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, WILLIAMS, MENSCH, LEACH AND BROWNE, NOVEMBER 9, 2011

SENATOR VOGEL, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED, DECEMBER 14, 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," adding definitions; further

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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 

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further providing for penalties; and making editorial

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changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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(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.

Section 1.  The act of December 22, 1983 (P.L.303, No.83),

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referred to as the Animal Destruction Method Authorization Law,

is amended by adding a chapter to read: 

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Animal

Destruction Method Authorization Law.

Section 102.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Acceptable agents and methods of euthanasia."  The

chemicals, agents and methods published as acceptable in the

most current version of the American Veterinary Medical

Association's Guidelines on Euthanasia. The term does not

include conditionally acceptable or unacceptable chemicals,

agents and methods of euthanasia as published in the most

current version of the American Veterinary Medical Association's

Guidelines on Euthanasia.

"Board."  The State Board of Veterinary Medicine.

"Department."  The Department of Agriculture of the

Commonwealth.

"Normal agricultural operation."  As defined under section 2

of the act of June 10, 1982 (P.L.454, No.133), referred to as

the Right-to-Farm Law.

"Small domestic animals."  Cats, dogs, rabbits, mice, rats,

hamsters, ferrets, birds, reptiles and amphibians.

Section 2.  The act is amended by adding a chapter heading to

read:

CHAPTER 3

METHODOLOGY

Section 3.  Sections 1, 2, 3 and 4 of the act are renumbered

and amended to read:

Section [1] 301.  Prohibited means of destruction of animals.

No animal shall be destroyed by means of [a] the following:

(1)  A high altitude decompression chamber or

decompression device.

(2)  Unacceptable agents and methods published in the

most current version of the American Veterinary Medical

Association's Guidelines on Euthanasia.

Section [2] 302.  Methods of destruction of animals and

exclusive method for small domestic animals.

(a)  Required method.--The required method of destruction

shall be by the administration of an overdose of a barbiturate,

barbiturate combinations, drug or drug combinations approved for

this purpose by the Federal Drug Administration and in

accordance with guidelines established by the [Pennsylvania

Department of Agriculture] department.

(b)  Authorized method.--Nothing in this act shall prevent a

person or humane society organization from destroying a pet

animal by means of firearms.

(c)  Small domestic animals.--The use of sodium pentobarbital

or a derivative of it shall be the exclusive method for

euthanasia of small domestic animals. In the event sodium

pentobarbital or a derivative of it becomes unavailable do to

lack of manufacturer supply, the board may issue a waiver of the

requirements of this section which would permit the use of any

other acceptable injectable agents or method of euthanasia.

(d)  Exception for dangerous small domestic animals.--

Notwithstanding subsections (a) and (c), the following apply in

situations with a dangerous small domestic animal:

(1)  In cases where a small domestic animal under the

care and control of an animal shelter or a humane society

organization poses a risk or danger to a veterinarian or

euthanasia technician performing euthanasia or to personnel

of the animal shelter or humane society organization, such

veterinarian or euthanasia technician may use any other

acceptable agents and methods of euthanasia, except carbon

monoxide from any source.

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

their duties of employment have the responsibility for the

care and control of small domestic animals, 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.

Section [3] 303.  Administration of drugs.

The barbiturates, barbiturate combinations or other Federal

Drug Administration approved drugs or drug combinations shall be

administered by intravenous, intraperitoneal or intracardiac

injections or orally by a licensed veterinarian or as set forth

in section [6] 305.

Section [4] 304.  Exclusions.

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

undertaken in a normal agricultural operation.

(b)  Specific entities.--The following exclusions apply:

(1)  Sections [2 and 3 of this act] 302 and 303 shall not

apply to:

(i)  a medical school [or];

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

(iii)  a research institution affiliated with a

hospital or university[.]; or

(iv)  a research facility registered and inspected

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

§ 2131 et seq.).

(2)  Notwithstanding sections 302 and 303, a veterinarian

in a private clinical practice may use any acceptable agent

and method of euthanasia, except carbon monoxide from any

source.

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 Renumbered and amended to

read:

Section [6] 305.  Humane societies' and animal shelters' use of

drugs.

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

this act, a] The following apply to humane societies and animal

shelters:

(1)  A humane society organization or [an animal control

organization] animal shelter may apply to the [Pennsylvania

State Board of Pharmacy for registration pursuant to the

applicable law for the sole purpose of being authorized to

purchase, possess and administer sodium pentobarbital to

destroy injured, sick, homeless or unwanted domestic pet

animals. A limited license may be issued by the board to

eligible applicants. Any agency so registered shall not

permit a person to administer sodium pentobarbital unless

such person has demonstrated adequate knowledge of the

potential hazards and proper techniques to be used in

administering this drug.] State Board of Veterinary Medicine

for a limited license pursuant to the applicable law for the

sole purpose of being authorized to purchase, possess and

administer drugs approved for euthanasia under subsection (c)

to destroy injured, sick, homeless or unwanted small domestic

animals. A limited license may be issued by the State Board

of Pharmacy to applicants that meet the eligibility criteria

set by the State Board of Veterinary Medicine.

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

not permit a person to administer drugs approved for

euthanasia unless that person holds a current euthanasia

technician license under subsection (c).

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

the department 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.--The following regulation

and enforcement provisions shall apply:

(1)  The [Pennsylvania Department of Agriculture] board 

shall regulate and enforce the provisions of [this section]

subsection (a).

(2)  To implement this subsection, the board shall:

(i)  issue a statement of policy within 120 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.--The following shall apply to

euthanasia technicians:

(1)  The board shall determine the regulation and

discipline of euthanasia technicians by:

(i)  issuing a statement of policy within 120 days of

the effective date of this subsection; and

(ii)  promulgating regulations within one year of the

effective date of this subsection.

(2)  The board may issue a euthanasia technician license

to an applicant who satisfies all of the following:

(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 all

requirements of the board and at least one of the

following:

(A)  Successfully completes a euthanasia

technician certification course, including at least

14 hours of instruction, which is approved by the

board and administered by any of the following

providers:

(I)  the National Animal Control Association;

(II)  the American Humane Association;

(III)  the Humane Society of the United

States;

(IV)  the Pennsylvania Veterinary Medical

Association;

(V)  the University of Pennsylvania School of

Veterinary Medicine; or

(VI)  Federated Humane Societies of

Pennsylvania.

(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

board.

(3)  The board shall regulate and enforce the provisions

of this subsection.

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

enforcement of subsection (a), the board may, by agreement with

the department, designate the department to act as its

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

Section 306.  Disclosure.

Upon request, any veterinarian, animal shelter or humane

society organization utilizing an euthanasia method for the

destruction of small animals must disclose all methods that are

utilized by the entity.

Section 6.  The act is amended by adding a chapter heading to

read:

CHAPTER 5

ADMINISTRATION AND ENFORCEMENT

Section 7.  Sections 7 and 8 of the act are renumbered to

read:

Section [7] 501.  Existing devices.

Any humane society organization or any other similar

organization which, on the effective date of this act, has in

its possession a chamber or device, the use of which is

prohibited by this act, shall, within 30 days of the effective

date of this act, dismantle and render inoperative the chamber

or device.

Section [8] 502.  Surplus funds.

Whenever the Secretary of Agriculture declares that there is

a surplus of money in the Dog Law Restricted Account, he may

provide payment to those persons who qualify under rules and

regulations of the department for reimbursement of losses

sustained as a result of compliance with the provisions of this

act.

Section 8.  The act is amended by adding a section to read:

Section 503.  Enforcement agencies.

The department is authorized to conduct investigations and to

enforce sections 301, 302, 304 and 305.

Section 9.  Section 9 of the act is Renumbered and amended to

read:

Section [9] 504.  Penalty.

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

[found guilty of violating the provisions of this act] that

violates section 301 or 302(c) shall be [fined] subject to a

fine not to exceed [$250] $500 per violation day. Any person or

organization that commits a second or subsequent violation of

section 301 or 302(c) shall be subject to a fine not to exceed

$1,000 per violation day.

(b)  Other provisions.--Except as set forth in subsection

(a):

(1)  Any person or organization that violates this act

shall be subject to a fine not to exceed $350 per violation

day.

(2)  Any person or organization that commits a second or

subsequent violation of this act shall be subject to a fine

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 10.  The act is amended by adding a chapter heading

to read:

CHAPTER 11

MISCELLANEOUS PROVISIONS

Section 11.  Sections 10 and 11 of the act are renumbered to

read:

Section [10] 1101.  Use of methods of destruction on humans.

Nothing in this act shall be construed to permit the

performance of any methods of destruction provided for herein on

any human person.

Section [11] 1102.  Effective date.

This act shall take effect in six months.

Section 12.  This act shall take effect in 180 days.