PRIOR PRINTER'S NOS. 1756, 1865, 2010

PRINTER'S NO.  2053

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1329

Session of

2011

  

  

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

  

  

AS AMENDED ON THIRD CONSIDERATION, MARCH 27, 2012   

  

  

  

AN ACT

  

1

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

2

"An act relating to destruction of pet animals; prohibiting

3

certain methods of destruction; providing for a limited

4

license to dispense certain drugs; providing for regulation

5

and enforcement; providing for use of certain surplus funds;

6

and providing penalties," adding definitions; further

<--

7

providing for prohibited means of destroying animals, for

8

methods of destruction of animals, for exclusions, for use of

9

carbon monoxide systems and for use of drugs by humane

10

societies and animal shelters; providing for enforcement;

11

further providing for penalties; and making editorial changes 

12

further providing for prohibited means of destruction of

<--

13

animals, for methods of destruction of animals, for

14

exclusions and for use of carbon monoxide systems; providing

15

for disclosure; and further providing for penalty.

16

The General Assembly of the Commonwealth of Pennsylvania

17

hereby enacts as follows:

18

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

<--

19

referred to as the Animal Destruction Method Authorization Law,

20

is amended by adding a chapter to read: 

21

CHAPTER 1

22

PRELIMINARY PROVISIONS

 


1

Section 101.  Short title.

2

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

3

Destruction Method Authorization Law.

4

Section 102.  Definitions.

5

The following words and phrases when used in this act shall

6

have the meanings given to them in this section unless the

7

context clearly indicates otherwise:

8

"Acceptable agents and methods of euthanasia."  The

9

chemicals, agents and methods published as acceptable in the

10

most current version of the American Veterinary Medical

11

Association's Guidelines on Euthanasia. The term does not

12

include conditionally acceptable or unacceptable chemicals,

13

agents and methods of euthanasia as published in the most

14

current version of the American Veterinary Medical Association's

15

Guidelines on Euthanasia.

16

"Board."  The State Board of Veterinary Medicine.

17

"Department."  The Department of Agriculture of the

18

Commonwealth.

19

"Normal agricultural operation."  As defined under section 2

20

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

21

the Right-to-Farm Law.

22

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

23

hamsters, ferrets, birds, reptiles and amphibians.

24

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

25

read:

26

CHAPTER 3

27

METHODOLOGY

28

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

29

and amended to read:

30

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

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1

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

2

(1)  A high altitude decompression chamber or

3

decompression device.

4

(2)  Unacceptable agents and methods published in the

5

most current version of the American Veterinary Medical

6

Association's Guidelines on Euthanasia.

7

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

8

exclusive method for small domestic animals.

9

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

10

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

11

barbiturate combinations, drug or drug combinations approved for

12

this purpose by the Federal Drug Administration and in

13

accordance with guidelines established by the [Pennsylvania

14

Department of Agriculture] department.

15

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

16

person or humane society organization from destroying a pet

17

animal by means of firearms.

18

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

19

or a derivative of it shall be the exclusive method for

20

euthanasia of small domestic animals. In the event sodium

21

pentobarbital or a derivative of it becomes unavailable do to

22

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

23

requirements of this section which would permit the use of any

24

other acceptable injectable agents or method of euthanasia.

25

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

26

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

27

situations with a dangerous small domestic animal:

28

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

29

care and control of an animal shelter or a humane society

30

organization poses a risk or danger to a veterinarian or

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1

euthanasia technician performing euthanasia or to personnel

2

of the animal shelter or humane society organization, such

3

veterinarian or euthanasia technician may use any other

4

acceptable agents and methods of euthanasia, except carbon

5

monoxide from any source.

6

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

7

their duties of employment have the responsibility for the

8

care and control of small domestic animals, are subject to

9

this subsection:

10

(i)  Veterinarians.

11

(ii)  Euthanasia technicians.

12

(iii)  Personnel of a humane society organization.

13

(iv)  Personnel of an animal control organization.

14

(v)  Personnel of an animal shelter.

15

(vi)  Animal control officers.

16

Section [3] 303.  Administration of drugs.

17

The barbiturates, barbiturate combinations or other Federal

18

Drug Administration approved drugs or drug combinations shall be

19

administered by intravenous, intraperitoneal or intracardiac

20

injections or orally by a licensed veterinarian or as set forth

21

in section [6] 305.

22

Section [4] 304.  Exclusions.

23

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

24

undertaken in a normal agricultural operation.

25

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

26

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

27

apply to:

28

(i)  a medical school [or];

29

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

30

(iii)  a research institution affiliated with a

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1

hospital or university[.]; or

2

(iv)  A research facility that is one of the

3

following:

4

(A)  Registered and inspected under the Animal

5

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

6

seq.).

7

(B)  Subject to the Public Health Service Policy

8

on the Humane Care and Use of Laboratory Animals

9

under the Public Health Service Act (58 Stat. 682, 42

10

U.S.C. § 201 et seq.).

11

(C)  Subject to the provisions of 21 CFR Pt. 58

12

(relating to good laboratory practice for nonclinical

13

laboratory studies) under the Food, Drug and Cosmetic

14

Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) or the

15

Public Health Service Act.

16

(2)  Notwithstanding sections 302 and 303, a veterinarian

17

in a private clinical practice may use any acceptable agent

18

and method of euthanasia, except carbon monoxide from any

19

source.

20

Section 4.  Section 5 of the act is repealed:

21

[Section 5.  Use of carbon monoxide systems.

22

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

23

seven weeks of age or older.

24

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

25

used to destroy animals under seven weeks of age when

26

administered in an airtight chamber or transparent plastic

27

bag providing for segregation of animals by size and age

28

which is capable of permitting unobstructed visual

29

observation and which does not permit direct contact with any

30

device containing chloroform.

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1

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

2

equipped with:

3

(i)  A tightly enclosed cabinet for the purpose of

4

containing the animals during the destruction process.

5

(ii)  Internal lighting and a window for direct

6

visual observation in the cabinet at all times.

7

(iii)  A gas generation capable of achieving a

8

concentration of carbon monoxide gas of at least 5%

9

throughout the cabinet.

10

(iv)  A gauge or gas concentration indicator or

11

recording device.

12

(v)  A means of separating animals from each other

13

within the cabinet, if the cabinet is of sufficient size

14

to facilitate more than one animal.

15

(vi)  A means of fully removing the carbon monoxide

16

gas from the cabinet upon completion of the destruction

17

process.

18

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

19

means of cooling the gas to a temperature not to exceed

20

115 degrees Fahrenheit at the point of entry into the

21

cabinet and not to exceed 90 degrees Fahrenheit at any

22

point in the cabinet as determined by temperature gauges

23

permanently installed at point of entry and inside the

24

cabinet.

25

(viii)  If the gas is generated by an internal

26

combustion engine, a means of removing or filtering out

27

all noxious fumes, irritating acids and carbon particles

28

from the gas before it enters the cabinet.

29

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

30

means of substantially deadening the sound and vibration

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1

transmission from the engine to the cabinet, by placing

2

them in separate rooms or soundproof compartments

3

connecting them with flexible tubing or pipe at least 24

4

inches in length, so that the noise level within the

5

cabinet shall not exceed 70 decibels.

6

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

7

means for exhausting the internal combustion engine gas

8

during the period of engine warmup.

9

(4)  Upon completion of the destruction process, animals

10

shall not be removed from the cabinet until the carbon

11

monoxide gas has been fully removed from the cabinet.]

12

Section 5.  Section 6 of the act is Renumbered and amended to

13

read:

14

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

15

drugs.

16

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

17

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

18

shelters:

19

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

20

organization] animal shelter may apply to the [Pennsylvania

21

State Board of Pharmacy for registration pursuant to the

22

applicable law for the sole purpose of being authorized to

23

purchase, possess and administer sodium pentobarbital to

24

destroy injured, sick, homeless or unwanted domestic pet

25

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

26

eligible applicants. Any agency so registered shall not

27

permit a person to administer sodium pentobarbital unless

28

such person has demonstrated adequate knowledge of the

29

potential hazards and proper techniques to be used in

30

administering this drug.] State Board of Veterinary Medicine

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1

for a limited license pursuant to the applicable law for the

2

sole purpose of being authorized to purchase, possess and

3

administer drugs approved for euthanasia under subsection (c)

4

to destroy injured, sick, homeless or unwanted small domestic

5

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

6

of Pharmacy to applicants that meet the eligibility criteria

7

set by the State Board of Veterinary Medicine.

8

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

9

not permit a person to administer drugs approved for

10

euthanasia unless that person holds a current euthanasia

11

technician license under subsection (c).

12

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

13

the department suspends or revokes an organization's kennel

14

license under the act of December 7, 1982 (P.L.784, No.225),

15

known as the Dog Law, the organization's limited license to

16

purchase, possess and administer sodium pentobarbital or a

17

derivative of it shall be deemed revoked.

18

(b)  Regulation and enforcement.--The following regulation

19

and enforcement provisions shall apply:

20

(1)  The [Pennsylvania Department of Agriculture] board 

21

shall regulate and enforce the provisions of [this section] 

22

subsection (a).

23

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

24

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

25

the effective date of this paragraph; and

26

(ii)  promulgate regulations within one year of the

27

effective date of this paragraph.

28

(c)  Euthanasia technicians.--The following shall apply to

29

euthanasia technicians:

30

(1)  The board shall determine the regulation and

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1

discipline of euthanasia technicians by:

2

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

3

the effective date of this subsection; and

4

(ii)  promulgating regulations within one year of the

5

effective date of this subsection.

6

(2)  The board may issue a euthanasia technician license

7

to an applicant who satisfies all of the following:

8

(i)  Meets the eligibility criteria established by

9

the board, which criteria shall include knowledge of the

10

Commonwealth's law and regulations relating to

11

euthanasia.

12

(ii)  Demonstrates adequate knowledge of the

13

potential hazards and proper techniques to be used in

14

administration of euthanasia drugs by satisfying all

15

requirements of the board and at least one of the

16

following:

17

(A)  Successfully completes a euthanasia

18

technician certification course, including at least

19

14 hours of instruction, which is approved by the

20

board and administered by any of the following

21

providers:

22

(I)  the National Animal Control Association;

23

(II)  the American Humane Association;

24

(III)  the Humane Society of the United

25

States;

26

(IV)  the Pennsylvania Veterinary Medical

27

Association;

28

(V)  the University of Pennsylvania School of

29

Veterinary Medicine; or

30

(VI)  Federated Humane Societies of

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1

Pennsylvania.

2

(B)  Is a euthanasia technician registered or

3

licensed under the laws of another state or territory

4

of the United States which has requirements

5

substantially similar to the requirements of this

6

section and presents satisfactory proof to the board

7

of being engaged in the practice of euthanasia for a

8

period of at least one year out of the past five

9

years.

10

(C)  Meets other requirements established by the

11

board.

12

(3)  The board shall regulate and enforce the provisions

13

of this subsection.

14

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

15

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

16

the department, designate the department to act as its

17

authorized agent for the limited purposes of inspecting and

18

monitoring humane society organizations and animal control

19

organizations, and persons who euthanize animals on behalf of

20

these organizations, for compliance with the applicable

21

requirements and any implementing regulations.

22

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

23

Section 306.  Disclosure.

24

Upon request, any veterinarian, animal shelter or humane

25

society organization utilizing an euthanasia method for the

26

destruction of small animals must disclose all methods that are

27

utilized by the entity.

28

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

29

read:

30

CHAPTER 5

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1

ADMINISTRATION AND ENFORCEMENT

2

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

3

read:

4

Section [7] 501.  Existing devices.

5

Any humane society organization or any other similar

6

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

7

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

8

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

9

date of this act, dismantle and render inoperative the chamber

10

or device.

11

Section [8] 502.  Surplus funds.

12

Whenever the Secretary of Agriculture declares that there is

13

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

14

provide payment to those persons who qualify under rules and

15

regulations of the department for reimbursement of losses

16

sustained as a result of compliance with the provisions of this

17

act.

18

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

19

Section 503.  Enforcement agencies.

20

The department is authorized to conduct investigations and to

21

enforce sections 301, 302, 304 and 305.

22

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

23

read:

24

Section [9] 504.  Penalty.

25

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

26

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

27

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

28

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

29

organization that commits a second or subsequent violation of

30

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

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1

$1,000 per violation day.

2

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

3

(a):

4

(1)  Any person or organization that violates this act

5

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

6

day.

7

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

8

subsequent violation of this act shall be subject to a fine

9

not to exceed $700 per violation day.

10

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

11

section shall be deposited into the Dog Law Restricted Account.

12

Section 10.  The act is amended by adding a chapter heading

13

to read:

14

CHAPTER 11

15

MISCELLANEOUS PROVISIONS

16

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

17

read:

18

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

19

Nothing in this act shall be construed to permit the

20

performance of any methods of destruction provided for herein on

21

any human person.

22

Section [11] 1102.  Effective date.

23

This act shall take effect in six months.

24

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

25

Section 1.  Sections 1, 2 and 4 of the act of December 22,

<--

26

1983 (P.L.303, No.83), referred to as the Animal Destruction

27

Method Authorization Law, are amended to read:

28

Section 1.  Prohibited means of destruction of animals.

29

No animal shall be destroyed by means of:

30

(1)  a high altitude decompression chamber or

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1

decompression device;

2

(2)  carbon monoxide gas; or

3

(3)  chloroform, ether, halothane or fluothane for

4

animals under seven weeks of age when administered in an

5

airtight chamber or transparent plastic bag.

6

Section 2.  Methods of destruction of animals.

7

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

8

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

9

barbiturate combinations, drug or drug combinations approved for

10

this purpose by the Federal Drug Administration [and in

11

accordance with guidelines established by the Pennsylvania

12

Department of Agriculture].

13

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

14

person or humane society organization from destroying a pet

15

animal by means of firearms.

16

Section 4.  Exclusions.

17

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

18

undertaken in a normal agricultural operation. For the purposes

19

of this paragraph, "normal agricultural operation" shall be

20

defined as it is defined under section 2 of the act of June 10,

21

1982 (P.L.454, No.133), referred to as the Right-to-Farm Law.

22

(b)  Specific entities.--Sections 1(2) and (3), 2 and 3 of

23

this act shall not apply to:

24

(1)  a medical school [or];

25

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

26

(3)  a research institution affiliated with a hospital or

27

university; or

28

(4)  a research facility that is one of the following:

29

(i)  registered and inspected under the Animal

30

Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.);

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1

(ii)  subject to the public health service policy on

2

the humane care and use of laboratory animals under the

3

Public Health Service Act (58 Stat. 682, 42 U.S.C. § 201

4

et seq.); or

5

(iii)  subject to the provisions of 21 CFR Pt. 58

6

(relating to good laboratory practice for nonclinical

7

laboratory studies) or its successor regulation under the

8

Food, Drug and Cosmetic Act (52 Stat. 1040, 21 U.S.C. §

9

301 et seq.) or the Public Health Service Act.

10

Section 2.  Section 5 of the act is repealed:

11

[Section 5.  Use of carbon monoxide systems.

12

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

13

seven weeks of age or older.

14

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

15

used to destroy animals under seven weeks of age when

16

administered in an airtight chamber or transparent plastic

17

bag providing for segregation of animals by size and age

18

which is capable of permitting unobstructed visual

19

observation and which does not permit direct contact with any

20

device containing chloroform.

21

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

22

equipped with:

23

(i)  A tightly enclosed cabinet for the purpose of

24

containing the animals during the destruction process.

25

(ii)  Internal lighting and a window for direct

26

visual observation in the cabinet at all times.

27

(iii)  A gas generation capable of achieving a

28

concentration of carbon monoxide gas of at least 5%

29

throughout the cabinet.

30

(iv)  A gauge or gas concentration indicator or

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1

recording device.

2

(v)  A means of separating animals from each other

3

within the cabinet, if the cabinet is of sufficient size

4

to facilitate more than one animal.

5

(vi)  A means of fully removing the carbon monoxide

6

gas from the cabinet upon completion of the destruction

7

process.

8

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

9

means of cooling the gas to a temperature not to exceed

10

115 degrees Fahrenheit at the point of entry into the

11

cabinet and not to exceed 90 degrees Fahrenheit at any

12

point in the cabinet as determined by temperature gauges

13

permanently installed at point of entry and inside the

14

cabinet.

15

(viii)  If the gas is generated by an internal

16

combustion engine, a means of removing or filtering out

17

all noxious fumes, irritating acids and carbon particles

18

from the gas before it enters the cabinet.

19

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

20

means of substantially deadening the sound and vibration

21

transmission from the engine to the cabinet, by placing

22

them in separate rooms or soundproof compartments

23

connecting them with flexible tubing or pipe at least 24

24

inches in length, so that the noise level within the

25

cabinet shall not exceed 70 decibels.

26

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

27

means for exhausting the internal combustion engine gas

28

during the period of engine warmup.

29

(4)  Upon completion of the destruction process, animals

30

shall not be removed from the cabinet until the carbon

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1

monoxide gas has been fully removed from the cabinet.]

2

Section 3.  The act is amended by adding a section to read:

3

Section 6.1.  Disclosure.

4

Upon request, any veterinarian, animal shelter or humane

5

society organization utilizing an euthanasia method for the

6

destruction of dogs or cats must disclose all methods that are

7

utilized by the entity. The department shall promulgate

8

regulations requiring the public display of the information

9

disclosed under this section.

10

Section 4.  Section 9 of the act is amended to read:

11

Section 9.  Penalty.

12

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

13

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

14

violates section 1 shall be [fined] subject to a fine not to

15

exceed [$250] $500 per violation day. Any person or organization

16

that commits a second or subsequent violation of section 1 shall

17

be subject to a fine not to exceed $1,000 per violation day.

18

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

19

(a):

20

(1)  Any person or organization that violates this act

21

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

22

day.

23

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

24

subsequent violation of this act shall be subject to a fine

25

not to exceed $700 per violation day.

26

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

27

subsection shall be deposited into the Dog Law Restricted

28

Account.

29

Section 5.  This act shall take effect in 60 days.

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