SENATE AMENDED
PRIOR PRINTER'S NOS. 1981, 2302, 3765 PRINTER'S NO. 4009
No. 1580 Session of 2005
INTRODUCED BY PHILLIPS, B. SMITH, STABACK, BAKER, BELARDI,
BIRMELIN, BOYD, CALTAGIRONE, CAPPELLI, CAUSER, CREIGHTON,
DALEY, FLEAGLE, GEIST, GEORGE, GERGELY, GILLESPIE, GODSHALL,
HANNA, HARRIS, HERSHEY, HESS, HUTCHINSON, M. KELLER, MAJOR,
McILHATTAN, R. MILLER, PICKETT, REICHLEY, SATHER, SCAVELLO,
STERN, E. Z. TAYLOR, YOUNGBLOOD, SOLOBAY, McNAUGHTON,
S. MILLER, DENLINGER AND GOODMAN, MAY 12, 2005
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 1, 2006
AN ACT
1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2 Statutes, further providing for the regulation of Cervidae
3 livestock operations.
4 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS: <--
5 A CERVIDAE LIVESTOCK OPERATION IS A NORMAL AGRICULTURAL
6 OPERATION OF THIS COMMONWEALTH. CERVIDAE LIVESTOCK FACILITIES
7 AND THEIR EQUIPMENT ARE CONSIDERED TO BE AGRICULTURAL
8 FACILITIES AND EQUIPMENT. USES RELATED TO THE FARMING AND
9 HARVESTING OF CERVIDS ARE TO BE CONSIDERED AGRICULTURAL USES
10 REGULATED BY THE DEPARTMENT.
11 THE SECRETARY OF AGRICULTURE SHALL ASSURE THAT CERVIDAE
12 LIVESTOCK OPERATIONS ARE AFFORDED ALL RIGHTS, PRIVILEGES,
13 OPPORTUNITIES AND RESPONSIBILITIES OF NORMAL AGRICULTURAL
14 OPERATIONS.
15 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. The definition of "Cervidae livestock operation"
3 in section 2303 of Title 3 of the Pennsylvania Consolidated
4 Statutes is amended to read:
5 § 2303. Definitions.
6 The following words and phrases when used in this chapter
7 shall have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 * * *
10 ["Cervidae livestock operation." A farm operation which:
11 (1) contains behind fences privately owned members of
12 the genus and species cervus elaphus involved in the
13 production, growing, breeding, using, harvesting,
14 transporting, exporting, importing or marketing of Cervidae
15 species or Cervidae products; and
16 (2) does not allow captive bred or captive held Cervidae
17 species to be harvested through hunting anywhere on the farm
18 operation.]
19 * * *
20 Section 2. The definition of "license" in section 2380.1 of
21 Title 3 is amended and the section is amended by adding
22 definitions to read:
23 § 2380.1. Definitions.
24 The following words and phrases when used in this subchapter
25 shall have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 * * *
28 "Cervid." Any member of the Cervidae family and any hybrid.
29 "Cervidae livestock family." Members of the Cervidae family
30 including deer, elk, moose, reindeer, caribou and hybrids of
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1 these animals owned and maintained by a licensee under this
2 subchapter. The term also includes the germ plasm, embryos and
3 fertile ova of these animals.
4 "Cervidae livestock operation." A normal agricultural
5 operation which contains behind fences privately owned members
6 of the Cervidae livestock family involved in the production,
7 growing, breeding, using, harvesting, transporting, exporting,
8 importing or marketing of Cervidae species or Cervidae products.
9 The term does not include an animal slaughter facility regulated
10 under Subchapter F (relating to slaughter and processing of
11 domestic animals) or a menagerie permitted under 34 Pa.C.S. §
12 2964 (relating to menagerie permits).
13 "Harvesting." Any lethal or nonlethal means of collecting
14 cervids or products from cervids on Cervidae livestock
15 operations.
16 "License." A license issued by the Department of Agriculture
17 to operate a Cervidae livestock operation.
18 * * *
19 "Normal agricultural operation." As defined under section 2
20 of the act of June 10, 1982 (P.L.454, No.133), entitled "An Act
21 protecting agricultural operations from nuisance suits and
22 ordinances under certain circumstances."
23 Section 3. Title 3 is amended by adding a section to read: <--
24 § 2380.1a. Cervidae livestock operations.
25 (a) General rule.--A Cervidae livestock operation is a
26 normal agricultural operation of this Commonwealth. Cervidae
27 livestock facilities and their equipment are considered to be
28 agricultural facilities and equipment. Uses related to the
29 farming and harvesting of cervids are to be considered
30 agricultural uses regulated by the department.
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1 (b) Duty of secretary.--The secretary shall assure that
2 Cervidae livestock operations are afforded all rights,
3 privileges, opportunities and responsibilities of normal
4 agricultural operations.
5 Section 4 3. Sections 2380.2, 2380.4, 2380.5, 2380.6(a), (C) <--
6 and (d) and 2380.9 of Title 3 are amended to read:
7 § 2380.2. License required. <--
8 (a) Requirement.--A person may not operate a Cervidae
9 livestock operation within this Commonwealth unless the person
10 has a license. A separate license is required for each Cervidae
11 livestock operation.
12 (b) Classes of licenses.--The department shall establish
13 three classes of licenses for applicants:
14 (1) Class I (Hobby). A Cervidae livestock operation in
15 which members of the Cervidae livestock family may be brought
16 onto the premises through interstate or intrastate commerce.
17 The animals, either alive or dead, may not be removed from
18 the premises except for noncommercial, personal use.
19 (2) Class II (Breeding). A Cervidae livestock operation
20 in which members of the Cervidae livestock family may be
21 brought onto the premises through interstate or intrastate
22 commerce. Live animals or animal products may be sold or
23 transported, either permanently or temporarily, from the
24 premises through interstate or intrastate commerce, including
25 the movement of the animals temporarily for the purpose of
26 exhibition.
27 (3) Class III (Ranch). A Cervidae livestock operation
28 in which members of the Cervidae livestock family may be
29 harvested through the act of taking or killing of the
30 animals, including chasing, tracking, calling, pursuing,
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1 lying in wait, shooting at or using any personal property in
2 furtherance of any of these purposes. Cervids may be brought
3 onto the premises through interstate or intrastate commerce.
4 Cervids and animal products may be removed from the premises
5 after being harvested. Live cervids may be removed from the
6 premises and relocated to another premise after the animal
7 has met the conditions of interstate or intrastate transport
8 in a manner consistent with regulations promulgated by the
9 department.
10 (c) Removal of animals.--
11 (1) In addition to the provisions of subsection (b),
12 cervids may be removed from the licensed premises for any of
13 the following purposes:
14 (i) Prevention of the spread of disease.
15 (ii) Furtherance of the health and welfare of the
16 cervids.
17 (iii) Discontinuance of the operation.
18 (2) Removal of any cervid under this subsection shall be
19 done with the approval of the department or in a manner
20 consistent with regulations promulgated by the department.
21 § 2380.4. Issuance.
22 [The] (a) Inspection.--The department shall inspect the
23 premises of and investigate each applicant. An inspection under
24 this subsection may be made by the department or an agent of the
25 department, including a licensed doctor of veterinary medicine
26 accredited by the department.
27 (b) Issuance.--Subject to subsection (c)(3), the department
28 shall issue a license if it determines, after inspection of the
29 premises and investigation of the applicant, all of the
30 following:
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1 (1) The premises, including fences, buildings, equipment
2 and sanitary conditions, comply with this subchapter and
3 regulations of the department under this subchapter.
4 (2) The applicant [can] is able to conduct a Cervidae
5 livestock operation in compliance with this subchapter and
6 regulations of the department under this subchapter.
7 (c) Provisional license.--
8 (1) A Cervidae livestock operation which is in operation
9 on the effective date of this subsection but which was not,
10 prior to the effective date of this subsection, subject to
11 licensure shall be granted a provisional license in the <--
12 appropriate classification.
13 (2) Within one year of the effective date of this
14 subsection, the department shall, for each provisional
15 licensee:
16 (i) perform the investigation and inspection under
17 this section; and
18 (ii) either issue a license or deny the application.
19 (3) If the department does not comply with the time
20 requirement under paragraph (2) for a provisional license <--
21 LICENSE APPLICATION BY A PROVISIONAL LICENSEE, a license <--
22 shall be deemed to be issued.
23 § 2380.5. [Renewal] TERM; RENEWAL. <--
24 (a) Term.--A license is valid for a period of [one year] <--
25 YEAR.] two years from the date of: <--
26 (1) issuance under section 2380.4(b) (relating to
27 issuance); or <--
28 (2) deemed issuance under section 2380.4(c)(3); OR <--
29 (3) RENEWAL UNDER SUBSECTION (B).
30 (b) Determination RENEWAL.--A license [may] shall be renewed <--
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1 upon application if the department determines all of the
2 following:
3 (1) The licensee has not been cited for a violation of
4 this subchapter or a regulation of the department under this
5 subchapter.
6 (2) There is no reason to believe that the licensee
7 [cannot] is unable to conduct a Cervidae livestock operation
8 in compliance with this subchapter and regulations of the
9 department under this subchapter.
10 § 2380.6. Keeping and handling of cervids.
11 (a) Pens[, shelters] and enclosures.--The department shall
12 adopt regulations concerning the type [and size] of pens[,
13 shelters] and enclosures used for Cervidae livestock operations.
14 Regulations shall ensure [that pens, shelters or enclosures] all <--
15 of the following:
16 (1) The fenced enclosure used to hold cervids [are no
17 less than] is at a height not exceeding ten feet from the
18 ground to the top, surrounding the outside perimeter of the
19 operation, and is designed to protect the public and confine
20 the privately owned cervids. REGULATIONS SHALL ENSURE [THAT <--
21 PENS, SHELTERS OR ENCLOSURES USED TO HOLD CERVIDS ARE NO
22 LESS] ALL OF THE FOLLOWING APPLY:
23 (1) THE FENCED ENCLOSURE SURROUNDS THE OUTSIDE PERIMETER
24 OF THE OPERATION AND IS DESIGNED TO PROTECT THE PUBLIC AND
25 CONFINE THE PRIVATELY OWNED CERVIDS. REGULATIONS UNDER THIS
26 PARAGRAPH MAY REQUIRE A FENCE HEIGHT OF NOT GREATER THAN TEN
27 FEET FROM THE GROUND TO THE TOP[,].
28 (2) The premises is adequate to provide for the health
29 and comfort of the cervids [and be designed to protect the
30 public, confine the cervids and exclude the entity of wild
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1 cervids].
2 * * *
3 (C) LIVE CERVIDAE.--CERVIDS MAY BE BROUGHT ONTO THE PREMISES <--
4 THROUGH INTERSTATE OR INTRASTATE COMMERCE AND MAY BE REMOVED
5 FROM THE PREMISES OR RELOCATED TO ANOTHER PREMISES IN A MANNER
6 CONSISTENT WITH THIS CHAPTER AND REGULATIONS PROMULGATED BY THE
7 DEPARTMENT. ON DELIVERY OF A LIVE CERVID, THE CERVIDAE LIVESTOCK
8 OPERATION SHALL PREPARE AND DELIVER TO THE SHIPPER, PURCHASER OR
9 CONSIGNEE A RECEIPT, DETAILED INVOICE OR CONSIGNMENT DOCUMENT
10 INCLUDING THE DATE, NAME AND ADDRESS OF PURCHASER OR PERSON TO
11 WHOM SOLD OR CONSIGNED, THE QUANTITY, SEX AND SPECIES OF THE
12 CERVID AND THE NAME AND ADDRESS OF THE CERVIDAE LIVESTOCK
13 OPERATION.
14 (d) Dead Cervidae.--CERVIDS AND CERVID PRODUCTS MAY BE <--
15 REMOVED FROM THE PREMISES OR RELOCATED TO ANOTHER PREMISES IN A
16 MANNER CONSISTENT WITH THIS CHAPTER AND REGULATIONS PROMULGATED
17 BY THE DEPARTMENT. Prior to delivery and removal from the
18 Cervidae livestock operation premises, the Cervidae livestock
19 operation shall place the dead cervid or part of a cervid in a
20 package or container or shall attach a label to it. The package,
21 container or label shall have printed upon it the name, address
22 and telephone number of the Cervidae livestock operation who
23 produced the cervid. The Cervidae livestock operation shall also
24 issue a receipt, detailed invoice or consignment document
25 including the date of shipment or sale, the name of the shipper,
26 purchaser or consignee, the quantity and sex and species of the
27 cervid so shipped or sold and the name and address and [permit]
28 license number of the Cervidae livestock operation shipping,
29 consigning or selling cervids. A dead cervid produced under the
30 authority of the Cervidae livestock operation may not be removed
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1 from its package or container or have removed from it the label
2 provided for in this subsection until final consumption or
3 disposal.
4 * * *
5 § 2380.9. Game and Wildlife Code and regulations.
6 [This subchapter supersedes any contrary provision in 34
7 Pa.C.S. (relating to game).] (a) Code.--The provisions of 34
8 Pa.C.S. (relating to game) are repealed insofar as they are
9 inconsistent with this subchapter.
10 (b) Regulations.--
11 (1) The provisions of 58 Pa. Code Pt. III (relating to
12 Game Commission) are abrogated insofar as they are
13 inconsistent with this subchapter.
14 (2) Notwithstanding any other provision of law, the
15 Pennsylvania Game Commission has no authority to promulgate
16 regulations on Cervidae livestock operations.
17 Section 5. This act shall take effect as follows: <--
18 (1) The amendment of 3 Pa.C.S. § 2380.2 shall take
19 effect in 120 days.
20 (2) The remainder of this act shall take effect
21 immediately.
22 SECTION 4. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. <--
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