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