PRINTER'S NO. 4490
No. 2892 Session of 2004
INTRODUCED BY PHILLIPS, B. SMITH, STABACK, HESS, BAKER, BASTIAN,
BUNT, CLYMER, DENLINGER, FAIRCHILD, GEIST, GEORGE, GODSHALL,
GOODMAN, HANNA, HARRIS, HERSHEY, MAJOR, PICKETT, SAYLOR,
SCAVELLO, STERN AND YOUNGBLOOD, OCTOBER 6, 2004
REFERRED TO COMMITTEE ON GAME AND FISHERIES, OCTOBER 6, 2004
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
16 the genus and species cervus elaphus involved in the
17 production, growing, breeding, using, harvesting,
1 transporting, exporting, importing or marketing of Cervidae
2 species or Cervidae products; and
3 (2) does not allow captive bred or captive held Cervidae
4 species to be harvested through hunting anywhere on the farm
5 operation.]
6 * * *
7 Section 2. Section 2380.1 of Title 3 is amended by adding
8 definitions to read:
9 § 2380.1. Definitions.
10 The following words and phrases when used in this subchapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 * * *
14 "Cervid." A member of the Cervidae livestock family.
15 "Cervidae livestock family." Members of the Cervidae family
16 including deer, elk, moose, reindeer, caribou and hybrids of
17 these animals owned and maintained by a licensee under this
18 subchapter. The term also includes the germ plasm, embryos and
19 fertile ova of these animals.
20 "Cervidae livestock operation." A farm operation which
21 contains behind fences privately owned members of the Cervidae
22 livestock family involved in the production, growing, breeding,
23 using, harvesting, transporting, exporting, importing or
24 marketing of Cervidae species or Cervidae products.
25 "Harvesting." Any lethal or nonlethal means of collecting
26 cervids or products from cervids on Cervidae livestock
27 operations.
28 * * *
29 "Wild or semiwild animal." Any domestic animal which is now
30 or historically has been found in the wild.
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1 Section 3. Title 3 is amended by adding a section to read:
2 § 2380.1a. Cervid livestock operations.
3 (a) General rule.--A Cervidae livestock operation is an
4 agricultural enterprise of this Commonwealth. Cervidae livestock
5 facilities and their equipment are considered to be agricultural
6 facilities and equipment. Uses related to the farming and
7 harvesting of cervids are to be considered agricultural uses
8 regulated by the department.
9 (b) Duty of secretary.--The secretary shall assure that
10 Cervidae livestock operations are afforded all rights,
11 privileges, opportunities and responsibilities of other
12 agricultural enterprises.
13 Section 4. Sections 2380.2 and 2380.6(a) and (d) of Title 3
14 are amended to read:
15 § 2380.2. License required.
16 (a) Requirement.--A person may not operate a Cervidae
17 livestock operation within this Commonwealth unless the person
18 has a license. A separate license is required for each Cervidae
19 livestock operation.
20 (b) Classes of licenses.--The department shall establish
21 three classes of licenses for applicants:
22 (1) Class I (Hobby). A Cervidae livestock operation in
23 which members of the Cervidae livestock family may be brought
24 onto the premises through interstate or intrastate commerce.
25 The animals, either alive or dead, may not be removed from
26 the premises except for noncommercial, personal use.
27 (2) Class II (Breeding). A Cervidae livestock operation
28 in which members of the Cervidae livestock family may be
29 brought onto the premises through interstate or intrastate
30 commerce. Live animals or animal products may be sold or
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1 transported, either permanently or temporarily, from the
2 premises through interstate or intrastate commerce, including
3 the movement of the animals temporarily for the purpose of
4 exhibition.
5 (3) Class III (Ranch). A Cervidae livestock operation
6 in which members of the Cervidae livestock family may be
7 harvested through the act of taking or killing of the
8 animals, including chasing, tracking, calling, pursuing,
9 lying in wait, trapping, shooting at or using any personal
10 property in furtherance of any of these purposes. Cervids may
11 be brought onto the premises through interstate or intrastate
12 commerce. Cervids and animal products may be removed from the
13 premises after being harvested through the act of taking or
14 killing of the animals. Live cervids may be removed from the
15 premises and relocated to another premise after the animal
16 has met the conditions of interstate or intrastate transport
17 in a manner consistent with regulations promulgated by the
18 department.
19 (c) Removal of animals.--
20 (1) In addition to the provisions of subsection (b),
21 cervids may be removed from the licensed premises for any of
22 the following purposes:
23 (i) Prevention of the spread of disease.
24 (ii) Furtherance of the health and welfare of the
25 cervids.
26 (iii) Discontinuance of the operation.
27 (2) Removal of any cervid under this subsection shall be
28 done with the approval of the department or in a manner
29 consistent with regulations promulgated by the department.
30 (d) License fees.--The department may, by regulation,
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1 establish fees for licenses granted under this section. The fees
2 shall be limited to the amount reasonably necessary to defray a
3 portion of the expenses incurred by the department for
4 administering this subchapter.
5 § 2380.6. Keeping and handling of cervids.
6 (a) Pens[, shelters] and enclosures.--The department shall
7 adopt regulations concerning the type [and size] of pens[,
8 shelters] and enclosures used for Cervidae livestock operations.
9 Regulations shall ensure [that pens, shelters or enclosures] all
10 of the following:
11 (1) The enclosure used to hold cervids [are] is no less
12 than ten feet from the ground to the top, surrounding the
13 outside perimeter of the operation, and is designed to
14 protect the public, confine the cervids and exclude the entry
15 of wild cervids.
16 (2) The facility is adequate to provide for the health
17 and comfort of the cervids [and be designed to protect the
18 public, confine the cervids and exclude the entity of wild
19 cervids].
20 * * *
21 (d) Dead Cervidae.--Prior to delivery and removal from the
22 Cervidae livestock operation premises, the Cervidae livestock
23 operation shall place the dead cervid or part of a cervid in a
24 package or container or shall attach a label to it. The package,
25 container or label shall have printed upon it the name, address
26 and telephone number of the Cervidae livestock operation who
27 produced the cervid. The Cervidae livestock operation shall also
28 issue a receipt, detailed invoice or consignment document
29 including the date of shipment or sale, the name of the shipper,
30 purchaser or consignee, the quantity and sex and species of the
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1 cervid so shipped or sold and the name and address and [permit]
2 license number of the Cervidae livestock operation shipping,
3 consigning or selling cervids. A dead cervid produced under the
4 authority of the Cervidae livestock operation may not be removed
5 from its package or container or have removed from it the label
6 provided for in this subsection until final consumption or
7 disposal.
8 * * *
9 Section 5. Title 3 is amended by adding sections to read:
10 § 2380.6a. Keeping and handling of animals other than cervids.
11 A Cervidae livestock operation may engage in the production,
12 growing, breeding, using, harvesting, transporting, exporting,
13 importing or marketing of other wild or semiwild animals in a
14 manner that is consistent with the authority granted under the
15 class of license held by the Cervidae livestock operation and
16 the provisions of this subchapter.
17 § 2380.8a. Cervidae Livestock Operation Account.
18 (a) Establishment.--There is established a separate account
19 in the State Treasury to be known as the Cervidae Livestock
20 Operation Account.
21 (b) Source.--The sources of the account are:
22 (1) Fees established under section 2380.2(d) (relating
23 to license required).
24 (2) Fines assessed for violations of the provisions of
25 this subchapter or regulations.
26 (c) Administration.--
27 (1) Deposits under subsection (b) shall be made on a
28 monthly basis.
29 (2) Funds deposited into the account shall be used by
30 the department to defray the costs associated with
20040H2892B4490 - 6 -
1 administering this subchapter.
2 (d) Continuing appropriation.--The money in the account is
3 continuously appropriated to the fund and shall not lapse at the
4 end of any fiscal year.
5 Section 6. Section 2380.9 of Title 3 is amended to read:
6 § 2380.9. Game and Wildlife Code and regulations.
7 [This subchapter supersedes any contrary provision in 34
8 Pa.C.S. (relating to game).] (a) Code.--The provisions of 34
9 Pa.C.S. (relating to game) are repealed insofar as they are
10 inconsistent with this subchapter.
11 (b) Regulations.--
12 (1) The provisions of 58 Pa. Code Pt. III (relating to
13 Game Commission) are abrogated insofar as they are
14 inconsistent with this subchapter.
15 (2) Notwithstanding any other provision of law, the
16 Pennsylvania Game Commission has no authority to promulgate
17 regulations on Cervidae livestock operations.
18 Section 7. This act shall take effect as follows:
19 (1) The amendment of 3 Pa.C.S. § 2380.2 shall take
20 effect in 120 days.
21 (2) The remainder of this act shall take effect
22 immediately.
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