THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY LOGAN, KITCHEN, BOSCOLA, FONTANA, STACK, COSTA, ALLOWAY, RAFFERTY, WONDERLING AND FERLO, MARCH 20, 2009

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MARCH 20, 2009  

AN ACT

Amending the act of December 22, 1983 (P.L.303, No.83), entitled

"An act relating to destruction of pet animals; prohibiting

certain methods of destruction; providing for a limited

license to dispense certain drugs; providing for regulation

and enforcement; providing for use of certain surplus funds;

and providing penalties," further providing for prohibited

means of destroying animals, for use of carbon monoxide

systems and for penalties; and providing for local law

enforcement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1 of the act of December 22, 1983

(P.L.303, No.83), referred to as the Animal Destruction Method

Authorization Law, is amended to read:

Section 1.  Prohibited means of destruction of animals.

No animal shall be destroyed by means of [a] the following:

(1)  A high altitude decompression chamber or

decompression device.

(2)  Carbon monoxide gas from any source.

(3)  Chloroform, ether, halothane, fluothane or any

similar substance, when administered in an airtight chamber

or plastic bag.

Section 2. Section 5 of the act is repealed:

[Section 5.  Use of carbon monoxide systems.

(1)  Carbon monoxide gas may be used to destroy animals

seven weeks of age or older.

(2)  Chloroform, ether, halothane or fluothane may be

used to destroy animals under seven weeks of age when

administered in an airtight chamber or transparent plastic

bag providing for segregation of animals by size and age

which is capable of permitting unobstructed visual

observation and which does not permit direct contact with any

device containing chloroform.

(3)  Carbon monoxide gas systems shall consist of and be

equipped with:

(i)  A tightly enclosed cabinet for the purpose of

containing the animals during the destruction process.

(ii)  Internal lighting and a window for direct

visual observation in the cabinet at all times.

(iii)  A gas generation capable of achieving a

concentration of carbon monoxide gas of at least 5%

throughout the cabinet.

(iv)  A gauge or gas concentration indicator or

recording device.

(v)  A means of separating animals from each other

within the cabinet, if the cabinet is of sufficient size

to facilitate more than one animal.

(vi)  A means of fully removing the carbon monoxide

gas from the cabinet upon completion of the destruction

process.

(vii)  If an internal combustion engine is used, a

means of cooling the gas to a temperature not to exceed

115 degrees Fahrenheit at the point of entry into the

cabinet and not to exceed 90 degrees Fahrenheit at any

point in the cabinet as determined by temperature gauges

permanently installed at point of entry and inside the

cabinet.

(viii)  If the gas is generated by an internal

combustion engine, a means of removing or filtering out

all noxious fumes, irritating acids and carbon particles

from the gas before it enters the cabinet.

(ix)  If an internal combustion engine is used, a

means of substantially deadening the sound and vibration

transmission from the engine to the cabinet, by placing

them in separate rooms or soundproof compartments

connecting them with flexible tubing or pipe at least 24

inches in length, so that the noise level within the

cabinet shall not exceed 70 decibels.

(x)  If an internal combustion engine is used, a

means for exhausting the internal combustion engine gas

during the period of engine warmup.

(4)  Upon completion of the destruction process, animals

shall not be removed from the cabinet until the carbon

monoxide gas has been fully removed from the cabinet.]

Section 3.  The act is amended by adding a section to read:

Section 8.1.  Local law enforcement agencies.

A local law enforcement agency is authorized to conduct

investigations and to enforce sections 1, 2, 3, 4 and 7.

Section 4.  Section 9 of the act is amended to read:

Section 9.  Penalty.

(1)  Any person or organization found guilty of violating

[the provisions] section 1 of this act shall be fined not to

exceed [$250] $500 per violation day. Any person or

organization found guilty of violating section 1 of this act

for the second or subsequent occurrence shall be fined not to

exceed $1,000 per violation day.

(2)  Any person or organization found guilty of violating

the balance of this act shall be fined not to exceed $350 per

violation day. Any person or organization found guilty of

violating the balance of this act for the second or

subsequent occurrence shall be fined not to exceed $700 per

violation day.

Section 5.  This act shall take effect in 60 days.