3 Pennsylvania Consolidated Statutes Chapter 23 - Domestic Animals

• Chapter Notes

Subchapter A.  General Provisions

• Section 2301 - Short Title Of Chapter
  This chapter shall be known and may be cited as the Domestic Animal Law.
• Section 2302 - Finding, Policy And Purpose
  The General Assembly finds that animal health is of major economic interest in this Commonwealth. It is the declared policy of the Commonwealth to...
• Section 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...
• Section 2304 - Diagnostic Services And Research
  The department may establish, maintain or fund, to the extent that funding is available, such domestic animal disease diagnostic services and research activities as...
• Section 2305 - Keeping And Handling Of Domestic Animals
  The department shall have authority to regulate the keeping and handling of domestic animals to exclude or contain dangerous transmissible diseases and hazardous substances...

Subchapter B.  Identification of Domestic Animals

• Section 2311 - General Authority
  The department shall have authority to impose requirements and methods for the identification of domestic animals owned, kept, possessed or transported within this Commonwealth....
• Section 2312 - Adoption Of Form Of Identification
  (a) General authority.--A domestic animal owner may adopt a brand, tattoo or other form of identification with which to identify domestic animals owned by...
• Section 2313 - Certified Copies
  (a) Issuance.--If a form of identification is recorded, the department shall furnish its owner with two certified copies of the record of the form...
• Section 2314 - Brand, Tattoo Or Other Form Of Identification As Proof Of Ownership
  In all suits at law or in equity or in any criminal proceedings in which the title to domestic animals is an issue, the...
• Section 2315 - Disputes In Custody Or Ownership
  Disputes in custody or ownership of domestic animals that bear brands, tattoos or other forms of identification shall be investigated on request by the...
• Section 2316 - Sale Or Assignment Of Form Of Identification
  Any form of identification recorded pursuant to this subchapter shall be the property of the person causing such record to be made and shall...
• Section 2317 - Violations And Penalty
  (a) Unauthorized brands.--It shall be unlawful for a person to use any brand for the branding of domestic animals unless the brand has been...
• Section 2318 - Fees And Forfeiture
  An owner of a form of identification of record shall pay the department a fee of $5 on January 1 of every fifth year...

Subchapter C.  Detection, Containment or Eradication of Certain Diseases

• Section 2321 - Dangerous Transmissible Diseases
  (a) Specific dangerous transmissible diseases.--The following transmissible diseases are dangerous transmissible diseases within the meaning of this chapter: (1) Actinomycosis, an infectious disease of...
• Section 2322 - Neoplastic Diseases, Metabolic Diseases And Heritable Diseases
  If a neoplastic disease, metabolic disease or heritable disease is determined by the department to pose a threat to domestic animal health or to...
• Section 2323 - Health Requirements
  (a) Interstate and intrastate movement of domestic animals.--The department may establish identification and minimum health standards for the importation or the intrastate movement of...
• Section 2324 - Safety Of Domestic Animal Feed
  (a) General authority.--The department shall have the authority and the duty to protect the food supply of domestic animals in order to prevent the...
• Section 2325 - Use Of Biologicals, Antibiotics, Genetic Material, Chemicals, Diagnostic Agents And Other Substances
  (a) Authority.--The department shall have the authority to regulate the manufacture, sale or administration of any biological product intended for diagnostic, preventive or therapeutic...
• Section 2326 - Sanitation
  The department shall have the authority to establish standards of sanitation for the operation and maintenance of any facility, conveyance, equipment, building or other...
• Section 2327 - Disease Surveillance And Detection
  (a) General authority.--The department shall have the authority to regularly monitor the domestic animal population of this Commonwealth to determine the prevalence, incidence and...
• Section 2328 - Entry On Premises
  In the performance of the duties required by this chapter, the department may at any time enter any premises or stop and detain any...
• Section 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...
• Section 2330 - Condemnation
  The department shall have the authority to condemn and seize or cause to be destroyed any quarantined domestic animal, domestic animal product, conveyance or...
• Section 2331 - Indemnification
  (a) In general.--Whenever a condemned domestic animal, domestic animal product or other condemned property is slaughtered or destroyed by order of the department to...
• Section 2332 - Depopulation Incentive
  (a) Generally.--If a domestic animal, domestic animal product or other property has not been condemned under authority of this chapter, the department shall have...
• Section 2333 - Restriction On Payment Of Indemnification And Depopulation Incentive
  (a) Generally.--Notwithstanding any other provision of law, indemnification under section 2331 (relating to indemnification) and depopulation incentive under section 2332 (relating to depopulation incentive)...
• Section 2334 - Report On Insurance Or Cost-sharing Program
  On or before 12 months from the effective date of this chapter, the department shall submit to the Agriculture and Rural Affairs Committee of...
• Section 2335 - Contract Growers
  On or before 12 months from the effective date of this chapter, the department shall submit to the Agriculture and Rural Affairs Committee of...

Subchapter D.  Dealers, Agents and Haulers of Domestic Animals or Dead Domestic Animals

• Section 2341 - General Authority
  The department shall have authority to regulate the activities, facilities and equipment of domestic animal or dead domestic animal dealers, agents and haulers for...
• Section 2342 - License Of Dealers And Haulers
  (a) Requirement.--No person shall engage in or carry on the business of a dealer or hauler of domestic animals or of dead domestic animals...
• Section 2343 - Licensure Of Agents
  (a) General rule.--Except as provided in subsection (b), a domestic animal or dead domestic animal dealer or hauler who applies for or holds a...
• Section 2344 - Verification Of Application
  An applicant for a license under this subchapter shall sign the license application, and such signature shall serve to affirm that the information contained...
• Section 2345 - License Fees
  The fee for a domestic animal or dead domestic animal dealer's or hauler's license is $50. If a person is a dealer of dogs...
• Section 2346 - Term Of License
  A license issued under this subchapter shall expire at the end of the calendar year for which it was issued, except that licensure shall...
• Section 2347 - Posting And Display Of License
  Any person licensed under this subchapter and conducting business under such a license shall post a copy of the license furnished by the department...
• Section 2348 - Denial, Suspension Or Revocation Of License
  The department may, after due notice and an opportunity for a hearing, deny, suspend, revoke or modify a license issued under this subchapter if...
• Section 2349 - Records And Inspections
  Every dealer, agent and hauler shall keep such accounts, records and memoranda as are determined by the department to be sufficient to identify all...

Subchapter E.  Disposal of Dead Domestic Animals and Animal Waste

• Section 2351 - General Authority
  The department shall have the authority and the duty to cause the sanitary and safe disposal of dead domestic animals, domestic animal products and...
• Section 2352 - Disposal Of Dead Domestic Animals
  (a) Requirements.--The following requirements shall be met regarding the disposal of the bodies of dead domestic animals: (1) Persons owning or possessing domestic animals...
• Section 2353 - Disposal Of Animal Waste
  Animal waste known or suspected to have been exposed to a dangerous transmissible disease or hazardous substance shall be disposed of in accordance with...
• Section 2354 - Licensure Requirement Of Dead Domestic Animal Disposal Businesses.
  Any person who purchases or receives for disposal a dead domestic animal, domestic animal part or potentially infectious animal waste shall be deemed to...
• Section 2355 - Licensing Procedure
  (a) Applications and fees.--Any person intending to operate a dead domestic animal disposal business within this Commonwealth shall, prior to the commencement of business,...
• Section 2356 - Conditions Of Licensure
  (a) Inspections.--As a precondition to the issuance of a license under this subchapter and as a continuing condition of such licensure, the department shall...
• Section 2357 - Denial, Suspension Or Revocation Of License
  An application or license under this subchapter may be denied, suspended or revoked if the department determines that any of the conditions of licensure...

Subchapter F.  Slaughter and Processing of Domestic Animals

• Section 2361 - General Authority
  The department shall have authority to regulate the destruction, slaughter or processing of domestic animals in order to assure the proper treatment of domestic...
• Section 2362 - Humane Methods Of Slaughtering Domestic Animals
  (a) Humane methods required.-- (1) Humane methods shall be used in the handling of domestic animals for slaughter and in the actual bleeding and...

Subchapter G.  Garbage Feeding Business

• Section 2371 - Licensure Requirement
  Any person who feeds garbage to domestic animals shall be deemed to be engaged in the garbage feeding business. It shall be the duty...
• Section 2372 - Application And Fee
  Any person intending to operate a garbage feeding business or plant within this Commonwealth shall, prior to the commencement of operation, file an application...
• Section 2373 - Issuance Of License
  The department shall issue a license under this subchapter when all of the following are met: (1) Approval of the application. (2) Receipt of...
• Section 2374 - Term Of License And Renewal
  A license issued under this subchapter shall expire at the end of the calendar year for which it is issued, except that licensure shall...
• Section 2375 - Posting Of License
  Any person licensed under this section and operating a garbage feeding business shall post a copy of the license in a conspicuous place in...
• Section 2376 - Heating Certain Garbage Before Feeding
  All garbage that may contain animals, animal parts or animal products shall be heated thoroughly to a temperature of at least 212 degrees Fahrenheit...
• Section 2377 - Prohibitions And Conditions
  (a) Sanitation.--All garbage feeding businesses shall be maintained in a reasonably sanitary condition. Approved methods to exterminate flies, vermin and rodents shall be employed...
• Section 2378 - Inspections
  As a precondition to the issuance of a garbage feeding business license and as a continuing condition of such licensure, the department may inspect...
• Section 2379 - Notice To Remedy And Denial, Suspension Or Revocation Of License
  The department shall provide an applicant or licensee under this subchapter with written notice of any violation of this subchapter or any regulation relating...

Subchapter G.1.  Cervidae Livestock Operations

• Section 2380.1 - Definitions
  The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly...
• Section 2380.2 - License Required
  A person may not operate a Cervidae livestock operation within this Commonwealth unless the person has a license. A separate license is required for...
• Section 2380.3 - Application
  (a) Form.--An application for licensure, including license renewal, must be made on a form prescribed by the department. (b) Fee.--An application for a license...
• Section 2380.4 - Issuance
  (a) Inspection.--The department shall inspect the premises of and investigate each applicant. An inspection under this subsection may be made by the department or...
• Section 2380.5 - Term; Renewal
  (a) Term.--A license is valid for a period of two years from the date of: (1) issuance under section 2380.4(b) (relating to issuance); (2)...
• Section 2380.6 - Keeping And Handling Of Cervids
  (a) Pens and enclosures.--The department shall adopt regulations concerning the type of pens and enclosures used for Cervidae livestock operations. Regulations shall ensure that...
• Section 2380.7 - Periodic Inspections
  During regular business hours, the department is authorized to inspect the premises of a licensee for compliance with this subchapter and regulations under this
• Section 2380.8 - Violations By Licensees
  (a) Notice.--The department must provide a licensee with written notice of a violation of this subchapter or a regulation under this subchapter. The notice...
• Section 2380.9 - Game And Wildlife Code And Regulations
  (a) Code.--The provisions of 34 Pa.C.S. (relating to game) are repealed insofar as they are inconsistent with this subchapter. (b) Regulations.-- (1) The provisions...

Subchapter H.  Administrative Provisions

• Section 2381 - Cooperation
  In order to extend the efficiency of the department with regard to the administration and implementation of this chapter, the department is authorized to...
• Section 2382 - Regulations
  (a) General authority.--The department shall promulgate and adopt rules and regulations necessary for the administration and implementation of this chapter. (b) Preexisting regulations.--Except to...
• Section 2383 - Enforcement And Penalties
  (a) Criminal penalties.--Unless otherwise specified, any person who violates any of the provisions of this chapter or any rule, regulation or order made under...
• Section 2384 - Disposition Of Fees, Fines And Civil Penalties
  All moneys derived from fees, fines and civil penalties collected or imposed under this chapter shall be paid into the State Treasury and shall...
• Section 2385 - Interference With Officer Or Employee Of Department
  A person who willfully or intentionally interferes with an employee or officer of the department in the performance of duties or activities authorized under...
• Section 2386 - Civil Remedy
  In addition to any other remedies provided for in this chapter, the Attorney General, at the request of the department, may initiate in the...
• Section 2387 - Inapplicability Of Penal Cruelty To Animals Statutes
  No action taken by the department or decision not to act made by the department or condition or action required of another by the...
• Section 2388 - Exemption For Governmental Entities
  All agencies or commissions of the Federal Government and the Commonwealth shall be exempt from the licensure requirements of Subchapters D (relating to dealers,...
• Section 2389 - Preemption Of Local Laws And Regulations
  This chapter and its provisions are of Statewide concern and shall have eminence over any ordinances, resolutions and regulations of political subdivisions which pertain...

Subchapter I.  Swine Hunting Preserves

• Section 2390 - Regulation Of Swine Hunting Preserves
  (a) Promulgation.--The department shall promulgate regulations for swine hunting preserves consistent with section 14 of the department's General Quarantine Order on the Importation and...

Last modified: October 8, 2016