PRINTER'S NO. 2776
No. 2215 Session of 1993
INTRODUCED BY LLOYD, SANTONI, MILLER, SEMMEL, STAIRS, ARMSTRONG,
HERSHEY AND RUDY, NOVEMBER 24, 1993
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
NOVEMBER 24, 1993
AN ACT
1 Providing for the protection and assurance of animal health;
2 providing for the safety and quality of foods of animal
3 origin; providing for the prevention and control of animal
4 diseases that may threaten human health; providing for
5 research, diagnostic and epidemiologic investigation of
6 animal diseases; providing for indemnification of industry
7 losses stemming from Department of Agriculture regulatory
8 action; providing for the promotion of desirable management
9 practices for production, keeping and use of domestic
10 animals; and making repeals.
11 TABLE OF CONTENTS
12 Chapter 1. General Provisions
13 Section 101. Short title.
14 Section 102. Definitions.
15 Section 103. Diagnostic services and research.
16 Section 104. Keeping and handling of domestic animals.
17 Chapter 2. Identification of Domestic Animals
18 Section 201. General authority.
19 Section 202. Adoption of form of identification.
20 Section 203. Certified copies.
21 Section 204. Brand, tattoo or other form of identification as
1 proof of ownership.
2 Section 205. Disputes in custody or ownership.
3 Section 206. Sale of assignment of form of identification.
4 Section 207. Violations and penalty.
5 Section 208. Fees and forfeiture.
6 Chapter 3. Detection, Containment or Eradication of Certain
7 Diseases
8 Section 301. Dangerous transmissible diseases.
9 Section 302. Neoplastic diseases, metabolic diseases and
10 genetic disorders.
11 Section 303. Health requirements.
12 Section 304. Safety of animal feed.
13 Section 305. Use of biologicals, antibiotics, genetic
14 material, chemicals, diagnostic agents and other
15 substances.
16 Section 306. Sanitation.
17 Section 307. Disease surveillance and detection.
18 Section 308. Entry on premises.
19 Section 309. Quarantine.
20 Section 310. Condemnation.
21 Section 311. Indemnification.
22 Section 312. Depopulation incentive.
23 Chapter 4. Dealers, Brokers, Agents and Haulers of Domestic
24 Animals or Dead Animals
25 Section 401. General authority.
26 Section 402. Application for dealer's, broker's or hauler's
27 license.
28 Section 403. Licensure of agents.
29 Section 404. Verification of application.
30 Section 405. License fees.
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1 Section 406. Term of license.
2 Section 407. Posting and display of license.
3 Section 408. Denial, suspension or revocation of license.
4 Section 409. Records and inspections.
5 Chapter 5. Disposal of Dead Domestic Animals and Animal
6 Waste
7 Section 501. General authority.
8 Section 502. Disposal of dead animals.
9 Section 503. Disposal of animal waste.
10 Section 504. Licensure requirement of dead animal disposal
11 businesses.
12 Section 505. Licensing procedure.
13 Section 506. Conditions of licensure.
14 Section 507. Denial, suspension or revocation of license.
15 Chapter 6. Slaughter and Processing of Domestic Animals
16 Section 601. General authority.
17 Section 602. Humane methods of slaughtering domestic animals.
18 Chapter 7. Disposition of Injured, Sick, Homeless or Unwanted
19 Domestic Animals
20 Section 701. General authority.
21 Section 702. Methods of destruction.
22 Section 703. Prohibited means of destruction.
23 Section 704. Exclusion for medical or veterinary schools.
24 Section 705. Fines and other punitive actions.
25 Chapter 8. Garbage Feeding Business
26 Section 801. Licensure requirement.
27 Section 802. Application and fee.
28 Section 803. Issuance of license.
29 Section 804. Term of license and renewal.
30 Section 805. Posting of license.
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1 Section 806. Heating certain garbage before feeding.
2 Section 807. Prohibitions and conditions.
3 Section 808. Inspections.
4 Section 809. Notice to remedy and denial, suspension or
5 revocation of license.
6 Section 810. Punishment for violations.
7 Chapter 9. Administrative Provisions
8 Section 901. Cooperation.
9 Section 902. Conflicts with Dog Law.
10 Section 903. Regulations.
11 Section 904. Enforcement and penalties.
12 Section 905. Disposition of fees, fines and civil penalties.
13 Section 906. Interference with officer or employee of
14 department.
15 Section 907. Civil remedy.
16 Section 908. Saving clause.
17 Section 909. Inapplicability of penal cruelty to animals
18 statutes.
19 Section 910. Exemption for governmental entities.
20 Section 911. Preemption of local laws and regulations.
21 Section 912. Repeals.
22 Section 913. Effective date.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 CHAPTER 1
26 GENERAL PROVISIONS
27 Section 101. Short title.
28 This act shall be known and may be cited as the Domestic
29 Animal Act.
30 Section 102. Definitions.
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1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Agent." A person, firm, association, partnership or
5 corporation buying or receiving or soliciting or negotiating the
6 sale of domestic animals for or on behalf of any dealer or
7 broker.
8 "Animal waste." Products or parts of domestic animals.
9 Examples include excrement, offal, eggs, milk, placenta,
10 fetuses, feathers, hair, wool, blood and other such articles.
11 "Appraised value." The current value at the time of
12 appraisal, determined by current market values, age of animal,
13 physical condition, condition as to disease, the nature and
14 extent of disease, breeding value, milk production value, the
15 salvage value and any other factors which might affect value.
16 "Area" or "locality." A geographical district or portions or
17 groups thereof.
18 "Brand." A permanent identification mark made on the hide of
19 a live animal by dehydrating the superficial and deep layers of
20 skin by heat, cold, electric current or another method approved
21 by the Secretary of Agriculture.
22 "Compost." The biological digestion of dead animals, animal
23 waste or other biodegradable materials.
24 "Condemned." The status of a domestic animal, domestic
25 animal product, conveyance or other article that has been
26 determined by the Department of Agriculture as having been
27 exposed to a dangerous transmissible disease or a hazardous
28 substance such that destruction of the domestic animal, domestic
29 animal product, conveyance or other article is necessary to
30 prevent the spread of such disease or contamination, and that is
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1 subject to a quarantine order issued under this act.
2 "Conveyance." An automobile, truck, trailer, wagon or other
3 vehicle used in the transportation of live or dead domestic
4 animals, domestic animal parts, domestic animal waste or
5 domestic animal products or by-products upon the highways of
6 this Commonwealth.
7 "Dangerous transmissible disease." A transmissible disease
8 of animals that has been designated by this act or by order of
9 the Department of Agriculture as presenting a danger to public
10 health, to animal health, to the safety or quality of the food
11 supply or to the economic well-being of the domestic animal
12 industry.
13 "Dealer" or "broker". A person that buys, receives, sells,
14 exchanges, negotiates or solicits the sale, resale, exchange or
15 transfer of domestic animals or dead animals for the purpose of
16 transfer of ownership or possession to a third party. This
17 definition may be further restricted through regulations.
18 "Department." The Department of Agriculture of the
19 Commonwealth. Where used in this act, this term includes any
20 employee or person authorized to act on behalf of the Department
21 of Agriculture.
22 "Depopulation incentive." Payment to the owner for a portion
23 of the appraised value of any domestic animal or other property
24 which is voluntarily slaughtered or destroyed with the prior
25 agreement of the Department of Agriculture and in accordance
26 with this act, upon the Department of Agriculture's
27 determination that such action serves to protect public health,
28 the safety or quality of the food supply or the economic well-
29 being of the domestic animal industry. A depopulation incentive
30 may be paid only in situations where the subject domestic animal
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1 or other property has not been condemned.
2 "Domestic animal." An animal maintained in captivity. The
3 term also includes the germ plasm, embryos and fertile ova of
4 such animals.
5 "Domestic animal product." A part of a domestic animal or
6 any food, material or article containing any part of a domestic
7 animal.
8 "Exotic disease." A disease which is not or is no longer
9 native or indigenous to the United States, including those
10 diseases so designated by the United States Department of
11 Agriculture.
12 "Family farm corporation." A corporation formed for the
13 purpose of farming in which all of the voting stock is held by
14 and all of the stockholders are natural persons, or the spouses
15 of such persons or other persons related to such persons or
16 spouses and all of the stockholders are residing on or actively
17 operating or managing the family farm.
18 "Family farm partnership." A general partnership entered
19 into for the purpose of farming having no more than two members
20 who are unrelated by blood, marriage or adoption and having all
21 the members residing on or actively operating or managing the
22 family farm.
23 "Garbage." All waste material resulting from the handling,
24 preparation, cooking or consumption of food, except that the
25 term shall not include waste from ordinary household operations
26 which is fed directly to domestic animals on the same premises
27 where the household is located.
28 "Group of domestic animals." Those domestic animals that are
29 maintained on common ground for any purpose or two or more
30 geographically separated concentrations of domestic animals
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1 which have an interchange or movement of animals or articles
2 that may carry dangerous transmissible disease or contamination
3 without regard to health status.
4 "Hauler." A person responsible for the transportation of
5 domestic animals or dead animals into, within or from this
6 Commonwealth, but the term shall not be construed to mean
7 persons who are sole proprietors, stockholders in a family farm
8 corporation or members of a family farm partnership in the
9 course of transporting their domestic animals between their
10 farms, from farm of origin to first point of transfer of
11 ownership, to slaughter-processing facilities, from farm of
12 origin to place of exhibition and back or from place of purchase
13 to their farm. The term may be further restricted through
14 regulations.
15 "Hazardous substance." A substance, including chemicals,
16 toxins and biologicals, which may threaten the health of
17 domestic animals or humans.
18 "Humane method of slaughter." Either:
19 (1) a method of rendering an animal insensible to pain
20 by mechanical, electrical, chemical or other means that is
21 rapid and effective before being handled for slaughter; or
22 (2) a method of ritual slaughter.
23 "Incineration." The reduction of animals or objects to ashes
24 by burning at temperatures and for durations sufficient to
25 render the material noninfectious.
26 "Indemnity." Payment to the owner for a portion of the
27 appraised value of condemned domestic animals, domestic animal
28 products and other condemned articles that are slaughtered or
29 destroyed by order of the Department of Agriculture to eradicate
30 or prevent the spread of dangerous transmissible disease or the
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1 spread of contamination by a hazardous substance.
2 "Market value." The current worth of a domestic animal,
3 domestic animal product or other article in markets where such
4 animals, products and other articles are commonly bought and
5 sold.
6 "Owner." A person owning any domestic animal or leasing any
7 domestic animal from another. The term shall also include any
8 person who allows a domestic animal habitually to remain about
9 the premises inhabited by such person.
10 "Packer." A person engaged in the business of slaughtering,
11 manufacturing or preparing meat, meat products or domestic
12 animal products for sale, whether by such person or others.
13 "Person." A natural person, firm, association, partnership
14 or corporation.
15 "Premises." A definite portion of real estate; land with its
16 appurtenances, including any structure erected thereon, and any
17 vehicle or vessel used in transporting passengers, goods,
18 domestic animals or domestic animal products by land, air or by
19 water. As used in this act, the term shall be taken in its
20 widest sense.
21 "Quarantine." Restrictions upon the use, movement or other
22 disposition of animals, animal products, equipment, facilities,
23 vehicles, buildings and other articles required to eradicate,
24 contain or otherwise control a dangerous transmissible disease
25 or dangerous transmissible disease agents, or to control or
26 prevent contamination by hazardous substances.
27 "Rendering." The processing of dead animals or parts of dead
28 animals until all dangerous transmissible disease agents known
29 or suspected to be contained therein have been destroyed.
30 "Ritual slaughter." A humane method of slaughter which is in
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1 accordance with the ritual requirements of the Jewish faith or
2 any other religious faith whereby the animal suffers a loss of
3 consciousness by anoxia or hypoxia of the brain caused by the
4 simultaneous and instantaneous severance of the carotid arteries
5 with a sharp instrument.
6 "Salvage." The net proceeds an owner of a domestic animal
7 realizes from the sale of the live animal or the carcass, hide
8 and offal.
9 "Secretary." The Secretary of Agriculture of the
10 Commonwealth.
11 "Slaughterer." A person regularly engaged in the commercial
12 slaughter of domestic animals.
13 "Stockyard." A place, establishment or facility conducted or
14 operated for compensation or profit as a public market,
15 consisting of pens or other enclosures and their appurtenances
16 for the handling, keeping and holding of domestic animals for
17 the purpose of sale or shipment.
18 "Tattoo." A permanent identification mark made on the hide
19 of a live animal by inserting pigment into the deep layers of
20 the skin.
21 "Transmissible disease." A disease of an animal which can be
22 transferred, reproduced or established in an animal or human by
23 direct or indirect means.
24 "USDA-APHIS-VS." The United States Department of
25 Agriculture, Animal Plant Health Inspection Service, Veterinary
26 Services.
27 Section 103. Diagnostic services and research.
28 The department may establish, maintain or fund, to the extent
29 that funding is available, such animal disease diagnostic
30 services and research activities as are required to prevent,
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1 suppress, control and eradicate transmissible diseases of
2 domestic animals, to protect the safety, quality and sufficiency
3 of the human food supply and to provide domestic animal
4 producers information necessary for efficient production and
5 maintenance of healthy domestic animals.
6 Section 104. Keeping and handling of domestic animals.
7 The department shall have authority to regulate the keeping
8 and handling of domestic animals to exclude or contain dangerous
9 transmissible diseases, to protect the environment and to assure
10 humane husbandry practices.
11 CHAPTER 2
12 IDENTIFICATION OF DOMESTIC ANIMALS
13 Section 201. General authority.
14 The department shall have authority to impose requirements
15 and methods for the identification of domestic animals owned,
16 kept, possessed or transported within this Commonwealth. The
17 department may authorize and record the adoption and exclusive
18 use of unique identification marks, numbers or devices,
19 including distinctive branding marks, tattoos, microchips and
20 other forms of identification that are affixed upon domestic
21 animals, and may maintain a registry of such forms of
22 identification. The department may assess fees for the
23 assignment, registry and exclusive use of forms of
24 identification registered under this chapter.
25 Section 202. Adoption of form of identification.
26 (a) General authority.--A domestic animal owner may adopt a
27 brand, tattoo or other form of identification with which to
28 identify domestic animals owned by such person through the
29 procedure set forth in this chapter. A form of identification
30 recorded in compliance with this chapter shall be considered the
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1 personal property of the person who records it. Such person
2 shall have the exclusive right to use this form of
3 identification within this Commonwealth.
4 (b) Application, facsimile and fee.--A person desiring to
5 adopt a form of identification shall submit an application form,
6 a facsimile of the form of identification and a recording fee of
7 $25 to the secretary. The department shall provide the
8 application form upon request.
9 (c) Provisional filing.--It shall be the duty of the
10 secretary to file all forms of identification offered for
11 recording, keeping account of the date and chronological order
12 of receipt, pending the review and examination provided for in
13 subsection (d). If the form of identification is subsequently
14 accepted for recording, ownership of the form of identification
15 shall vest from the date of filing.
16 (d) Review.--The secretary shall have the power to examine,
17 approve, accept or reject an application to record a brand,
18 tattoo or other form of identification. Following receipt of the
19 required application, facsimile and fee, the secretary shall, as
20 promptly as possible, determine whether the form of
21 identification is of record as that of some other person and
22 whether the form of identification conflicts with or closely
23 resembles that of another person. If neither of these conditions
24 exist, the secretary shall record the form of identification. If
25 either or both of these conditions exist, the secretary shall
26 not record the form of identification, but shall instead return
27 the recording fee and facsimile to the applicant.
28 Section 203. Certified copies.
29 (a) Issuance.--If a form of identification is recorded, the
30 secretary shall furnish its owner with two certified copies of
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1 the record of the form of identification. Upon receipt of
2 written evidence of the sale, assignment or transfer of a form
3 of identification, the secretary shall furnish the new owner
4 with two certified copies of the record of the form of
5 identification. Additional copies may be obtained by the payment
6 of $15 for each copy.
7 (b) Filing.--Within ten days of receiving the two certified
8 copies of the record of the form of identification, the owner of
9 the brand shall file one of the certified copies in the office
10 of the county recorder of the county where the owner's principal
11 place of business is located and one copy in each county where
12 animals bearing the recorded form of identification are to be
13 kept. If the form of identification had a prior owner and the
14 prior owner filed a certified copy in any other county, the
15 subsequent owner shall file a certified copy in each county in
16 which the previous owner had filed.
17 Section 204. Brand, tattoo or other form of identification as
18 proof of ownership.
19 In all suits at law or in equity or in any criminal
20 proceedings in which the title to animals is an issue, the
21 certified copies recorded pursuant to the preceding section
22 shall be prima facie evidence of the ownership of such animal by
23 the person in whose name the brand, tattoo or other form of
24 identification is recorded.
25 Section 205. Disputes in custody or ownership.
26 Disputes in custody or ownership of animals that bear brands,
27 tattoos or other forms of identification shall be investigated
28 on request by the sheriff of the county where the animals are
29 located. The sheriff may call upon the services of a licensed
30 veterinarian in reading the brands, tattoos or other forms of
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1 identification on animals. The cost of the veterinarian's
2 services shall be borne by the person requesting the
3 investigation. The results of the sheriff's investigation shall
4 be a public record and shall be admissible in evidence.
5 Section 206. Sale or assignment of form of identification.
6 Any form of identification recorded pursuant to this chapter
7 shall be the property of the person causing such record to be
8 made and shall be subject to sale, assignment, transfer, devise
9 and descent as personal property. Instruments of writing
10 evidencing the sale, assignment or transfer of such form of
11 identification shall be recorded by the secretary. The fee for
12 recording such sale, assignment or transfer shall be $5.
13 Section 207. Violations and penalty.
14 (a) Unauthorized brands.--It shall be unlawful for a person
15 to use any brand for the branding of domestic animals unless the
16 brand has been recorded pursuant to this chapter or unless the
17 use of a brand or the branding procedure is authorized under any
18 other provision of this act.
19 (b) Affixing forms of identification by nonowners.--It shall
20 be unlawful for a person to affix, attempt to affix or cause to
21 be affixed a form of identification upon the domestic animal of
22 another without the owner's consent.
23 (c) Tampering.--It shall be unlawful for a person to efface,
24 deface or obliterate or attempt to efface, deface or obliterate
25 any brand, tattoo or other form of identification upon any
26 animal of another.
27 (d) Form of identification of another.--It shall be unlawful
28 for a person to affix, attempt to affix or cause to be affixed
29 upon any animal the form of identification of another.
30 (e) Other false identification.--It shall be unlawful for
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1 any person to place, attach or use on a domestic animal, or to
2 cause to be placed, attached or used on a domestic animal, or to
3 attempt to place, attach or use on a domestic animal, any form
4 of identification such as a brand, tattoo, tag, emblem, marking,
5 microchip or other identifying mark, number or device that such
6 person knows to misrepresent the identity or health of the
7 domestic animal, with intent to interfere or deceive in the
8 identification, testing, vaccinating, selling, transfer or
9 slaughter of the domestic animal.
10 (f) Penalty.--Any person who is convicted of violating any
11 provision of this chapter shall be guilty of a misdemeanor of
12 the second degree and may be imprisoned for not more than two
13 years and be fined not more than $5,000.
14 Section 208. Fees and forfeiture.
15 An owner of a form of identification of record shall pay the
16 secretary a fee of $5 on January 1 of every fifth year from the
17 year in which the form of identification was recorded with the
18 department as that owner's property. The secretary shall give a
19 receipt for all such payments made. If an owner of a form of
20 identification of record should fail, refuse or neglect to pay
21 such fee by July 1 of any year in which it is due, such form of
22 identification shall become forfeited and no longer carried in
23 the record. Any such forfeited form of identification shall not
24 be issued to any other person within a period of less than ten
25 years following date of forfeiture.
26 CHAPTER 3
27 DETECTION, CONTAINMENT OR ERADICATION
28 OF CERTAIN DISEASES
29 Section 301. Dangerous transmissible diseases.
30 (a) Specific dangerous transmissible diseases.--The
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1 following transmissible diseases are dangerous transmissible
2 diseases within the meaning of this act:
3 (1) Actinomycosis, an infectious disease of cattle
4 caused by Actinomyces bovis.
5 (2) African horse sickness, an infectious disease of
6 horses cause by a reovirus (AHSV).
7 (3) African swine fever, an infectious disease of swine
8 caused by a virus (ASFV).
9 (4) Anaplasmosis, an infectious disease of cattle, deer
10 and camelids caused by Anaplasma marginale.
11 (5) Anthrax, an infectious disease of animals caused by
12 Bacillis anthracis.
13 (6) Avian influenza, an infectious disease of poultry
14 caused by Type A. influenza virus.
15 (7) Babesiosis (piroplasmosis), an infectious disease of
16 cattle, equine, deer and bison caused by B. bigemina, B.
17 bovis, B. equi or B. caballi.
18 (8) Blackleg, an infectious disease of ruminants caused
19 by Clostridium chauvoei.
20 (9) Bluetongue, an infectious disease of cattle, sheep,
21 goats and cervidae caused by an orbivirus (BTV).
22 (10) Bovine spongiform encephalopathy (BSE), an
23 infectious disease of cattle caused by a virus-like agent.
24 (11) Brucellosis, an infectious disease of animals
25 caused by Brucella abortus, Brucella suis, Brucella
26 melitensis or Brucella ovis.
27 (12) Caprine arthritis-encephalitis (CAE), an infectious
28 disease of goats caused by a virus.
29 (13) Chlamydiosis (psittacosis), an infectious disease
30 of birds caused by Chlamydia psittaci.
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1 (14) Chronic respiratory disease of poultry (CRD), an
2 infectious disease of poultry caused by Mycoplasma synoviae
3 or Mycoplasma gallisepticum.
4 (15) Contagious agalactiae, an infectious disease of
5 cattle caused by Mycoplasma agalactiae bovis.
6 (16) Contagious ecythema (Orf), an infectious disease of
7 sheep and goats caused by a virus.
8 (17) Contagious equine metritis (CEM), an infectious
9 disease of equine caused by Hemophilus equigenitalis.
10 (18) Contagious pleuropneumonia (CBPP), an infectious
11 disease of cattle caused by Mycoplasma mycoides.
12 (19) Dourine, an infectious disease of equines caused by
13 Trypanosoma equiperdum.
14 (20) Duck viral enteritis (DVE, duck plague), an
15 infectious disease of ducks caused by a herpes virus (DVEV).
16 (21) Epizootic hemorrhagic disease (EHD), an infectious
17 disease of cattle and deer caused by a virus (EHDV).
18 (22) Equine encephalitis, an infectious disease of
19 equines caused by an alphavirus: Venezuelan (VEE), Western
20 (WEE) or Eastern (EEE).
21 (23) Equine infectious anemia (EIA, swamp fever), an
22 infectious disease of equine caused by a virus (EIAV).
23 (24) Erysipelas, an infectious disease of swine and
24 turkeys caused by Erysipelothrix rhusiopathiae.
25 (25) Foot and mouth disease (FMD), an infectious disease
26 of cattle, sheep, goats, swine and deer caused by an
27 aphthovirus (FMDV).
28 (26) Fowl pox, an infectious disease of poultry caused
29 by a virus.
30 (27) Glanders, an infectious disease of horses caused by
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1 Pseudomonas mallei.
2 (28) Heartwater disease, an infectious disease of cattle
3 caused by a rickettsia, Cowdria ruminatum.
4 (29) Hemorrhagic septicemia, an infectious disease of
5 cattle and buffalo (shipping fever), swine (swine plague) and
6 poultry (fowl cholera) caused by Pasteurella multocida.
7 (30) Hog cholera, an infectious disease of swine caused
8 by a pestivirus (HCV).
9 (31) Laryngotracheitis (ILT), an infectious disease of
10 chickens caused by a virus (ILTV).
11 (32) Listeriosis, an infectious disease of cattle and
12 sheep caused by Listeria monocytogenes.
13 (33) Malignant catarrhal fever (MCF), an infectious
14 disease of cattle caused by a virus (MCFV).
15 (34) New castle disease, an infectious disease of
16 poultry caused by a virus.
17 (35) Ovine progressive pneumonia (OPP, Maedi/Visna), an
18 infectious disease of sheep caused by a retrovirus (OPPV).
19 (36) Paratuberculosis (Johnes disease), an infectious
20 disease of cattle, sheep, goats and deer caused by
21 Mycobacterium paratuberculosis.
22 (37) Potomac horse fever, an infectious disease of
23 equine caused by Erhlichia risticii.
24 (38) Psoroptic mange, an infectious disease of cattle
25 and sheep caused by psoroptes mites.
26 (39) Rabies, an infectious disease of cattle, dogs,
27 cats, sheep and horses caused by a virus.
28 (40) Rift Valley fever, an infectious disease of sheep
29 caused by a virus (RVFV).
30 (41) Rinderpest, an infectious disease of ruminants and
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1 swine caused by a mobillivirus (RDV).
2 (42) Ringworm, an infectious mycotic disease of cattle,
3 sheep, swine and horses caused by a fungus, Trichophyton sp.
4 or Microsporum sp.
5 (43) Salmonellosis, an infection of animals by various
6 Salmonella species: S. pullorum (poultry), S. enteritidis var
7 enteritidis (poultry), S. paratyphoid (poultry), S.
8 typhimurium (cattle, equine), S. dublin (cattle), S.
9 heidelberg (poultry, equine), S. gallinarum (poultry) and S.
10 cholerasuis (swine).
11 (44) Scrapie, an infectious disease of sheep and goats
12 caused by a virus-like agent.
13 (45) Screwworm (miasis), a wound infection of animals
14 caused by Cochliomyia hominivorox.
15 (46) Transmissible gastroenteritis (TGE), an infectious
16 disease of swine caused by a virus (TGEV).
17 (47) Tuberculosis, an infectious disease of cattle,
18 bison, sheep, goats, swine, horses, cervidae and camelids
19 caused by Mycobacterium bovis, M. avium or M. tuberculosis.
20 (48) Vesicular exanthema, an infectious disease of swine
21 caused by a calicivirus (VEV).
22 (49) Vesicular stomatitis, an infectious disease of
23 cattle, sheep and swine caused by a virus.
24 (b) Designation of additional dangerous transmissible
25 diseases.--Upon the determination that a transmissible disease
26 not listed in subsection (a) presents a danger to public health,
27 to animal health, to the safety or quality of the food supply or
28 to the economic well-being of the domestic animal industry, the
29 department shall issue an order proclaiming that transmissible
30 disease to be a dangerous transmissible disease within the
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1 meaning of this act. This act shall be applicable to that
2 dangerous transmissible disease as of the date of that order or
3 any later date specified in that order. The department shall
4 publish such an order in the Pennsylvania Bulletin within 20
5 days of its issuance. Transmissible diseases may be deleted from
6 the list of dangerous transmissible diseases through the
7 issuance of an order to that effect, published as described
8 above.
9 (c) Regulations.--The department may establish regulations
10 addressing the specific discovery, prevention, reporting,
11 testing, control and eradication measures which it determines
12 are necessary with respect to any dangerous transmissible
13 disease.
14 Section 302. Neoplastic diseases, metabolic diseases and
15 genetic disorders.
16 If a particular neoplastic disease, metabolic disease or
17 genetic disorder is not a dangerous transmissible disease under
18 this act, but, after public hearing, is determined by the
19 secretary as posing a threat to animal health or to the economic
20 well-being of the domestic animal industry, then the department
21 may establish regulations addressing any discovery, prevention,
22 reporting, testing, control, eradication or other measures as
23 are necessary to lessen or eliminate such an economic threat.
24 Section 303. Health requirements.
25 (a) Interstate and intrastate movement of domestic
26 animals.--The department may establish identification and
27 minimum health standards for the importation or the intrastate
28 movement of domestic animals in this Commonwealth and may
29 establish procedures for certification of the health status of
30 domestic animals imported into or transported within this
19930H2215B2776 - 20 -
1 Commonwealth. If the department shall suspect the genuineness of
2 any health certificate or official disease test report relating
3 to domestic animals or shall question the competency of the
4 person who shall have issued such report or certificate, the
5 department may decline to accept the same and may refuse to
6 permit the importation or intrastate movement of the domestic
7 animals concerned, unless a certificate or report is furnished
8 from the proper inspector of the state or country of origin or
9 USDA-APHIS-VS or unless the department shall otherwise
10 determine.
11 (b) Violations.--
12 (1) It shall be unlawful for any person to import or to
13 bring into this Commonwealth without the written permission
14 of the department any domestic animal that is contaminated
15 with a hazardous substance or that is affected with or that
16 has been exposed to any transmissible disease.
17 (2) It shall be unlawful for any person to import or
18 bring into this Commonwealth any domestic animal in violation
19 of any of the provisions of this act, order entered under
20 authority of this act or any attendant regulation to prevent
21 the introduction of any transmissible disease of any kind.
22 (3) It shall be unlawful for any person to receive or
23 keep or have in his keeping or possession any domestic animal
24 imported, brought into or transported within this
25 Commonwealth in violation of any of the provisions of this
26 act or to allow any such domestic animal to come into contact
27 with any other domestic animal.
28 (c) Authority to remove or slaughter.--Whenever any domestic
29 animal is imported into this Commonwealth or transported within
30 this Commonwealth in violation of this act, the department shall
19930H2215B2776 - 21 -
1 have authority to cause such animal to be removed from this
2 Commonwealth or removed directly to slaughter or destroyed
3 without indemnity.
4 Section 304. Safety of animal feed.
5 (a) General authority.--The department shall have the
6 authority and the duty to protect the food supply of domestic
7 animals in order to prevent the transmission of diseases and
8 substances hazardous to human or animal health.
9 (b) Carcasses used for animal feed.--No animal carcass or
10 parts of such a carcass shall be sold for animal feeding
11 purposes if the meat or meat parts might be hazardous to the
12 health of animals to which such meat or meat parts may be fed.
13 (c) Regulations.--The department shall establish regulations
14 and standards to assure the safety of materials that are used in
15 feed for domestic animals.
16 (d) Licensure.--The department may provide for the licensure
17 of persons owning or operating facilities, equipment and
18 conveyances utilized in the collection, treatment, preparation
19 and transportation of plant or animal by-products that are used
20 in feed for domestic animals.
21 (e) Content.--The department may establish standards for the
22 composition of feed for domestic animals, including, but not
23 limited to, antibiotics and chemical additives for the purpose
24 of preventing tissue residues and contamination of plant or
25 animal products by substances hazardous to human or animal
26 health.
27 Section 305. Use of biologicals, antibiotics, genetic material,
28 chemicals, diagnostic agents and other
29 substances.
30 (a) Authority.--The department shall have the authority to
19930H2215B2776 - 22 -
1 regulate the manufacture, sale or administration of any
2 biological product intended for diagnostic, preventive or
3 therapeutic purposes with domestic animals. The department may
4 establish regulations to control the production, sale,
5 distribution or use of biologicals, antibiotics, genetic
6 material, chemicals and other substances administered to
7 domestic animals.
8 (b) Testing.--The department may prescribe methods of making
9 official tests and may restrict the use of such tests to
10 authorized accredited veterinarians and agents of the department
11 and USDA-APHIS-VS for diagnosis of diseases of domestic animals.
12 It shall be the duty of each person using such a test to report
13 the results of that test to the department, in writing. Each
14 report shall be signed by the person who conducted the test and
15 shall give the date of the test, the name and address of the
16 owner of the domestic animal tested, the location where such
17 test was conducted, a description and definitive permanent
18 identification of the domestic animal or domestic animals tested
19 and a complete statement of the actual result of such test. It
20 shall be unlawful for any person whose duty it is to make a
21 report to fail or refuse to do so.
22 (c) Vaccines.--The department may, in order to prevent or
23 control the introduction or spread of dangerous transmissible
24 diseases, restrict the use of vaccines in domestic animals or
25 cause domestic animals in this Commonwealth to be vaccinated
26 with biologicals according to regulations promulgated under this
27 act.
28 Section 306. Sanitation.
29 The department shall have the authority to establish
30 standards of sanitation for the operation and maintenance of any
19930H2215B2776 - 23 -
1 facility, conveyance, equipment, building or other means of
2 housing, containing or transporting domestic animals. Sanitation
3 standards shall be established to minimize the possible
4 transmission of dangerous transmissible diseases.
5 Section 307. Disease surveillance and detection.
6 (a) General.--The department shall have the authority to
7 regularly monitor the domestic animal population of this
8 Commonwealth to determine the prevalence, incidence and location
9 of transmissible diseases or contamination by hazardous
10 substances.
11 (b) Duty to report.--It shall be the duty of every
12 practitioner of veterinary medicine and every diagnostic
13 laboratory in this Commonwealth, immediately upon receiving
14 information thereof, to report to the department each case of
15 any dangerous transmissible disease and each case of potential
16 contamination by hazardous substances.
17 (c) Violations.--
18 (1) It shall be unlawful for any person to impede,
19 hinder or interfere, or to refuse to confine so as to allow
20 testing without undue burden on the official conducting the
21 test, or to fail to present his domestic animals for testing
22 by the department under authority of this act after
23 reasonable notice of the proposed testing has been given.
24 (2) It shall be unlawful for any person who has
25 knowledge that a domestic animal is infected with a dangerous
26 transmissible disease, or has been exposed to a dangerous
27 transmissible disease, or has been contaminated by a
28 hazardous substance, to conceal or attempt to conceal such
29 domestic animal or knowledge of such a domestic animal from
30 the department.
19930H2215B2776 - 24 -
1 (d) Wild animals.--The department shall have the authority
2 to assist other Federal and State agencies, local governments
3 and private entities in monitoring wild animals in this
4 Commonwealth for the presence of dangerous transmissible
5 disease. This monitoring may be done in cooperation with the
6 Pennsylvania Game Commission, the Pennsylvania Fish and Boat
7 Commission, the United States Fish and Wildlife Service or any
8 other private or governmental entity.
9 Section 308. Entry on premises.
10 In the performance of the duties required by this act, the
11 department may request entry to any premises or stop and detain
12 any vehicle. If permission to enter shall be refused or delayed
13 by any person, the department's employee or agent may, upon oath
14 or affirmation, declare before any magistrate or other duly
15 authorized officer of a court of jurisdiction that he has reason
16 to believe that domestic animals or articles that are or have
17 been confined or kept in or on such premises carry a dangerous
18 transmissible disease, or have been exposed to a dangerous
19 transmissible disease, or have been contaminated by a hazardous
20 substance, and shall further declare that permission to enter
21 and to investigate has been refused or delayed to the
22 department. Upon review of such declaration, the magistrate or
23 other duly authorized officer of the court of jurisdiction may
24 issue a search warrant for such premises, directed to the proper
25 officer, agent or employee. The search warrant shall describe
26 the premises which may be searched under authority of the search
27 warrant, but need not describe the domestic animal, domestic
28 animal products or other articles which are alleged to carry a
29 dangerous transmissible disease, or to have been exposed to a
30 dangerous transmissible disease, or to have been contaminated by
19930H2215B2776 - 25 -
1 a hazardous substance, which are or have been confined or kept
2 on such premises. An officer, agent or employee of the
3 department armed with such a search warrant shall have all the
4 authority of a constable or other peace officer in the execution
5 of the warrant. It shall be unlawful for any person to refuse or
6 delay admission to any premises to any officer, agent or
7 employee of the department provided with a search warrant issued
8 pursuant to this section. The department shall take appropriate
9 biosecurity and safety measures to ensure that it does not allow
10 dangerous transmissible disease or contamination from hazardous
11 substances to spread as the result of its entry upon any
12 premises or conveyance.
13 Section 309. Quarantine.
14 (a) Power to establish and enforce.--Whenever a dangerous
15 transmissible disease or contamination by hazardous substances
16 exists anywhere within or outside of this Commonwealth, or
17 whenever it is deemed advisable to test or treat any domestic
18 animal upon the reasonable suspicion that it has contracted or
19 been exposed to a dangerous transmissible disease or is
20 contaminated with a hazardous substance, or whenever the testing
21 or treatment of a domestic animal indicates that the domestic
22 animal has been exposed to a dangerous transmissible disease so
23 as to render future accurate testing for recent exposure of that
24 domestic animal to that dangerous transmissible disease
25 impractical or impossible, the department shall have the power
26 to establish and enforce quarantines of any such infected,
27 exposed, contaminated, suspected or susceptible domestic animal.
28 In addition to the aforedescribed domestic animals, a quarantine
29 may apply to any goods, products, facilities, vehicles or
30 materials that may carry dangerous transmissible disease and may
19930H2215B2776 - 26 -
1 be applied on or in or against any premises, area or locality as
2 defined in this act.
3 (b) Type and duration.--Quarantines shall be of three kinds:
4 (1) interstate and/or international;
5 (2) general; and
6 (3) special;
7 and shall continue in effect for such lengths of time as the
8 department deems necessary or advisable.
9 (c) Interstate and international quarantines.--
10 (1) An interstate and/or international quarantine may be
11 established and enforced by order of the department against
12 any place or places outside this Commonwealth for any of the
13 reasons set forth in subsection (a) or where dangerous
14 transmissible diseases are reported to exist. An interstate
15 or international quarantine order may prohibit the bringing
16 of any animals, conveyances, containers, goods, products or
17 materials into this Commonwealth except in accordance with
18 the requirements set forth in the quarantine order. The order
19 may require the quarantine, testing, treatment, killing or
20 other disposition of any domestic animal brought into this
21 Commonwealth in violation of the order and may require the
22 quarantine, disinfection or destruction of goods, products or
23 conveyances brought into this Commonwealth in violation of
24 the order. The order may also require that the owner bear the
25 expenses of the activities described in the preceding
26 sentence.
27 (2) An interstate or international quarantine shall be
28 established by order of the department and shall be effective
29 as of the date of that order or any later date specified in
30 that order.
19930H2215B2776 - 27 -
1 (3) Notices and copies of the order establishing an
2 interstate or international quarantine shall be advertised in
3 the Pennsylvania Bulletin within 20 days of the date of the
4 order in at least one newspaper of general circulation within
5 this Commonwealth and in at least one newspaper of general
6 circulation in the state(s) or nation(s) against which the
7 quarantine is directed. The department shall, if practicable,
8 mail or deliver notice and a copy of the quarantine order to
9 the governmental agency or agencies overseeing agricultural
10 affairs in the state(s) or nation(s) against which the
11 quarantine is directed. The quarantine order may be enforced
12 prior to such publication or distribution.
13 (d) General quarantines.--
14 (1) A general quarantine may be established and enforced
15 by order of the department against any area or locality
16 within this Commonwealth for any of the reasons set forth in
17 subsection (a) to prevent a dangerous transmissible disease
18 or a domestic animal contaminated by a hazardous substance
19 from being carried into, within, from or out of the area or
20 locality that is subject to the quarantine. A general
21 quarantine order may include any animals, conveyances,
22 containers, goods, products or materials that may carry
23 dangerous transmissible disease or domestic animals that are
24 contaminated with a hazardous substance and may include any
25 area or locality, including all buildings, structures,
26 premises and equipment located therein.
27 (2) A general quarantine shall be established by order
28 of the department and shall be effective as of the date of
29 that order, or any later date specified in that order.
30 (3) Notices and copies of the order establishing a
19930H2215B2776 - 28 -
1 general quarantine shall be advertised in the Pennsylvania
2 Bulletin within 20 days of the date of the order and in at
3 least one newspaper of general circulation within the area or
4 locality subject to the quarantine. The quarantine order may
5 be enforced prior to such publication.
6 (e) Special quarantines.--
7 (1) A special quarantine may be established and enforced
8 by order of the department against any premises, animals,
9 conveyances, containers, goods, products or materials
10 situated within this Commonwealth for any of the reasons set
11 forth in subsection (a) or whenever it is deemed necessary or
12 advisable by the department to control any animal or to
13 examine or disinfect or regulate the use of any premises,
14 materials or products or to destroy or dispose of the carcass
15 of any dead animal for the purpose of preventing or
16 controlling the spread of a dangerous transmissible disease
17 or controlling a domestic animal contaminated by a hazardous
18 substance.
19 (2) A special quarantine shall be established by the
20 posting of a quarantine order describing the animal or
21 animals, materials, products or premises covered by the
22 special quarantine. The quarantine notice shall be
23 conspicuously posted so as to alert any visitor to the
24 quarantined premises of the probable presence of a dangerous
25 transmissible disease or domestic animals contaminated by
26 hazardous substances.
27 (3) If practicable, the department shall serve a copy of
28 the special quarantine order upon the owner or caretaker of
29 the animals, premises or other property subject to the order.
30 The department shall have authority to make available to
19930H2215B2776 - 29 -
1 interested persons the names and locations of premises
2 subject to special quarantine.
3 (f) Violations of quarantine.--
4 (1) It shall be unlawful for any person to sell, offer
5 for sale, exchange, lease, lend, exchange, give away,
6 transfer, remove or allow to be removed any animals or animal
7 products, goods, conveyances or other articles that are the
8 subject of general or special quarantine order under this
9 section without first obtaining the written permission of the
10 department to do so.
11 (2) It shall be unlawful for any person to allow an
12 animal that is the subject of a general or special quarantine
13 order under this section to stray beyond the quarantined
14 premises, area or locality.
15 (3) It shall be unlawful for any person to transfer
16 ownership of any animal or animal product that is the subject
17 of a general or special quarantine order under this section
18 without first notifying the prospective or actual transferee
19 of the quarantine order and the reasons for the imposition of
20 quarantine.
21 (4) It shall be unlawful for any person to use or
22 prepare as food for humans or animals any animal or animal
23 product that is the subject of a general or special
24 quarantine order under this section without first obtaining
25 the written permission of the department to do so. Such
26 permission shall be granted in accordance with any applicable
27 guidelines established by the department.
28 (5) It shall be unlawful for any person to tear, deface,
29 destroy, remove or alter in any way any notice of quarantine
30 posted by the department or to remove or destroy, partially
19930H2215B2776 - 30 -
1 or wholly, any portion of a building, tree, fence or other
2 object to which a notice of quarantine has been posted by the
3 department.
4 (6) It shall be unlawful for any person to bring into
5 this Commonwealth any animals, goods, products, conveyances
6 or materials that are the subject of an interstate or
7 international quarantine order under this section.
8 (7) It shall be unlawful for any person to impede,
9 hinder or interfere with the department entering upon
10 premises or elsewhere in the performance of duties imposed by
11 this act.
12 (8) It shall be unlawful for any person to violate any
13 provision of a quarantine order issued under this section.
14 Section 310. Condemnation.
15 The department shall have the authority to condemn and seize
16 or cause to be destroyed any quarantined domestic animal, animal
17 product, conveyance or other quarantined article that has been
18 determined by the department as having been exposed to a
19 dangerous transmissible disease or a hazardous substance such
20 that destruction of the domestic animal, domestic animal
21 product, conveyance or other article is necessary to prevent the
22 spread of such disease or contamination.
23 Section 311. Indemnification.
24 (a) In general.--Whenever a condemned domestic animal,
25 domestic animal product or other condemned property is
26 slaughtered or destroyed by order of the department to eradicate
27 or prevent the spread of dangerous transmissible disease or
28 contamination by a hazardous substance, the owner of such
29 property shall be compensated for a portion of the appraised
30 value of the domestic animal or article, provided that such
19930H2215B2776 - 31 -
1 compensation is made in accordance with this section.
2 Notwithstanding the definition of "owner" set forth in section
3 102, indemnification payments made under this section shall be
4 made only to those persons who have an actual ownership interest
5 in the domestic animal or other property that is the subject of
6 the indemnification payment.
7 (b) Indemnification limits.--
8 (1) The amount of indemnity paid by the department shall
9 not exceed $2,000 with respect to any individual domestic
10 animal.
11 (2) The amount of indemnity paid by the department with
12 respect to domestic animals condemned under authority of this
13 act shall not exceed the sum of $200,000 for any group of
14 domestic animals, regardless of the number of owners having
15 domestic animals within such group of condemned domestic
16 animals.
17 (3) The maximum amount of indemnity paid by the
18 department shall not exceed 67% of the appraised value of the
19 condemned domestic animal, domestic animal product or other
20 condemned property for which indemnification is sought.
21 (4) The amount of indemnity paid by the department to
22 the owner of domestic animals condemned under authority of
23 this act plus the salvage value and the value of indemnity
24 payments received from any other source shall not exceed 90%
25 of the appraised value of such domestic animals.
26 (5) The amount of indemnity which the department may pay
27 under this section shall be limited by the availability of
28 funds for this purpose. The amounts of indemnity to be paid
29 or the amount of funds available for indemnity payments under
30 this section may be affected by special enabling legislation.
19930H2215B2776 - 32 -
1 (c) Forfeiture.--A person violating any of the provisions of
2 this act or any order, rule or regulation adopted by authority
3 of this act, or violating the act of March 1, 1974 (P.L.90,
4 No.24), known as the Pennsylvania Pesticide Control Act of 1973,
5 shall not be eligible for indemnity or depopulation incentive
6 payments under this act as to any domestic animal, domestic
7 animal product or other article involved in such violation or
8 any domestic animal, domestic animal product or other article in
9 any group of domestic animals containing any domestic animal,
10 domestic animal product or other article involved in such
11 violation or as to any such violation which the department
12 determines directly or indirectly contributed to the disease or
13 contamination of any domestic animal subject to this act.
14 (d) Appraisal.--Whenever the department condemns domestic
15 animals, domestic animal products or other articles, the value
16 of such animals, products and articles shall be appraised. No
17 animal that is dead shall be appraised and no indemnity shall be
18 payable for such an animal. The department shall determine the
19 appraised value of the condemned animal, products or articles
20 taking into consideration the current market values, the age of
21 the animal, the physical condition of the animal, its condition
22 as to disease, the nature and extent of disease, breeding value,
23 milk production value, the salvage value of the animal and any
24 other factors which might influence value. If the department and
25 the owner of the condemned domestic animals, domestic animal
26 products or other articles are unable to agree on the appraised
27 value of these animals, products or articles, then the
28 department and the owner may appoint a mutually agreeable
29 appraiser to determine the appraised value. Costs of such an
30 appraisal shall be borne by the owner. In the absence of such a
19930H2215B2776 - 33 -
1 mutually agreeable appraiser, the department's determination of
2 the appraised value shall control.
3 (e) Disposal of condemned animals.--An animal that has been
4 condemned by the department and is eligible for indemnity under
5 this act shall be disposed of by the owner, under the
6 supervision of the department, in accordance with the laws of
7 this Commonwealth and the rules and regulations adopted by the
8 department. When condemned animals are approved by the
9 department for salvage, the salvage value shall be paid directly
10 to the owner by the buyer of the live animal or the buyer of the
11 carcass, hide, offal or other by-product. The buyer shall
12 promptly present an itemized statement of the salvage value to
13 the department to determine the amount, if any, due from the
14 department to the owner.
15 Section 312. Depopulation incentive.
16 (a) Generally.--If a domestic animal, domestic animal
17 product or other property has not been condemned under authority
18 of this act, the department shall have the discretion to pay to
19 the owner of any domestic animal or other property a sum which
20 shall not exceed 33% of the appraised value of that domestic
21 animal or other property in consideration of that owner
22 voluntarily slaughtering or destroying that domestic animal or
23 other property in accordance with this act and with the prior
24 agreement of the department. This discretion may be exercised
25 upon the department's determination that the destruction and
26 disposal of the domestic animal serves to protect public health,
27 the safety or quality of the food supply or the economic well-
28 being of the domestic animal industry. Payment of a depopulation
29 incentive under this subsection is limited by the availability
30 of funds for this purpose.
19930H2215B2776 - 34 -
1 (b) Limits.--A depopulation incentive payment shall not
2 exceed $2,000 with respect to any individual domestic animal. A
3 depopulation incentive payment plus the salvage value and any
4 other compensation received from other sources shall not exceed
5 90% of the appraised value of the domestic animal or other
6 property that is the subject of the depopulation incentive
7 payment. Notwithstanding the definition of "owner" in section
8 102, depopulation incentive payments made under this section
9 shall be made only to those persons who have an actual ownership
10 interest in the domestic animal or other property that is the
11 subject of the depopulation incentive payment.
12 CHAPTER 4
13 DEALERS, BROKERS, AGENTS AND HAULERS OF
14 DOMESTIC ANIMALS OR DEAD ANIMALS
15 Section 401. General authority.
16 The department shall have authority to regulate the
17 activities, facilities and equipment of domestic animal or dead
18 animal dealers, brokers, agents and haulers for the purpose of
19 assuring the sanitary handling of dead animals and the sanitary
20 handling, marketing and exchange of healthy domestic animals.
21 The department may require the licensure of any person who acts
22 as a dealer, broker or hauler of domestic animals or dead
23 animals or who acts as an agent for a dealer or broker of
24 domestic animals or dead animals.
25 Section 402. Application for dealer's, broker's or hauler's
26 license.
27 Application for a dealer's, broker's or hauler's license
28 shall be made on a form furnished by the department. This form
29 shall contain such information as the department may reasonably
30 require to determine the applicant's identity, competency and
19930H2215B2776 - 35 -
1 eligibility.
2 Section 403. Licensure of agents.
3 A domestic animal or dead animal dealer, broker or hauler who
4 applies for or holds a dealer's, broker's or hauler's license
5 may designate any person to act as an agent on behalf of that
6 dealer, broker or hauler. This designation must be made either
7 on the domestic animal or dead animal dealer's, broker's or
8 hauler's license application form or by a written notice to the
9 department requesting the issuance of an agent's license. The
10 department may require such additional information as is
11 necessary to determine the identity, competency and eligibility
12 of an applicant for an agent's license. A dealer, broker or
13 hauler shall be accountable and responsible for contracts made
14 by any of its licensed agents.
15 Section 404. Verification of application.
16 An applicant for a license under this chapter shall sign the
17 license application and verify that the representations made on
18 that application are true and correct and are made subject to
19 the penalties relating to unsworn falsification to authorities.
20 Section 405. License fees.
21 The fee for a domestic animal or dead animal dealer's,
22 broker's or hauler's license is $50. The fee for an agent's
23 license is $25 dollars. These fees must be paid prior to the
24 issuance of a license by the department. The department may
25 change these license fees through regulations.
26 Section 406. Term of license.
27 A license issued under this chapter shall expire at the end
28 of the calendar year for which it was issued. License
29 applications for a particular calendar year should be received
30 by the department no later than December 1 of the preceding
19930H2215B2776 - 36 -
1 calendar year.
2 Section 407. Posting and display of license.
3 Any person licensed under this chapter and conducting
4 business under such a license shall post a copy of the license
5 furnished by the department in or at the place of business of
6 the licensee. This document shall be posted and exposed for
7 viewing by those persons conducting the business which is the
8 subject of the license and for inspection by the department. The
9 licensee and any agents of the licensee shall carry a license
10 verification card at all times when acting as a dealer, broker,
11 agent or hauler. This license verification card shall be
12 exhibited to persons when negotiating with or soliciting
13 business from them and to the department upon request.
14 Section 408. Denial, suspension or revocation of license.
15 The secretary may, after due notice and an opportunity for a
16 hearing, deny, suspend, revoke or modify a license issued under
17 this chapter if he finds that the applicant or licensee has
18 violated any provision of this act or its related regulations or
19 finds the existence of any of the following reasons:
20 (1) the applicant or licensee has violated the laws of
21 the United States or this Commonwealth or official
22 regulations governing the interstate or intrastate movement,
23 shipment or transportation of animals;
24 (2) the applicant or licensee has made false or
25 misleading statements as to the health or physical condition
26 of the domestic animals with regard to official tests or
27 quantity of animals or the practice of fraud or
28 misrepresentation in connection therewith or in the buying or
29 receiving of animals or receiving, selling, exchanging,
30 soliciting or negotiating the sale, resale, exchange or
19930H2215B2776 - 37 -
1 shipment of domestic animals;
2 (3) the applicant or licensee has engaged in a continued
3 course of dealings of such a nature as to satisfy the
4 department of the inability or unwillingness of the applicant
5 or licensee to properly conduct the business of a dealer,
6 broker, hauler or agent in accordance with the requirements
7 of this act;
8 (4) the applicant or licensee has engaged in buying or
9 receiving domestic animals or receiving, selling, exchanging,
10 soliciting, or negotiating the sale, resale or exchange of
11 domestic animals that carry dangerous transmissible disease,
12 have been exposed to dangerous transmissible disease, have
13 been contaminated by a hazardous substance or do not meet the
14 health requirements of this act;
15 (5) the applicant or licensee has failed to practice
16 measures of sanitation prescribed by the department for
17 premises or vehicles used for the confining, stabling,
18 yarding, housing, holding or transporting of domestic
19 animals; or
20 (6) the applicant or licensee has failed to keep records
21 required by the department or by law, or where there is a
22 refusal on the part of the applicant or licensee to allow
23 inspections or to produce books, accounts or records of
24 transactions in the carrying on of the business for which
25 such license is requested or granted.
26 Section 409. Records and inspections.
27 Every dealer, broker, agent and hauler shall keep such
28 accounts, records and memoranda as are sufficient to identify
29 all living or dead animals handled and their origin and
30 disposition to fully and clearly disclose all transactions
19930H2215B2776 - 38 -
1 involved in his business, including the true ownership of such
2 business by stockholders or otherwise. Every dealer, broker,
3 agent and hauler shall also keep records of such health
4 certifications and sanitary measures as are required under the
5 provisions of this act or its regulations. The department may
6 investigate the records of any applicant or licensee under this
7 section. The applicant or licensee shall provide its records
8 upon the department's request. Information unrelated to the
9 purpose of the investigation and relating to the general
10 business of the applicant or licensee shall be deemed to be of
11 confidential nature by the department. The department shall
12 conduct such inspections as are necessary to assure the sanitary
13 and humane handling of domestic animals.
14 CHAPTER 5
15 DISPOSAL OF DEAD DOMESTIC ANIMALS
16 AND ANIMAL WASTE
17 Section 501. General authority.
18 The department shall have the authority and the duty to cause
19 the sanitary and safe disposal of dead domestic animals,
20 domestic animal products and domestic animal parts, tissues,
21 excrement and other wastes to prevent the spread of
22 transmissible diseases or dangerous transmissible diseases or
23 the spread of contamination by hazardous substances. This
24 section shall not apply to the disposal of carcasses of animals
25 slaughtered for human food nor the premises or the rendering
26 operations on the premises of a licensed slaughter establishment
27 subject to official Federal or State inspection, provided that
28 such inspection includes inspection of the rendering operations.
29 Section 502. Disposal of dead animals.
30 (a) Requirements.--The following requirements shall be met
19930H2215B2776 - 39 -
1 regarding the disposal of the bodies of dead animals:
2 (1) Animals that have died of dangerous transmissible
3 disease shall be reported to the department and disposed of
4 under supervision of the department.
5 (2) Persons caring for or owning animals that have died
6 shall prevent exposure of such carcasses to other living
7 animals and the public and shall dispose of the carcass
8 within 48 hours after the animal dies. Disposal shall be
9 accomplished in accordance with the requirements of this act.
10 (3) Dead animals, parts of dead animals, offal and
11 animal waste may not be transported on public highways for
12 any purpose unless such materials are transported in a
13 covered conveyance that is constructed so that no drippings
14 or seepings from the dead animals or dead animal parts escape
15 from the conveyance.
16 (4) Dead animals, parts of dead animals, offal and
17 animal waste shall be disposed of only in accordance with one
18 of the following methods or a method hereafter approved by
19 the department:
20 (i) Burial in such place and manner that does not
21 result in contamination of ground water, surface water or
22 neighboring property.
23 (ii) Incineration in accordance with regulations
24 governing air quality.
25 (iii) Processing by rendering, fermenting,
26 composting or other method according to procedures and
27 product safety standards established by the department.
28 (iv) Transport to a dead animal disposal plant
29 approved and licensed by the department.
30 (b) Feeding restricted.--No uncooked dead animal or uncooked
19930H2215B2776 - 40 -
1 dead animal parts, including offal of any description, shall be
2 fed to animals unless processed in accordance with regulations
3 adopted by the department.
4 (c) Transportation restricted.--No dead animal, offal or
5 parts of dead animals may be transported into this Commonwealth
6 unless transported directly to a diagnostic laboratory or
7 consigned and delivered to a dead animal disposal plant licensed
8 by the department.
9 Section 503. Disposal of animal waste.
10 Animal waste that has been exposed to a dangerous
11 transmissible pathogen or that originated from an animal that
12 has been exposed to a dangerous transmissible disease shall be
13 disposed of in accordance with a method approved by the
14 department.
15 Section 504. Licensure requirement of dead animal disposal
16 businesses.
17 Any person who purchases or receives for disposal a dead
18 animal, animal part or potentially infectious animal waste shall
19 be deemed to be in the business of dead animal disposal and
20 shall be approved and licensed by the department to engage in
21 and conduct such activity. It shall be the duty of any person to
22 obtain a license from the department as a precondition to
23 operating a dead animal disposal business within this
24 Commonwealth and to thereafter maintain a current license while
25 such business is in operation.
26 Section 505. Licensing procedure.
27 (a) Applications and fees.--Any person intending to operate
28 a dead animal disposal business within this Commonwealth shall,
29 prior to the commencement of business, file an application with
30 the department for the issuance of a dead animal disposal
19930H2215B2776 - 41 -
1 business license. The application shall be made on a form
2 provided by the department. A license fee of $100 shall be
3 submitted to the department for each dead animal disposal plant
4 to be operated by the applicant within this Commonwealth. This
5 license fee may be changed by the department through
6 regulations.
7 (b) Term of license and renewal.--A license issued under
8 this chapter shall expire as of the end of the calendar year for
9 which it was issued. A licensee seeking to renew its license for
10 the succeeding calendar year shall file an application and the
11 appropriate license fee with the department in the manner
12 described in subsection (a). An application to renew a dead
13 animal disposal business license shall be received by the
14 department no later than December 1 immediately preceding the
15 calendar year for which license renewal is sought.
16 Sections 506. Conditions of licensure.
17 (a) Inspections.--As a precondition to the issuance of a
18 license under this chapter and as a continuing condition of such
19 licensure, the department may inspect an applicant or licensee's
20 dead animal disposal plants, facilities, equipment or vehicles
21 for compliance with this act and its attendant regulations.
22 (b) Acceptance of dead animals.--Licensees under this
23 chapter shall accept for disposal any dead animal presented,
24 provided that the licensee is capable of properly disposing of
25 such animal and that the disposal would be within the scope of
26 the license.
27 (c) Disposal methods.--All carcasses, animal parts, offal or
28 other animal waste received or generated by a licensee under
29 this chapter shall be processed in accordance with such time
30 limits, sanitation standards, personnel requirements and
19930H2215B2776 - 42 -
1 biosecurity standards as are necessary to prevent the spread of
2 transmissible disease or dangerous transmissible disease. The
3 department may formalize these limits or standards through
4 regulation.
5 Section 507. Denial, suspension or revocation of license.
6 An application or license under this chapter may be denied,
7 suspended or revoked if the secretary determines that any of the
8 conditions of licensure set forth in the preceding section have
9 been violated or if the secretary determines that a deficiency
10 or violation on the applicant or licensee's part had not been
11 corrected within the time limit set forth in a written notice of
12 deficiency or violation issued to the applicant or licensee by
13 the department.
14 CHAPTER 6
15 SLAUGHTER AND PROCESSING OF DOMESTIC ANIMALS
16 Section 601. General authority.
17 The department shall have authority to regulate the
18 euthanasia, destruction, slaughter or processing of domestic
19 animals in order to assure the proper treatment of animals and
20 the safety and quality of food of animal origin.
21 (1) The department may establish standards for the
22 humane euthanasia or killing of domestic animals.
23 (2) The department may regulate the slaughter and
24 processing of domestic animals for human or animal
25 consumption and may require the licensure of slaughter and
26 processing establishments.
27 (3) The department may establish minimum standards
28 regarding the health and quality of domestic animals
29 permitted to be processed for human consumption or animal
30 feed.
19930H2215B2776 - 43 -
1 Section 602. Humane methods of slaughtering domestic animals.
2 (a) Humane methods required.--Slaughterers, packers or
3 stockyard operators shall use humane methods in the handling of
4 domestic animals for slaughter and in the actual bleeding and
5 slaughter of domestic animals. The use of a manually operated
6 hammer, sledge or poleax during slaughtering operations is not a
7 humane method of slaughter.
8 (b) Ritual slaughter.--Subsection (a) shall not apply to the
9 operator of a commercial establishment with respect to the
10 positioning and ritual slaughter of cows, poultry and sheep
11 until one year after the secretary finds that there is available
12 at reasonable cost a ritually acceptable, practicable and humane
13 method of handling or otherwise preparing conscious calves and
14 sheep for slaughter.
15 (c) Exception.--Subsection (a) shall not apply to a farmer
16 or other person slaughtering his own domestic animals.
17 (d) Construction of section.--This section shall not be
18 construed to prohibit, abridge or in any way hinder the
19 religious freedom of any person or group.
20 (e) Review.--Determinations made by the secretary under
21 authority of this section shall be subject to review in the
22 manner provided by 2 Pa.C.S. (relating to administrative law and
23 procedure).
24 (f) Violations.--Any person who violates any provision of
25 this section commits a misdemeanor of the third degree and shall
26 upon conviction, be punished by a fine of not more than $100 for
27 each conviction.
28 (g) Applicability.--Where the slaughtering operations of
29 slaughterers, packers or stockyard operators who would otherwise
30 be subject to the requirements of this section are subject to
19930H2215B2776 - 44 -
1 inspection by the United States Department of Agriculture,
2 applicable Federal law shall control; and the determination of
3 whether slaughter is conducted by humane methods shall be made
4 by the United States Department of Agriculture in accordance
5 with Federal authority on the subject of humane methods of
6 slaughter.
7 CHAPTER 7
8 DISPOSITION OF INJURED, SICK, HOMELESS OR
9 UNWANTED DOMESTIC ANIMALS
10 Section 701. General authority.
11 The owner, licensed veterinarian, police officer, constable
12 or authorized employee of a humane society or animal control
13 organization may destroy an injured, sick, homeless or unwanted
14 domestic animal in such person's charge in accordance with the
15 provisions of this chapter.
16 Section 702. Methods of destruction.
17 (a) Drugs, in general.--A licensed veterinarian or a person
18 under the direct supervision of a licensed veterinarian may
19 destroy an injured, sick, homeless or unwanted domestic animal
20 by the intravenous, intraperitoneal, intercardiac or oral
21 administration of an overdose of a barbiturate, a barbiturate
22 combination, a drug or a drug combination approved for this
23 purpose by the Federal Drug Administration and in accordance
24 with guidelines as may be established by the department.
25 (b) Firearms.--
26 (1) The owner of a domestic animal may destroy that
27 domestic animal by means of the legal use of firearms.
28 (2) A police officer or constable with jurisdiction or
29 an authorized representative of a humane society or animal
30 control organization may destroy by means of firearms any
19930H2215B2776 - 45 -
1 animal in the person's charge when, in the judgment of the
2 policeman, constable or authorized representative of a humane
3 society or animal control organization and with the
4 concurrence of the owner, such animal appears to be injured,
5 disabled or diseased past recovery.
6 (c) Ether, halothane or fluothane.--Ether, halothane or
7 fluothane may be used by a humane society or animal control
8 organization to destroy injured, sick, homeless or unwanted
9 domestic animals under seven weeks of age when administered in
10 an airtight chamber or transparent plastic bag providing for
11 segregation of animals by size and age and which is capable of
12 permitting unobstructed visual observation.
13 (d) Carbon monoxide systems.--
14 (1) Carbon monoxide gas may be used by a humane society
15 or animal control organization to destroy injured, sick,
16 homeless or unwanted domestic animals seven weeks of age or
17 older. Carbon monoxide gas systems shall consist of and be
18 equipped with:
19 (i) A tightly enclosed cabinet for the purpose of
20 containing the animals during the destruction process.
21 (ii) Internal lighting and a window for direct
22 visual observation in the cabinet at all times.
23 (iii) A gas generation mechanism capable of
24 achieving a concentration of carbon monoxide gas of at
25 least 5% throughout the cabinet.
26 (iv) A gauge or gas concentration indicator or
27 recording device.
28 (v) A means of separating animals from each other
29 within the cabinet if the cabinet is of sufficient size
30 to hold more than one animal.
19930H2215B2776 - 46 -
1 (vi) A means of fully removing the carbon monoxide
2 gas from the cabinet upon completion of the destruction
3 process.
4 (vii) If an internal combustion engine is used, a
5 means of cooling the gas to a temperature not to exceed
6 115 degrees Fahrenheit at the point of entry into the
7 cabinet and not to exceed 90 degrees Fahrenheit at any
8 point in the cabinet as determined by temperature gauges
9 permanently installed at point of entry and inside the
10 cabinet.
11 (viii) If the gas is generated by an internal
12 combustion engine, a means of removing or filtering out
13 all noxious fumes, irritating acids and carbon particles
14 from the gas before it enters the cabinet.
15 (ix) If an internal combustion engine is used, a
16 means of substantially deadening the sound and vibration
17 transmission from the engine to the cabinet by placing
18 them in separate rooms or soundproof compartments
19 connecting them with flexible tubing or pipe at least 24
20 inches in length, so that the noise level within the
21 cabinet shall not exceed 70 decibels.
22 (x) If an internal combustion engine is used, a
23 means for exhausting the internal combustion engine gas
24 during the period of engine warmup.
25 (2) Upon completion of the destruction process, animals
26 shall not be removed from the cabinet until the carbon
27 monoxide gas has been fully removed from the cabinet.
28 (e) Other methods.--Other methods of destroying injured,
29 sick, homeless or unwanted domestic animals, such as the use of
30 carbon dioxide systems, may be used only with the prior written
19930H2215B2776 - 47 -
1 approval of the secretary.
2 Section 703. Prohibited means of destruction.
3 No domestic animal shall be destroyed by means of a high
4 altitude decompression chamber or decompression device. It shall
5 be a violation of this act for a humane society or animal
6 control society to have in its possession a high altitude
7 decompression chamber or decompression device.
8 Section 704. Exclusion for medical or veterinary schools.
9 Section 702(a) shall not apply to a medical school or school
10 of veterinary medicine or a research institution affiliated with
11 a hospital or university.
12 Section 705. Fines and other punitive actions.
13 Any person or organization found guilty of violating any
14 provision of this chapter shall be fined not more than $250 per
15 violation per day and may, in addition, be subject to any civil,
16 equitable or administrative remedy permitted under this act.
17 CHAPTER 8
18 GARBAGE FEEDING BUSINESS
19 Section 801. Licensure requirement.
20 Any person who feeds garbage to animals shall be deemed to be
21 engaged in the garbage feeding business. It shall be the duty of
22 any person to obtain a license from the department as a
23 precondition to operating a garbage feeding business within this
24 Commonwealth and to thereafter maintain a current license while
25 such business is in operation.
26 Section 802. Application and fee.
27 Any person intending to operate a garbage feeding business or
28 plant within this Commonwealth shall, prior to the commencement
29 of operation, file an application with the department for the
30 issuance of a garbage feeding business license. The application
19930H2215B2776 - 48 -
1 shall be made on a form provided by the department. A license
2 fee of $100 shall be submitted to the department for each
3 garbage feeding business to be operated by the applicant within
4 this Commonwealth. This license fee may be changed by the
5 department through regulations. The Commonwealth, political
6 subdivisions and charitable or religious institutions shall not
7 be required to pay this license fee.
8 Section 803. Issuance of license.
9 The department shall issue a license under this chapter upon
10 approval of the application, receipt of the appropriate license
11 fee, if any is required, inspection of the premises designated
12 on the application as the place of business and approval of the
13 buildings, equipment, sanitary conditions and other requirements
14 as the department may deem necessary.
15 Section 804. Term of license and renewal.
16 A license issued under this chapter shall expire at the end
17 of the calendar year for which it is issued. Licenses issued
18 prior to the effective date of this act shall remain in effect
19 until the end of the calendar year during which the license
20 would otherwise have expired. A licensee seeking to renew its
21 license for the succeeding calendar year shall file an
22 application and the appropriate license fee with the department
23 in the manner described in section 802. A license renewal
24 application shall be received by the department no later than
25 December 1 immediately preceding the calendar year for which the
26 license renewal is sought.
27 Section 805. Posting of license.
28 Any person licensed under this section and operating a
29 garbage feeding business shall post a copy of the license in a
30 conspicuous place in or at the place of business.
19930H2215B2776 - 49 -
1 Section 806. Heating certain garbage before feeding.
2 All garbage that may contain animals, animal parts or animal
3 products shall be heated thoroughly to a temperature of at least
4 212 degrees Fahrenheit for a period of at least 30 minutes
5 before being fed to animals, unless the garbage has been treated
6 in some other manner that has been approved by the department.
7 Each lot, batch or unit of garbage shall be heated in its
8 entirety to the required temperature and for the required length
9 of time. A true and accurate record of garbage so processed
10 shall be kept and maintained by the operator of a garbage
11 feeding business or plant for a period of not less than one
12 year. This record shall be made available to the department upon
13 its request.
14 Section 807. Prohibitions and conditions.
15 (a) Sanitation.--All garbage feeding businesses shall be
16 maintained in a reasonably sanitary condition. Approved methods
17 to exterminate flies, vermin and rodents shall be employed
18 regularly.
19 (b) Slaughter of certain animals prohibited.--It shall be
20 unlawful to slaughter animals for human consumption on any
21 premises used as a garbage feeding business or in any building
22 located on any such premises.
23 (c) Construction and management.--
24 (1) Feeding shall be done on water-tight floors,
25 properly drained and constructed so as to be maintained in a
26 sanitary condition.
27 (2) Any place where feeds are mixed and prepared and any
28 building connected with garbage feeding operations shall be
29 maintained in a sanitary condition and good repair.
30 (3) Manure and other refuse and rubbish shall not be
19930H2215B2776 - 50 -
1 allowed to accumulate within the buildings or upon the
2 premises of a garbage feeding business to create unsightly or
3 unsanitary conditions.
4 (4) The facility shall be constructed so that animals
5 are unable to have access to untreated garbage or materials
6 that have come into contact with untreated garbage.
7 Section 808. Inspections.
8 As a precondition to the issuance of a garbage feeding
9 business license and as a continuing condition of such
10 licensure, the department may inspect an applicant or licensee's
11 facilities for compliance with this act and its attendant
12 regulations.
13 Section 809. Notice to remedy and denial, suspension or
14 revocation of license.
15 The department shall provide an applicant or licensee under
16 this chapter with written notice of any violation of this
17 chapter or any regulation relating to garbage feeding
18 businesses. The written notice shall set forth the time within
19 which the applicant or licensee must correct the condition. If
20 an applicant or licensee fails to correct or eliminate such a
21 violation within the time set forth in the written notice, the
22 secretary may deny, suspend or revoke the license and seek other
23 penalties as are authorized by this act.
24 Section 810. Punishment for violations.
25 Any person who violates any provision of this chapter or any
26 regulation made under this chapter shall, for the first or
27 second offense, upon conviction thereof in a summary criminal
28 proceeding, be sentenced to pay a fine of not less than $100 nor
29 more than $300, and shall, in default of payment of such fine
30 and costs, be sentenced to a term of imprisonment of not more
19930H2215B2776 - 51 -
1 than 90 days; and for a third or subsequent offense commits a
2 misdemeanor of the third degree and shall, upon conviction, be
3 sentenced to pay a fine of not less than $500 nor more than
4 $1,000, and shall in default of payment of such fine and costs
5 receive the additional sentence of a term of imprisonment of not
6 more than one year.
7 CHAPTER 9
8 ADMINISTRATIVE PROVISIONS
9 Section 901. Cooperation.
10 In order to extend the efficiency of the department with
11 regard to the administration and implementation of this act, the
12 department is authorized to cooperate with the appropriate
13 regulatory agencies of the Federal Government, any state or
14 foreign nation.
15 Section 902. Conflicts with Dog Law.
16 Where any provision of this act or regulation promulgated
17 under authority of this act would conflict with or alter the
18 rights, duties or responsibilities of any person otherwise
19 subject to the act of December 7, 1982 (P.L.784, No.225), known
20 as the Dog Law, or its attendant regulations, the Dog Law or its
21 regulations shall control.
22 Section 903. Regulations.
23 (a) General authority.--The department has authority to
24 promulgate and adopt rules and regulations necessary for the
25 administration and implementation of the provisions of this act.
26 (b) Preexisting regulations.--Except to the extent that they
27 are inconsistent with any provision of this act, regulations in
28 effect on the day prior to the effective date of this act shall
29 continue in effect unless subsequently modified by regulations
30 promulgated by the secretary.
19930H2215B2776 - 52 -
1 (c) Fees.--The department may impose licensure and user fees
2 to recover costs of supplies, equipment, administration and
3 other fixed overhead costs to provide services and voluntary
4 programs to the domestic animal industry.
5 Section 904. Enforcement and penalties.
6 (a) Criminal penalties.--Unless otherwise specified, any
7 person who violates any of the provisions of this act or any
8 rule, regulation or order made under this act shall, upon
9 conviction in a summary proceeding before a district magistrate
10 or other court of jurisdiction, be sentenced for each offense to
11 pay a fine of not more than $300 and costs of prosecution and,
12 in default of payment of such fine and costs shall be sentenced
13 to undergo imprisonment for a period of not more than 90 days;
14 and for a subsequent offense, commits a misdemeanor of the first
15 degree and shall, upon conviction, be sentenced to pay a fine of
16 not less than $1,000 nor more than $10,000 or to imprisonment
17 for not more than five years, or both, at the discretion of the
18 court.
19 (b) Civil penalties.--
20 (1) In addition to proceeding under any other remedy
21 available at law or in equity for a violation of a provision
22 of this act or a rule or regulation adopted thereunder or any
23 order issued pursuant thereto, the secretary may assess a
24 civil penalty of not more than $10,000 upon an individual or
25 business for each offense.
26 (2) No civil penalty shall be assessed unless the person
27 charged shall have been given notice and opportunity for a
28 hearing on such charge in accordance with law.
29 (3) In determining the amount of the penalty, the
30 secretary shall consider the gravity of the violation. The
19930H2215B2776 - 53 -
1 secretary may issue a warning in lieu of assessing a penalty.
2 (4) In cases of inability to collect such civil penalty
3 or failure of any person to pay all or such portion of the
4 penalty as the secretary may determine, the secretary may
5 refer the matter to the Office of Attorney General, which
6 shall recover such amount by action in the appropriate court.
7 Section 905. Disposition of fees, fines and civil penalties.
8 All fines and civil penalties imposed and recovered for the
9 violation of any of the provisions of this act and any fees
10 collected pursuant to this act shall be paid into the State
11 Treasury through the Department of Revenue and credited to the
12 restricted revenue account provided for in section 4 of the act
13 of December 14, 1988 (P.L.1198, No.148), known as the Animal
14 Health and Diagnostic Act.
15 Section 906. Interference with officer or employee of
16 department.
17 A person who willfully or intentionally interferes with an
18 employee or officer of the department in the performance of
19 duties or activities authorized under this act commits a
20 misdemeanor of the third degree and shall, upon conviction, be
21 subject to a term of imprisonment of not more than one year or a
22 fine of not more than $2,500, or both.
23 Section 907. Civil remedy.
24 In addition to any other remedies provided for in this act,
25 the Attorney General, at the request of the secretary, may
26 initiate in the Commonwealth Court or the court of common pleas
27 of the county in which the defendant resides or has his place of
28 business an action in equity for an injunction to restrain any
29 and all violations of this act or the rules and regulations
30 promulgated under this act or any order issued pursuant to this
19930H2215B2776 - 54 -
1 act from which no timely appeal has been taken or which has been
2 sustained on appeal. In any such proceeding, the court shall,
3 upon motion of the Commonwealth, issue a preliminary injunction
4 if it finds that the defendant is engaging in conduct that is
5 unlawful under this act or is engaging in conduct which is
6 causing immediate or irreparable harm to the public. The
7 Commonwealth shall not be required to furnish bond or other
8 security in connection with such proceedings. In addition to an
9 injunction, the court, in such equity proceedings may levy civil
10 penalties under section 904.
11 Section 908. Saving clause.
12 The provisions of this act shall not affect any act done,
13 liability incurred or right accrued or vested or affect any suit
14 or prosecution pending or to be instituted to enforce any right
15 or penalty or punish any offense under the authority of any act
16 or part thereof repealed by this act.
17 Section 909. Inapplicability of penal cruelty to animals
18 statutes.
19 No action taken by the department or decision not to act made
20 by the department or condition or action required of another by
21 the department shall be construed as cruelty to animals under
22 any penal statute of this Commonwealth provided that such an
23 action, decision or condition is taken, made or required under
24 the authority of this act and its attendant regulations.
25 Section 910. Exemption for governmental entities.
26 All agencies or commissions of the Federal Government and the
27 Commonwealth shall be exempt from the licensure requirements of
28 Chs. 4, 5 and 8.
29 Section 911. Preemption of local laws and regulations.
30 This act and its provisions are of Statewide concern and
19930H2215B2776 - 55 -
1 occupy the whole field of regulation regarding the
2 identification of domestic animals, the detection, containment
3 or eradication of dangerous transmissible diseases, the
4 licensure of domestic animal or dead animal dealers, brokers,
5 agents and haulers, the procedure for disposal of dead domestic
6 animals and animal waste, the procedure for the slaughter and
7 processing of domestic animals, the disposition of injured,
8 sick, homeless or unwanted domestic animals and the licensure
9 and conditions of garbage feeding businesses, to the exclusion
10 of all local regulations. Except as otherwise specifically
11 provided in this act, no ordinance, law or regulation of any
12 political subdivision or home rule municipality may regulate
13 these fields if the ordinance, law or regulation is in conflict
14 with this act.
15 Section 912. Repeals.
16 The following acts and parts of acts are repealed:
17 Act of May 9, 1889 (P.L.151, No.167), entitled "An act to
18 prevent the spread of contagious diseases among domestic
19 animals."
20 Act of June 25, 1895 (P.L.286, No.200), entitled "An act
21 legalizing the dehorning of cattle."
22 Act of May 26, 1897 (P.L.99, No.82), entitled "An act to
23 protect the health of the domestic animals of the Commonwealth
24 of Pennsylvania."
25 Act of May 2, 1901 (P.L.121, No.88), entitled "An act to
26 provide for the prevention of the spread of disease from the
27 carcasses of animals that die of dangerous or virulent diseases,
28 or are killed while afflicted with such disease; to provide for
29 the safe disposal or destruction of such carcasses; to authorize
30 the State Live Stock Sanitary Board to make regulations for the
19930H2215B2776 - 56 -
1 enforcement of this act; and to provide penalties for the
2 violations of this act and of the regulations that may be made
3 under it by the State Live Stock Sanitary Board."
4 Act of March 30, 1905 (P.L.78, No.56), entitled "An act to
5 further define the duties and powers of the State Live Stock
6 Sanitary Board; to prevent the spread of dangerous, contagious
7 or infectious diseases among domestic animals; to require
8 reports to be made of the existence of such diseases; to limit
9 appraisements and payments for animals that it may be necessary
10 to destroy to prevent the spread of disease; to protect milk
11 supplies from contamination; to authorize cooperation with local
12 boards of health; and to prescribe penalties for the violation
13 of the provisions hereof."
14 Act of June 7, 1913 (P.L.462, No.308), entitled "An act
15 providing for the humane destruction of any animal or animals
16 which are injured, disabled, diseased, past recovery, or unfit
17 for any useful purpose; and authorizing any magistrate,
18 alderman, or justice of the peace, in a trial of a person
19 charged with a violation of any act for the prevention of
20 cruelty to animals, to inquire into the condition of the animal
21 or animals charged with being abused; and directing policemen,
22 constables, and agents of duly incorporated societies or
23 associations for the prevention of cruelty to animals, to carry
24 out the provisions of the act."
25 Act of July 22, 1913 (P.L.928, No.441), referred to as the
26 Domestic Animal Disease Suppression Law.
27 Act of March 28, 1929 (P.L.110, No.117), entitled "A
28 supplement to the act, approved the twenty-second day of July,
29 one thousand nine hundred and thirteen (Pamphlet Laws, nine
30 hundred and twenty-eight), entitled "An act relating to domestic
19930H2215B2776 - 57 -
1 animals; defining domestic animals so as to include poultry;
2 providing methods of improving the quality thereof, and of
3 preventing, controlling, and eradicating diseases thereof;
4 imposing certain duties upon practitioners of veterinary
5 medicine in Pennsylvania; regulating the manufacture, use and
6 sale of tuberculin, mallein and other biological products for
7 use with domestic animals; defining the powers and duties of the
8 State Livestock Sanitary Board, and the officers and employes
9 thereof; fixing the compensation of the Deputy State
10 Veterinarian; and providing penalties for the violation of this
11 act," regulating the bringing and importation of cattle, sheep,
12 goats, swine, poultry and wild and semi-wild animals into the
13 Commonwealth."
14 Section 1713 of the act of April 9, 1929 (P.L.177, No.175),
15 known as The Administrative Code of 1929.
16 Act of April 17, 1929 (P.L.533, No.236), entitled "An act
17 regulating the quarantining of animals, poultry, premises,
18 localities, and areas in the Commonwealth; defining quarantines
19 and the powers and duties of the Department of Agriculture its
20 officers and agents in establishing and enforcing quarantines;
21 and providing penalties for the violation of this act."
22 Act of June 22, 1931 (P.L.650, No.225), entitled "An act
23 requiring persons, associations, partnerships and corporations,
24 and their agents, herein defined as dealers and brokers,
25 engaging in the business of buying, receiving, selling,
26 exchanging, negotiating, or soliciting the sale, resale,
27 exchange, or transfer of certain domestic animals, to be
28 licensed by the Department of Agriculture; providing for the
29 revocation of such licenses, imposing certain duties on such
30 dealers and brokers, and their agents; conferring powers on said
19930H2215B2776 - 58 -
1 department; and providing penalties."
2 Act of June 22, 1931 (P.L.682, No.249), entitled "An act
3 relating to domestic animals, and providing for their
4 appraisement when condemned to prevent the spread of disease;
5 and regulating payments by the Commonwealth in such cases, and
6 the payment of salvage by butchers."
7 Act of May 18, 1945 (P.L.796, No.317), entitled "An act
8 relating to and regulating the business of the use and
9 disposition of the bodies of dead animals; providing for the
10 licensing of such business and the cancellation of such
11 licenses, authorizing the Department of Agriculture to
12 promulgate rules and regulations therefor; and imposing certain
13 duties upon said department; and providing penalties."
14 Act of April 20, 1949 (P.L.650, No.147), entitled "An act
15 relating to and regulating the slaughtering of equine animals
16 for animal feeding purposes and to protect the public health and
17 the health of domestic animals and wild animals held in
18 captivity; providing for the licensing of such establishments
19 and the cancellation of such licenses; defining the powers and
20 duties of the Department of Agriculture; and providing
21 penalties."
22 Act of June 19, 1953 (P.L.279, No.55), entitled "An act to
23 protect the public health as well as the livestock industry of
24 the Commonwealth of Pennsylvania by regulating the business of
25 collecting, transporting, cooking and feeding garbage to swine;
26 providing for renegotiating contracts or parts of such contracts
27 made with persons engaged in such business; providing for the
28 licensing of such business and cancellation of such licensing;
29 authorizing the Department of Agriculture to promulgate rules
30 and regulations therefor; imposing certain duties upon said
19930H2215B2776 - 59 -
1 department; and providing penalties."
2 Act of September 14, 1965 (P.L.519, No.263), entitled "An act
3 providing certain requirements for the commercial slaughtering
4 of livestock; defining the humane methods that may be used;
5 imposing powers and duties upon the Secretary of Agriculture;
6 and providing penalties."
7 Act of March 28, 1974 (P.L.221, No.48), entitled "An act
8 providing for the marking and branding of livestock, recording
9 of brands, fees, uses and sales of brands and penalties."
10 Act of December 22, 1983 (P.L.303, No.83) entitled "An act
11 relating to destruction of pet animals; prohibiting certain
12 methods of destruction; providing for regulations and
13 enforcement; providing for use of certain surplus funds; and
14 providing penalties."
15 Section 913. Effective date.
16 This act shall take effect in 60 days.
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