SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MAHER, PETRARCA AND FRANKEL, SEPTEMBER 21, 2012

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, OCTOBER 16, 2012   

AN ACT

Regulating animal euthanasia; imposing penalties; and making a

<--

related repeal.

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," adding definitions; further

providing for prohibited means of destroying animals, for

methods of destruction of animals, for administration of

drugs, for exclusions, for use of carbon monoxide systems and

for use of drugs by humane societies and animal shelters;

providing for disclosure; further providing for existing

devices, for surplus funds and for penalties; and making

editorial changes.

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 Animal

Euthanasia Method 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:

"Certified veterinary technician."  As defined in section

3(13) of the act of December 27, 1974 (P.L.995, No.326), known

as the Veterinary Medicine Practice Act.

"Licensed doctor of veterinary medicine" or "veterinarian."

A person who is currently licensed pursuant to the act of

December 27, 1974 (P.L.995, No.326), known as the Veterinary

Medicine Practice Act.

"Normal agricultural operation."  As defined in 18 Pa.C.S. §

5511 (relating to cruelty to animals).

"Society or association."  As defined in 22 Pa.C.S. § 3702

(relating to definitions).

Section 3.  Prohibited means of destruction of animals.

No animal shall be destroyed by means of any of the

following:

(1)  A high altitude decompression chamber or

decompression device.

(2)  Carbon monoxide gas.

(3)  Drowning.

(4)  Chloroform, ether, halothane or fluothane for

animals under seven weeks of age when administered in an

airtight chamber or transparent plastic bag.

Section 4.  Required method of destruction.

(a)  Required method.--The required method of animal

destruction shall be by the use of a drug:

(1)  approved by the Food and Drug Administration for

animal euthanasia;

(2)  used as directed under the veterinary prescription

legend to result in a humane and painless death; and

(3)  administered by a veterinarian, certified veterinary

technician or other individual under the supervision of a

veterinarian.

(b)  Veterinarian.--Except as prohibited under section 3, a

licensed doctor of veterinary medicine in clinical practice may

directly administer any method of euthanasia that is consistent

with both the standard of care as defined by the State Board of

Veterinary Medicine and the most current version of the American

Veterinary Medical Association's Guidelines on Euthanasia.

(c)  Tranquilization.--An animal may be tranquilized with a

substance approved by the Food and Drug Administration before

euthanasia commences.

Section 5.  Exclusions.

(a)  Normal agricultural operation activity.--This act shall

not apply to activity undertaken in normal agricultural

operation.

(b)  Schools and other entities.--This act shall not apply to

any of the following:

(1)  A medical school.

(2)  A school of veterinary medicine.

(3)  A research institution affiliated with a hospital or

university.

(4)  A research facility that is one of the following:

(i)  Registered and inspected under the Animal

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

(ii)  Subject to the public health service policy on

the humane care and use of laboratory animals under the

Public Health Service Act (58 Stat. 682, 42 U.S.C. § 201

et seq.).

(iii)  Subject to the provisions of 21 CFR Pt. 58

(relating to good laboratory practice for nonclinical

laboratory studies) or its successor regulation under the

Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21

U.S.C. § 301 et seq.) or the Public Health Service Act.

(c)  Method.--Nothing in this act shall prevent a person from

destroying a pet animal by means of firearms. This subsection

shall not apply to dogs in commercial kennels, as that term is

defined in the act of December 7, 1982 (P.L.784, No.225), known

as the Dog Law.

(d)  Feral animals.--This act shall not apply to feral

animals or animals deemed dangerous. Under no circumstance shall

this exclusion apply to any cat or dog.

Section 6.  Penalties.

(a)  Destruction of animals.--A person or society or

association that violates section 3 shall be subject to a fine

not to exceed $500 per violation day. A person or organization

that commits a second or subsequent violation of section 3 shall

be subject to a fine not to exceed $1,000 per violation day.

(b)  Other provisions.--Except as set forth in subsection

(a):

(1)  A person or society or association that violates

this act shall be subject to a fine not to exceed $350 per

violation day.

(2)  A person or society or association that commits a

second or subsequent violation of this act shall be subject

to a fine 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 7.  Use of drugs.

A society or association may apply to the State Board of

Pharmacy for registration pursuant to the applicable law for the

sole purpose of being authorized to purchase, possess and

administer drugs in accordance with section 4 to destroy

injured, sick, homeless or unwanted pet animals. A limited

license may be issued by the board to eligible applicants. A

society or association so registered shall administer drugs in

accordance with section 4.

Section 8.  Use of methods of destruction on humans.

Nothing in this act shall be construed to permit the

performance of any methods of destruction provided for under

this act on any human.

Section 9.  Repeal.

(a)  Declaration.--The General Assembly finds and declares

that the repeal under subsection (b) is necessary to effectuate

this act.

(b)  Action.--The act of December 22, 1983 (P.L.303, No.83),

referred to as the Animal Destruction Method Authorization Law,

is repealed.

Section 10.  Effective date.

This act shall take effect in 90 days.

Section 1.  The act of December 22, 1983 (P.L.303, No.83), 

<--

referred to as the Animal Destruction Method Authorization Law,

is amended by adding a chapter to read:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Animal

Destruction Method Authorization Law.

Section 102.  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 protection organization."  Any of the following:

(1)  A nonprofit society or association incorporated

under 15 Pa.C.S. Ch. 53 Subch. A (relating to incorporation

generally) for the purpose of the prevention of cruelty to

animals.

(2)  A municipality which operates an animal shelter.

"Board."  The State Board of Veterinary Medicine.

"Department."  The Department of Agriculture of the

Commonwealth.

"Small domestic animals."  As follows:

(1)  Any of the following whose general intended purpose

is to be kept and cared for as household pets:

(i)  Rabbits.

(ii)  Mice.

(iii)  Rats.

(iv)  Hamsters.

(v)  Guinea pigs.

(vi)  Ferrets.

(vii)  Birds.

(viii)  Reptiles.

(ix)  Amphibians.

(2)  All cats and dogs.

Section 2.  The act is amended by adding a chapter heading to

read:

CHAPTER 3

METHODOLOGY

Section 3.  Sections 1 and 2 of the act are renumbered and

amended to read:

Section [1] 301.  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)  Unacceptable agents and methods published in the

most current version of the American Veterinary Medical

Association's Guidelines on Euthanasia.

(3)  Drowning.

(4)  Chloroform, ether, halothane or fluothane.

(5)  Carbon monoxide gas from any source.

Section [2] 302.  Methods of destruction of animals and

exclusive method for small domestic animals.

(a)  Required method.--The required method of destruction

shall be [by the administration of an overdose of a barbiturate,

barbiturate combinations, drug or drug combinations approved for

this purpose by the Federal Drug Administration and in

accordance with guidelines established by the Pennsylvania

Department of Agriculture] the use of a method that is approved

for that purpose by the most current version of the American

Veterinary Medical Association's Guidelines on Euthanasia with

the exception of those agents and methods prohibited by section

301.

(b)  Authorized method.--Nothing in this act shall prevent a

person or [humane society] animal protection organization from

destroying [a pet] an animal by means of firearms.

(c)  Small domestic animals.--

(1)  Except as set forth in paragraph (2), the use of

commercially available injectable euthanasia solution

approved by the Food and Drug Administration for that purpose

shall be the exclusive method for euthanasia of small

domestic animals.

(2)  If euthanasia solution becomes unavailable, the

board may issue a waiver of the requirements of this section

which would permit the use of any method of euthanasia that

is consistent with both the standard of care as defined by

the board and the most current version of the American

Veterinary Medical Association's Guidelines on Euthanasia.

(d)  Exception for dangerous small domestic animals.--In

cases where a small domestic animal under the care and control

of any person or animal protection organization poses an

imminent threat to human or animal life, an alternative method

of euthanasia may be used if it is in accordance with section

301 of this act.

(e)  Tranquilization.--An animal may be tranquilized with a

substance approved by the Food and Drug Administration before

euthanasia commences.

Section 3.1.  Section 3 of the act is repealed:

[Section 3.  Administration of drugs.

The barbiturates, barbiturate combinations or other Federal

Drug Administration approved drugs or drug combinations shall be

administered by intravenous, intraperitoneal or intracardiac

injections or orally by a licensed veterinarian or as set forth

in section 6.]

Section 3.2.  Section 4 of the act is renumbered and amended

to read:

Section [4] 303.  Exclusions.

[Sections 2 and 3 of this act] (a)  Agricultural

operations.--

(1)  This act shall not apply and nothing in this act

shall prevent the destruction of an animal by a means not

otherwise prohibited by law performed in the course of normal

agricultural operation.

(2)  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), referred to as

the Right-to-Farm Law, without regard to area utilized or

anticipated yearly income to result from the agricultural

operation.

(b)  Specific entities.--The following exclusions apply:

(1)  Section 302 shall not apply to:

(i)  Except as prohibited in section 301, a person 

<--

veterinarian or a certified veterinary technician under

<--

the indirect supervision of a veterinarian licensed under

the act of December 27, 1974 (P.L.995, No.326), known as

the Veterinary Medicine Practice Act;

(ii)  a medical school [or];

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

(iv)  a research institution affiliated with a

hospital or university[.]; or

(v)  a research facility that is one of the

following:

(A)  Registered and inspected under the Animal

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

seq.).

(B)  Subject to the Public Health Service Policy

on the Humane Care and Use of Laboratory Animals

under the Public Health Service Act (58 Stat. 682, 42

U.S.C. § 201 et seq.).

(C)  Subject to the provisions of 21 CFR Pt. 58

(relating to good laboratory practice for nonclinical

laboratory studies) under the Federal Food, Drug and

Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.)

or the Public Health Service Act.

(2)  (Reserved).

Section 4.  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 5.  Section 6 of the act is renumbered and amended to

read:

Section [6] 304.  [Humane societies' and animal shelters']

Annual Animal protection organization use of drugs.

<--

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

this act, a humane society organization or an animal control

organization may apply to the Pennsylvania State Board of

Pharmacy for registration pursuant to the applicable law for the

sole purpose of being authorized to purchase, possess and

administer sodium pentobarbital to destroy injured, sick,

homeless or unwanted domestic pet animals. A limited license may

be issued by the board to eligible applicants. Any agency so

registered shall not permit a person to administer sodium

pentobarbital unless such person has demonstrated adequate

knowledge of the potential hazards and proper techniques to be

used in administering this drug.] License.--The following apply

to animal protection organizations:

(1)  An animal protection organization may apply to the

board for the sole purpose of being authorized to purchase,

possess and administer drugs approved for euthanasia under

section 302 in accordance with regulations promulgated under

this act and the act of December 27, 1974 (P.L.995, No.326),

known as the Veterinary Medicine Practice Act.

(2)  An animal protection organization authorized under

paragraph (1) may not permit a person to administer drugs

approved for euthanasia unless that person holds a current

euthanasia technician license under subsection (c) 

<--

subsections (b) and (c) or is a person licensed as a

<--

veterinarian under the act of December 27, 1974 (P.L.995,

No.326), known as the Veterinary Medicine Practice Act.

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

the department suspends or revokes a kennel license of an

animal protection organization under the act of December 7,

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

authorization to purchase, possess and administer drugs

approved for euthanasia under subsection (c) shall be

immediately revoked. at that kennel and the department shall

<--

report the suspension or revocation to the board. The

department shall report all suspected violations of this act

to the board.

(b)  Regulation and enforcement.--The following regulation

and enforcement provisions shall apply:

(1)  The [Pennsylvania Department of Agriculture] board 

shall regulate and enforce the provisions of this [section.] 

act, including the authority to inspect an animal protection

<--

organization and revoke a license or authorization issued

under this act.

(2)  To implement this subsection, the board shall:

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

the effective date of this paragraph; and

(ii)  promulgate regulations within one year 18

<--

months of the effective date of this paragraph.

(c)  Euthanasia technicians.--The following shall apply:

(1)  The board may issue a euthanasia technician license

to an applicant who satisfies all of the following:

(i)  Meets the eligibility criteria established by

the board, which shall include knowledge of the

Commonwealth's statutes and regulations relating to

euthanasia.

(ii)  Demonstrates adequate knowledge of the

potential hazards and proper techniques to be used in

administration of euthanasia drugs by satisfying all

requirements of the board and at least one of the

following:

(A)  Successfully completes a euthanasia

technician certification course, including at least

14 hours of instruction, which is approved by the

board and administered by:

(I)  the National Animal Control Association;

(II)  the American Humane Association;

(III)  the Humane Society of the United

States;

(IV)  the Pennsylvania Veterinary Medical

Association;

(V)  the University of Pennsylvania School of

Veterinary Medicine;

(VI)  the Federated Humane Societies of

Pennsylvania; or

(VII)  any other courses approved by the

board.

(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

board.

(2)  The board shall regulate, discipline and enforce the

provisions of this subsection by:

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

the effective date of this subsection; and

(ii)  promulgating regulations within one year 18

<--

months of the effective date of this subsection.

(d)  Cooperation.--For the purpose of enforcement of this

act, the board may enter into a memorandum of understanding with

the department and designate the department to act as its

authorized agent for the limited purposes of inspecting and

monitoring animal protection organizations, and persons who

euthanize animals on behalf of animal protection organizations,

for compliance with the applicable requirements and any

implementing regulations.

Section 5.1.  The act is amended by adding a section to read:

Section 305.  Disclosure.

Upon request, any veterinarian or animal protection

organization utilizing an euthanasia method for the destruction

of small domestic animals must disclose all methods that are

utilized by the person.

Section 6.  The act is amended by adding a chapter heading to

read:

CHAPTER 5

ADMINISTRATION AND ENFORCEMENT

Section 7.  Section 7 of the act is renumbered and amended to

read:

Section [7] 501.  Existing devices.

Any [humane society organization or any other similar]

person, animal protection organization or other organization

which, on the effective date of this act, has in its possession

a chamber or device, the use of which is prohibited by this act,

shall, within 30 days of the effective date of this act,

dismantle and render inoperative the chamber or device.

Section 8.  Section 8 of the act is repealed:

[Section 8.  Surplus funds.

Whenever the Secretary of Agriculture declares that there is

a surplus of money in the Dog Law Restricted Account, he may

provide payment to those persons who qualify under rules and

regulations of the department for reimbursement of losses

sustained as a result of compliance with the provisions of this

act.]

Section 9.  Section 9 of the act is renumbered and amended to

read:

Section [9] 502.  Penalty.

(a)  Additional penalties.--Any penalty imposed by the board

under this section shall be in addition to the civil and

criminal penalties provided for under the act of December 27,

1974 (P.L.995, No.326), known as the Veterinary Medicine

Practice Act.

(b)  Destruction of small domestic animals.--Any person or

animal protection organization [found guilty of violating the

provisions of this act] not authorized or licensed under this

act that is found in violation of section 301 or 302(c) this act 

<--

by the board or the State Board of Pharmacy shall be fined not

<--

to exceed [$250] $500 per violation day. The board or the State

<--

Board of Pharmacy may impose an additional penalty of $1,000 per

violation for a second or subsequent violation of section 301 or

<--

302(c) this act.

<--

(c)  Additional civil penalty imposed by the board.--

(1)  In addition to any other civil penalty provided for

under this act, the board may impose a civil penalty of up to

$10,000 on any current licensee or certificate holder who

violates any provision of this act or any person who

practices as a euthanasia technician without being properly

licensed under this act.

(2)  The penalty under paragraph (1) may be imposed by

the board after affording the accused party the opportunity

for a hearing, as provided under 2 Pa.C.S. (relating to

administrative law and procedure).

(d)  Disposition of fines.--All fines and civil penalties

imposed in accordance with this act shall be paid into the

Professional Licensure Augmentation Account.

Section 10.  The act is amended by adding a chapter heading

to read:

CHAPTER 11

MISCELLANEOUS PROVISIONS

Section 11.  Sections 10 and 11 of the act are renumbered to

read:

Section [10] 1101.  Use of methods of destruction on humans.

Nothing in this act shall be construed to permit the

performance of any methods of destruction provided for herein on

any human person.

Section [11] 1102.  Effective date.

This act shall take effect in six months.

Section 12.  This act shall take effect as follows:

(1)  The renumbering and amendment of section 1 of the

act shall take effect in 90 days.

(2)  This section shall take effect immediately.

(3)  The remainder of this act shall take effect in 180

days.