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PA Domestic Animal Act
SESSION OF 1996 SUBCHAPTER D
DEALERS, AGENTS AND HAULERS OF DOMESTIC ANIMALS OR DEAD DOMESTIC ANIMALS
PENNSYLVANIA DEPARTMENT OF AGRICULTURE
Dr. John Enck, Jr., Director of BAHDS
Dr. Bruce Schmucker, Chief, Division of Regulations & Compliance
Note- Since Dr. Schmucker's office has not responded to
any complaints, it is highly recommended that you send your complaint
via certified mail to Dr. John Enck, Jr., so Dr. Schmucker's
office cannot deny they received the
Until recently,according to the PA Department of Agriculture records,
3 out of state"killer buyers" at the Pennsylvania auctions
Did Not Have the Required Permits as Required by Pennsylvania
Law. The PA Department Of
Contact the PA Attorney General's Office
Re: Lack of Enforcement of The PA Cruelty Statute & The PA Domestic Animal Act
The depatment shall have authority to regulate the activities, facilities and equipment of domestic animal or dead domestic animal dealers, agents and haulers for the purpose of assuring the sanitary handling of dead domestic animals and the sanitaay handling, marketing and exchange of domestic animals.
§ 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 or act as an agent for a dealer or hauler, unless such person is duly licensed by the department. With respect to dealers of dogs, the requirements of this subchapter are in addition to the requirements under the act of December 7, 1982 (P.L.784, NO.225), known as the Dog Law.
(b) Application.-Application for a dealer's or hauler's license shall be made on a form furnished by the department. The form shall contain such information as the department may reasonably require to determine the applicant's identity, competency and eligibility.
§ 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 dealer's or hauler's license may designate any person to act as an agent on behalf of that dealer or hauler. The designation shall be made either on the domestic animal or dead domestic animal dealer's or hauler's license application form or by a written notice to the department requesting the issuance of an agent's license. The department may require such additional information as is necessary to determine the identity, competency and eligibility of an applicant for an agent's license. A dealer or hauler snail be accountable and responsible for contracts made by any of its licensed agents.
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 in the application is true and correct. An application and the infonnation contained therein for licensure under this chapter shall he subject to the provisions of l8Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
§ 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 and is licensed under the act of Dcember 7. l982 (P.L.784. No.225), known as the Dog Law, there shall he no fee for licensure under this section. The fee for an agent's license is $25. These fees shall be paid prior to the issuance of a license by the department; The department may change these license fees through regulations.
§ 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 be continued, pending renewal or denial by the department if the renewal application is received by the department no later than December 1 of the preceding calendar year.
§ 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 in or at the place of business of the licensee. The license shall be posted and exposed for viewing by those persons conducting the business which is the subject of the license and for inspection by the department. The licensee and any agents of the licensee shall carry a license verification card issued by the department at all times wben acting as a dealer, agent or hauler. This license verification card shall be exhibited to persons when negotiating with or soliciting business from them and to the department upon request. § 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 the department finds that the applicant or licensee has violated any provision of this chapter or its related regulations Or finds the existence of any of the following;
(1) the applicant or licensee has violated the laws of the United States or this Commonwealth or official regulations governing the interstate or intrastate movement, shipment or transportation of animals;
(2) the applicant or licensee has made false or misleading statements or has fraudulendy misrepresented the health or physical condition of domestic animals with regard to official tests or quantity of domestic animals or in the buying or receiving of domestic animals or in the receiving, selling, exchanging or shipping of domestic animals, including soliciting or negotiating the sale, resale, exchange or shipment of domestic animals.
(3) the applicant or licensee has engaged in a continued course of dealings of such a nature as to satisfy the department of the inability or unwillingness of the applicant or licensee to properly conduct the business of a dealer, hauler or agent in accordance with the requirements of this chapter.
(4) the applicant or licensee has failed to practice measures of sanitation prescribed by the department for premises or conveyances used for the confining. stabling, yarding. housing. holding or transporting of domestic animals: or(5) the applicant or licensee has failed to keep records required by the department or by law or has refused to allow inspections or to produce books. accounts or records of transactions in the carrying on of the business for which such license is requested or granted.
§ 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 living or dead domestic animals handled and their origin and disposition to fully and clearly disclose all transactions involved in his busines,. including the true ownership of such business by stockholders or otherwise. Every dealer, agent and hauler shall also keep records of such health certifications and sanitary measures as are required under the provisions of this chapter or its regulations. The depatment may investigate the records of any applicant or licensee under this subchapter. The applicant or licensee shall provide its records upon the department's request. Information unrelated to the purpose of the investigation and relating to the general business of the applicant or licensee shall be deemed to be of confidential nature by the department. The department shall conduct such inspections as are necessary to assure the sanitary and humane handling of domestic animals.
§ 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 cooperate with the appropriate regulatory agencies of the Federal Government, any other state or foreign nation.
§ 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 the extent that they are inconsistent with any provision of this chapter, regulations in effect on the effective date of this chapter shall continue in effect unless subsequently modified by regulations promulgated by the department.(c) Fees.The department may impose licensure and user fees to recover costs of supplies, equipment, administration and other fixed overhead costs to provide services and voluntary programs to the domestic animal industry. Unless otherwise specified in this chapter, such fees shall be established by the department through regulations.
§ 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 this chapter:
(1) For a first offense, commits a summary offense and shall, upon conviction, be sentenced for each offense to pay a fine of not less than $100 nor more than $300 and costs of prosecution and, in default of payment of such fine and costs, shall be sentenced to undergo imprisonment for a period of not more than 90 days.
(2) For a subsequent offense committed within three years of a prior conviction for any violation of this chapter or any rule, regulation or order made under this chapter, commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,000 nor more than $5,000 or to imprisonment for not more than two years, or both, at the discretion of the court.
(b) Civil penalties.
1.In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this chapter or a rule or regulation adopted thereunder or any order issued pursuant thereto, the department may assess a civil penalty of not more than $10,000 upon an individual or business for each offense.2.No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with law. 3.In determining the amount of the penalty, the department shall consider the gravity of the violation. The department may issue a warning in lieu of assessing a penalty. 4.In cases of inability to collect such civil penalty or failure of any person to pay all or such portion of the penalty as the department may determine, the department may refer the matter to the Office of Attorney General, which shall recover such amount by action in the appropriate court.
§ 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 be credited to the general government operations appropriation of the Department of Agriculture to administer the provisions of this chapter.
The official registration and financial information of the Equine Protection Network, Inc, may be obtained from the PA Department of State by calling toll free within PA, 1-800-732-0999. Registration does not imply endorsement.