PRIOR PRINTER'S NOS. 1752, 1797 PRINTER'S NO. 1822
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
AS AMENDED ON THIRD CONSIDERATION, MARCH 20, 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 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
1 context clearly indicates otherwise:
2 "Adequate hand-cleansing facility." A facility which has:
3 (1) running water and soap or other hand-cleansing
4 methods approved by the department; and
5 (2) hand-drying equipment or disposable towels.
6 The term does not include a communal basin.
7 "Advertise." To notify the public of an event by:
8 (1) publication in a newspaper, magazine or other
9 publication of general circulation;
10 (2) announcement on television or radio;
11 (3) public mailing or distribution of written material;
12 or
13 (4) posting of written material at a location other than
14 the animal exhibition grounds.
15 "Agricultural fair." An agricultural exhibition which is
16 conducted in a manner to make it eligible for a grant under the
17 act of July 8, 1986 (P.L.437, No.92), known as the Pennsylvania
18 Agricultural Fair Act.
19 "Animal." A living nonhuman organism having sensation and
20 the power of voluntary movement and requiring for its existence
21 oxygen and organic food. The term does not include a fish or an
22 aquatic animal.
23 "Animal exhibition." As follows:
24 (1) An event in which animals are displayed on animal <--
25 exhibition grounds for view and physical contact with humans
26 and:
27 (i) which the operator has advertised;
28 (ii) for which the operator charges an admission fee
29 for access to the animal exhibition grounds or to the
30 animals; or
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1 (iii) which the operator conducts on animal
2 exhibition grounds where there is a retail food
3 establishment.
4 (2) The term includes:
5 (i) an agricultural fair; and
6 (ii) a petting zoo.
7 (3) The term does not include any of the following:
8 (i) An event which is:
9 (A) not an agricultural fair;
10 (B) sponsored by an agricultural organization;
11 and
12 (C) held for not more than two days per year.
13 (ii) An event which is:
14 (A) authorized by a farmer for individuals to
15 view or contact animals the farmer is raising or
16 keeping in the course of "normal agricultural
17 operation" as defined in the act of June 10, 1982
18 (P.L.454, No.133), entitled "An act protecting
19 agricultural operations from nuisance suits and
20 ordinances under certain circumstances;" and
21 (B) not held on animal exhibition grounds where
22 there is a retail food establishment.
23 (iii) An event performed or authorized in the normal
24 course of operation of an equine boarding, riding or
25 training enterprise by the person that operates the
26 enterprise.
27 (iv) An event performed or authorized on the
28 premises of a pet store by the person that operates the
29 store.
30 (v) An event excluded by regulation of the
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1 department.
2 (1) THE TERM SHALL INCLUDE: <--
3 (I) AN AGRICULTURAL FAIR;
4 (II) A PETTING ZOO;
5 (III) AN EVENT WHERE ANIMALS ARE DISPLAYED ON ANIMAL
6 EXHIBITION GROUNDS FOR VIEW AND PHYSICAL CONTACT WITH
7 HUMANS, IF THE OPERATOR ADVERTISES THE EVENT;
8 (IV) AN EVENT WHERE ANIMALS ARE DISPLAYED ON ANIMAL
9 EXHIBITION GROUNDS FOR VIEW AND PHYSICAL CONTACT WITH
10 HUMANS, IF THE OPERATOR CHARGES AN ADMISSION FEE FOR
11 ACCESS TO THE ANIMALS; OR
12 (V) AN EVENT WHERE ANIMALS ARE DISPLAYED ON ANIMAL
13 EXHIBITION GROUNDS FOR VIEW AND PHYSICAL CONTACT WITH
14 HUMANS, IF THERE IS A RETAIL FOOD ESTABLISHMENT ON THE
15 GROUNDS.
16 (2) THE TERM SHALL NOT INCLUDE:
17 (I) AN EVENT, OTHER THAN AN AGRICULTURAL FAIR,
18 SPONSORED BY AN AGRICULTURAL ORGANIZATION AND HELD FOR
19 NOT MORE THAN TWO DAYS PER YEAR;
20 (II) AN EVENT AUTHORIZED BY A FARMER TO PERMIT
21 INDIVIDUALS TO VIEW OR HAVE CONTACT WITH ANIMALS THE
22 FARMER IS RAISING OR KEEPING IN THE COURSE OF "NORMAL
23 AGRICULTURAL OPERATION" AS DEFINED IN THE ACT OF JUNE 10,
24 1982 (P.L.454, NO.133), ENTITLED, "AN ACT PROTECTING
25 AGRICULTURAL OPERATIONS FROM NUISANCE SUITS AND
26 ORDINANCES UNDER CERTAIN CIRCUMSTANCES," WHICH IS NOT
27 HELD ON ANIMAL EXHIBITION GROUNDS WHERE THERE IS A RETAIL
28 FOOD ESTABLISHMENT;
29 (III) AN EVENT PERFORMED OR AUTHORIZED IN THE NORMAL
30 COURSE OF OPERATION OF AN EQUINE BOARDING, RIDING OR
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1 TRAINING ENTERPRISE BY THE PERSON THAT OPERATES THE
2 ENTERPRISE;
3 (IV) AN EVENT PERFORMED OR AUTHORIZED ON THE
4 PREMISES OF A PET STORE BY THE PERSON THAT OPERATES THE
5 STORE; OR
6 (V) AN EVENT EXCLUDED BY REGULATION OF THE
7 DEPARTMENT.
8 "Animal exhibition grounds." The premises on which an animal
9 exhibition is conducted.
10 "Operator." A person that conducts an animal exhibition. The
11 term includes a person that contracts with another to conduct an
12 animal exhibition.
13 "Veterinarian-client-patient relationship." A relationship
14 in which:
15 (1) the veterinarian has assumed the responsibility for
16 making veterinary medical judgments regarding the health of
17 the animal and the need for veterinary medical treatment; and
18 (2) the owner or caretaker of the animal has agreed to
19 follow the instructions of the veterinarian in relation to
20 zoonotic diseases.
21 "Zoonotic disease." A disease which is transmissible from an
22 animal to a human being.
23 § 2502. Sanitation standards.
24 (a) Minimum.--The following sanitation standards are
25 required to minimize the risk of contracting a zoonotic disease
26 at an animal exhibition:
27 (1) An operator shall promote public awareness of the
28 risk of contracting a zoonotic disease at the animal
29 exhibition and of the measures necessary to minimize the risk
30 of contraction by posting appropriate notices at the animal
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1 exhibition.
2 (2) An adequate hand-cleansing facility for adults and
3 children shall be conveniently located on the animal
4 exhibition grounds. The operator shall post appropriate
5 notices which designate the location of the hand-cleansing
6 facility required by this paragraph and encourage the
7 cleansing of hands after touching animals, using the restroom
8 and before eating.
9 (3) A person may not bring an animal to an animal
10 exhibition unless the person has an established veterinarian-
11 client-patient relationship.
12 (b) Additional.--The department may promulgate additional
13 sanitation standards through regulations.
14 § 2503. Administration.
15 The department shall do all of the following:
16 (1) Access the Department of Health's aggregate data
17 reports and other information relating to the occurrence of
18 zoonotic diseases.
19 (2) In consultation with the Department of Health,
20 promote public education and physician awareness of the risk,
21 and the sanitation standards necessary to minimize the risk,
22 of contracting a zoonotic disease. The primary emphasis of
23 this paragraph shall be the need to cleanse hands after
24 contact with animals to reduce the risk of contracting a
25 zoonotic disease.
26 (3) Promulgate regulations necessary to administer this
27 chapter.
28 (4) Implement and enforce this chapter.
29 § 2504. Penalty.
30 (a) Imposition.--The department may assess an administrative
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1 penalty of up to $500 for each violation of this chapter or a
2 regulation promulgated under this chapter.
3 (b) Procedure.--A penalty assessed under subsection (a)
4 shall be subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to
5 practice and procedure of Commonwealth agencies) and Ch. 7
6 Subch. A (relating to judicial review of Commonwealth agency
7 action).
8 Section 2. This act shall take effect as follows:
9 (1) This section shall take effect immediately.
10 (2) The addition of 3 Pa.C.S. § 2502(a)(2) shall take
11 effect July 1, 2004 2003. <--
12 (3) The remainder of this act shall take effect in 120
13 days.
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