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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY LOGAN, KITCHEN, BOSCOLA, FONTANA, STACK, COSTA, ALLOWAY, RAFFERTY, WONDERLING AND FERLO, MARCH 20, 2009 |
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| REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MARCH 20, 2009 |
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| AN ACT |
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1 | Amending the act of December 22, 1983 (P.L.303, No.83), entitled |
2 | "An act relating to destruction of pet animals; prohibiting |
3 | certain methods of destruction; providing for a limited |
4 | license to dispense certain drugs; providing for regulation |
5 | and enforcement; providing for use of certain surplus funds; |
6 | and providing penalties," further providing for prohibited |
7 | means of destroying animals, for use of carbon monoxide |
8 | systems and for penalties; and providing for local law |
9 | enforcement. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 1 of the act of December 22, 1983 |
13 | (P.L.303, No.83), referred to as the Animal Destruction Method |
14 | Authorization Law, is amended to read: |
15 | Section 1. Prohibited means of destruction of animals. |
16 | No animal shall be destroyed by means of [a] the following: |
17 | (1) A high altitude decompression chamber or |
18 | decompression device. |
19 | (2) Carbon monoxide gas from any source. |
20 | (3) Chloroform, ether, halothane, fluothane or any |
21 | similar substance, when administered in an airtight chamber |
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1 | or plastic bag. |
2 | Section 2. Section 5 of the act is repealed: |
3 | [Section 5. Use of carbon monoxide systems. |
4 | (1) Carbon monoxide gas may be used to destroy animals |
5 | seven weeks of age or older. |
6 | (2) Chloroform, ether, halothane or fluothane may be |
7 | used to destroy animals under seven weeks of age when |
8 | administered in an airtight chamber or transparent plastic |
9 | bag providing for segregation of animals by size and age |
10 | which is capable of permitting unobstructed visual |
11 | observation and which does not permit direct contact with any |
12 | device containing chloroform. |
13 | (3) Carbon monoxide gas systems shall consist of and be |
14 | equipped with: |
15 | (i) A tightly enclosed cabinet for the purpose of |
16 | containing the animals during the destruction process. |
17 | (ii) Internal lighting and a window for direct |
18 | visual observation in the cabinet at all times. |
19 | (iii) A gas generation capable of achieving a |
20 | concentration of carbon monoxide gas of at least 5% |
21 | throughout the cabinet. |
22 | (iv) A gauge or gas concentration indicator or |
23 | recording device. |
24 | (v) A means of separating animals from each other |
25 | within the cabinet, if the cabinet is of sufficient size |
26 | to facilitate more than one animal. |
27 | (vi) A means of fully removing the carbon monoxide |
28 | gas from the cabinet upon completion of the destruction |
29 | process. |
30 | (vii) If an internal combustion engine is used, a |
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1 | means of cooling the gas to a temperature not to exceed |
2 | 115 degrees Fahrenheit at the point of entry into the |
3 | cabinet and not to exceed 90 degrees Fahrenheit at any |
4 | point in the cabinet as determined by temperature gauges |
5 | permanently installed at point of entry and inside the |
6 | cabinet. |
7 | (viii) If the gas is generated by an internal |
8 | combustion engine, a means of removing or filtering out |
9 | all noxious fumes, irritating acids and carbon particles |
10 | from the gas before it enters the cabinet. |
11 | (ix) If an internal combustion engine is used, a |
12 | means of substantially deadening the sound and vibration |
13 | transmission from the engine to the cabinet, by placing |
14 | them in separate rooms or soundproof compartments |
15 | connecting them with flexible tubing or pipe at least 24 |
16 | inches in length, so that the noise level within the |
17 | cabinet shall not exceed 70 decibels. |
18 | (x) If an internal combustion engine is used, a |
19 | means for exhausting the internal combustion engine gas |
20 | during the period of engine warmup. |
21 | (4) Upon completion of the destruction process, animals |
22 | shall not be removed from the cabinet until the carbon |
23 | monoxide gas has been fully removed from the cabinet.] |
24 | Section 3. The act is amended by adding a section to read: |
25 | Section 8.1. Local law enforcement agencies. |
26 | A local law enforcement agency is authorized to conduct |
27 | investigations and to enforce sections 1, 2, 3, 4 and 7. |
28 | Section 4. Section 9 of the act is amended to read: |
29 | Section 9. Penalty. |
30 | (1) Any person or organization found guilty of violating |
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1 | [the provisions] section 1 of this act shall be fined not to |
2 | exceed [$250] $500 per violation day. Any person or |
3 | organization found guilty of violating section 1 of this act |
4 | for the second or subsequent occurrence shall be fined not to |
5 | exceed $1,000 per violation day. |
6 | (2) Any person or organization found guilty of violating |
7 | the balance of this act shall be fined not to exceed $350 per |
8 | violation day. Any person or organization found guilty of |
9 | violating the balance of this act for the second or |
10 | subsequent occurrence shall be fined not to exceed $700 per |
11 | violation day. |
12 | Section 5. This act shall take effect in 60 days. |
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