Regular Session 2023-2024 Senate Bill 0701 P.N. 0762

PRINTER'S NO. 762

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

701

Session of

2023

INTRODUCED BY COMITTA, FONTANA, HAYWOOD, KANE, SANTARSIERO,

PENNYCUICK, CAPPELLETTI, COSTA, BREWSTER, MILLER AND SCHWANK,

MAY 15, 2023

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MAY 15, 2023

AN ACT

Providing for prohibition on sale of dogs and cats bred by

certain persons, for duty of persons, kennels and animal

testing facilities to offer dogs and cats for adoption and

for whistleblower protection; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Dog and Cat

Protection Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Animal testing facility." A facility, including a private

entity, State agency or an institution of higher education, that

confines and uses dogs or cats for research, education, testing

or other scientific or medical purposes. The term shall include

any of the following:

(1) A kennel or facility subject to the Public Health

Service Policy on Humane Care and Use of Laboratory Animals

provided for under 42 U.S.C. Ch. 6A (relating to public

health service).

(2) A kennel or facility subject to the provisions of 21

CFR Pt. 58 (relating to good laboratory practice for

nonclinical laboratory studies), 21 U.S.C. Ch. 9 (relating to

Federal Food, Drug, and Cosmetic Act) or 42 U.S.C. Ch. 6A.

(3) A research kennel licensed under the Dog law.

"Dealer." A person who in the regular course of business for

compensation or profit buys, sells, transfers, exchanges or

barters dogs and cats. The term does not include any of the

following:

(1) A person who transports companion animals in the

regular course of business as a common carrier.

(2) A person whose primary purpose is to find permanent

adoptive homes for companion animals.

"Department." The Department of Agriculture of the

Commonwealth.

"Dog Law." The act of December 7, 1982 (P.L.784, No.225),

known as the Dog Law.

"Kennel." As defined in section 102 of the Dog Law.

"Police officer." As defined in section 102 of the Dog Law.

"Releasing agency." As defined in section 901-A of the Dog

Law.

"Research." As defined in section 102 of the Dog Law.

"Research kennel." As defined in section 102 of the Dog Law.

"State dog warden." As defined in section 102 of the Dog

Law.

Section 3. Prohibition on sale of dogs and cats bred by certain

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persons.

Notwithstanding the provisions of section 908 of the Dog Law,

a dealer or kennel may not sell or offer for sale, including a

sale for research purposes, a dog or cat bred by a person who

has received any of the following from the United States

Department of Agriculture as authorized under 7 U.S.C. Ch. 54

(relating to transportation, sale, and handling of certain

animals):

(1) A citation for a direct or critical violation or

citations for three or more indirect or noncritical

violations during the two-year period before the procurement

of the dog or cat.

(2) Two consecutive citations for no access to a housing

facility before the procurement of the dog or cat.

Section 4. Duty of persons, kennels and animal testing

facilities to offer dogs and cats for adoption.

(a) Duties.--

(1) If any person, kennel or animal testing facility

specified under paragraph (2) does not have a need for a dog

or cat in its possession and the dog or cat does not pose a

health or safety risk to the public or the welfare of the dog

or cat, the person, kennel or animal testing facility shall

offer for release the dog or cat to a releasing agency for

eventual adoption or for adoption through a private

placement. In the case of an animal testing facility operated

by a State agency or an institution of higher education, the

animal testing facility may develop its own adoption program.

(2) Paragraph (1) shall apply only to the following:

(i) A person who raises cats regulated under Federal

law as research animals or sells or transfers cats to an

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animal testing facility.

(ii) A kennel that breeds dogs regulated under

Federal law as research animals.

(iii) A kennel that sells or transfers dogs to an

animal testing facility or a research kennel.

(iv) An animal testing facility.

(3) Any person, kennel or animal testing facility

subject to this subsection shall keep the offer for release

under paragraph (1) available for a reasonable period of time

for a duration of up to 21 days before euthanizing a dog or

cat specified under paragraph (1).

(b) Implementation.--Any person, kennel or animal testing

facility under subsection (a) may enter into an agreement with a

releasing agency to implement the requirements under subsection

(a).

facility under subsection (a) shall not be liable for civil

damages for a dog or cat adopted under subsection (a).

(d) Annual reports.--Any person, kennel or animal testing

facility under subsection (a) shall annually submit a report to

the department stating the number of dogs and cats that were

adopted under subsection (a) and the name of each releasing

agency utilized by the person, kennel or animal testing

facility.

Section 5. Recordkeeping requirements for persons and kennels

engaged in the raising of dogs or cats for research

purposes.

(a) Requirements.--

(1) A person or kennel specified under paragraph (2) and

engaged in the raising of dogs or cats for research purposes

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shall keep accurate records of all of the following:

(i) A dog or cat purchased, acquired, owned, held or

otherwise in the possession or control of the person or

kennel.

(ii) A dog or cat transported, euthanized, sold or

otherwise disposed of during the two-year period from the

date of the purchase, acquisition, transfer or

disposition of the dog or cat.

(2) Paragraph (1) shall apply only to the following:

(i) A person who raises cats regulated under Federal

law as research animals or sells or transfers cats to an

animal testing facility.

(ii) A kennel that breeds dogs regulated under

Federal law as research animals.

(iii) A kennel that sells or transfers dogs to an

animal testing facility or a research kennel.

(b) Records.--The records under subsection (a) shall include

all of the following:

(1) The name and address of the person from whom a dog

or cat was purchased or acquired and the person's license or

registration number if the person is licensed or registered

under 7 U.S.C. Ch. 54 (relating to transportation, sale, and

handling of certain animals).

(2) The date on which a dog or cat was purchased or

acquired.

(3) The name and address of the person to whom a dog or

cat was sold, given or transferred and the person's license

or registration number if the person is licensed or

registered under 7 U.S.C. Ch. 54.

(4) The official United States Department of

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Agriculture's tag number or tattoo assigned to a dog or cat

under 7 U.S.C. Ch. 54.

(5) A description of a dog or cat, including all of the

following:

(i) The species and breed or type.

(ii) The sex.

(iii) The date of birth or approximate age.

(iv) The color and distinctive markings.

(6) The date and number of offspring born of a dog or

cat while in the possession or under the control of the

person or kennel under subsection (a).

(7) Medical care and vaccinations provided to a dog or

cat.

(8) The date and method of disposition of a dog or cat,

including the sale, death and cause of death of the dog or

cat if the disposition is not euthanasia, adoption or

transfer.

(9) The number of dogs or cats in the possession of the

person or kennel under subsection (a) that the person or

kennel does not need.

(10) The number of dogs or cats described under

paragraph (9) that have been offered for transfer to a

releasing agency for eventual adoption or for adoption

through private placement.

shall ensure that the records under subsection (a) are legible

and the records shall be open to inspection and may be copied by

an employee of the department, State dog warden or police

officer.

(d) Submission.--A person or kennel under subsection (a)

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shall annually submit a summary of the records under subsection

(a) to the department in a form determined by the department.

Section 6. Whistleblower protection.

An employee of any person, dealer, kennel, animal testing

facility, private entity, State agency or institution of higher

education subject to this act shall be deemed to be an employee

under the act of December 12, 1986 (P.L.1559, No.169), known as

the Whistleblower Law, with regard to a good faith report of a

potential violation of this act, the Dog Law or 7 U.S.C. Ch. 54

(relating to transportation, sale, and handling of certain

animals). Any dealer, kennel, animal testing facility, private

entity, State agency or institution of higher education subject

to this act shall be deemed to be an employer under the

Whistleblower Law with regard to a good faith report of a

potential violation of this act, the Dog Law or 7 U.S.C. Ch. 54.

Section 7. Annual report.

No later than July 1, 2024, and each July 1 thereafter, the

department shall submit a report summarizing the information

collected under this act and complaints, enforcement activities

and penalties authorized under this act to the following:

(1) The chair and minority chair of the Agriculture and

Rural Affairs Committee of the Senate.

(2) The chair and minority chair of the Agriculture and

Rural Affairs Committee of the House of Representatives.

Section 8. Penalties.

A violation of this act shall constitute a misdemeanor of the

third degree.

Section 9. Regulations.

The department may promulgate regulations as necessary to

implement this act.

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Section 10. Effective date.

This act shall take effect in 120 days.

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