PRIOR PRINTER'S NO. 2815 PRINTER'S NO. 3336
No. 2256 Session of 1993
INTRODUCED BY D. R. WRIGHT, COY, ROONEY, STABACK, DeLUCA,
CAPPABIANCA, TRELLO, JOSEPHS, NYCE, KUKOVICH, HARLEY,
E. Z. TAYLOR, MUNDY, GEIST, LYNCH, ADOLPH, HENNESSEY, WOGAN,
RAYMOND, CARONE, LAUB, BELARDI, STERN, DRUCE, BELFANTI,
LAUGHLIN, FREEMAN, D. W. SNYDER, McCALL, RUBLEY, PISTELLA,
STEELMAN AND SERAFINI, NOVEMBER 24, 1993
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 16, 1994
AN ACT
1 Amending the act of December 7, 1982 (P.L.784, No.225), entitled
2 "An act relating to dogs, regulating the keeping of dogs;
3 providing for the licensing of dogs and kennels; providing
4 for the protection of dogs and the detention and destruction
5 of dogs in certain cases; regulating the sale and
6 transportation of dogs; declaring dogs to be personal
7 property and the subject of theft; providing for the
8 assessment of damages done to livestock, poultry and domestic
9 game birds; providing for payment of damages by the
10 Commonwealth in certain cases and the liability of the owner
11 or keeper of dogs for such damages; imposing powers and
12 duties on certain State and local officers and employees;
13 providing penalties; and creating a Dog Law Restricted
14 Account," further providing for kennels, for sales documents
15 and for selling or trading dogs; and providing for duties of
16 State dog wardens.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 206 of the act of December 7, 1982
20 (P.L.784, No.225), known as the Dog Law, is amended by adding a
21 subsection to read:
22 Section 206. Kennels.
1 * * *
2 (e) Dogs in danger.--If a dog is removed from a kennel under
3 section 402(5), the kennel shall return any fee charged for care
4 of the dog.
5 Section 2. Sections 207 AND 210 and 215 of the act are <--
6 amended to read:
7 Section 207. Transfer of kennels.
8 (a) Kennel removed to another county.--Whenever any person
9 who keeps or operates a kennel permanently removes the kennel to
10 another county, he shall file an application with the secretary
11 to transfer his license to the county of removal. Upon approval
12 by the secretary, the kennel license shall remain in effect,
13 until it has expired pursuant to section 206.
14 (b) Maintenance of kennels.--All kennels shall be
15 [maintained] operated in a sanitary and humane condition [in
16 accordance with standards and sanitary codes promulgated by the
17 secretary.] so as to protect the health and well-being of the
18 dogs housed in the kennel. Specifically, all kennels shall
19 conform to the following conditions:
20 (1) All primary enclosures shall be constructed and
21 maintained to provide sufficient space for each dog to move
22 freely about, turn fully around, stand fully erect and to sit
23 and lie down in a normal, comfortable position. When an
24 animal becomes too large for its cage, it shall be promptly
25 transferred to a cage that provides sufficient space as set
26 forth in this paragraph.
27 (2) The bottom of each enclosure shall be constructed so <--
28 as not to injure or cause discomfort to the dog's feet while
29 in a standing position or while moving about the cage.
30 (2) THE FLOORS OF THE ENCLOSURE SHALL BE CONSTRUCTED SO <--
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1 AS TO PROTECT THE ANIMAL'S FEET AND LEGS FROM INJURY. THE
2 ENCLOSURES MAY HAVE WIRE OR GRID FLOORING IF THE GAUGE OF THE
3 WIRE OR GRID MATERIAL IS OF ADEQUATE SIZE TO SUPPORT THE
4 ANIMAL AND TO PREVENT SAGGING UNDER THE WEIGHT AND IF THE
5 MESH OPENINGS ARE OF A SUITABLE SIZE FOR THE AGE AND SPECIES
6 OF THE ANIMAL. WIRE OR GRID FLOORING SHALL HAVE MESH OPENINGS
7 OF SUCH SIZE AS TO PREVENT THE ANIMAL'S FEET FROM PASSING
8 THROUGH THE OPENINGS.
9 (3) The temperature of the enclosure shall be maintained
10 at a level to protect the animal's health.
11 (4) The enclosure shall be constructed so as to provide
12 protection from the elements such as wind, rain, snow and
13 sun.
14 (5) Both indoor and outdoor enclosures shall provide
15 animals adequate natural or artificial light.
16 (6) Enclosures shall be maintained in a sanitary way so
17 as to prevent the spread of disease and to protect the health
18 of the animal.
19 (7) Food that is nutritional and free from contamination
20 or disease shall be provided AT LEAST once a day unless <--
21 otherwise directed by a veterinarian. Water shall be provided
22 AT LEAST twice a day unless otherwise specified by a <--
23 veterinarian. Food and water shall be provided in spill-
24 resistant dishes or receptacles. Self-feeders may be used.
25 All receptacles used to feed dogs shall be regularly
26 sanitized and cleaned.
27 (8) Dogs AS APPROPRIATE FOR THEIR AGE AND HEALTH, DOGS <--
28 shall be removed from their enclosures at least once a day
29 for an extended period of at least 30 minutes for exercise,
30 either in an outside pen or an enclosed pen providing
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1 appropriate space and conditions for the dog to run about
2 unless a veterinarian recommends otherwise or weather
3 conditions prohibit the exercise of dogs in an outdoor
4 facility.
5 (9) Dogs being kept primarily for breeding purposes may
6 not be bred in such a way so as to endanger its THEIR own <--
7 health, AS DETERMINED BY A VETERINARIAN. <--
8 (10) KENNELS SHALL BE IN COMPLIANCE WITH 9 CFR PART 3
9 (RELATING TO STANDARDS), AS APPLICABLE TO ENCLOSURES FOR
10 DOGS.
11 (c) Records to be maintained.--Every keeper of a kennel
12 shall keep a record of each dog at any time kept in the kennel
13 for two years. Such record shall show:
14 (1) The breed, color, markings, sex and age of each dog.
15 (2) The date on which each dog entered the kennel.
16 (3) Where it came from.
17 (4) To whom it belongs.
18 (5) For what purpose each dog is kept in the kennel.
19 (6) The date on which each dog leaves the kennel.
20 (7) How and to whom it is disposed.
21 Such record shall be legible and shall be open to inspection by
22 any employee of the department, State dog warden or police
23 officer or agent of any legally constituted law enforcement
24 agency as defined by this act.
25 (d) Additional requirements.--Every holder of a kennel
26 license shall attach one tag to a collar or harness of each dog
27 six months old or older kept by that person, whenever the dog is
28 not within the kennel except as provided for in section 202.
29 Section 210. [Bills of sale.] Documents.
30 (a) Bills of sale.--All owners or operators of kennels
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1 described in section 206, and all out-of-state dealers shall be
2 required to have in their possession a bill of sale for each dog
3 purchased or transported, except for dogs delivered to the
4 kennel licensee for purposes of boarding or for dogs whelped at
5 the kennel. Any bill of sale which is fraudulent or indicates
6 the theft of any dog, shall be prima facie evidence for the
7 immediate revocation of license by the secretary. The bill of
8 sale shall contain information required by the secretary through
9 regulations.
10 (b) Certificates of sale.-- <--
11 (1) A dog offered for sale by a kennel shall be
12 accompanied by a certificate of sale that contains all of the
13 following:
14 (i) Information on the breed, sex and age of the
15 dog.
16 (ii) A record of vaccinations and veterinary
17 treatment received by the dog.
18 (iii) A record of the current health of the dog.
19 (iv) Other information required by regulations of
20 the department.
21 (2) Information under paragraph (1)(i) through (iii)
22 must be verified by a veterinarian. Information under
23 paragraph (1)(iv) must be verified by a veterinarian if the
24 regulation requires.
25 Section 215. Selling, bartering or trading dogs.
26 (a) General rule.--It shall be unlawful for any person to
27 buy, sell, transfer, barter, trade, raffle, rent, auction or
28 offer as an inducement to purchase any product, commodity or
29 service, any dog at any public place other than at licensed
30 kennel locations, pet shop-kennels licensed pursuant to this
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1 act, dog shows, or field trials sponsored by a recognized breed
2 or kennel association. For purposes of this section the term
3 public place shall mean a place to which the general public has
4 a right to resort; not necessarily a place devoted solely to the
5 uses of the public, but a place which is in point of fact public
6 rather than private, a place visited by many persons and usually
7 accessible to the neighboring public. It shall be unlawful to
8 barter, trade, sell or in any way transfer any dog under seven
9 weeks of age, unless such puppies have been orphaned and it
10 becomes necessary to transfer said orphaned puppies to a
11 nonprofit kennel.
12 (b) Equitable relief.--If, within three months of a sale of
13 a dog, a veterinarian certifies that information subject to
14 section 210(b)(2) was incorrect or misrepresented, the consumer
15 may elect to return the dog and receive a replacement or to
16 return the dog and receive a full refund.
17 (B) HEALTH RECORD AND CERTIFICATE.--A SELLER SHALL PROVIDE A <--
18 PURCHASER OF A DOG WITH A HEALTH RECORD FOR THE DOG AT THE TIME
19 OF SALE. IN ADDITION, THE SELLER SHALL PROVIDE TO THE PURCHASER
20 A HEALTH CERTIFICATE ISSUED BY A LICENSED VETERINARIAN WITHIN 21
21 DAYS PRIOR TO THE DATE OF SALE FOR THE DOG.
22 (C) CONTENTS OF HEALTH RECORD.--THE RECORD OF HEALTH SHALL
23 INCLUDE:
24 (1) INFORMATION OF BREED, SEX AND AGE, IF KNOWN.
25 (2) A RECORD OF VACCINATIONS AND VETERINARY TREATMENT
26 RECEIVED BY THE DOG WHILE IN THE POSSESSION OF THE SELLER.
27 (3) OTHER INFORMATION REQUIRED BY REGULATIONS OF THE
28 DEPARTMENT.
29 (4) THE NAME AND ADDRESS OF THE SELLER ALONG WITH A
30 SIGNED STATEMENT AFFIRMING THAT ALL OF THE ABOVE INFORMATION
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1 IS ACCURATE TO THE BEST OF THE SELLER'S INFORMATION AND
2 BELIEF.
3 (5) SIGNATURES OF BOTH THE SELLER AND THE PURCHASER.
4 (D) EQUITABLE RELIEF.--IF, WITHIN 14 DAYS AFTER THE DATE OF
5 ITS PURCHASE, A DOG IS DETERMINED, THROUGH PHYSICAL EXAMINATION
6 BY A VETERINARIAN LICENSED IN THIS COMMONWEALTH, TO HAVE A
7 CONTAGIOUS OR INFECTIOUS ILLNESS OR TO BE CLINICALLY ILL FROM A
8 PARASITIC ILLNESS, THE PURCHASER MAY EXERCISE ONE OF THE
9 FOLLOWING OPTIONS, EXCEPT AS PROVIDED IN SUBSECTION (E):
10 (1) HE MAY RETURN THE DOG TO THE SELLER FOR A COMPLETE
11 REFUND, INCLUDING SALES TAX.
12 (2) HE MAY RETURN THE DOG TO THE SELLER FOR A
13 REPLACEMENT DOG OF EQUAL VALUE, PROVIDING A REPLACEMENT DOG
14 IS AVAILABLE. REMEDIES UNDER THIS SECTION SHALL ALSO APPLY TO
15 REPLACEMENT DOGS.
16 (E) EXCEPTIONS.--A FINDING BY A VETERINARIAN OF INTESTINAL
17 PARASITES SHALL NOT BE GROUNDS FOR DECLARING THE DOG UNFIT FOR
18 SALE UNLESS THE DOG IS CLINICALLY ILL DUE TO SUCH CONDITION. A
19 DOG SHALL NOT BE FOUND UNFIT FOR SALE ON ACCOUNT OF INJURY
20 SUSTAINED OR ILLNESS CONTRACTED SUBSEQUENT TO THE DATE OF SALE.
21 SUBSECTION (D) SHALL NOT APPLY WHERE A SELLER, IN CERTIFYING THE
22 HEALTH OF A DOG IN ACCORDANCE WITH SUBSECTION (B), DISCLOSES
23 VERBALLY AND IN WRITING AT THE TIME OF SALE THE HEALTH PROBLEM
24 FOR WHICH THE BUYER LATER SEEKS TO RETURN THE DOG.
25 (F) SELLER'S RIGHTS.--IF THE SELLER DESIRES TO CONTEST THE
26 CERTIFICATION OF THE PURCHASER'S VETERINARIAN, THE SELLER SHALL
27 HAVE THE RIGHT, WITHIN 14 DAYS OF NOTIFICATION BY THE PURCHASER
28 OF THE FINDINGS OF THE PURCHASER'S VETERINARIAN, TO REQUIRE THE
29 PURCHASER TO PRODUCE THE DOG FOR EXAMINATION AT SELLER'S EXPENSE
30 BY A LICENSED VETERINARIAN DESIGNATED BY THE SELLER. THE
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1 PURCHASER MUST ALSO DELIVER TO SELLER A COPY OF THE
2 VETERINARIAN'S CERTIFICATION, INCLUDING COPIES OF ALL FINDINGS,
3 LABORATORY TESTS AND OTHER MEDICAL RECORDS IN THE POSSESSION OF
4 THE PURCHASER'S VETERINARIAN RELIED UPON WHEN CERTIFYING THAT
5 THE SELLER'S INFORMATION WAS INACCURATE OR MISREPRESENTED. IF
6 THE PARTIES CANNOT RESOLVE THE CLAIM WITHIN 14 BUSINESS DAYS
7 FOLLOWING RECEIPT OF THE VETERINARIAN'S INFORMATION, EITHER
8 PARTY MAY FILE AN ACTION IN A COURT OF COMPETENT JURISDICTION TO
9 RESOLVE THE DISPUTE. IF A PARTY, INCLUDING ONE OF THE
10 VETERINARIANS, ACTS IN BAD FAITH, THE OTHER PARTY MAY COLLECT
11 REASONABLE ATTORNEY FEES.
12 Section 3. The act is amended by adding a section to read:
13 Section 402. State dog wardens.
14 A State dog warden has the following powers and duties:
15 (1) To inspect kennels and pet shop kennels.
16 (2) To verify that the requirements of this act are
17 being complied with.
18 (3) To report any continuing violations to the
19 department.
20 (4) To recommend the imposition of fines when
21 appropriate.
22 (5) Upon suspicion that a dog is in poor health or is
23 being mistreated, to require a veterinarian to examine the
24 dog. If the dog is found by the veterinarian to be in poor
25 health or mistreated, the State dog warden shall order
26 supplemental care for the dog based upon recommendations of
27 the veterinarian. The dog shall be reexamined by the
28 veterinarian after one month TWO WEEKS to ensure that the <--
29 kennel is complying with recommendations under this
30 paragraph. If it is found that the kennel is not complying
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1 with these recommendations, the dog shall be removed from the
2 facility in order to protect its health.
3 Section 4. This act shall take effect in 60 days.
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