THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KORTZ, SCAVELLO, BEYER, BRENNAN, CASORIO, D. COSTA, DONATUCCI, FABRIZIO, FRANKEL, FREEMAN, GOODMAN, HARHAI, HENNESSEY, HORNAMAN, KILLION, KIRKLAND, MELIO, MILLARD, MURT, M. O'BRIEN, O'NEILL, PALLONE, SIPTROTH, SWANGER, WALKO, WHITE AND YOUNGBLOOD, FEBRUARY 24, 2009

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 24, 2009  

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 destruction of animals, for methods of destruction

of animals and for exclusions; and repealing provisions

relating to use of carbon monoxide systems.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1, 2 and 4 of the act of December 22,

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

Method Authorization Law, are amended to read:

Section 1.  Prohibited means of destruction of animals.

(a)  General rule.--No animal shall be destroyed by means of

a high altitude decompression chamber or decompression device[.]

or a carbon monoxide gas system.

(b)  Firearms.--No pet animal shall be destroyed by means of

a firearm.

Section 2.  [Methods] Required method of destruction of 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.

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

person or humane society organization from destroying a pet

animal by means of firearms.]

Section 4.  Exclusions.

(a)  Dangerous pet animals.--Section 1(b) of this act shall

not apply to a pet animal:

(1)  running at large and unaccompanied by its owner or

keeper on the public streets or highways of this Commonwealth

or on the property of a person other than the owner of such

pet animal; or

(2)  located in a kennel or shelter setting;

if the pet animal poses a clear and present danger to a person,

property or another pet animal.

(b)  Certain educational and research institutions.--Sections

2 and 3 of this act shall not apply to a medical school or

school of veterinary medicine or a research institution

affiliated with a hospital or university.

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 3.  This act shall take effect in 60 days.