Pennsylvania Act 1988-148 — ANIMAL HEALTH AND DIAGNOSTIC ACT

Act text

ANIMAL HEALTH AND DIAGNOSTIC ACT
                 Act of Dec. 14, 1988, P.L. 1198, No. 148             Cl. 03
                                  AN ACT

     Creating a departmental administrative commission known as the
        Animal Health and Diagnostic Commission; and establishing a
        fund.

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

     Section 1.  Short title.
        This act shall be known and may be cited as the Animal Health
     and Diagnostic Act.
     Section 2.  Legislative findings and intent.
        Veterinary diagnostic support is the linchpin of any network
     of veterinary epidemic intelligence vital to the maintenance and
     well-being of a modern animal industry. Many diseases have
     potentially serious consequences for animal and human health.
     Much of the research work which is done on animal diseases has a
     correlating effect on human disease research. The General
     Assembly has determined there is a need to facilitate an
     integrated approach to the diagnosis and investigation of
     disease in farm animals. The avian flu virus brought to the
     General Assembly's attention that there is not a laboratory in
     Pennsylvania which can deal with this type of virus, and
     Pennsylvania poultrymen had to send all samples to Ames, Iowa.
     The General Assembly also finds that it is important that there
     be diagnostic capabilities in Pennsylvania since this State is
     one of the top poultry, dairy and animal-producing states in the
     country. There is no doubt that the research laboratories at The
     Pennsylvania State University and the University of Pennsylvania
     teaching facilities are of utmost importance since they
     correlate to the medical facilities at both of these
     universities. To facilitate this program, it is important that
     each diagnostic laboratory be linked together via the Extension
     Computer Network to facilitate an integrated approach to the
     diagnosis and investigation of disease in farm animals. It is
     also the intent of the General Assembly to provide resources and
     a cadre of specialists to allow planned interventions in disease
     outbreaks rather than crisis interventions. A predictable
     funding basis is the only manner in which to achieve these
     necessary laboratory research and diagnostic capabilities.
     Section 3.  Creation of commission; members.
        (a)  Creation.--There is hereby created in the Department of
     Agriculture a departmental administrative commission which shall
     be known as the Animal Health and Diagnostic Commission.
        (b)  Membership.--
            (1)  The commission shall consist of the following 15
        members:
                (i)  The Secretary of Agriculture of the
            Commonwealth.
                (ii)  The Secretary of Health of the Commonwealth.
                (iii)  The chairmen and minority chairmen of the
            Agriculture Committees of both the House of
            Representatives and the Senate.
                (iv)  Three accredited veterinarians appointed by the
            Governor with the advice and consent of a majority of the
            members elected to the Senate.
                (v)  Six active farmers appointed by the Governor
            with the advice and consent of a majority of the members
            elected to the Senate. In appointing farmer members, the
            Governor shall consider nominees suggested by Statewide
            farm organizations, the poultry industry and equine and
            livestock breeding organizations.
            (2)  The Secretary of Agriculture shall serve as the
        chairman of the commission. At the last regular meeting of
        the commission in the calendar year, the members of the
        commission shall elect a vice chairman from among the members
        of the commission. The member elected vice chairman shall
        serve in that capacity for the ensuing year.
            (3)  Each member of the commission in the categories of
        paragraph (1)(i) through (iii) may be represented by his
        designee.
            (4)  Five of the nine members appointed by the Governor
        shall be appointed to an initial term of two years. All other
        members appointed by the Governor shall serve for terms of
        four years. A member appointed by the Governor shall hold
        office until his successor has been duly appointed and
        qualified according to law but no longer than six months
        beyond the period to which the member was appointed. Any
        members appointed by the Governor to fill a vacancy occurring
        otherwise than by expiration of a term shall be appointed in
        the same way and with the same qualifications as set forth in
        paragraph (1) and shall hold office for the remainder of the
        unexpired term.
            (5)  Each member of the commission shall be eligible for
        reappointment, and any member appointed to the commission by
        the Governor may be removed by the Governor for neglect of
        duty or malfeasance in office.
            (6)  Members appointed to the commission by the Governor
        shall receive $100 per day for each day actually engaged in
        the business of the commission as compensation for serving as
        members and shall devote such time and effort to the
        prosecution of the commission's business as is necessary to
        fulfill the commission's obligations under law. Such members
        shall also be entitled to reimbursement in accordance with
        Commonwealth regulations for reasonable traveling, lodging
        and other necessary expenses incurred in the discharge of
        their duties.
            (7)  All members shall be employed or engaged in business
        in this Commonwealth or, if retired, shall be residents of
        this Commonwealth.
            (8)  A majority of the members of the commission shall
        constitute a quorum. All decisions shall require the
        concurrence of a majority of the members of the commission.
        The commission shall keep a full and accurate record of all
        proceedings and of all resolutions, regulations and orders
        issued or adopted.
     Section 4.  Establishment of fund.
        (a)  Fund established.--There is hereby established a fund,
     which shall be an interest-bearing restricted revenue account,
     in which shall be deposited such moneys as are appropriated,
     given, granted or donated to the commission, or to the program
     provided for in this act, by the Federal Government, the
     Commonwealth or any other governmental or private agency or
     person.
        (b)  Use of fund.--Moneys deposited in the fund and interest
     earned on moneys deposited in the fund shall be used solely for
     the purpose of carrying out the provisions of this act.
     Section 5.  Powers and duties of commission.
        The commission shall have the following powers and duties:
            (1)  To adopt, issue, amend and rescind suitable rules
        and regulations to carry out the provisions and purposes of
        this act.
            (2)  To hear and determine all grants allowable under
        this act.
            (3)  To receive funds from Federal, State and private
        sources, to deposit the funds in an interest-bearing
        restricted revenue account pursuant to section 4 and to
        authorize expenditures from this fund for the purposes of
        carrying out the provisions of this act.
            (4)  To coordinate animal health, animal research and
        animal diagnostic programs in this Commonwealth, including,
        but not limited to, those programs conducted at The
        Pennsylvania State University, the Department of Agriculture
        and the University of Pennsylvania: Provided, That this
        coordination shall not affect the Department of Agriculture
        in discharging its statutory and regulatory authority
        concerning the prevention, control or eradication of
        dangerous transmissible diseases of animals or birds.
            (5)  To make grants for, and acquire data regarding,
        animal health research, including, but not limited to:
                (i)  the determination of long-term animal health
            trends within the animal health industry, with emphasis
            upon those areas deemed most critical to the animal
            agriculture producers, the nutrition and health of the
            consumers and the quality of life in rural communities;
                (ii)  the prioritization of animal health research
            projects;
                (iii)  the maximization of receipt of grant funds
            from Federal agencies for animal health research;
                (iv)  the maximization of receipt of funds from
            private sources interested in animal health research;
                (v)  the distribution of funds for animal health
            research projects to those institutions or agencies
            within the Commonwealth which conduct contracted
            diagnostic work in animal health;
                (vi)  the evaluation of factors involved in animal
            health problems to determine which are biologic in origin
            and which are caused by improper livestock management;
                (vii)  the computerized compilation, maintenance,
            indexing and dissemination of animal health research
            projects and results, where available, especially in
            those cases where research was funded wholly or partially
            by the Commonwealth;
                (viii)  the determination of the need for capital
            funding for research facilities and equipment;
                (ix)  the conduct of annual surveys of the veterinary
            medical profession, the food processing industries and
            businesses related to livestock agriculture to isolate
            trends or circumstances which may threaten animal or
            human health; and
                (x)  the exchange of biomedical research and
            information between human health and animal health
            sources, including the isolation of animal disease
            models.
            (6)  To make grants for, and acquire data regarding,
        animal disease diagnosis, including, but not limited to:
                (i)  the development of a coordinated reporting and
            monitoring system for animal disease diagnosis;
                (ii)  the development of toxicological capabilities,
            especially those related to a drug detection program for
            horse racing and to a determination of animal health
            problems because of the close proximity of animal
            agriculture to mining and to oil and gas drilling;
                (iii)  the expansion of diagnostic virology
            capabilities, especially those related to virus isolation
            procedures; and
                (iv)  the determination of the need for capital
            funding for animal disease diagnostic facilities and
            equipment.
            (7)  To make recommendations to the General Assembly and
        to the Department of Agriculture regarding animal health
        research, animal disease diagnosis and indemnification for
        losses caused by animal disease.
     Section 6.  Assistance by Department of Agriculture.
        The Department of Agriculture shall assist the commission by
     providing office space and such personnel and other
     administrative support as needed for the execution of the
     commission's function under this act.
     Section 7.  Grants.
        In exercising its powers and duties under other provisions of
     this act and in order to improve the diagnostic capabilities of
     the Commonwealth and reduce the costs associated with animal
     disease, the commission shall make grants for research,
     diagnosis, control and prevention of animal disease. The grants
     shall be made only to those accredited institutions of higher
     education and those agencies and organizations which are located
     within this Commonwealth and devoted to animal health. A
     proposal for a grant shall specify the nature of the research or
     other work to be carried out and the anticipated benefits to the
     Commonwealth. Amounts may be granted for the investigation of
     particular diseases and for personnel, projects and facilities
     related to animal disease in general. Proposals for grants shall
     be filed with the commission in such manner as the commission
     shall by regulation require.
     Section 8.  Effective date.
        This act shall take effect in 60 days.