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| PRIOR PRINTER'S NOS. 4028, 4029 | PRINTER'S NO. 4143 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MAHER, PETRARCA AND FRANKEL, SEPTEMBER 21, 2012 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 1, 2012 |
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| AN ACT |
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1 | Regulating animal euthanasia; imposing penalties; and making a |
2 | related repeal. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Animal |
7 | Euthanasia Method Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Certified veterinary technician." As defined in section |
13 | 3(13) of the act of December 27, 1974 (P.L.995, No.326), known |
14 | as the Veterinary Medicine Practice Act. |
15 | "Licensed doctor of veterinary medicine" or "veterinarian." |
16 | A person who is currently licensed pursuant to the act of |
17 | December 27, 1974 (P.L.995, No.326), known as the Veterinary |
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1 | Medicine Practice Act. |
2 | "Normal agricultural operation." As defined in 18 Pa.C.S. § |
3 | 5511 (relating to cruelty to animals). |
4 | "Society or association." As defined in 22 Pa.C.S. § 3702 |
5 | (relating to definitions). |
6 | Section 3. Prohibited means of destruction of animals. |
7 | No animal shall be destroyed by means of any of the |
8 | following: |
9 | (1) A high altitude decompression chamber or |
10 | decompression device. |
11 | (2) Carbon monoxide gas. |
12 | (3) Drowning. |
13 | (4) Chloroform, ether, halothane or fluothane for |
14 | animals under seven weeks of age when administered in an |
15 | airtight chamber or transparent plastic bag. |
16 | Section 4. Required method of destruction. |
17 | (a) Required method.--The required method of animal |
18 | destruction shall be by the use of a drug: |
19 | (1) approved by the Food and Drug Administration for |
20 | animal euthanasia; |
21 | (2) used as directed under the veterinary prescription |
22 | legend to result in a humane and painless death; and |
23 | (3) administered by a veterinarian, certified veterinary |
24 | technician or other individual under the supervision of a |
25 | veterinarian. |
26 | (b) Veterinarian.--Except as prohibited under section 3, a |
27 | licensed doctor of veterinary medicine in clinical practice may |
28 | directly administer any method of euthanasia that is consistent |
29 | with both the standard of care as defined by the State Board of |
30 | Veterinary Medicine and the most current version of the American |
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1 | Veterinary Medical Association's Guidelines on Euthanasia. |
2 | (c) Tranquilization.--An animal may be tranquilized with a |
3 | substance approved by the Food and Drug Administration before |
4 | euthanasia commences. |
5 | Section 5. Exclusions. |
6 | (a) Normal agricultural operation activity.--This act shall |
7 | not apply to activity undertaken in normal agricultural |
8 | operation. |
9 | (b) Schools and other entities.--This act shall not apply to |
10 | any of the following: |
11 | (1) A medical school. |
12 | (2) A school of veterinary medicine. |
13 | (3) A research institution affiliated with a hospital or |
14 | university. |
15 | (4) A research facility that is one of the following: |
16 | (i) Registered and inspected under the Animal |
17 | Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.). |
18 | (ii) Subject to the public health service policy on |
19 | the humane care and use of laboratory animals under the |
20 | Public Health Service Act (58 Stat. 682, 42 U.S.C. § 201 |
21 | et seq.). |
22 | (iii) Subject to the provisions of 21 CFR Pt. 58 |
23 | (relating to good laboratory practice for nonclinical |
24 | laboratory studies) or its successor regulation under the |
25 | Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 |
26 | U.S.C. § 301 et seq.) or the Public Health Service Act. |
27 | (c) Method.--Nothing in this act shall prevent a person or | <-- |
28 | society or association from destroying a pet animal by means of |
29 | firearms. This subsection shall not apply to dogs in commercial |
30 | kennels, as that term is defined in the act of December 7, 1982 |
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1 | (P.L.784, No.225), known as the Dog Law. |
2 | (d) Feral animals.--This act shall not apply to feral |
3 | animals or animals deemed dangerous. Under no circumstance shall |
4 | this exclusion apply to any cat or dog. |
5 | Section 6. Penalties. |
6 | (a) Destruction of animals.--A person or society or |
7 | association that violates section 3 shall be subject to a fine |
8 | not to exceed $500 per violation day. A person or organization |
9 | that commits a second or subsequent violation of section 3 shall |
10 | be subject to a fine not to exceed $1,000 per violation day. |
11 | (b) Other provisions.--Except as set forth in subsection |
12 | (a): |
13 | (1) A person or society or association that violates |
14 | this act shall be subject to a fine not to exceed $350 per |
15 | violation day. |
16 | (2) A person or society or association that commits a |
17 | second or subsequent violation of this act shall be subject |
18 | to a fine not to exceed $700 per violation day. |
19 | (c) Disposition of fines.--Fines collected under this |
20 | section shall be deposited into the Dog Law Restricted Account. |
21 | Section 7. Use of drugs. |
22 | A society or association may apply to the State Board of |
23 | Pharmacy for registration pursuant to the applicable law for the |
24 | sole purpose of being authorized to purchase, possess and |
25 | administer sodium pentobarbital drugs in accordance with section | <-- |
26 | 4 to destroy injured, sick, homeless or unwanted pet animals. A |
27 | limited license may be issued by the board to eligible |
28 | applicants. A society or association so registered shall not | <-- |
29 | permit a person to administer sodium pentobarbital unless the |
30 | person has demonstrated adequate knowledge of the potential |
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1 | hazards and proper techniques to be used in administering this |
2 | drug administer drugs in accordance with section 4. | <-- |
3 | Section 8. Use of methods of destruction on humans. |
4 | Nothing in this act shall be construed to permit the |
5 | performance of any methods of destruction provided for under |
6 | this act on any human. |
7 | Section 9. Repeal. |
8 | (a) Declaration.--The General Assembly finds and declares |
9 | that the repeal under subsection (b) is necessary to effectuate |
10 | this act. |
11 | (b) Action.--The act of December 22, 1983 (P.L.303, No.83), |
12 | referred to as the Animal Destruction Method Authorization Law, |
13 | is repealed. |
14 | Section 10. Effective date. |
15 | This act shall take effect in 90 days. |
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