PRIOR PRINTER'S NO. 1981 PRINTER'S NO. 2302
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 REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 22, 2005
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 of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "Cervidae livestock operation"
7 in section 2303 of Title 3 of the Pennsylvania Consolidated
8 Statutes is amended to read:
9 § 2303. Definitions.
10 The following words and phrases when used in this chapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 * * *
14 ["Cervidae livestock operation." A farm operation which:
15 (1) contains behind fences privately owned members of
1 the genus and species cervus elaphus involved in the
2 production, growing, breeding, using, harvesting,
3 transporting, exporting, importing or marketing of Cervidae
4 species or Cervidae products; and
5 (2) does not allow captive bred or captive held Cervidae
6 species to be harvested through hunting anywhere on the farm
7 operation.]
8 * * *
9 Section 2. Section 2380.1 of Title 3 is amended by adding <--
10 definitions to read:
11 SECTION 2. THE DEFINITION OF "LICENSE" IN SECTION 2380.1 OF <--
12 TITLE 3 IS AMENDED AND THE SECTION IS AMENDED BY ADDING
13 DEFINITIONS TO READ:
14 § 2380.1. Definitions.
15 The following words and phrases when used in this subchapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 * * *
19 "Cervid." Any member of the Cervidae family and any hybrid.
20 "Cervidae livestock family." Members of the Cervidae family
21 including deer, elk, moose, reindeer, caribou and hybrids of
22 these animals owned and maintained by a licensee under this
23 subchapter. The term also includes the germ plasm, embryos and
24 fertile ova of these animals.
25 "Cervidae livestock operation." A farm NORMAL AGRICULTURAL <--
26 operation which contains behind fences privately owned members
27 of the Cervidae livestock family involved in the production,
28 growing, breeding, using, harvesting, transporting, exporting,
29 importing or marketing of Cervidae species or Cervidae products.
30 The term does not include an animal slaughter facility regulated
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1 under Subchapter F (relating to slaughter and processing of
2 domestic animals) or a menagerie permitted under 34 Pa.C.S. §
3 2964 (relating to menagerie permits).
4 "Harvesting." Any lethal or nonlethal means of collecting
5 cervids or products from cervids on Cervidae livestock
6 operations.
7 "LICENSE." A LICENSE ISSUED BY THE DEPARTMENT OF AGRICULTURE <--
8 TO OPERATE A CERVIDAE LIVESTOCK OPERATION.
9 * * *
10 "NORMAL AGRICULTURAL OPERATION." AS DEFINED UNDER SECTION 2
11 OF THE ACT OF JUNE 10, 1982 (P.L.454, NO.133), ENTITLED "AN ACT
12 PROTECTING AGRICULTURAL OPERATIONS FROM NUISANCE SUITS AND
13 ORDINANCES UNDER CERTAIN CIRCUMSTANCES."
14 Section 3. Title 3 is amended by adding a section to read:
15 § 2380.1a. Cervidae livestock operations.
16 (a) General rule.--A Cervidae livestock operation is an <--
17 agricultural enterprise A NORMAL AGRICULTURAL OPERATION of this <--
18 Commonwealth. Cervidae livestock facilities and their equipment
19 are considered to be agricultural facilities and equipment. Uses
20 related to the farming and harvesting of cervids are to be
21 considered agricultural uses regulated by the department.
22 (b) Duty of secretary.--The secretary shall assure that
23 Cervidae livestock operations are afforded all rights,
24 privileges, opportunities and responsibilities of other <--
25 agricultural enterprises NORMAL AGRICULTURAL OPERATIONS. <--
26 Section 4. Sections 2380.2, 2380.4, 2380.5, 2380.6(a) and
27 (d) and 2380.9 of Title 3 are amended to read:
28 § 2380.2. License required.
29 (a) Requirement.--A person may not operate a Cervidae
30 livestock operation within this Commonwealth unless the person
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1 has a license. A separate license is required for each Cervidae
2 livestock operation.
3 (b) Classes of licenses.--The department shall establish
4 three classes of licenses for applicants:
5 (1) Class I (Hobby). A Cervidae livestock operation in
6 which members of the Cervidae livestock family may be brought
7 onto the premises through interstate or intrastate commerce.
8 The animals, either alive or dead, may not be removed from
9 the premises except for noncommercial, personal use.
10 (2) Class II (Breeding). A Cervidae livestock operation
11 in which members of the Cervidae livestock family may be
12 brought onto the premises through interstate or intrastate
13 commerce. Live animals or animal products may be sold or
14 transported, either permanently or temporarily, from the
15 premises through interstate or intrastate commerce, including
16 the movement of the animals temporarily for the purpose of
17 exhibition.
18 (3) Class III (Ranch). A Cervidae livestock operation
19 in which members of the Cervidae livestock family may be
20 harvested through the act of taking or killing of the
21 animals, including chasing, tracking, calling, pursuing,
22 lying in wait, trapping, shooting at or using any personal <--
23 property in furtherance of any of these purposes. Cervids may
24 be brought onto the premises through interstate or intrastate
25 commerce. Cervids and animal products may be removed from the
26 premises after being harvested through the act of taking or <--
27 killing of the animals. Live cervids may be removed from the
28 premises and relocated to another premise after the animal
29 has met the conditions of interstate or intrastate transport
30 in a manner consistent with regulations promulgated by the
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1 department.
2 (c) Removal of animals.--
3 (1) In addition to the provisions of subsection (b),
4 cervids may be removed from the licensed premises for any of
5 the following purposes:
6 (i) Prevention of the spread of disease.
7 (ii) Furtherance of the health and welfare of the
8 cervids.
9 (iii) Discontinuance of the operation.
10 (2) Removal of any cervid under this subsection shall be
11 done with the approval of the department or in a manner
12 consistent with regulations promulgated by the department.
13 § 2380.4. Issuance.
14 [The] (a) Inspection.--The department shall inspect the
15 premises of and investigate each applicant. An inspection under
16 this subsection may be made by the department or an agent of the
17 department, including a veterinarian LICENSED DOCTOR OF <--
18 VETERINARY MEDICINE accredited by the department.
19 (b) Issuance.--Subject to subsection (c)(3), the department
20 shall issue a license if it determines, after inspection of the
21 premises and investigation of the applicant, all of the
22 following:
23 (1) The premises, including fences, buildings, equipment
24 and sanitary conditions, comply with this subchapter and
25 regulations of the department under this subchapter.
26 (2) The applicant [can] is able to conduct a Cervidae
27 livestock operation in compliance with this subchapter and
28 regulations of the department under this subchapter.
29 (c) Provisional license.--
30 (1) A Cervidae livestock operation which is in operation
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1 on the effective date of this subsection but which was not,
2 prior to the effective date of this subsection, subject to
3 licensure shall be granted a provisional license in the
4 appropriate classification.
5 (2) Within one year of the effective date of this
6 subsection, the department shall, for each provisional
7 licensee:
8 (i) perform the investigation and inspection under
9 this section; and
10 (ii) either issue a license or deny the application.
11 (3) If the department does not comply with the time
12 requirement under paragraph (2) for a provisional license, a
13 license shall be deemed to be issued.
14 § 2380.5. Renewal.
15 (a) Term.--A license is valid for a period of [one year] two
16 years from the date of:
17 (1) issuance under section 2380.4(b) (relating to
18 issuance); or
19 (2) deemed issuance under section 2380.4(c)(3).
20 (b) Determination.--A license [may] shall be renewed upon
21 application if the department determines all of the following:
22 (1) The licensee has not been cited for a violation of
23 this subchapter or a regulation of the department under this
24 subchapter.
25 (2) There is no reason to believe that the licensee
26 [cannot] is unable to conduct a Cervidae livestock operation
27 in compliance with this subchapter and regulations of the
28 department under this subchapter.
29 § 2380.6. Keeping and handling of cervids.
30 (a) Pens[, shelters] and enclosures.--The department shall
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1 adopt regulations concerning the type [and size] of pens[,
2 shelters] and enclosures used for Cervidae livestock operations.
3 Regulations shall ensure [that pens, shelters or enclosures] all
4 of the following:
5 (1) The fenced enclosure used to hold cervids [are no
6 less than] is at a height not exceeding ten feet from the
7 ground to the top, surrounding the outside perimeter of the
8 operation, and is designed to protect the public and confine
9 the privately owned cervids.
10 (2) The facility PREMISES is adequate to provide for the <--
11 health and comfort of the cervids [and be designed to protect
12 the public, confine the cervids and exclude the entity of
13 wild cervids].
14 * * *
15 (d) Dead Cervidae.--Prior to delivery and removal from the
16 Cervidae livestock operation premises, the Cervidae livestock
17 operation shall place the dead cervid or part of a cervid in a
18 package or container or shall attach a label to it. The package,
19 container or label shall have printed upon it the name, address
20 and telephone number of the Cervidae livestock operation who
21 produced the cervid. The Cervidae livestock operation shall also
22 issue a receipt, detailed invoice or consignment document
23 including the date of shipment or sale, the name of the shipper,
24 purchaser or consignee, the quantity and sex and species of the
25 cervid so shipped or sold and the name and address and [permit]
26 license number of the Cervidae livestock operation shipping,
27 consigning or selling cervids. A dead cervid produced under the
28 authority of the Cervidae livestock operation may not be removed
29 from its package or container or have removed from it the label
30 provided for in this subsection until final consumption or
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1 disposal.
2 * * *
3 § 2380.9. Game and Wildlife Code and regulations.
4 [This subchapter supersedes any contrary provision in 34
5 Pa.C.S. (relating to game).] (a) Code.--The provisions of 34
6 Pa.C.S. (relating to game) are repealed insofar as they are
7 inconsistent with this subchapter.
8 (b) Regulations.--
9 (1) The provisions of 58 Pa. Code Pt. III (relating to
10 Game Commission) are abrogated insofar as they are
11 inconsistent with this subchapter.
12 (2) Notwithstanding any other provision of law, the
13 Pennsylvania Game Commission has no authority to promulgate
14 regulations on Cervidae livestock operations.
15 Section 5. This act shall take effect as follows:
16 (1) The amendment of 3 Pa.C.S. § 2380.2 shall take
17 effect in 120 days.
18 (2) The remainder of this act shall take effect
19 immediately.
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