PRIOR PRINTER'S NO. 1752 PRINTER'S NO. 1797
No. 1325 Session of 2002
INTRODUCED BY WAUGH, C. WILLIAMS, WENGER, KITCHEN, MURPHY,
HELFRICK, DENT, WAGNER, ERICKSON, MOWERY, TARTAGLIONE, ORIE,
LAVALLE, BOSCOLA, GERLACH, RHOADES, COSTA, D. WHITE, LEMMOND,
BELL AND THOMPSON, FEBRUARY 21, 2002
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED,
MARCH 18, 2002
AN ACT
1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2 Statutes, providing for animal exhibition sanitation; and
3 imposing penalties.
4 The General Assembly finds and declares as follows: <--
5 The unfortunate fate of four-year-old Erin Jacobs, a resident
6 of this Commonwealth who contracted E. coli at a petting zoo
7 near her home, makes clear the necessity of education and
8 appropriate sanitation facilities at venues where contact
9 between the public and animals occurs. This child's suffering is
10 regrettable, but has brought the matter of zoonotic diseases,
11 diseases that are transmissible from animals to humans, to light
12 so that we may all become better informed.
13 Additionally, zoonotic diseases are considered high
14 biosecurity risks.
15 Biosecurity, in this day and age, is a very real issue with
16 which we must contend. Education of the general public and
17 preventative sanitation requirements aimed at reducing
1 contamination rates of infectious diseases are simple but
2 important steps for the Commonwealth to take in dealing with
3 biosecurity concerns.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 3 of the Pennsylvania Consolidated Statutes
7 is amended by adding a chapter to read:
8 CHAPTER 25
9 ANIMAL EXHIBITION SANITATION
10 Sec.
11 2501. Definitions.
12 2502. Sanitation standards.
13 2503. Administration.
14 2504. Penalty.
15 § 2501. Definitions.
16 The following words and phrases when used in this chapter
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Adequate hand-cleansing facility." A facility which has:
20 (1) running water and soap or other hand-cleansing
21 methods approved by the department; and
22 (2) hand-drying equipment or disposable towels.
23 The term does not include a communal basin.
24 "Advertise." To notify the public of an event by:
25 (1) publication in a newspaper, magazine or other
26 publication of general circulation;
27 (2) announcement on television or radio;
28 (3) public mailing or distribution of written material;
29 or
30 (4) posting of written material at a location other than
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1 the animal exhibition grounds.
2 "Agricultural fair." An agricultural exhibition which is
3 conducted in a manner to make it eligible for a grant under the
4 act of July 8, 1986 (P.L.437, No.92), known as the Pennsylvania
5 Agricultural Fair Act.
6 "Animal." An animal maintained in captivity. The term <--
7 includes a wild or semiwild animal. A LIVING NONHUMAN ORGANISM <--
8 HAVING SENSATION AND THE POWER OF VOLUNTARY MOVEMENT AND
9 REQUIRING FOR ITS EXISTENCE OXYGEN AND ORGANIC FOOD. The term
10 does not include a fish or an aquatic animal.
11 "Animal exhibition." As follows:
12 (1) An event in which animals are displayed on animal
13 exhibition grounds for view and physical contact with humans
14 and:
15 (i) which the operator has advertised;
16 (ii) for which the operator charges an admission fee
17 for access to the animal exhibition grounds or to the
18 animals; or
19 (iii) which the operator conducts on animal
20 exhibition grounds where there is a retail food
21 establishment.
22 (2) The term includes:
23 (i) an agricultural fair; and
24 (ii) a petting zoo.
25 (3) The term does not include any of the following:
26 (i) An event which is:
27 (A) not an agricultural fair;
28 (B) sponsored by an agricultural organization;
29 and
30 (C) held for not more than two days per year.
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1 (ii) An event which is:
2 (A) authorized by a farmer for individuals to
3 view or contact animals the farmer is raising or
4 keeping in the course of commercial agricultural <--
5 production; "NORMAL AGRICULTURAL OPERATION" AS <--
6 DEFINED IN THE ACT OF JUNE 10, 1982 (P.L.454,
7 NO.133), ENTITLED "AN ACT PROTECTING AGRICULTURAL
8 OPERATIONS FROM NUISANCE SUITS AND ORDINANCES UNDER
9 CERTAIN CIRCUMSTANCES;" and
10 (B) not held on animal exhibition grounds where
11 there is a retail food establishment.
12 (iii) An event performed or authorized in the normal
13 course of operation of an equine boarding, riding or
14 training enterprise by the person that operates the
15 enterprise.
16 (iv) An event performed or authorized on the
17 premises of a pet store by the person that operates the
18 store.
19 (v) An event excluded by regulation of the
20 department.
21 "Animal exhibition grounds." The premises on which an animal
22 exhibition is conducted.
23 "Operator." A person that conducts an animal exhibition. The
24 term includes a person that contracts with another to conduct an
25 animal exhibition.
26 "Veterinarian-client-patient relationship." A relationship
27 in which:
28 (1) the veterinarian has assumed the responsibility for
29 making veterinary medical judgments regarding the health of
30 the animal and the need for veterinary medical treatment; and
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1 (2) the owner or caretaker of the animal has agreed to
2 follow the instructions of the veterinarian in relation to
3 zoonotic diseases.
4 "Zoonotic disease." A disease which is transmissible from an
5 animal to a human being.
6 § 2502. Sanitation standards.
7 (a) Minimum.--The following are the sanitation standards ARE <--
8 REQUIRED to minimize the risk of contamination by CONTRACTING a <--
9 zoonotic disease at an animal exhibition:
10 (1) An operator shall promote public awareness of the
11 risk of contamination by CONTRACTING a zoonotic disease at <--
12 the animal exhibition and of the measures necessary to
13 minimize the risk of that contamination CONTRACTION by <--
14 posting appropriate notices at the animal exhibition.
15 (2) An adequate hand-cleansing facility for adults and
16 children shall be conveniently located on the animal
17 exhibition grounds. The operator shall post appropriate
18 notices which designate the location of the hand-cleansing
19 facility required by this paragraph and encourage the
20 cleansing of hands after touching animals, using the restroom
21 and before eating.
22 (3) A person may not bring an animal to an animal
23 exhibition unless the person has an established veterinarian-
24 client-patient relationship.
25 (b) Additional.--The department may promulgate additional
26 sanitation standards through regulations and orders. <--
27 § 2503. Administration.
28 The department has the following powers and duties SHALL DO <--
29 ALL OF THE FOLLOWING:
30 (1) To access from the Department of Health reports, <--
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1 records
2 (1) ACCESS THE DEPARTMENT OF HEALTH'S AGGREGATE DATA <--
3 REPORTS and other information relating to the occurrence of
4 zoonotic diseases.
5 (2) In consultation with the Department of Health, to <--
6 promote public EDUCATION and physician awareness and <--
7 education of the risk, and the sanitation standards necessary
8 to minimize the risk, of contamination by CONTRACTING a <--
9 zoonotic disease. The primary emphasis of this paragraph
10 shall be the need to cleanse hands after contact with animals
11 to reduce the risk of contamination by CONTRACTING a zoonotic <--
12 disease.
13 (3) To promulgate regulations to administer this <--
14 (3) PROMULGATE REGULATIONS NECESSARY TO ADMINISTER THIS <--
15 chapter.
16 (4) To implement IMPLEMENT and enforce this chapter. <--
17 § 2504. Penalty.
18 (a) Imposition.--The department may assess an administrative
19 penalty of up to $500 for each violation of this chapter or a
20 regulation promulgated under this chapter.
21 (b) Procedure.--A penalty ASSESSED under subsection (a) is <--
22 SHALL BE subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to <--
23 practice and procedure of Commonwealth agencies) and Ch. 7
24 Subch. A (relating to judicial review of Commonwealth agency
25 action).
26 Section 2. This act shall take effect as follows:
27 (1) This section shall take effect immediately.
28 (2) The addition of 3 Pa.C.S. § 2502(a)(2) shall take
29 effect July 1, 2004.
30 (3) The remainder of this act shall take effect in 120
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1 days.
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