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Quarantine - 3 Pa. Cons. Stat. § 2329Legal Research Home > Pennsylvania Statutes
§ 2329. Quarantine.
(a) Power to establish and enforce.--Whenever a dangerous
transmissible disease or contamination by hazardous substances
exists anywhere within or outside of this Commonwealth, or
whenever it is deemed advisable to test or treat any domestic
animal upon the reasonable suspicion that it has contracted or
been exposed to a dangerous transmissible disease or is
contaminated with a hazardous substance, or whenever the testing
or treatment of a domestic animal indicates that the domestic
animal has been exposed to a dangerous transmissible disease or
contaminated with a hazardous substance so as to render future
accurate testing for recent exposure of that domestic animal to
that dangerous transmissible disease or hazardous substance
impractical or impossible, the department shall have the power
to establish and enforce quarantines of any such infected,
exposed, contaminated, suspected or susceptible domestic animal.
In addition to the aforedescribed domestic animals, a quarantine
may apply to any goods, products, facilities, containers,
vehicles or materials that may carry dangerous transmissible
disease or that may be contaminated with a hazardous substance
and may be applied on or in or against any premises, area or
locality as defined in this chapter.
(b) Type and duration.--Quarantines shall be of three kinds:
(1) interstate and/or international;
(2) general; and
(3) special;
and shall continue in effect for such lengths of time as the
department deems necessary or advisable.
(c) Interstate and international quarantines.--
(1) An interstate or international quarantine may be
established and enforced by order of the department against
any place or places outside this Commonwealth for any of the
reasons set forth in subsection (a) or where dangerous
transmissible diseases or hazardous substances are reported
to exist. An interstate or international quarantine order may
prohibit the bringing of any domestic animals, conveyances,
containers, goods, products or materials into this
Commonwealth except in accordance with the requirements set
forth in the quarantine order. The order may require the
quarantine, testing, treatment, killing or other disposition
of any domestic animal brought into this Commonwealth in
violation of the order and may require the quarantine,
disinfection or destruction of goods, products, conveyances,
materials or containers brought into this Commonwealth in
violation of the order. The order may also require that a
person importing domestic animals in violation of the order
bear the expenses of postentry requirements of this chapter.
(2) An interstate or international quarantine shall be
established by order of the department and shall be effective
as of the date of actual or constructive notice of the order
or any later date specified in that order.
(3) Notices and copies of the order establishing an
interstate or international quarantine shall be advertised in
the Pennsylvania Bulletin within 20 days of the date of the
order, in at least one newspaper of general circulation
within this Commonwealth and in at least one newspaper of
general circulation in the state(s) or nation(s) against
which the quarantine is directed. Publication in the
Pennsylvania Bulletin shall effect constructive notice. The
department shall, if practicable, mail or deliver notice and
a copy of the quarantine order to the governmental agency or
agencies overseeing agricultural affairs in the state(s) or
nation(s) against which the quarantine is directed. The
quarantine order may be enforced prior to such publication or
distribution.
(d) General quarantines.--
(1) A general quarantine may be established and enforced
by order of the department against any area or locality
within this Commonwealth for any of the reasons set forth in
subsection (a) to prevent a dangerous transmissible disease
or a domestic animal contaminated by a hazardous substance
from being carried into, within, from or out of the area or
locality that is subject to the quarantine. A general
quarantine order may include any domestic animals,
conveyances, containers, goods, products or materials that
may carry dangerous transmissible disease or domestic animals
that are contaminated with a hazardous substance and may
include any area or locality, including all buildings,
structures, premises and equipment located therein.
(2) A general quarantine shall be established by order
of the department and shall be effective as of the date of
actual or constructive notice of the order or any later date
specified in that order.
(3) Notices and copies of the order establishing a
general quarantine shall be advertised in the Pennsylvania
Bulletin within 20 days of the date of the order and in at
least one newspaper of general circulation within the area or
locality subject to the quarantine. Publication in the
Pennsylvania Bulletin shall effect constructive notice. The
quarantine order may be enforced prior to such publication.
(e) Special quarantines.--
(1) A special quarantine may be established and enforced
by order of the department against any premises, domestic
animals, conveyances, containers, goods, products or
materials situated within this Commonwealth for any of the
reasons set forth in subsection (a) or whenever it is deemed
necessary or advisable by the department to prevent or
control the spread of a dangerous transmissible disease;
control a domestic animal contaminated by a hazardous
substance; control any domestic animal; examine or disinfect
or regulate the use of any premises, materials, conveyances,
goods, containers or products; or destroy or dispose of the
carcass of any dead domestic animal.
(2) A special quarantine shall be established by the
posting of a quarantine order describing the domestic animal
or domestic animals and any conveyances, containers, goods,
materials, products or premises covered by the special
quarantine. The quarantine notice shall be conspicuously
posted so as to alert any visitor to the quarantined premises
of the probable presence of a dangerous transmissible disease
or domestic animals contaminated by hazardous substances.
(3) If practicable, the department shall serve a copy of
the special quarantine order upon the owner or caretaker of
the domestic animals, premises or other property subject to
the order. The department shall have authority to make
available to interested persons the names and locations of
premises subject to special quarantine.
(f) Violations of quarantine.--
(1) It shall be unlawful for any person to sell, offer
for sale, lease, lend, exchange, give away, transfer, remove
or allow to be removed any animals or animal products, goods,
materials, containers, conveyances or other articles that are
the subject of a general or special quarantine order under
this section without first obtaining the written permission
of the department to do so.
(2) It shall be unlawful for any person to allow a
domestic animal that is the subject of a general or special
quarantine order under this section to stray beyond the
quarantined premises, area or locality.
(3) It shall be unlawful for any person to transfer
ownership of any animal or animal product that is the subject
of a general or special quarantine order under this section
without first notifying the prospective or actual transferee
of the quarantine order and the reasons for the imposition of
quarantine.
(4) It shall be unlawful for any person to use or
prepare as food for humans or domestic animals any domestic
animal or domestic animal product that is the subject of a
general or special quarantine order under this section
without first obtaining the written permission of the
department to do so. Such permission shall be granted in
accordance with any applicable guidelines established by the
department.
(5) It shall be unlawful for any person to tear, deface,
destroy, remove, conceal or alter in any way any notice of
quarantine posted by the department or to remove or destroy,
partially or wholly, any portion of a building, tree, fence
or other object to which a notice of quarantine has been
posted by the department.
(6) It shall be unlawful for any person to bring into
this Commonwealth any domestic animals, containers, goods,
products, conveyances or materials that are the subject of an
interstate or international quarantine order under this
section.
(7) It shall be unlawful for any person to impede,
hinder or interfere with the department entering upon
premises or elsewhere in the performance of duties imposed by
this subchapter.
(8) It shall be unlawful for any person to violate any
provision of a quarantine order issued under this section.
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Last modified: November 27, 2007 |