Pennsylvania Act 2002-211 — AGRICULTURE CODE (3 PA.C.S.) - AMEND ANIMAL EXHIBITION SANITATION AND PENALTIES

Act text

AGRICULTURE CODE (3 PA.C.S.) - AMEND ANIMAL EXHIBITION SANITATION AND
                                PENALTIES
                 Act of Dec. 9, 2002, P.L. 1650, No. 211              Cl. 03
                             Session of 2002
                               No. 2002-211

     SB 1325

                                  AN ACT

     Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
        Statutes, providing for animal exhibition sanitation; and
        imposing penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 3 of the Pennsylvania Consolidated Statutes
     is amended by adding a chapter to read:
                                CHAPTER 25
                       ANIMAL EXHIBITION SANITATION
     Sec.
     2501.  Definitions.
     2502.  Sanitation standards.
     2503.  Administration.
     2504.  Penalty.
      § 2501.  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:
        "Adequate hand-cleansing facility."  A facility which has:
            (1)  running water and soap or other hand-cleansing
        methods approved by the department; and
            (2)  hand-drying equipment or disposable towels.
     The term does not include a communal basin.
        "Advertise."  To notify the public of an event by:
            (1)  publication in a newspaper, magazine or other
        publication of general circulation;
            (2)  announcement on television or radio;
            (3)  public mailing or distribution of written material;
        or
            (4)  posting of written material at a location other than
        the animal exhibition grounds.
        "Agricultural fair."  An agricultural exhibition which is
     conducted in a manner to make it eligible for a grant under the
     act of July 8, 1986 (P.L.437, No.92), known as the Pennsylvania
     Agricultural Fair Act.
        "Animal."  A living nonhuman organism having sensation and
     the power of voluntary movement and requiring for its existence
     oxygen and organic food. The term does not include a fish or an
     aquatic animal.
        "Animal exhibition."  As follows:
            (1)  The term shall include:
                (i)  an agricultural fair;
                (ii)  a petting zoo;
                (iii)  an event where animals are displayed on animal
            exhibition grounds for view and physical contact with
            humans, if the operator advertises the event;
                (iv)  an event where animals are displayed on animal
            exhibition grounds for view and physical contact with
            humans, if the operator charges an admission fee for
            access to the animals; or
                (v)  an event where animals are displayed on animal
            exhibition grounds for view and physical contact with
            humans, if there is a retail food establishment on the
            grounds.
            (2)  The term shall not include:
                (i)  an event, other than an agricultural fair,
            sponsored by an agricultural organization and held for
            not more than two days per year;
                (ii)  an event authorized by a farmer to permit
            individuals to view or have contact with animals the
            farmer is raising or keeping in the course of "normal
            agricultural operation" as defined in the act of June 10,
            1982 (P.L.454, No.133), entitled "An act protecting
            agricultural operations from nuisance suits and
            ordinances under certain circumstances," which is not
            held on animal exhibition grounds where there is a retail
            food establishment;
                (iii)  an event performed or authorized in the normal
            course of operation of an equine boarding, riding or
            training enterprise by the person that operates the
            enterprise;
                (iv)  an event performed or authorized on the
            premises of a pet store by the person that operates the
            store;
                (v)  an event sponsored by or authorized by a
            recognized dog or cat breed association, dog or cat club
            or recognized kennel association;
                (vi)  an event performed or authorized by an animal
            rescue organization, a humane society or association for
            the prevention of cruelty to animals; or
                (vii)  an event excluded by regulation of the
            department.
        "Animal exhibition grounds."  The premises on which an animal
     exhibition is conducted.
        "Operator."  A person that conducts an animal exhibition. The
     term includes a person that contracts with another to conduct an
     animal exhibition.
        "Veterinarian-client-patient relationship."  A relationship
     in which:
            (1)  the veterinarian has assumed the responsibility for
        making veterinary medical judgments regarding the health of
        the animal and the need for veterinary medical treatment; and
            (2)  the owner or caretaker of the animal has agreed to
        follow the instructions of the veterinarian in relation to
        zoonotic diseases.
        "Zoonotic disease."  A disease which is transmissible from an
     animal to a human being.
      § 2502.  Sanitation standards.
        (a)  Minimum.--The following sanitation standards are
     required to minimize the risk of contracting a zoonotic disease
     at an animal exhibition:
            (1)  An operator shall promote public awareness of the
        risk of contracting a zoonotic disease at the animal
        exhibition and of the measures necessary to minimize the risk
        of contraction by posting appropriate notices at the animal
        exhibition.
            (2)  An adequate hand-cleansing facility for adults and
        children shall be conveniently located on the animal
        exhibition grounds. The operator shall post appropriate
        notices which designate the location of the hand-cleansing
        facility required by this paragraph and encourage the
        cleansing of hands after touching animals, using the restroom
        and before eating.
            (3)  A person may not bring an animal to an animal
        exhibition unless the person has an established veterinarian-
        client-patient relationship.
        (b)  Additional.--The department may promulgate additional
     sanitation standards through regulations.
      § 2503.  Administration.
        The department shall do all of the following:
            (1)  Access the Department of Health's aggregate data
        reports and other information relating to the occurrence of
        zoonotic diseases.
            (2)  In consultation with the Department of Health,
        promote public education and physician awareness of the risk,
        and the sanitation standards necessary to minimize the risk,
        of contracting a zoonotic disease. The primary emphasis of
        this paragraph shall be the need to cleanse hands after
        contact with animals to reduce the risk of contracting a
        zoonotic disease.
            (3)  Promulgate regulations necessary to administer this
        chapter.
            (4)  Implement and enforce this chapter.
      § 2504.  Penalty.
        (a)  Imposition.--The department may assess an administrative
     penalty of up to $500 for each violation of this chapter or a
     regulation promulgated under this chapter.
        (b)  Procedure.--A penalty assessed under subsection (a)
     shall be subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to
     practice and procedure of Commonwealth agencies) and Ch. 7
     Subch. A (relating to judicial review of Commonwealth agency
     action).
        Section 2.  This act shall take effect as follows:
            (1)  This section shall take effect immediately.
            (2)  The addition of 3 Pa.C.S. § 2502(a)(2) shall take
        effect July 1, 2003.
            (3)  The remainder of this act shall take effect in 120
        days.

     APPROVED--The 9th day of December, A. D. 2002.

     MARK S. SCHWEIKER