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Definitions - 3 Pa. Cons. Stat. § 2303Legal Research Home > Pennsylvania Statutes
§ 2303. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agent." A person, firm, association, partnership or
corporation buying or receiving or soliciting or negotiating the
sale of domestic animals for or on behalf of any dealer or
transporting domestic animals on behalf of any hauler.
"Animal." A living nonhuman organism having sensation and
the power of voluntary movement and requiring for its existence
oxygen and organic food.
"Animal waste." Superfluous material emanating from domestic
animal production or keeping, including, but not limited to,
excrement, offal, eggs, milk, placenta, fetuses, feathers, hair,
wool, blood and animal parts which are not intended or suitable
for inclusion in the food chain without special processing.
"Appraised value." The current value of a domestic animal at
the time of appraisal, determined by current market values, age
of animal, physical condition, condition as to disease, nature
and extent of disease, breeding value, milk production value,
salvage value and any other factors which might affect value.
"Area" or "locality." A geographical district or portion or
group thereof.
"Article" or "property." Any goods, products, containers or
materials which are found on the premises where a domestic
animal is or has been kept or which are used to hold, contain or
transport a domestic animal.
"Brand." A permanent identification mark made on the hide of
a live animal by dehydrating the superficial and deep layers of
skin by heat, cold, electric current or another method approved
by the Department of Agriculture.
"Cervidae livestock operation." (Deleted by amendment).
"Cleanup costs." The costs of indemnification for cleaning,
disinfecting or sanitizing domestic animals, domestic animal
products, equipment, facilities, buildings and other articles,
including all other costs reasonably related to cleanup, when
these costs are incurred either:
(1) as required by a quarantine order issued by the
department under authority of this chapter; or
(2) as part of an agreement pursuant to which the
department is paying a depopulation incentive under authority
of this chapter.
"Compost." The biological digestion of dead domestic
animals, animal waste or other biodegradable materials.
"Condemned." The status of a domestic animal, domestic
animal product, conveyance or other article that has been
determined by the Department of Agriculture as having been
exposed to a dangerous transmissible disease or a hazardous
substance such that destruction of the domestic animal, domestic
animal product, conveyance or other article is necessary to
prevent the spread of such disease or contamination, and that is
subject to a quarantine order issued under this chapter.
"Conveyance." An automobile, truck, trailer, wagon or other
vehicle used in the transportation of live or dead domestic
animals, animal waste or domestic animal products or by-products
upon the highways of this Commonwealth.
"Dangerous transmissible disease." A transmissible disease
of domestic animals that has been designated by this chapter or
by order of the Department of Agriculture as presenting a danger
to public health, to domestic animal health, to the safety or
quality of the food supply or to the economic well-being of the
domestic animal industries. This term shall be construed to mean
and include the disease agent.
"Dead domestic animal disposal plant." A facility where the
body or parts of the body of a dead domestic animal is received
and processed for the purpose of salvaging useful material,
including, but not limited to, hides, bones, fat and proteins.
"Dealer." A person that buys, receives, sells, exchanges,
negotiates or solicits the sale, resale, exchange or transfer of
domestic animals or dead domestic animals for the purpose of
transfer of ownership or possession to a third party.
"Depopulation incentive." Payment to the owner for a portion
of the appraised value of any domestic animal or other property
which is voluntarily slaughtered or destroyed with the prior
agreement of the Department of Agriculture and in accordance
with this chapter, upon the Department of Agriculture's
determination that such action serves to protect public health,
the safety or quality of the food supply or the economic well-
being of the domestic animal industry. A depopulation incentive
may be paid only in situations where the domestic animal or
other property has not been condemned.
"Disease." Any deviation from or interruption of the normal
structure of any part, organ or system of the body of a living
domestic animal.
"Disposal costs." The costs of indemnification for disposing
of domestic animals, domestic animal products, equipment and
other articles, including the cost of transportation for
disposal and all other costs reasonably related to disposal,
when these costs are incurred either:
(1) as required by a quarantine order issued by the
department under authority of this chapter; or
(2) as part of an agreement pursuant to which the
department is paying a depopulation incentive under authority
of this chapter.
"Domestic animal." An animal maintained in captivity. The
term also includes the germ plasm, embryos and fertile ova of
such animals.
"Domestic animal feed." Any substance or mixture which is
intended for use as food for domestic animals and which is
intended for use as a substantial source of nutrients in the
diet of domestic animals and is not limited to a substance or
mixture intended to be the sole ration of the domestic animal.
"Domestic animal product." A part of a domestic animal or
any food, material or article containing any part of a domestic
animal.
"Exotic disease." A disease which is not or is no longer
native or indigenous to the United States, including those
diseases so designated by the United States Department of
Agriculture.
"Garbage." All waste or residuals resulting from the
handling, preparation, cooking or consumption of food derived in
whole or in part from the meat of any animal, including poultry
and fish, or other animal material and other refuse of any
character that has been associated with the meat of any animal
or other animal material. The term does not include waste from
ordinary household operations that is fed directly to swine on
the same premises where the household is located.
"General quarantine." A quarantine order published in at
least one newspaper that restricts the movement of animals and
materials, including conveyance into, within or from a
designated area or locality.
"Group of domestic animals." Those domestic animals that are
maintained on common ground for any purpose or two or more
geographically separated concentrations of domestic animals
which have an interchange or movement of animals or articles
that may carry dangerous transmissible disease or contamination
without regard to health status.
"Hauler." A person responsible for the transportation of
domestic animals or dead domestic animals into, within or from
this Commonwealth, but the term shall not be construed to mean
any of the following:
(1) A person who transports a domestic animal which he
owns or raises under contract on behalf of a third party
between farms which that person owns or operates.
(2) A person who transports a domestic animal from a
farm which he owns or operates to a location where ownership
or possession is to be transferred to another.
(3) A person who transports a domestic animal which he
has purchased or taken possession of at another location from
the point of purchase or possession to a farm which that
person owns or operates.
(4) A person who transports a domestic animal which he
owns or raises under contract on behalf of a third party to
and from places of exhibition.
(5) A person who transports a domestic animal which he
owns or raises under contract on behalf of a third party to a
slaughter or processing facility.
"Hazardous substance." Any element, compound or material
which threatens the health of domestic animals or humans.
"Heritable disease." A domestic animal disease resulting
from an inherited flaw in tissue, organ or other body structure.
"Humane method of slaughter." Either:
(1) a method of rendering a domestic animal insensible
to pain by mechanical, electrical, chemical or other means
that is rapid and effective before being handled for
slaughter; or
(2) a method of ritual slaughter.
"Incineration." The reduction of domestic animals or
articles to ashes by burning at temperatures and for durations
sufficient to render the material noninfectious.
"Indemnity." Payment to the owner for a portion of the
appraised value of condemned domestic animals, domestic animal
products and other condemned articles that are slaughtered or
destroyed by order of the Department of Agriculture to eradicate
or prevent the spread of dangerous transmissible disease or the
spread of contamination by a hazardous substance.
"Interstate" or "international quarantine." An order of
quarantine issued by the Department of Agriculture which may
cover any domestic animal or class of domestic animals, or
conveyances, goods, products, materials or articles, regulating
or forbidding their entry into this Commonwealth from another
state, territory of the United States or foreign country.
"Market value." The current worth of a domestic animal,
domestic animal product or other article in markets where such
animals, products and other articles are commonly bought and
sold.
"Metabolic disease." A domestic animal disease resulting
from a physiological dysfunction of an animal tissue or organ.
"Neoplastic disease." A domestic animal disease resulting
from an uncontrolled and progressive abnormal growth of tissue.
"Owner." A person owning, possessing or harboring any
domestic animal. The term shall also include any person who
allows a domestic animal habitually to remain about the premises
inhabited, managed or owned by such person.
"Packer." A person engaged in the business of slaughtering,
manufacturing or preparing meat, meat products or domestic
animal products for sale, whether by such person or others.
"Premises." A definite portion of real estate; land with its
appurtenances, including any structure erected thereon; and any
vehicle or vessel used in transporting passengers, goods,
domestic animals or domestic animal products by land, air or by
water. As used in this chapter, the term shall be taken in its
widest sense.
"Quarantine." Restrictions upon the use, movement or other
disposition of domestic animals, domestic animal products,
equipment, facilities, vehicles, buildings and other articles
required to eradicate, contain or otherwise control a dangerous
transmissible disease or to control or prevent contamination by
hazardous substances.
"Rendering." The cooking or heating of dead domestic animals
or parts of such dead animals until all such cooked or heated
material is incapable of transmitting dangerous transmissible
disease.
"Ritual slaughter." A humane method of slaughter which is in
accordance with the ritual requirements of the Jewish faith or
any other religious faith whereby the domestic animal suffers a
loss of consciousness by anoxia or hypoxia of the brain caused
by the simultaneous and instantaneous severance of the carotid
arteries with a sharp instrument.
"Salvage." The net proceeds an owner of a domestic animal
realizes from the sale of the live domestic animal or the
carcass, hide and offal.
"Slaughter." The killing and processing of domestic animals
for food production purposes.
"Slaughterer." A person regularly engaged in the commercial
slaughter of domestic animals.
"Special quarantine." An order of quarantine issued by the
Department of Agriculture covering a single premises or a single
domestic animal or any number of domestic animals when confined
or contained in or on the same premises and any conveyances,
goods, products, materials, containers or articles which may
carry disease or contamination by a hazardous substance.
"Stockyard." A place, establishment or facility owned or
operated by a domestic animal dealer, consisting of pens or
other enclosures and their appurtenances for the handling,
keeping or holding of domestic animals for the purpose of sale
or shipment.
"Tattoo." A permanent identification mark made on the hide
of a live domestic animal by inserting pigment into the deep
layers of the skin.
"Transmissible disease." A disease of a domestic animal
which can be transferred, reproduced or established in a
domestic animal or human by direct or indirect means.
"USDA-APHIS-VS." The United States Department of
Agriculture, Animal Plant Health Inspection Service, Veterinary
Services.
(Mar. 24, 1998, P.L.217, No.39, eff. imd.; Dec. 9, 2002,
P.L.1495, No.190, eff. imd.; June 29, 2006, P.L.206, No.51, eff.
60 days)
2006 Amendment. Act 51 deleted the def. of "cervidae
livestock operation. See the preamble to Act 51 in the appendix
to this title for special provisions relating to legislative
intent.
2002 Amendment. Act 190 added the defs. of "cervidae
livestock operation," "cleanup costs" and "disposal costs."
Section 7 of Act 190 provided that the amendment shall apply to
cleanup costs and disposal costs incurred on or after October 1,
2001.
1998 Amendment. Act 39 amended the def. of "garbage."
Cross References. Section 2303 is referred to in sections
2331, 2332 of this title.
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Last modified: November 27, 2007 |