Full Statute Name:  Purdon's Pennsylvania Statutes and Consolidated Statutes. Title 3 P.S. Agriculture. Chapter 7. Domestic Animals. Animal Destruction Method Authorization Law. Chapter 1. Preliminary Provisions. Chapter 3. Methodology. Chapter 5. Administration and Enforcement. Chapter 11. Miscellaneous Provisions.

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Primary Citation:  3 P.S. § 328.101 - 3 P.S. § 328.1101 Country of Origin:  United States Last Checked:  March, 2017 Date Adopted:  1983
Summary:

This Pennsylvania statute provides the prohibited and authorized methods to kill or "destroy" animals within the state. The statute provides a different method for small domestic animals and also specifies which state operations and entities are excluded from following the methods as described under the statute. The statute also specifies the fines and civil penalties for violation of the statute.

Statute Text: 

Chapter 1. Preliminary Provisions

§ 328.101. Short title

§ 328.102. Definitions

 

Chapter 3: Methodology

§ 328.301. Prohibited means of destruction of animals

§ 328.302. Methods of destruction of animals and exclusive method for small domestic animals

§ 328.303. Exclusions

§ 328.304. Animal protection organization use of drugs

§ 328.305. Disclosure

 

Chapter 5: Administration and Enforcement

§ 328.501. Existing devices

§ 328.502. Penalty

 

Chapter 11: Miscellaneous Provisions

§ 328.1101. Use of methods of destruction on humans 

 

Chapter 1. Preliminary Provisions

§ 328.101. Short title

This act shall be known and may be cited as the Animal Destruction Method Authorization Law.

Credits

1983, Dec. 22, P.L. 303, No. 83, § 101, added 2012, Oct. 24, P.L. 1452, No. 182, § 1, effective in 180 days [April 22, 2013].

 

§ 328.102. 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:

“Animal protection organization.” Any of the following:

(1) A nonprofit society or association incorporated under 15 Pa.C.S. Ch. 53 Subch. A (relating to incorporation generally) for the purpose of the prevention of cruelty to animals.

(2) A municipality which operates an animal shelter.

 “Board.” The State Board of Veterinary Medicine.

 “Department.” The Department of Agriculture of the Commonwealth.

 “Small domestic animals.” As follows:

(1) Any of the following whose general intended purpose is to be kept and cared for as household pets:

(i) Rabbits.

(ii) Mice.

(iii) Rats.

(iv) Hamsters.

(v) Guinea pigs.

(vi) Ferrets.

(vii) Birds.

(viii) Reptiles.

(ix) Amphibians.

(2) All cats and dogs.

Credits

1983, Dec. 22, P.L. 303, No. 83, § 102, added 2012, Oct. 24, P.L. 1452, No. 182, § 1, effective in 180 days [April 22, 2013].

 

 

Chapter 3: Methodology

§ 328.301. Prohibited means of destruction of animals

No animal shall be destroyed by means of the following:

(1) A high altitude decompression chamber or decompression device.

(2) Unacceptable agents and methods published in the most current version of the American Veterinary Medical Association's Guidelines on Euthanasia.

(3) Drowning.

(4) Chloroform, ether, halothane or fluothane.

(5) Carbon monoxide gas from any source.

Credits

1983, Dec. 22, P.L. 303, No. 83, § 1, effective in 6 months. Renumbered as § 301 and amended 2012, Oct. 24, P.L. 1452, No. 182, § 3, effective in 90 days [Jan. 22, 2013].

 

§ 328.302. Methods of destruction of animals and exclusive method for small domestic animals

(a) Required method.--The required method of destruction shall be the use of a method that is approved for that purpose by the most current version of the American Veterinary Medical Association's Guidelines on Euthanasia with the exception of those agents and methods prohibited by section 301.1

(b) Authorized method.--Nothing in this act shall prevent a person or animal protection organization from destroying an animal by means of firearms.

(c) Small domestic animals.--

(1) Except as set forth in paragraph (2), the use of commercially available injectable euthanasia solution approved by the Food and Drug Administration for that purpose shall be the exclusive method for euthanasia of small domestic animals.

(2) If euthanasia solution becomes unavailable, the board may issue a waiver of the requirements of this section which would permit the use of any method of euthanasia that is consistent with both the standard of care as defined by the board and the most current version of the American Veterinary Medical Association's Guidelines on Euthanasia.

(d) Exception for dangerous small domestic animals.--In cases where a small domestic animal under the care and control of any person or animal protection organization poses an imminent threat to human or animal life, an alternative method of euthanasia may be used if it is in accordance with section 301.

(e) Tranquilization.--An animal may be tranquilized with a substance approved by the Food and Drug Administration before euthanasia commences.

Credits

1983, Dec. 22, P.L. 303, No. 83, § 2, effective in 6 months. Renumbered as § 302 and amended 2012, Oct. 24, P.L. 1452, No. 182, § 3, effective in 180 days [April 22, 2013].

 

§ 328.303. Exclusions

(a) Agricultural operations.--

(1) This act shall not apply and nothing in this act shall prevent the destruction of an animal by a means not otherwise prohibited by law performed in the course of normal agricultural operation.

(2) As used in this section, the term “normal agricultural operation” has the meaning given in section 2 of the act of June 10, 1982 (P.L. 454, No. 133),1 referred to as the Right-to-Farm Law, without regard to area utilized or anticipated yearly income to result from the agricultural operation.

(b) Specific entities.--The following exclusions apply:

(1) Section 3022 shall not apply to:

(i) Except as prohibited in section 301,3 a veterinarian or a certified veterinary technician under the indirect supervision of a veterinarian licensed under the act of December 27, 1974 (P.L. 995, No. 326),4 known as the Veterinary Medicine Practice Act;

(ii) a medical school;

(iii) a school of veterinary medicine;

(iv) a research institution affiliated with a hospital or university; or

(v) a research facility that is one of the following:

(A) Registered and inspected under the Animal Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.).

(B) 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.).

(C) Subject to the provisions of 21 CFR Pt. 58 (relating to good laboratory practice for nonclinical laboratory studies) under the Federal Food, Drug and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) or the Public Health Service Act.

(2) (Reserved).

Credits

1983, Dec. 22, P.L. 303, No. 83, § 4, effective in 6 months. Renumbered as § 303 and amended 2012, Oct. 24, P.L. 1452, No. 182, § 3.2, effective in 180 days [April 22, 2013].

Footnotes

1 3 P.S. § 952.

2 3 P.S. § 328.302.

3 3 P.S. § 328.301.

4 63 P.S. § 485.1 et seq.

 

§ 328.304. Animal protection organization use of drugs

(a) Limited license.--The following apply to animal protection organizations:

(1) An animal protection organization may apply to the board for the sole purpose of being authorized to purchase, possess and administer drugs approved for euthanasia under section 3021 in accordance with regulations promulgated under this act and the act of December 27, 1974 (P.L. 995, No. 326),2 known as the Veterinary Medicine Practice Act.

(2) An animal protection organization authorized under paragraph (1) may not permit a person to administer drugs approved for euthanasia unless that person holds a current euthanasia technician license under subsections (b) and (c) or is a person licensed as a veterinarian under the Veterinary Medicine Practice Act.

(3) Notwithstanding any other provision of this act, if the department suspends or revokes a kennel license of an animal protection organization under the act of December 7, 1982 (P.L. 784, No. 225),3 known as the Dog Law, the authorization to purchase, possess and administer drugs approved for euthanasia under subsection (c) shall be immediately revoked at that kennel and the department shall report the suspension or revocation to the board. The department shall report all suspected violations of this act to the board.

(b) Regulation and enforcement.--The following regulation and enforcement provisions shall apply:

(1) The board shall regulate and enforce the provisions of this act, including the authority to inspect an animal protection organization and revoke a license or authorization issued under this act.

(2) To implement this subsection, the board shall:

(i) issue a statement of policy within 120 days of the effective date of this paragraph;4 and

(ii) promulgate regulations within 18 months of the effective date of this paragraph.

(c) Euthanasia technicians.--The following shall apply:

(1) The board may issue a euthanasia technician license to an applicant who satisfies all of the following:

(i) Meets the eligibility criteria established by the board which shall include knowledge of the Commonwealth's statutes and regulations relating to euthanasia.

(ii) Demonstrates adequate knowledge of the potential hazards and proper techniques to be used in administration of euthanasia drugs by satisfying all requirements of the board and at least one of the following:

(A) Successfully completes a euthanasia technician certification course, including at least 14 hours of instruction, which is approved by the board and administered by:

(I) the National Animal Control Association;

(II) the American Humane Association;

(III) the Humane Society of the United States;

(IV) the Pennsylvania Veterinary Medical Association;

(V) the University of Pennsylvania School of Veterinary Medicine;

(VI) the Federated Humane Societies of Pennsylvania; or

(VII) any other courses approved by the board.

(B) Is a euthanasia technician registered or licensed under the laws of another state or territory of the United States which has requirements substantially similar to the requirements of this section and presents satisfactory proof to the board of being engaged in the practice of euthanasia for a period of at least one year out of the past five years.

(C) Meets other requirements established by the board.

(2) The board shall regulate, discipline and enforce the provisions of this subsection by:

(i) issuing a statement of policy within 120 days of the effective date of this subsection;5 and

(ii) promulgating regulations within 18 months of the effective date of this subsection.

(d) Cooperation.--For the purpose of enforcement of this act, the board may enter into a memorandum of understanding with the department and designate the department to act as its authorized agent for the limited purposes of inspecting and monitoring animal protection organizations, and persons who euthanize animals on behalf of animal protection organizations, for compliance with the applicable requirements and any implementing regulations.

Credits

1983, Dec. 22, P.L. 303, No. 83, § 6, effective in 6 months. Renumbered as § 304 and amended 2012, Oct. 24, P.L. 1452, No. 182, § 5, effective in 180 days [April 22, 2013].

Footnotes

1 3 P.S. § 328.302.

2 63 P.S. § 485.1 et seq.

3 3 P.S. § 459-101 et seq.

4 Subsec. (b)(2) added by 2012, Oct. 24, P.L. 1452, No. 182, § 5, effective in 180 days [April 22, 2013].

5 Subsec. (c)(2) added by 2012, Oct. 24, P.L. 1452, No. 182, § 5, effective in 180 days [April 22, 2013].

 

§ 328.305. Disclosure

Upon request, any veterinarian or animal protection organization utilizing an euthanasia method for the destruction of small domestic animals must disclose all methods that are utilized by the person.

Credits

1983, Dec. 22, P.L. 303, No. 83, § 305, added 2012, Oct. 24, P.L. 1452, No. 182, § 5.1, effective in 180 days [April 22, 2013].

 

Chapter 5: Administration and Enforcement

§ 328.501. Existing devices

 Any person, animal protection organization or other organization which, on the effective date of this act, has in its possession a chamber or device, the use of which is prohibited by this act, shall, within 30 days of the effective date of this act, dismantle and render inoperative the chamber or device.

Credits

1983, Dec. 22, P.L. 303, No. 83, § 7, effective in 6 months. Renumbered as § 501 and amended 2012, Oct. 24, P.L. 1452, No. 182, § 7, effective in 180 days [April 22, 2013].

 

§ 328.502. Penalty

(a) Additional penalties.--Any penalty imposed by the board under this section shall be in addition to the civil and criminal penalties provided for under the act of December 27, 1974 (P.L. 995, No. 326),1 known as the Veterinary Medicine Practice Act.

(b) Destruction of small domestic animals.--Any person or animal protection organization not authorized or licensed under this act that is found in violation of this act by the board shall be fined not to exceed $500 per violation day. The board may impose an additional penalty of $1,000 per violation for a second or subsequent violation of this act.

(c) Additional civil penalty imposed by the board.--

(1) In addition to any other civil penalty provided for under this act, the board may impose a civil penalty of up to $10,000 on any current licensee or certificate holder who violates any provision of this act or any person who practices as a euthanasia technician without being properly licensed under this act.

(2) The penalty under paragraph (1) may be imposed by the board after affording the accused party the opportunity for a hearing, as provided under 2 Pa.C.S. (relating to administrative law and procedure).

(d) Disposition of fines.--All fines and civil penalties imposed in accordance with this act shall be paid into the Professional Licensure Augmentation Account.

Credits                        

1983, Dec. 22, P.L. 303, No. 83, § 9, effective in 6 months. Renumbered as § 502 and amended 2012, Oct. 24, P.L. 1452, No. 182, § 9, effective in 180 days [April 22, 2013].

Footnotes

1 63 P.S. § 485.1 et seq.

 

Chapter 11: Miscellaneous Provisions

§ 328.1101. 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 herein on any human person.

Credits

1983, Dec. 22, P.L. 303, No. 83, § 10, effective in 6 months. Renumbered as § 1101 2012, Oct. 24, P.L. 1452, No. 182, § 11, effective in 180 days [April 22, 2013].

 

 

 

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