STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1309	By:	Richardson

AS INTRODUCED

An Act relating to animals; amending 4 O.S. 2001, Section 501, which relates to the Dog and Cat Sterilization Act; allowing for disposal of a euthanized animal for certain purposes; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     4 O.S. 2001, Section 501, is amended to read as follows:
Section 501.  A.  Any dog, cat or any other animal which is kept for pleasure rather than utility in or about a household, held by or in the custody of a private or public animal shelter or agency and not reclaimed by the owner, may be disposed of only by:
1.  Adoption as a pet in a suitable home;
2.  Delivery of the animal to a licensed educational or research institution in accordance with the provisions of Sections 391 through 402 of this title or delivery of the body of a euthanized animal to a college of veterinary medicine either directly or through an authorized dealer or agent; or
3.  Euthanasia by only one of the following methods:
a.	administration of denatured sodium pentobarbital,
b.	the use of a carbon monoxide chamber, using commercially compressed cylinder gas; provided that kittens and puppies under sixteen (16) weeks of age shall not be euthanized with carbon monoxide but with injections of denatured sodium pentobarbital, or
c.	any other method approved by the Animal Industries Services Division of the State Oklahoma Department of Agriculture, Food, and Forestry which shall include current acceptable euthanasia recommendations from the American Veterinary Medical Association, with the exception of curariform derivative drugs.  The following requirements must be met to ensure the euthanasia agent is humane:
(1)	the method should be as painless as possible to the animal as determined by the best available medical and scientific knowledge and technology,
(2)	the animal should be kept as free from anxiety and fear as possible, and
(3)	the technique should be:
(a)	simple enough to be used by relatively unskilled personnel,
(b)	legally available to all animal shelters and humane societies,
(c)	as mechanically simple and maintenance free as possible within reasonable cost, and
(d)	physically safe for personnel using it.
B.  Death should be confirmed by cessation of vital signs.  Professional judgment should be used in consideration of the animal species and method of euthanasia to determine the means of confirming death.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-1-5710	KB	12/29/10