Bill Text: PA SB672 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for prohibited means of destroying animals, for exclusions, for use of carbon monoxide systems and for use of drugs by humane societies and animal shelters; providing for enforcement; and further providing for penalties.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Introduced - Dead) 2010-09-28 - Re-referred to APPROPRIATIONS [SB672 Detail]

Download: Pennsylvania-2009-SB672-Amended.html

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PRIOR PRINTER'S NO. 735 PRINTER'S NO. 1845
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 672 Session of2009
INTRODUCED BY LOGAN, KITCHEN, BOSCOLA, FONTANA, STACK, COSTA, ALLOWAY, RAFFERTY, WONDERLING, FERLO AND WASHINGTON, MARCH 20, 2009
SENATOR BRUBAKER, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED, APRIL 13, 2010
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 destroying animals, for exclusions, for use of <--
carbon monoxide systems and for use of drugs by humane <--
societies and animal shelters; providing for enforcement; and
further providing for penalties; and providing for local law <--
enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 Sections 1 and 4 of the act of December <--
22, 1983 (P.L.303, No.83), referred to as the Animal Destruction
Method Authorization Law, is are amended to read: <--
Section 1. 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) Carbon monoxide gas from any source.
(3) Chloroform, ether, halothane, fluothane or any
similar substance, when administered in an airtight chamber
or plastic bag.
Section 4. Exclusions. <--
(a) General.--This act shall not apply to activity
undertaken in a normal agricultural operation.
(b) Specific.--Sections 2 and 3 of this act shall not apply
to:
(1) a medical school [or];
(2) a school of veterinary medicine [or];
(3) a research institution affiliated with a hospital or
university[.]; or
(4) a research facility registered and inspected under
the Animal Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et
seq.).
(c) Definition.--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), entitled "An act
protecting agricultural operations from nuisance suits and
ordinances under certain circumstances."
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
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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
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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 2.1. Section 6 of the act is amended to read: <--
Section 6. Humane societies' and animal shelters' use of drugs.
(a) Limited license.--[On and after the effective date of
this act, a]
(1) A humane society organization or an animal control
organization may apply to the [Pennsylvania] State Board of
Pharmacy for [registration] a limited license pursuant to the
applicable law for the sole purpose of being authorized to
purchase, possess and administer [sodium pentobarbital] drugs
approved for euthanasia under subsection (c) to destroy
injured, sick, homeless or unwanted domestic [pet] animals. A
limited license may be issued by the [board] State Board of
Pharmacy to [eligible] applicants that meet the eligibility
criteria set by the State Board of Pharmacy. [Any agency so
registered]
(2) An organization licensed under paragraph (1) shall
not permit a person to administer [sodium pentobarbital]
drugs approved for euthanasia under subsection (c) unless
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[such person has demonstrated adequate knowledge of the
potential hazards and proper techniques to be used in
administering this drug.] that person holds a current
euthanasia technician license under subsection (d).
(3) Notwithstanding any other provision of this act, if
the Department of Agriculture suspends or revokes an
organization's kennel license under the act of December 7,
1982 (P.L.784, No.225), known as the Dog Law, the
organization's limited license to purchase, possess and
administer drugs approved for euthanasia under this section
shall be deemed revoked.
(b) Regulation and enforcement.--
(1) The [Pennsylvania Department of Agriculture] State
Board of Pharmacy, in consultation with the department, shall
regulate and enforce the provisions of [this section]
subsection (a).
(2) To implement this subsection, the department and the
State Board of Pharmacy shall each:
(i) issue a statement of policy within 120 days of
the effective date of this paragraph; and
(ii) promulgate regulations within two years of the
effective date of this paragraph.
(c) Approval.--The State Board of Veterinary Medicine shall
approve drugs to be used for euthanasia. The State Board of
Veterinary Medicine shall regulate and enforce the provisions of
this subsection by:
(1) issuing a statement of policy within 120 days of the
effective date of this subsection; and
(2) promulgating regulations within two years of the
effective date of this subsection.
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(d) Euthanasia technicians.--
(1) The State Board of Veterinary Medicine shall
determine the regulation and discipline of euthanasia
technicians by:
(i) issuing a statement of policy within 120 days of
the effective date of this subsection; and
(ii) promulgating regulations within two years of
the effective date of this subsection.
(2) The State Board of Veterinary Medicine may issue a
euthanasia technician license to an applicant who satisfies
all of the following subparagraphs:
(i) Meets the eligibility criteria set forth by the
board.
(ii) Demonstrates adequate knowledge of the
potential hazards and proper techniques to be used in
administration of euthanasia drugs by satisfying one of
the following clauses:
(A) Successfully completes a euthanasia
technician certification course, including at least
14 hours of instruction, which is approved by:
(I) the National Animal Control Association;
(II) the American Humane Association; or
(III) the Humane Society of the United
States.
(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
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period of at least one year out of the past five
years.
(C) Meets other requirements established by the
State Board of Veterinary Medicine.
(3) The State Board of Veterinary Medicine shall
regulate and enforce the provisions of this subsection.
(e) Cooperation.--For purposes of administration and
enforcement of subsections (a) and (c), the State Board of
Pharmacy and the State Board of Veterinary Medicine may, by
agreement with the department, designate the department to act
as their authorized agent for the limited purposes of inspecting
and monitoring humane society organizations and animal control
organizations, and persons who euthanize animals on behalf of
these organizations, for compliance with the applicable
requirements of those subsections and their implementing
regulations.
Section 3. The act is amended by adding a section to read:
Section 8.1. Local law enforcement Enforcement agencies. <--
A local law enforcement agency The Department of Agriculture <--
is authorized to conduct investigations and to enforce sections
1, 2, 3, 4 and 7.
Section 4. Section 9 of the act is amended to read:
Section 9. Penalty.
(1) Any person or organization found guilty of violating <--
(a) Destruction of animals.--Any person or organization <--
found guilty of violating [the provisions] section 1 of this act
shall be fined not to exceed [$250] $500 per violation day. Any
person or organization found guilty of violating section 1 of
this act for the second or subsequent occurrence shall be fined
not to exceed $1,000 per violation day.
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(2) Any person or organization found guilty of violating <--
(b) Other provisions.--Any person or organization found <--
guilty of violating the balance of this act shall be fined not
to exceed $350 per violation day. Any person or organization
found guilty of violating the balance of this act for the second
or subsequent occurrence shall be fined 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 5. This act shall take effect in 60 180 days. <--
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