THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

SENATOR BRUBAKER, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED, APRIL 13, 2010   

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 exclusions, for use of

<--

carbon monoxide systems and for use of drugs by humane

<--

societies and animal shelters; providing for enforcement; and

further providing for penalties; and providing for local law

<--

enforcement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1 Sections 1 and 4 of the act of December

<--

22, 1983 (P.L.303, No.83), referred to as the Animal Destruction

Method Authorization Law, is are 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 4.  Exclusions.

<--

(a)  General.--This act shall not apply to activity

undertaken in a normal agricultural operation.

(b)  Specific.--Sections 2 and 3 of this act shall not apply

to:

(1)  a medical school [or];

(2)  a school of veterinary medicine [or];

(3)  a research institution affiliated with a hospital or

university[.]; or

(4)  a research facility registered and inspected under

the Animal Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et

seq.).

(c)  Definition.--As used in this section, the term "normal

agricultural operation" has the meaning given in section 2 of

the act of June 10, 1982 (P.L.454, No.133), entitled "An act

protecting agricultural operations from nuisance suits and

ordinances under certain circumstances."

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 Section 5 of the act is repealed: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 2.1.  Section 6 of the act is amended to read:

<--

Section 6.  Humane societies' and animal shelters' use of drugs.

(a)  Limited license.--[On and after the effective date of

this act, a]

(1)  A humane society organization or an animal control

organization may apply to the [Pennsylvania] State Board of

Pharmacy for [registration] a limited license pursuant to the

applicable law for the sole purpose of being authorized to

purchase, possess and administer [sodium pentobarbital] drugs

approved for euthanasia under subsection (c) to destroy

injured, sick, homeless or unwanted domestic [pet] animals. A

limited license may be issued by the [board] State Board of

Pharmacy to [eligible] applicants that meet the eligibility

criteria set by the State Board of Pharmacy. [Any agency so

registered]

(2)  An organization licensed under paragraph (1) shall

not permit a person to administer [sodium pentobarbital]

drugs approved for euthanasia under subsection (c) unless

[such person has demonstrated adequate knowledge of the

potential hazards and proper techniques to be used in

administering this drug.] that person holds a current

euthanasia technician license under subsection (d).

(3)  Notwithstanding any other provision of this act, if

the Department of Agriculture suspends or revokes an

organization's kennel license under the act of December 7,

1982 (P.L.784, No.225), known as the Dog Law, the

organization's limited license to purchase, possess and

administer drugs approved for euthanasia under this section

shall be deemed revoked.

(b)  Regulation and enforcement.--

(1)  The [Pennsylvania Department of Agriculture] State

Board of Pharmacy, in consultation with the department, shall

regulate and enforce the provisions of [this section]

subsection (a).

(2)  To implement this subsection, the department and the

State Board of Pharmacy shall each:

(i)  issue a statement of policy within 120 days of

the effective date of this paragraph; and

(ii)  promulgate regulations within two years of the

effective date of this paragraph.

(c)  Approval.--The State Board of Veterinary Medicine shall

approve drugs to be used for euthanasia. The State Board of

Veterinary Medicine shall regulate and enforce the provisions of

this subsection by:

(1)  issuing a statement of policy within 120 days of the

effective date of this subsection; and

(2)  promulgating regulations within two years of the

effective date of this subsection.

(d)  Euthanasia technicians.--

(1)  The State Board of Veterinary Medicine shall

determine the regulation and discipline of euthanasia

technicians by:

(i)  issuing a statement of policy within 120 days of

the effective date of this subsection; and

(ii)  promulgating regulations within two years of

the effective date of this subsection.

(2)  The State Board of Veterinary Medicine may issue a

euthanasia technician license to an applicant who satisfies

all of the following subparagraphs:

(i)  Meets the eligibility criteria set forth by the

board.

(ii)  Demonstrates adequate knowledge of the

potential hazards and proper techniques to be used in

administration of euthanasia drugs by satisfying one of

the following clauses:

(A)  Successfully completes a euthanasia

technician certification course, including at least

14 hours of instruction, which is approved by:

(I)  the National Animal Control Association;

(II)  the American Humane Association; or

(III)  the Humane Society of the United

States.

(B)  Is a euthanasia technician registered or

licensed under the laws of another state or territory

of the United States which has requirements

substantially similar to the requirements of this

section and presents satisfactory proof to the board

of being engaged in the practice of euthanasia for a

period of at least one year out of the past five

years.

(C)  Meets other requirements established by the

State Board of Veterinary Medicine.

(3)  The State Board of Veterinary Medicine shall

regulate and enforce the provisions of this subsection.

(e)  Cooperation.--For purposes of administration and

enforcement of subsections (a) and (c), the State Board of

Pharmacy and the State Board of Veterinary Medicine may, by

agreement with the department, designate the department to act

as their authorized agent for the limited purposes of inspecting

and monitoring humane society organizations and animal control

organizations, and persons who euthanize animals on behalf of

these organizations, for compliance with the applicable

requirements of those subsections and their implementing

regulations.

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

Section 8.1.  Local law enforcement Enforcement agencies.

<--

A local law enforcement agency The Department of Agriculture 

<--

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

<--

(a)  Destruction of animals.--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

<--

(b)  Other provisions.--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.

(c)  Disposition of fines.--Fines collected under this

<--

section shall be deposited into the Dog Law Restricted Account.

Section 5.  This act shall take effect in 60 180 days.

<--