.--Sections 2 and 3 of this act shall

not apply to:

(1)  a medical school [or];

(2)  a school of veterinary medicine [or];

(3)  a research institution affiliated with a hospital or

university[.]; or

(4)  a research facility registered and inspected under

the Animal Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et

seq.).

(c)  Definition.--  As used in this section, the term "normal

agricultural operation" has the same meaning given in 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." This term does not

include a commercial kennel as defined in section 102 of the act

of December 7, 1982 (P.L.784, No.225), known as the Dog Law.

Section 4. Section 5 of the act is repealed:

[Section 5.  Use of carbon monoxide systems.

(1)  Carbon monoxide gas may be used to destroy animals

seven weeks of age or older.

(2)  Chloroform, ether, halothane or fluothane may be

used to destroy animals under seven weeks of age when

administered in an airtight chamber or transparent plastic

bag providing for segregation of animals by size and age

which is capable of permitting unobstructed visual

observation and which does not permit direct contact with any

device containing chloroform.

(3)  Carbon monoxide gas systems shall consist of and be

equipped with:

(i)  A tightly enclosed cabinet for the purpose of

containing the animals during the destruction process.

(ii)  Internal lighting and a window for direct

visual observation in the cabinet at all times.

(iii)  A gas generation capable of achieving a

concentration of carbon monoxide gas of at least 5%

throughout the cabinet.

(iv)  A gauge or gas concentration indicator or

recording device.

(v)  A means of separating animals from each other

within the cabinet, if the cabinet is of sufficient size

to facilitate more than one animal.

(vi)  A means of fully removing the carbon monoxide

gas from the cabinet upon completion of the destruction

process.

(vii)  If an internal combustion engine is used, a

means of cooling the gas to a temperature not to exceed

115 degrees Fahrenheit at the point of entry into the

cabinet and not to exceed 90 degrees Fahrenheit at any

point in the cabinet as determined by temperature gauges

permanently installed at point of entry and inside the

cabinet.

(viii)  If the gas is generated by an internal

combustion engine, a means of removing or filtering out

all noxious fumes, irritating acids and carbon particles

from the gas before it enters the cabinet.

(ix)  If an internal combustion engine is used, a

means of substantially deadening the sound and vibration

transmission from the engine to the cabinet, by placing

them in separate rooms or soundproof compartments

connecting them with flexible tubing or pipe at least 24

inches in length, so that the noise level within the

cabinet shall not exceed 70 decibels.

(x)  If an internal combustion engine is used, a

means for exhausting the internal combustion engine gas

during the period of engine warmup.

(4)  Upon completion of the destruction process, animals

shall not be removed from the cabinet until the carbon

monoxide gas has been fully removed from the cabinet.]

Section 5.  Section 6 of the act is amended to read:

Section 6.  Humane societies' and animal shelters' use of drugs.

(a)  Limited license.--[On and after the effective date of

this act, a]

(1)  A humane society organization or an animal control

organization may apply to the [Pennsylvania] State Board of

Pharmacy for [registration] a limited license pursuant to the

applicable law for the sole purpose of being authorized to

purchase, possess and administer sodium pentobarbital or a

derivative of it to destroy injured, sick, homeless or

unwanted domestic [pet] animals. A limited license may be

issued by the [board] State Board of Pharmacy to [eligible] 

applicants that meet the eligibility criteria set by the

State Board of Pharmacy. [Any agency so registered]

(2)  An organization licensed under paragraph (1) shall

not permit a person to administer sodium pentobarbital or a

derivative of it unless [such person has demonstrated

adequate knowledge of the potential hazards and proper

techniques to be used in administering this drug.] that

person holds a current euthanasia technician license under

subsection (d).

(3)  Notwithstanding any other provision of this act, if

the Department of Agriculture suspends or revokes an

organization's kennel license under the act of December 7,

1982 (P.L.784, No.225), known as the Dog Law, the

organization's limited license to purchase, possess and

administer sodium pentobarbital or a derivative of it shall

be deemed revoked.

(b)  Regulation and enforcement.--

(1)  The [Pennsylvania Department of Agriculture] State

Board of Pharmacy, in consultation with the department, shall

regulate and enforce the provisions of [this section] 

subsection (a).

(2)  To implement this subsection, the department and the

State Board of Pharmacy shall each:

(i)  issue a statement of policy within 90 days of

the effective date of this paragraph; and

(ii)  promulgate regulations within one year of the

effective date of this paragraph.

(c)  Euthanasia technicians.--

(1)  The State Board of Veterinary Medicine shall

determine the regulation and discipline of euthanasia

technicians by:

(i)  issuing a statement of policy within 90 days of

the effective date of this subsection; and

(ii)  promulgating regulations within one year of the

effective date of this subsection.

(2)  The State Board of Veterinary Medicine may issue a

euthanasia technician license to an applicant who satisfies

all of the following subparagraphs:

(i)  Meets the eligibility criteria established by

the board, which criteria shall include knowledge of the

Commonwealth's law and regulations relating to

euthanasia.

(ii)  Demonstrates adequate knowledge of the

potential hazards and proper techniques to be used in

administration of euthanasia drugs by satisfying one of

the following clauses:

(A)  Successfully completes a euthanasia

technician certification course, including at least

14 hours of instruction, which is approved by:

(I)  the National Animal Control Association;

(II)  the American Humane Association; or

(III)  the Humane Society of the United

States.

(B)  Is a euthanasia technician registered or

licensed under the laws of another state or territory

of the United States which has requirements

substantially similar to the requirements of this

section and presents satisfactory proof to the board

of being engaged in the practice of euthanasia for a

period of at least one year out of the past five

years.

(C)  Meets other requirements established by the

State Board of Veterinary Medicine, which

requirements shall include knowledge of the

Commonwealth's law and regulations relating to

euthanasia.

(3)  The State Board of Veterinary Medicine shall

regulate and enforce the provisions of this subsection.

(d)  Cooperation.--For purposes of administration and

enforcement of subsection (a), the State Board of Pharmacy and

the State Board of Veterinary Medicine may, by agreement with

the department, designate the department to act as their

authorized agent for the limited purposes of inspecting and

monitoring humane society organizations and animal control

organizations, and persons who euthanize animals on behalf of

these organizations, for compliance with the applicable

requirements and any implementing regulations.

Section 6.  The act is amended by adding a section to read:

Section 8.1.  Enforcement agencies.

The Department of Agriculture is authorized to conduct

investigations and to enforce sections 1, 2, 3, 4 and 7.

Section 7.  Section 9 of the act is amended to read:

Section 9.  Penalty.

(a)  Destruction of animals.--Any person or organization

found guilty of violating [the provisions] section 1 or 2(c)(1) 

of this act shall be fined not to exceed [$250] $500 per

violation day. Any person or organization found guilty of

violating section 1 or 2(c)(1) of this act for the second or

subsequent occurrence shall be fined not to exceed $1,000 per

violation day.

(b)  Other provisions.--Any person or organization found

guilty of violating the balance of this act shall be fined not

to exceed $350 per violation day. Any person or organization

found guilty of violating the balance of this act for the second

or subsequent occurrence shall be fined not to exceed $700 per

violation day.

(c)  Disposition of fines.--Fines collected under this

section shall be deposited into the Dog Law Restricted Account.

Section 8.  This act shall take effect in 180 days.