PRINTER'S NO. 211
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
234
Session of
2021
INTRODUCED BY PHILLIPS-HILL, BOSCOLA, LANGERHOLC, COLLETT,
BARTOLOTTA, FONTANA, KEARNEY, STREET, ARGALL, SANTARSIERO,
STEFANO, MUTH, BLAKE, TARTAGLIONE, SCHWANK, K. WARD, COMITTA,
KANE, BREWSTER, CAPPELLETTI, SABATINA, HAYWOOD, ROBINSON,
L. WILLIAMS, LAUGHLIN, REGAN AND SCAVELLO, FEBRUARY 18, 2021
REFERRED TO JUDICIARY, FEBRUARY 18, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in riot, disorderly conduct and
related offenses, providing for transfer and sale of animals.
This act may be referred to as Victoria's Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 55 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER C
TRANSFER AND SALE OF ANIMALS
Sec.
5571. Definitions.
5572. Advertising information.
5573. Sales by pet shops .
5574. Enforcement.
§ 5571. Definitions.
The following words and phrases when used in this subchapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Animal care facility." An animal control center or animal
shelter, maintained by or under contract with a State, county or
municipality, the mission or practice of which is to protect the
welfare of animals and the placement of animals in permanent
homes or animal rescue organizations.
"Animal rescue organization." As follows:
(1) A not-for-profit organization that has tax-exempt
status under section 501(c)(3) of the Internal Revenue Code
of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), the
primary mission or practice of which is the rescue of animals
and the placement of those animals in permanent homes.
(2) The term does not include the following:
(i) An entity that is a breeder or broker.
(ii) An entity that is affiliated with or housed on
the premises of a breeder or broker.
(iii) An entity that obtains dogs from a breeder or
broker in exchange for payment or compensation or resells
dogs obtained from a breeder or broker and provides
payment or compensation to the breeder or broker.
"Breeder." A person that maintains dogs, cats or rabbits for
the purpose of breeding and selling their offspring.
"Broker." A person that transfers dogs, cats or rabbits from
a breeder for resale by another person.
"Cat." As defined in section 102 of the Dog Law.
"Dog." As defined in section 102 of the Dog Law.
"Dog Law." The act of December 7, 1982 (P.L.784, No.225),
known as the Dog Law.
"Offer for sale." To sell, offer for sale or adoption,
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barter, auction, give away or otherwise transfer a dog, cat or
rabbit.
"Pet shop." A person or facility that offers for sale on a
retail basis animals to be kept as household pets.
"Police officer." As defined in section 102 of the Dog Law.
"Rabbit." A domesticated or pet rabbit. The term does not
include a rabbit intended for human consumption.
"State dog warden." As defined in section 102 of the Dog
Law.
§ 5572. Advertising information.
(a) Requirement.--An individual required to possess a
Federal, State or local license to breed or broker dogs shall
prominently include that individual's name or business name as
registered with the licensing agency and each applicable
Federal, State or local license number in the text of an
advertisement offer for the sale of a dog through a newspaper,
posting, the mail, an Internet website or another form of media.
(b) Penalty.--An individual who violates subsection (a)
shall be subject to a civil penalty of $100 for each
advertisement offer.
§ 5573. Sales by pet shops.
(a) Offense defined.--No pet shop may offer for sale a dog,
cat or rabbit.
(b) Construction.--Subsection (a) shall not be construed to
prohibit a pet shop from providing space to an animal care
facility or animal rescue organization if:
(1) the animal care facility or animal rescue
organization offers dogs, cats or rabbits for adoption in
accordance with the adoption procedures of section 902-A of
the Dog Law;
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(2) the pet shop does not have an ownership interest in
the animals offered; and
(3) the pet shop does not receive a fee for providing
space for the adoption of an animal.
(c) Grading.--A violation of this section is a summary
offense punishable by a fine of not less than $500 per animal
offered for sale in violation of this section.
§ 5574. Enforcement.
A police officer or State dog warden, in addition to any
other person otherwise authorized by law, may enforce the
provisions of this subchapter.
Section 2. This act shall take effect in 180 days.
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