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GENERAL PROVISIONS
§ 21.1. Definitions.
The following words and terms, when used in this part,
have the following meanings, unless the context clearly indicates otherwise:
Account—The Dog Law Restricted Account under section 1001 of
the act (3 P. S. § 459-1001).
Act—The Dog Law (3 P. S. §§ 459-101—459-1205).
Agent—A district justice or other person within the county
authorized by the county treasurer or the Department to process and issue dog
license certificates and tags, as set forth under section 200(a) of the act (3
P. S. § 459-200(a)).
Department—The Department of Agriculture of the Commonwealth.
Domestic
fowl—Chickens, turkeys, ducks, geese
and guinea fowl.
Cumulative Total – The
cumulative total number of dogs in an establishment shall include any dog
entering the establishment and controlled by the owner of the establishment
during its stay, including puppies born there
that are more than 7 days old. The cumulative total shall count each dog
only once regardless of the number of times the dog enters and leaves the
establishment. The cumulative total
excludes dogs that visit the premises during the day, dogs that accompany their
owners over night and dogs which are kept for their owner without charge by the
establishment.
Establishment--The premises including the home, homestead,
place of business or operation, which encompasses all
the land, housing facilities or any combination thereof, of any person, including a dealer, on,
in or through which any activity included within the licensure requirement for
an establishment in 3 P.S §459-206(a) is engaged in. It may be public or
private and includes a person that utilizes offsite
or temporary homes to accomplish any of the purposes of a kennel listed in 3 P.S §459-102.
Employee of the
Department—An employee of the
Department who is assigned responsibility in regard to enforcement of the act,
including a State dog warden.
Exercise
– Continuous Activity by a
dog outside of its primary enclosure consisting of either being walked on a leash by a handler, being placed in an exercise area to move about
freely, engaging in training activities consistent with the definition of Private
kennel, or being free to move about that
part of an establishment licensed as a Private Class I Kennel consisting of the
primary residence occupied by the owner and who has dogs residing therein with
him or her for a period longer than the required exercise period.
Housing facility—Any land, premises, shed, barn, building, house, trailer or other structure or area housing or
intended to house dogs for any period of time.
Licensed veterinarian—A
licensed doctor of veterinary medicine as defined by the Veterinary Medicine Practice Act (63 P. S.
§§ 485.1--485.33).
Keep –
Keep includes, but is
not limited to, training, accepting, dealing with, harboring, maintaining, boarding, or sheltering.
Microchip—A passive transducer encapsulated in a biocompatible
material activated by a 125-kilohertz scanner, or any similar device approved by
the Department.
Outdoor
Housing Facility – A primary enclosure not contained within a building.
Primary conveyance—The main method of transportation used to convey dogs
from origin to destination, such as a motor vehicle.
Primary enclosure—A structure used to immediately restrict a dog to a
limited amount of space, such as a room, pen, run, cage, crate or compartment.
Primary
residence – The primary
residence of the owner shall include the kitchen, living room, family room, and
bedrooms, but shall exclude all corridors and hallways from areas in which dogs
may be housed. Garages and basements are
not included in the primary residence,
but may be used to house dogs if the floor is impermeable to water, is easily
cleaned, and the area is heated and cooled either by the same system used for the rest of the
residence or by a separate system which is substantially comparable.
Primary veterinarian—A licensed doctor of
veterinary medicine who has received training or experience in the care
and management of dogs, and who is familiar and with the relevant aspects of
the kennel or kennel procedures with respect to which that person renders an
opinion and who has assumed the responsibility for
making medical judgments regarding the health of the dogs and their need for
medical treatment.
Sanitize—To make physically clean and to remove and destroy,
to the maximum degree that is practical, agents
injurious to the health
of a dog.
Secretary—The Secretary of the Department or a person to whom
authority has been delegated by the Secretary.
Shelter
structure – A portion of an outdoor primary enclosure that consists of a solid
floor, full walls and a
roof, constructed to protect the dogs from rain and wind and insulated to
reduce the effect of heat and cold.
Stray
Dog – Any dog which is found running at large, either upon the public
streets or highways of the Commonwealth, or upon the property of a person other
than the owner of such dog, and unaccompanied by the owner or keeper.
Temporary home--A place, other
than a licensed kennel or veterinary office used by an
establishment to temporarily perform any activity listed in 3 P.S. § 459-206 relating
to kennels for the
purpose of later transferring the dog or dogs.
Transfer
– Transfer includes,
but is not limited to, selling, buying, giving away, exchanging, temporarily housing,
or donating.
Veterinary
examination – A veterinary examination of a dog in an establishment requiring
licensure shall include at a minimum a physical examination and evaluation of
the dog using sight, touch and hearing. The
veterinarian shall examine the vital organs and shall check bodily system for
disease, including the existence of external or internal parasites. The examination shall meet the professional
standards of either the American Veterinary Medical Association or the Pennsylvania
Veterinary Medical Association.
§ 21.2. Scope.
(a) The standards for operation of all establishments and classifications
of kennels in this Commonwealth are detailed in this chapter. These standards
are in addition to requirements for kennels detailed in the act.
(b) Each
type of kennel and the restrictive licensing fee are set forth in section 206
of the act (3 P. S. § 459-206).
(c) The Department shall issue guidelines
for implementation of the regulations and a timetable for implementation.
§ 21.3. Enforcement and compliance.
Unless otherwise stated employees of the Department are authorized to enforce this chapter. Noncompliance with
any section of the act or of this chapter or the conviction for violation of
any statute relating to cruelty to animals may result in prosecution,
revocation of the kennel license or nonapproval of the kennel license
application.
§ 21.4. Penalties.
The
act establishes penalties for violations of the various articles of the act and
this part. The Department may impose the following penalties individually or in
combination. Section 903 of the act (3 P. S. § 459-903) provides the penalty
for illegal or unlawful activities enumerated in the act or violations of the
act for which specific criminal penalty provisions have not been enumerated. It
may be applied in addition to civil penalties provided for in the act.
(1) Article II penalty provisions. Article
II of the act (3 P. S. §§ 459-200 — 459-219) contains provisions regarding
licensure of dogs and kennels and provides the following penalties:
(i)
Agent
violation. Consistent with section
200(j) of the act (3 P. S. § 459-200(j)), an agent who violates section 200 of
the act commits a summary offense and upon conviction shall be sentenced to pay
a fine of not less than $300 nor more than $500 and in addition may have his
agency recalled at the discretion of the Secretary. Each day of violation or
each illegal act constitutes a separate offense.
(ii)
Failure of an
individual to comply with licensure provisions. Consistent with section 201(c) of the act (3 P. S. §
459-201(c)), an individual who violates section 201 of the act commits a
summary offense and, upon conviction, shall be sentenced to pay a fine of not
less than $25 nor more than $300 for each unlicensed dog.
(iii)
Failure of an
establishment to comply with licensure provisions. Consistent
with section 207(a.1) of the act (3 P. S. § 459-207(a.1)), it is unlawful for an
establishment requiring licensure to operate
without first obtaining a license, except that a
Private kennel may apply for a license within 30 days of reaching the licensure
requirement. A Private kennel that does not apply for
licensure within the 30 day grace period or the failure of any other establishment that deals with or
transfers a cumulative total of 26 or more dogs of any age in any 1 calendar
year to obtain a kennel license prior to operating, may result in one or more
of the following actions by the Secretary.
(A)
The issuance of a citation for violation of the act as allowed under the
Secretary's general enforcement powers set forth in sections 901(a) and 903 of
the act (3 P. S. §§ 459-901(a) and 459-903).
(B)
The issuance of a Notice of Violation and time period to comply, or an
order, or both, as allowed under the Secretary's general enforcement powers in
section 901 of the act, followed by administrative action as may be appropriate
or required under the powers in section 211 of the act (3 P. S.
§ 459-211). When an order is issued, the Secretary may impose a fine of
not less than $100 and not more than $500 for every day the kennel has operated
and continues to operate in violation of the licensure provisions of the act.
(C)
Filing of a suit in equity in
(iv)
Revocation, suspension or
denial of a kennel license.
Consistent with the powers and authority established in section 211 of
the act, the Secretary shall revoke a kennel license or out-of-State dealer
license if a licensee is convicted of any violation of any
law relating to cruelty to animals in any
jurisdiction. The Secretary shall not issue a kennel license or
out-of-State dealer license to a person who has been convicted of a violation
of any law relating to animal cruelty in any jurisdiction
within the last 10 years. The Secretary may revoke, suspend or refuse to issue
a kennel license or an out-of-State dealer license if the person holding or
applying for a license has done any of the following:
(A) Made a material misstatement
or misrepresentation in the license application.
(B) Made a material misstatement
or misrepresentation to the Department or its personnel regarding a
matter relevant to the license.
(C) Been convicted of any
violation of the act.
(D) Failed to comply with any
regulation promulgated under the act to protect the health, welfare or
safety of the animals.
(E) Been convicted of any law
relating to cruelty to animals and the
conviction is more than 10 years
old, if the Secretary
finds that the crime was so heinous that the person could not yet be
rehabilitated or there is
evidence the person has not been rehabilitated, and granting a license
would jeopardize the
health, safety and welfare of the dogs.
(v) Seizure of dogs. Consistent with
section 211(c) of the act, the Department may seize and impound a dog. The following conditions apply with
regard to seizure of a dog.
(A) Seizure. Upon revocation, suspension or denial of a
kennel license or an out-of-State dealer license, the Department may seize and
impound any dog in the possession, custody or care of the person whose license
is revoked, suspended or denied if there are reasonable grounds to believe that
the dog’s health, safety or welfare is endangered. The person from whom the dog
was seized and impounded shall pay for reasonable costs of transportation, care
and feeding of the dog.
(B) Return of seized dog.
(I) If
the establishment whose kennel license or out-of-State
dealer license has been revoked, suspended or denied and whose dog has been
seized and impounded provides the Department with satisfactory evidence or
assurances that the dog shall receive adequate care, the Department may allow
the establishment to retrieve the seized and
impounded dog. Satisfactory evidence
shall include:
1. an inspection report by a State dog warden or employee of the Department of the
premises and buildings in which the dog will be housed showing
any improvements in the facility that might be needed to meet the requirements
of the statute or these regulations,
2. a
plan of care and kennel maintenance satisfactorily
addressing any deficiencies found,
3. a
signed sworn statement from a licensed
veterinarian attesting to oversee the care,
4. or other information related to care
of the dog as the Department may reasonably require,
5. and the establishment
owner has paid all costs of transportation, care and feeding related to
the seizure and impoundment of the dog.
(II)
If the owner of a seized or impounded dog is someone other than the owner of the establishment from whom the dog was
seized and impounded, the dog owner may retrieve the dog from impoundment upon
payment of the costs of transportation, care and feeding related to the seizure
and impoundment of the dog. The establishment owner from whom the dog was seized and
impounded shall be responsible to reimburse the dog owner for the
transportation, care and feeding costs.
(C) The
Department shall not take physical possession or custody of a dog housed in a kennel whose kennel license has
been revoked, suspended or denied upon any one or more of the following
findings:
(I)
There are no reasonable grounds to
support the belief that the health, safety or welfare of the dog is endangered.
(II)
The owner of the
establishment whose license is revoked,
suspended or denied has provided satisfactory evidence or assurances the dog
will receive adequate care.
(vi) Forfeiture
of dog. Consistent with section 211(c)(4) and (5) of the act, a dog seized
and impounded may be forfeited or the Department may direct forfeiture of
ownership of the dog for the following reasons and under the following
conditions.
(A) Voluntary forfeiture. Ownership of the dog which
has been seized and impounded may be forfeited upon the written request of the
owner.
(B) Secretary-directed forfeiture. The Secretary may direct
that ownership of a particular dog which has been seized and impounded pursuant
to the revocation, suspension or denial of a kennel license be forfeited.
(I) The
Secretary shall serve the owner of the affected dog with written notice of
forfeiture. The notice shall indicate the ownership of the dog in question may
be forfeited to some entity other than the Department. Notice of forfeiture shall
be served by personal service or by registered or certified mail, return
receipt requested, to a responsible person at the kennel from which the dog was
seized or the owner of the affected dog or a responsible person at the address
of the owner. The notice shall specify an effective date of forfeiture which shall
be at least 10 days from service of the notice. The notice shall further inform
the dog owner of the right to request an administrative hearing on the issue of
forfeiture by delivering written request to the department prior to the date of
forfeiture.
(II) A
written hearing request shall act as a supersedeas of the forfeiture action. At
the administrative hearing on the matter, the Department shall have the burden
of proving that the affected dog owner did not adequately care for the subject
dog, or that no satisfactory evidence or assurances have been given to the
Department that the subject dog shall be adequately cared for if it is returned
to the owner, or that the owner has abandoned the subject dog.
(III) Abandonment
shall be found if an owner fails to make timely payment of reasonable costs of
transportation, feeding, care and veterinary expenses of the seized and
impounded dog after two written requests to do so have been served by personal
service or registered or certified mail, return receipt requested, upon a
responsible person at the kennel from which the dog was seized or the dog owner
or a responsible person as the address of the dog owner.
(2) Articles V and V-A penalty provisions. Articles V and
V-A of the act (3 P. S. §§ 459-501, 459-502 and 459-507-A) contains
provisions regarding offenses of dogs and provides the following penalties:
(i) Harboring a dangerous dog. A
person found guilty of harboring a dangerous dog, as set forth in section 502-A
of the act (3 P.S. § 459-502-A), shall be guilty of a summary offense.
(ii) Control
of dog during dangerous dog court proceedings. A person that violates
section 502-A(d) of the act, regarding disposition of a dog during court
proceedings, shall be guilty of a summary offense and shall pay a fine of at
least $200.
(iii) Failure to register and restrain a
dangerous dog. A State dog warden or
a police officer shall immediately confiscate a dangerous dog upon the
occurrence of any violation of the provisions of section 505-A(a) of the act (3
P.S. 459-505-A(a)).
(A) The
dangerous dog shall be impounded, until the final outcome of any court
proceedings.
(B) The reasonable costs of transportation, care and
feeding of the impounded dog shall be paid by the owner of the dangerous
dog.
(C) Abandonment shall be presumed if the owner of the
dangerous dog fails to make timely payment of the reasonable costs of
transportation, care and feeding of the impounded dog after two written
requests to do so have been served by personal service or registered or
certified mail, return receipt requested upon the owner or a responsible person
at the owner’s last known address.
(iv)
Where a court of
competent jurisdiction finds a person guilty of violating any of the provisions
of 505-A(a) of the act, the owner of the dangerous dog shall be guilty of a
misdemeanor of the third degree.
(v)
Where the owner
of the dangerous dog is found guilty of violating any of the provisions of
section 505-A(a) of the act, the dangerous dog shall be forfeited to some
entity other than the Department. In
addition, the owner of the dangerous dog may at any time, by written request,
forfeit the dangerous dog to some entity other than the Department or choose to
have the dog humanely destroyed.
(iv) Attacks
by a dangerous dog. A State dog warden or a police officer shall
immediately seize and impound a dangerous dog upon the occurrence of any
violation of the provisions of section 505-A(b) of the act. Consistent with
section 505-A(b) of the act, where a court of competent jurisdiction finds,
that a dangerous dog, through the intentional, reckless or negligent conduct of
the dog’s owner, attacked a human or a domestic animal the dog’s owner shall be
guilty of a misdemeanor of the second degree and the dangerous dog shall be
immediately confiscated by a State dog warden or police officer, placed in
quarantine for the proper length of time and thereafter humanely killed. The
costs of quarantine and destruction shall be borne by the dog’s owner.
(vi)
Attacks by a
dangerous dog causing severe injury or death. A State dog warden or a police officer shall
immediately seize and impound a dangerous dog upon the occurrence of any
violation of the provisions of section 505-A(c) of the act. Consistent with
section 505-A(c) of the act, where a court of competent jurisdiction finds,
that a dangerous dog, through the intentional, reckless or negligent conduct of
the dog’s owner, aggressively attacked and caused severe injury to or death of
a human, or where the dog’s owner provides a written admission of such conduct
and waives his due process rights, the dog’s owner shall be guilty of a
misdemeanor of the first degree. The dangerous dog shall be immediately
confiscated by a State dog warden or a police officer, placed in quarantine for
the proper length of time and thereafter humanely killed. The costs of
quarantine and destruction shall be borne by the dog’s owner.
* * * * * * * *
(a) General provisions. The following constitutes
general requirements which shall be adhered to regarding licensure of kennels
in this Commonwealth.
(1) Operation
of a kennel. A person who keeps or operates an
establishment requiring licensure shall
on or before January 1 of each year apply to the Department for a kennel
license or kennel license renewal.
(2) Type and Classification of Licenses
(i) Licenses shall be
issued for the type kennel operated by the establishment as defined in the
act (3 P. S. §§ 459-102). These are Boarding Kennel, Breeding
Kennel, Dealer Kennel, Nonprofit Kennel, Pet Shop Kennel, Private Kennel, and
Research Kennel.
(ii) Licenses shall be classified as defined in
the act (3 P.S. §459-206). These
are Class I, II, and II for Boarding Kennels and Class I, II, II, IV, V for all
other types of kennels.
(iii) License for each class and
location. A
separate and proper kennel license shall be required for each type of kennel
and every location at which a kennel is kept or operated, except that temporary homes operating under the license of an
establishment shall not be required to be separately licensed unless they reach
a cumulative total of 26 or more dogs in a calendar year.
(3) Each
license shall state on its face the type of kennel license issued and the class
of license covered.
(4) Kennel
license required.
(i) A license shall be required
for any establishment upon which a cumulative total of 26 or more dogs of any
age in any one calendar year are kept or transferred.
(ii) Upon reaching the cumulative
total of 26 or more dogs of any age in any 1 calendar year, the establishment
in question shall be required to apply for and obtain a kennel license.
(iii) The Department, based upon
the application, shall determine the appropriate licensure type and class.
(5) Application
(i) Each
establishment
shall have kennel facilities that meet the regulatory requirements for all of
the dogs currently on the premises or to be contemporaneously
dealt with or transferred by the establishment, which ever number is
larger, except for any dogs housed in the primary
residence of the owner of a Private Class I kennel.
(ii) If, at any time
during the year, an establishment shall have enough dogs cumulatively on the
premises to require licensure in a different class or if the type of licensure required
shall change, the owner or operator of the establishment shall notify the
Department within 30 days and obtain the type and class of license required for
continued operation.
(iv) The primary
veterinarian required under section 21.30(a) of these regulations shall certify that he or she is the veterinarian of record at the
time the license is applied for, and the establishment shall notify the
department of any change in the primary veterinarian, with such new
veterinarian so certifying to the Department.
(6) Establishments
Utilizing Temporary Homes
(i) An establishment that
utilizes temporary homes and meets the threshold criteria of dealing with or
transferring a cumulative total of 26 or more dogs of any age in any 1 calendar
year shall obtain a kennel license, provide tags for the dogs in the temporary
homes and maintain records meeting the criteria established in section 21.43.
(ii) The
establishments shall be considered under the types and
categories established in the act regarding kennel class I
through class V.
(iii ) In
addition, the records must set forth the location of each temporary home at
which establishment dogs are dealt with or
transferred, a description of each dog, a cumulative total of dogs housed at
each temporary establishment, the date each dog was transferred to and from the
temporary home.
(iv) All
temporary homes shall be subject to inspection by the Department to determine that they are operating within these
regulations. Temporary
homes used by establishments that are not for profit under Section 510(c)(3) of
the Internal Revenue Code shall be subject to inspection only to determine that
the dogs are properly included in the records of the licensed establishment and
are adequately and correctly identified and vaccinated.
(v) An
establishment or temporary home that deals with
or transfers a cumulative total of fewer than 26 dogs in
any 1 calendar year, shall adhere to the individual licensure requirements in
sections 201--205 of the act (3 P. S. §§ 459-201--459-205) or each
dog shall display the kennel tags of the licensed kennel for which the dogs are
being kept as required in subparagraph (ii).
(8) Prohibition
to operate. As set forth in section 207(a.1) of the act (3 P. S
§ 459-207(a.1), it shall be unlawful to operate an
establishment requiring a kennel license,
as described in section 206 of the act (3 P. S. § 459-206) and
further clarified and defined in this chapter, without first obtaining a kennel
license from the Department. Failure of an establishment requiring licensure to obtain or to apply for a
kennel license as set forth above may result in
one or more of the actions by the Secretary contained
in § 21.4.
(b) Prohibitions on dealing with
unlicensed establishments.
(1) Licensees
shall make a good faith effort to ascertain whether the establishments from or
for which they
transport, deal with or
transfer any dog requires a license under sections 206, 207 or 209 of
the act (3 P. S.
§§ 459-206, 459-207 and 459-209) and has such license if it is required.
(2) It
shall be a violation of this chapter for any establishment
requiring licensure, except for humane to deal
in any manner with a kennel or establishment operating without a license
in violation of sections 206, 207 or 209 of the act (3 P. S.
§§ 459-206, 459-207 and 459-209) or whose license
has been suspended or revoked, without the express written permission of
the Department and
(i) with
actual knowledge that such license is required and has not be granted or has
been suspended or revoked or
(ii) under
circumstances where a reasonable person would know such license was required
and has not been granted or has been suspended or revoked.
.(3) Establishments that are not for profit under the provisions
of section 501(c)(3) of the Internal Revenue Code may accept dogs from a
kennel or establishment operating without a license in violation of sections 206,
207 or 209 of the act (3 P. S. §§ 459-206, 459-207, 459-209) or whose license has been suspended or revoked and shall
notify the Secretary in writing of such actions when the acceptance is done
with knowledge of the lack of a license or of its suspension or revocation.
(c ) Health certificate requirement.
(1) In
accordance with section 214 of the act (3 P. S. § 459-214), it shall
be unlawful to transport any dog into this Commonwealth, except dogs
temporarily in this Commonwealth as defined in section 212 of the act (3
P. S. § 459-212)(relating to dogs in the
state less than 30 days for specified activities), without a certificate
of health prepared by a licensed doctor of veterinary medicine.
(2) Except as in subsection (1) above, a dog entering this Commonwealth
from another state, commonwealth or country shall have a health certificate
prepared no more than 7 days before entry.
(3) A
person, licensed establishment or temporary home accepting a dog from another
state, commonwealth or country shall assure a health certificate accompanies
each dog and shall copy and record the health certificate which shall become
part of their records.
(4) The
health certificate or a copy thereof must accompany the dog while in this
Commonwealth. The health certificate must state that the following conditions
have been met:
(i) Age
(A) For establishments licensed to operate under the Animal
Welfare Act (7 U.S.C. § 2131 et
seq.),
that the dog is at least 8 weeks of age.
(B) For all other dogs, that the dog is at least 7 weeks of
age, unless such dog is part of a
litter
transported into the state with the dam, in which case it shall state the age
of the dog
and that
it is accompanied by its dam.
(ii) The dog
shows no signs or symptoms of infectious or communicable disease.
(iii) The dog did not originate within an area under quarantine for rabies.
(iv) After reasonable investigation, the
dog has not been exposed to rabies within 100 days of
importation.
(v) The dog has been vaccinated for
rabies in accordance with the Rabies Prevention and Control in
Domestic
Animals and Wildlife Act (3 P. S. §§ 455.1--455.12) if the dog has reached the age
requiring
vaccination. The health certificate must show the vaccine manufacturer,
the date of
administration
of the rabies vaccine and the rabies tag number.
§ 21.15. Exemptions.
We are still discussing various exemptions or refinements in a number of areas in
limited circumstances and for limited times for types of kennels, but have not
yet reached consensus. The areas we
are looking at include provision for raising puppies, primary enclosure
size, stacking cages, exercise requirements, and quarantine
requirements.
(g) Nothing in these regulations shall
prohibit a kennel from training or socializing dogs residing in the kennel nor
shall licensed kennels shall be deemed in violation of these regulations solely
by reason of engaging in appropriate training provided to dogs in the kennel for law enforcement activities performed
by a police department or for hunting,
herding, tracking, sledding, search and rescue, schutzhund, dog shows, or
performance trials.
KENNELS—CONSTRUCTION AND
MAINTENENCE
§ 21.21. Dog quarters.
(a) Indoor and outdoor housing facilities
for dogs shall be designed and operated in a
manner which protects the dogs from injury, insures the sanitary conditions required in
this part have been compiled with and shall be maintained in a manner complying
with the other conditions required by this chapter and to contain the
dogs.
(b)
Entryways and exits shall be maintained so that, when the gate or
enclosure is opened, the dog shall have unfettered clearance out of the
enclosure.
§ 21.22. Shelter, housing facilities and primary enclosures.
(a) General. All dogs shall be provided access to shelter which protects
them against inclement weather and
excessive temperatures (as set forth more specifically in § 21.25
(relating to temperature control)), preserves their body heat and keeps
them dry. Housing facilities and primary enclosures for dogs shall
be constructed so that they are
structurally sound, be kept in good repair at all times and provide for
the health, safety, welfare and
comfort of the animals.
(b) Housing facilities. The
following criteria apply to both indoor and outdoor facilities:
(1)
A dog may not be housed on a
temporary or permanent basis in a drum or barrel dog house, regardless of the
material of which the drum or barrel is constructed. Metal barrels, drums, cars, refrigerators, freezers or like materials may
not be used as primary enclosures or shelter structures. All surfaces of primary
enclosures, shelter structures and exercise areas must be stationary.
(2)
Primary enclosures must be constructed and maintained to
provide sufficient space to allow each dog to turn about freely and to stand
erect, sit and lie down in a comfortable, normal position The
dog shall be able to lie in a lateral recumbence (on its side or back) with
legs fully extended, without head, tail, legs, back or feet touching any side
of the enclosure.
(3)
Each dog housed in a primary
enclosure shall be provided with no less than the minimum amount of floor space set forth in this subsection. The minimum
amount of floor space shall be calculated according to the following procedure:
(i) Measure the length of the
dog, in inches, from the tip of its nose to the base of its tail.
(ii) Add 6 inches to that
number.
(iii) Square that sum.
(iv) Multiply
the product by 2.
(v) Divide that product
by 144.
(vi) That quotient equals the
minimum required floor space for that dog, in square feet.
Example: A dog measures 24 inches from the tip of its nose to
the base of its tail (Step 1). Adding 6 inches to that number (Step 2) gives a
sum of 30 inches. Squaring that sum
(Step 3) gives a product of 900 square inches. Multiplying
by 2 (Step 4) gives a product of 1,800 square inches. Dividing that product by 144 (Step 4)
gives a quotient of 12.5. 12.5 square feet is the minimum amount
of floor space which must be provided to that particular dog.
Each primary
enclosure shall contain floor space computed as set forth in this
subsection. The floor space required for an inside primary enclosure shall not
include the space of any outside pen, run, cage, crate, compartment or
sheltered structure attached to the primary enclosure.
(4) Each bitch with nursing puppies shall
be provided with an additional amount of floor space, based on her breed and
behavioral characteristics, and in accordance with generally accepted husbandry
practices as determined by the primary veterinarian.
If the additional amount of floor space for each nursing puppy is less than 5%
of the minimum requirement for the bitch, the housing shall be approved by the primary veterinarian.
(5) Primary
enclosures shall not be stacked.
(6) Construction.
(i) Primary enclosures shall have solid
floors. Wire floors are not permitted in
primary enclosures unless covered with a solid floor material that is hard,
water resistant and easily sanitizable.
(ii) The interior surfaces of all primary
enclosures must be free of rust, jagged edges and sharp points or any object
which may cause harm or injury to the dog.
(iii) The
floors and walls of indoor housing facilities and any other surfaces in contact
with the animals must be moisture resistant. The
ceilings of indoor housing facilities must be moisture resistant
or be replaceable (such as a suspended ceiling with replaceable panels).
(iv) Housing facilities and the systems
installed therein and food and bedding storage areas must be constructed in a
manner that minimizes vermin, insect and pest infestation and other vectors of
disease.
(v) A drainage
system must be properly constructed, installed and maintained to remove standing water from the primary enclosures and
runs.
(vi) An indoor primary enclosure and an
outdoor run must be separated by a guillotine, swinging or sliding door or some
other device or means approved by the Department, to allow isolation of the
dogs during cleaning operations.
(vii) All outdoor runs and exercise areas
shall be fenced so as to keep dogs from leaving the area.
(A)
Fences shall be made a
material that cannot be destroyed by a dog or can be easily maintained so any
damage can be readily repaired.
(B)
The fence must be high
enough to prevent the dog from climbing or jumping over the fence, must extend
to ground level, and shall prevent dogs from digging under the fence before
such activity can be seen and repaired.
If necessary, other means, such as buried wire fencing or concrete
construction, may be used to prevent tunneling under fences.
(C) The
use of tethers to restrain dogs is prohibited, except as a temporary measure
determined by the primary veterinarian for medical reasons or as a method of
training a dog for a competitive, hunting or sledding events or at competitive, hunting or sledding events. The reasons either must be stated in writing
by the by the primary veterinarian or be recorded by the kennel owner, if for
training, competitive, hunting or sledding purposes. Such statement shall be subject to the
penalties of 18
(viii) All
outdoor runs and exercise areas shall be shall be of a sufficient size to
permit all dogs within the run or exercise area to move about freely at a
trot. If a run or exercise area is
connected to the primary enclosure it shall be readily accessible and be at
least five times the length and 6 inches wider than the length of the largest
dog in that primary enclosure, as measured from the tip of its nose to the base
of its tail.
(ix) Kennel
runs must be sloped to a gutter or drain located either immediately
outside of the end fence of each run, immediately
outside the concrete run pad, or along the wall between the primary enclosure
and the run and shall meet the criteria established in subsection (c)(3)
and (c)(6) – (c)(9). Indoor kennels with
outdoor runs must also have indoor drains or gutters.
(x) Washing
facilities, which may include washrooms, basins, sinks or showers, shall be
provided for animal caretakers, shall be readily accessible and, where dogs are
housed in an indoor facility, shall be accessible in the housing facility.
Washing facilities shall be equipped with an adequate supply of potable water
(both hot and cold), towels and soap or other disinfectant. Potable water is
water which has been approved for human consumption. If water lines are not
available, a water trailer and immersion heaters shall be provided.
(xi) If another business is operated on the
same premises as the establishment, that business shall be physically separated
from the actual housing facilities for
the dogs in a manner (such as a wall) that will not allow uncontrolled ingress
or egress by the dogs or other animals.
(xii) The interior height of
a primary enclosure shall be at least 6 inches higher than the head of the
tallest dog in the primary enclosure when it is in normal standing position, or such additional height as needed to prevent the dog from
jumping or climbing out of the primary enclosure.
(xiii) Notwithstanding
any other requirements of these regulations, except under (b)(5) above, no
construction requirement shall apply to that part of an establishment licensed
as a Private Class I Kennel consisting of the primary residence occupied
by the owner and who has dogs residing therein with him or her.
(c) Outdoor housing facilities. Shelter
shall be provided for dogs kept outdoors.
1)
Dogs housed in outdoor primary enclosures shall be provided with one or
more shelter structures that are accessible to each animal in each outdoor
facility. The shelter structure must
meet the following criteria:
(i) Be
either a sufficient number of structures to comfortably
house all the dogs kept in the primary enclosure or a large enough structure to accommodate
comfortably all of the dogs in the primary enclosure at the same time.
(ii) Have
a roof, sides and a floor that create the following conditions:
(A)
provide the dogs with adequate protection and shelter from the cold and
heat.
(B)
provide the dogs with protection from the direct rays of the sun and the
direct effect of wind, rain or snow.
(C)
Be raised off the ground to prevent moisture.
(D)
Be constructed and situated to provide a draft free area (a dog door is
recommended) and to provide for a wind break and rain break at the entrance to insure
the dog can stay dry and maintain its body heat.
(E)
Be sufficiently insulated on the top, bottom and
sides to reduce heat transfer from the outside of the sheltered structure to
the inside of that structure so as to maintain an interior temperature of ?? degrees Fahrenheit when the dog is inside.
(F)
Contain clean and dry bedding material sufficient
to maintain the interior temperature in subparagraph (E).
(G)
Surfaces of outdoor housing facilities - including houses, primary
enclosures, dens and shelters - that cannot be readily cleaned and sanitized,
must be replaced when worn or soiled. Wood surfaces must be painted with a
nontoxic paint and in a light color so that it does not absorb heat.
(H)
Be on a flat and level surface.
(2) At least one area of shade other than
the sheltered structure shall be provided.
The area of shade must meet the following criteria:
(i) Be
constructed as a permanent fixture. A shade cloth may be used provided it is impervious to water,
not torn, is in otherwise good repair
and is permanently attached to the structure to provide shade.
(ii) Be
immediately outside the dog box or primary enclosure to assure the dog has a
mud and water free area in which to stay dry before entering the dog box or
primary enclosure.
(iii) Be
constructed to allow for sufficient air movement to keep the dog comfortable in
event of excessive heat and to provide all the dogs housed in that area
protection from the direct rays of the sun.
(iv) Be as wide as the kennel run area and at
least 4 feet in length or large enough to contain all the dogs in that kennel
run area at the same time and provide them with a permanent area of shade and
protection from inclement weather throughout the day, whichever is larger. It
must be large enough to allow each dog in the kennel run area to sit, stand and
lie in a normal manner and to turn about freely. In addition, it must be large
enough to allow all dogs in the kennel run area to avoid the
elements--including direct sunshine and inclement weather.
(3) Outdoor primary
enclosures, runs
and exercise areas must have a slope sufficient to
provide adequate drainage to remove standing water, but may not be placed on a continuous slope of more than 6 inches per 10 feet.
The slope must be situated to assure drainage away from the primary enclosure
and away from any adjacent primary enclosure and run associated with that
primary enclosure without being so steep as to endanger
the safety of the dog.
(4) The primary enclosure associated with each
sheltered structure of an outdoor facility must meet the requirements of section 21.22(b)(3) plus an
additional square footage equal to the size of the sheltered structure and
shall allow each
dog convenient access to the sheltered structure,
permanent shade area and food and water containers.
(5) Outdoor primary
enclosures, runs and exercise areas may
be constructed of concrete, gravel or stone, or may
consist of a closely trimmed grassy area, free of mud or standing water.
(i) If
gravel or stone is utilized, it must be constructed in layers to provide proper
drainage and footing that shall not cause injury to the dogs.
(ii) The surfaces shall be kept
in good repair at all times.
(iii) Pulverized stone, sand,
sawdust or any other material that cannot be readily hosed down and sanitized
or that may cause respiratory or digestive problems for the dogs may shall not be utilized.
(6) Outdoor facilities shall be cleaned of
all feces and sanitized to wash away urine, and kill all parasites,
fungus and other disease causing elements. The facilities shall be cleaned
every 24 hours and in a manner consistent with this chapter.
(7) Outdoor
facilities, including runs and exercise areas shall be kept free of debris and all vegetation shall be closely trimmed. Noxious or potentially harmful weeds shall be cut back from the sides of runs and exercise areas
to a distance of 5 feet to help prevent tick, flea and other parasite
infestation. Where pesticides are used, the owners shall consult a licensed
veterinarian with regard to the proper pesticides to use to assure the health,
safety and welfare of the dogs.
* * * * *
§ 21.23. Ventilation, temperature and
humidity control in indoor and sheltered
housing.
(c) Indoor housing facilities and the sheltered part of sheltered housing facilities for dogs
shall be sufficiently ventilated when dogs are present to minimize drafts,
odors, ammonia levels and to prevent moisture
condensation.
(d) Indoor housing facilities shall have any of the following to
provide adequate ventilation
(1) operable windows to permit cross ventilation
or
(2) mechanical means such as
ventilators, air exchange fans, forced air reversible fans or air conditioners or
(3) building shell design
(e) Auxiliary
temperature control and air movement from fans, blowers or air conditioners
shall be provided for indoor housing facilities when the ambient temperature in the housing facility is 80° F or higher. The relative
humidity must be maintained at a level that ensures the health and well-being
of the dogs housed therein.
(f) Where ventilation requirements
are achieved through design of the building
shell and natural air flow or by means of auxiliary air movement systems, the
kennel must still have doors, windows or vents which can be opened to allow air flow in the
event of a system malfunction or shall have back-up
power to operate the auxiliary air movement system..
(g) Dealer and Breeding kennels shall meet the following
additional requirements:
(1) Heating. The ambient temperature in an indoor
kennel may not fall below 55° F. The
ambient temperature shall not fall below 65° F in the primary enclosure used to
house puppies under three months of age.
(2) Cooling.
The ambient temperature in an indoor kennel may not raise above 80° F.
(h) These
provisions shall not apply to Research kennels that are designed without
windows for security, biosafety or scientific reasons and are constructed with back-up
systems to ensure adequate ventilation in the event of the failure of the
normal system.
§ 21.24. Lighting and electrical systems.
(a) Lighting.
Lighting in the kennel building is required for safety and security. Kennel
housing facilities must have ample lighting by natural or
artificial means. Lighting must
be sufficient to allow observation of the physical condition of the dogs, and to allow observation of the
sanitary condition of the housing facility.
(1) Dogs housed in indoor
and sheltered facilities shall be provided a regular diurnal lighting
cycle. The lighting must be uniformly
diffused throughout the animal facility. Primary enclosures must be placed to
protect the dogs from excessive light.
(2) Lighting
must be available for dogs housed in outdoor kennel facilities. The lighting
must be sufficient to allow observation of the physical condition of the dogs when necessary, even at night. Primary enclosures shall be placed to protect
the dogs from excessive light and direct rays of the sun.
(b) Electrical
systems. Receptacle circuits in areas to be washed down or subjected to
spraying shall be provided with ground fault circuit interrupters. Electrical
sockets (inside and out) must be placed sufficiently
high that dogs cannot reach the outlets and shall meet the relevant building
codes.
§ 21.25. Housing.
a)
Dogs that have displayed ferocious or aggressive behavior towards other dogs or have demonstrated dog-aggressive
behaviors shall be kept in a manner so as to be unable to come in
physical contact with other dogs.
(b) Dogs under quarantine shall be
maintained separately from susceptible species of animals and humans according
to conditions described in the quarantine notice.
(c) Breeds
of dogs that cannot tolerate the prevalent outdoor temperatures without stress
or discomfort (such as short-haired breeds in cold weather
or long haired breeds in hot weather), and sick, infirm, aged or young
dogs may not be kept in outdoor primary enclosures.
(d) Any dog entering an establishment, that
(1) exhibits signs of
parasites or disease, or
(2) has not
received a full course of vaccinations, or
(3) for
which the vaccinations are not current, or
(4) for
which no record of vaccinations exists,
shall be quarantined until adequate veterinary care has been provided to
arrest the parasites or disease and until proper vaccinations can be given and
become effective or all of the requirements have been met, when
applicable. A release from the primary or treating licensed veterinarian shall be
adequate to allow the dog to enter the kennel population.
§ 21.26. Exercise.
(a) Each
dog shall receive 20 minutes of exercise per day unless
kept in a primary enclosure that is contiguous with an exercise area or outdoor
run that is freely and readily accessible to the dog.
(b) An exercise area or outdoor run must
meet the criteria of § 21.22 (relating to shelter, housing facilities and
primary enclosures) with respect to construction, space
and fencing.
(c) Dogs
put in an exercise area shall be segregated in the following manner:
(1) Aggressive or antisocial dogs shall be exercised alone.
(2) Bitches and dogs may be
exercised together in the same enclosure, unless the
bitch is in estrus.
(3) Nursing bitches may be exercised
separately with their puppies.
(4) Puppies under four months old may be
exercised with their dams or puppies of approximately the
same age.
(d)
Supervision.
(1) Dogs
that have been socialized together, whether of the same or different size, may
be exercised together under the general supervision of a person responsible for
the establishment.
(2) Dogs
that have not been socialized together, whether of the same or different sizes,
may be exercised together only under the close supervision of a person
responsible for the establishment.
(e) (1) If a licensed
veterinarian has determined a dog has an injury
or other physical condition that would cause
exercise to endanger the
health, safety or welfare of the dog, that dog shall be
exempted from the exercise
requirement for such
period as determined by the primary or treating veterinarian, provided that the
determination be in
writing, state the specific medical condition, the reason
for the exemption, list the time
period for the exemption and be subscribed by the primary or treating veterinarian.
(2) If
the kennel owner or keeper of the dog has determined that the dog has an injury
not requiring veterinary examination that would cause exercise to endanger the
health, safety or welfare of the dog, that dog shall be exempted from the
exercise requirement for such period as determined by the kennel owner or
keeper of the dog, provided that the determination be in writing, state the
specific injury, the reason for the exemption, list the time period for the
exemption and be subscribed by kennel owner or keeper of the dog.
(3) Such statements
shall be subject to the penalties of 18
(f) Where strenuous training or exercise is conducted
(e.g., competition in herding, lure coursing or other trials or in hunting or
tracking activities) an exercise period shall not be required on the day
following such activity.
To protect the
health, safety and welfare of dogs housed in kennels, the cleaning and
sanitation requirements in this section shall be followed.
(a) Dogs
kept in establishments requiring licensure shall
be fed at least once each day unless otherwise directed by a veterinarian.
(1) The food must be free from contamination, mold and disease, and be of sufficient quantity and nutritive
value to maintain the health of the dogs.
(2) Soiled or inedible food shall be disposed of immediately
when such a condition is observed.
(3) Water bowls shall be cleaned with
detergent and hot water on at least a daily basis or whenever urine, stools or
vomit are present in the bowl, whichever is more frequent.
(b) Water Quality and Availability
(1) Housing facilities must have and be equipped to provide
potable water for all the dogs' drinking needs and for all other animal
husbandry requirements. Potable water
shall be available to the dogs unless otherwise
directed by a veterinarian.
(A) The water must be free of
stools, urine, vomit and other contaminants. The bowl shall be sanitized and fresh water
made available immediately such a condition is observed.
(B) The water in dog bowls may
not be frozen.
(C) The Department may require that a kennel licensee have
samples of the water that it provides to dogs analyzed to confirm potability,
and may require a licensee to submit the results of the water analysis to the
Department. The analysis shall be
conducted at the licensee's expense. The Department may also sample and analyze
the water.
(2) Water shall be available,
and dogs shall have access to it, at
least eight hours per day in all establishments.
(c) Food and water receptacles shall be accessible to dogs
kept in the establishment when in use and shall be located to minimize the possibility of contamination by excreta.
(1) The receptacles must
either be durable, meaning a dog cannot destroy or ingest parts of the receptacle, and shall be made of rust-proof metal or shall be constructed so as to be
disposable and shall be disposed of after one use.
(2) Self-feeders and waterers may be used but shall be
sanitized on a daily basis to
prevent mold, deterioration, contamination or caking of feed.
(d) Supplies
of food and bedding shall be kept in a building or permanent structure which
assures they are kept dry and prevents contamination and eliminates them as vectors of disease.
(1) Spoiled
food or moldy bedding shall be discarded and may not be fed to the dogs or
utilized.
(2) Wet or soiled bedding shall be washed, sanitized and dried
prior to reuse.
(3) Open supplies of food or
bedding shall be kept in leak proof containers with tightly fitting lids to
prevent contamination, vermin infestation and spoilage.
(e) Substances
that are toxic to dogs, including those substances necessary for normal animal
husbandry practices, may not be stored in food storage or preparation areas so as to be accessible to dogs. Those substances may
be stored in the animal areas only if they are contained in cabinets,
containers or in some other secure manner, all of which are manufactured so as
to not be accessible to or easily destructible
by a dog and that prevents inadvertent or accidental contact with the dogs.
(f)
Bedding used in primary enclosures, shall be kept clean and maintained in that manner on a
daily basis.
(g) Bedding must be free of stools, urine, vomit and other
contaminants.
To protect the health, safety and welfare of dogs housed in kennels, the
cleaning and sanitation requirements in this section shall be followed.
(a) General
(1) (A) Except as
provided in subparagraph B, establishments, including kennel
buildings, areas in which dogs
are
housed, all interior surfaces, and the primary
enclosure of each dog, shall be cleaned at least daily
(every
24 hours) to ensure they are free of any accumulation of debris, excreta or
disease hazard and
shall
be sanitized and disinfected at least bi-weekly, using only those disinfecting products approved
by
a licensed veterinarian.
(B) That part of an establishment
licensed as a Private Class I Kennel consisting of the primary residence
occupied
by the owner and which has dogs residing therein with him shall be kept free of
excreta or
disease
hazards and shall be disinfected as required to maintain the health of the
dogs.
(2) All areas of the
establishment in which dogs are housed, except that part of an establishment licensed as a
Private Kennel consisting of the primary residence occupied by the owner and
which has dogs residing therein with him,
shall be
kept in a state of good repair.
(3) Outdoor runs associated with both indoor and outdoor kennels shall
be cleaned at least daily (every 24 hours) to ensure they are free of any
accumulation of debris, excreta or disease hazard. They shall be sanitized and disinfected at
least bi-weekly, weather permitting, using only those disinfecting products
approved by a licensed veterinarian.
(4) Exercise
areas shall be cleaned at least daily (every 24 hours) to ensure they are free
of any accumulation of debris, excreta or disease hazard.
(b) The
primary enclosure and runs associated with that primary enclosure shall be
sanitized and disinfected after use prior to
being occupied by another animal. Exercise areas shall be sanitized and all
stools removed prior to the next group of dogs being exercised in that area.
(c) No dog shall be inside its
primary enclosure during the washing or sanitization of
that primary enclosure. The primary enclosure
shall be fully dry prior to putting the animal back in the run or primary
enclosure.
(d) Where
a closed drainage system is used, it must be equipped with traps to prevent the
backflow of gases and the backup of sewage into the housing facility. Drain
traps must be deep enough to prevent freezing of water in cold weather.
(e) Housing facilities and areas used to store food, medicine, bedding, chemicals, toxins or other substances within
the housing facility and in any food storage or food preparation area must
be free of any accumulation of trash, waste, garbage or other discarded
material unless contained within tamper resistant trash
containers that are manufactured
so that a dog cannot
open or destroy it, are leak proof and have tightly fitting lids.
(f) Establishments must have an effective program that
controls ingress by insects, ectoparasites and avian and mammalian pests (such
as fleas, ticks, mites and intestinal parasites).
(1) Evidence
of conditions that allow or encourage infestation in an
establishment is indicative of an ineffective program and unsanitary
environmental sanitation in the establishment.
(2) Mosquito
control measures shall be used in ditches and swampy areas in the vicinity of establishments requiring licensure.
(3) Disinfectants,
pesticides and disinfection procedures shall be
used only with the approval of a licensed veterinarian.
(a) Each
establishment shall have a relationship with a licensed veterinarian who shall be
the primary veterinarian for the establishment.
The primary veterinarian shall provide advice and guidance on the care
and treatment of the dogs in the establishment and on the routine maintenance
of the kennel to ensure a healthy environment. The primary veterinarian may function by
treating dogs at the establishment or by having the dogs brought from the
establishment to his or her location of practice.
(b) Each
dog shall be examined annually by a licensed veterinarian to determine the health
of the dog and shall be examined more frequently if needed to treat any
existing health problems. The primary
veterinarian shall establish a vaccination protocol of each animal in the
kennel in accordance with standard veterinary practices and considering the
health and age of the dog, either on a schedule recommended by the American
Veterinary Medical Association or the Pennsylvania Veterinary Medical
Association for dogs of high risk of exposure or based on titers that show
adequate protection against the diseases.
(1) To minimize the
potential spread of canine diseases, each
dog in an establishment shall be vaccinated, in an age appropriate manner, for
(i) rabies,
(ii) canine distemper,
(iii) canine adenovirus-2,
(iv) canine parvovirus-2,
(v) bordatella and
(vi) parainfluenza
(2) In areas where heartworm is declared to be endemic by the
Department, appropriate heartworm preventive medication shall be provided to
each dog.
(c) A State dog warden or other
employee of the Department entering or inspecting an establishment requiring licensure or entering onto
the premises of such establishment or of a person or individual dog owner or keeper for the
purpose of enforcing the act, shall visually observe the physical
condition of each dog sheltered
at the kennel or on the premises of the person or
individual.
(1) A dog sheltered at an establishment shall be free of infectious and
contagious diseases, and shall be in general good health. Dogs housed in
establishments organized under section 501(c)(3) of the Internal Revenue Code
that take in unwanted, stray or homeless dogs may keep animals having
infectious or contagious diseases if such dogs are provided with adequate
medical care and reasonable precautions are taken against spread of the
disease.
(2) A State dog warden or employee of the Department may order a veterinary
check on any dog that exhibits signs of an infectious or contagious disease,
parasites or the appearance of poor health.
(i) A veterinary
examination shall be required for that dog unless the kennel owner provides the State dog warden or
employee of the Department with proof that the dog has been seen by a veterinarian and is under
adequate veterinary care for the condition
noted.
(ii) When
a veterinary check is ordered, the establishment owner,
person or individual who is the owner or keeper of the dog shall provide the
Department, within 72 hours of the order, with proof that the veterinary check
has been carried out and with documentation concerning the veterinary
recommendation or protocol for treatment of the dog.
(iii) The
cost of the ordered veterinary examination shall be paid by the kennel owner if
it reveals any condition in the dog requiring treatment by a veterinarian.
(a) Complete records shall be kept on dogs
within an establishment requiring licensure or
being transported in a primary conveyance as prescribed by section 207 of the
act (3 P. S. § 459-207), and the records shall be kept at the establishment location or, when applicable, shall
accompany dogs being transported. Such record shall be kept for a period of two years.
(b) Establishments
requiring licensure shall maintain records as required by section 207 of
the act and §§ 21.14(a)(5)
(relating to kennel licensure provisions). Records shall be maintained
on forms issued or approved by the Department.
(c) Records shall be provided to the Department and to State dog
wardens upon request.
(d) The
records shall be subject to 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities).
§ 21.42. Bills of sale.
(a) Bills of sale required in section 210 of the act (3
P. S. § 459-210) shall accompany dogs at the kennel location and when
the dogs are being transported. It is the intent of this section that the bill
of sale can be immediately produced when requested by an employee of the Department or police
officer as defined by the act. Bills of sale must contain the following information:
* * * * *
(a)
General.
(1)
Every establishment
requiring a kennel license shall keep on a form provided by the Department, for at least 2
years, a record of each dog kept at any time kept in the kennel that either counts towards the cumulative total number of
dogs for any kennel other than a boarding kennel or that is included within the
total capacity of the kennel for boarding kennels.
(2)
The records must be legible and be open to inspection and may be copied
by any employee of the Department, State dog warden or police officer as
defined by the act.
(3)
The records shall be maintained in the main or
central location of the establishment controlling the dogs. The records must include the following information:
(i)
The call name, breed, color, markings, sex
and age of each dog. If the dog is microchipped or tattooed, the microchip number
or tattoo identification.
(ii)
The date on which each dog entered the kennel.
(iii)
The source where the dog came from.
The records must provide the following information:
(A) For
Kennel Class I--Kennel Class V licensed kennels, the following information:
(I) The
name of the person from whom
the dogs were acquired and the name of the kennel, if
obtained from a kennel.
(II) The
address of the previous owner and address of the kennel, if obtained from one
(III) The
(IV) The
name and address of the individual breeder of the dog, when applicable.
(V) Where applicable the name and address of the owner or
keeper of the dog
(B) For Boarding Kennel Class I--Boarding Kennel Class III and
Nonprofit kennel licensees any of the following which is applicable:
(I) The name, address and
dealer license number of
the licensed kennel from which the dog came, if
applicable.
(II) If
a stray dog found running at large or a rescued dog, the name and principle
address of the
organization, agency or person that last owned the dog,
if known,
and that of the
organization, agency or person delivering the dog to the kennel.
(iv) The name of the owner of the dog, if known.
(v) For what purpose each dog is kept in the kennel.
(vi)
The date on which each dog leaves the kennel.
(vii)
How and to whom the dog is transferred, including
the following information:
(A) When the dog is transferred to
another kennel:
(I) The name of the kennel and kennel owner to whom the dog was transferred.
(II) The
address of the kennel to which the dog was transferred.
(III)
The
number of the kennel to which
the dog is transferred.
(B) When the dog is transferred to a private individual, person, organization,
establishment, temporary home or other entity, the name and address of that
private individual, person, organization, establishment, temporary home or
other entity.
(viii) The
name, address and telephone number of the licensed doctor of veterinary
medicine used by the kennel as its primary veterinarian
as required in § 21.30(a).
(b) Health Records
(1) Each
dog of
sufficient age dealt with by the establishment shall have either a rabies
certificate signed by a veterinarian as required by the act (3. P.S. §455.8(a)) or the following information
required from owners of State-licensed private or breeding kennels and
operators of State-licensed nonprofit kennels who have been examined and
certified by the Department to administer rabies vaccines under the act (3. P.S. §455.8(b))
(i) The name, type, lot number, date of
purchase and date of administration of the rabies vaccine.
(ii) A detailed description of the animal
vaccinated.
(iii) The name, address and telephone number
of the person who administered the vaccine.
(2) Each dog of sufficient age dealt with
by the establishment shall have a record of the vaccinations provided to
it. The information maintained shall be
the same as that required by the act (3 P.S. §455.8(a)) for rabies certificates
administered by a licensed veterinarian or, if another person administers the
vaccination, the information required for rabies vaccinations administered by
those certified by the Department under the act (3. P.S. §455.8(b)).
(3) In addition to the
records required under section 207 of the Act and required by this chapter, every owner of an establishment
requiring licensure as a Breeding or Dealer kennel shall keep a record of the
following for each dog housed in the facility:
(i) Date, time and reason
for any medication administered to a dog
(ii) Date, time and reason
for any medical treatment administered to the dog.
(iii) Any accident or incident where the dog is
injured.
(iv) Dated
records of veterinary care or surgery for each dog including
written diagnosis by the primary or treating veterinarian as required.
(v) A veterinarian’s
order, which shall be in writing, or
voluntary protocol for vaccination, medication or other recommendation for
medical treatment of the dogs and the date of the dog’s last vaccination for
distemper, parvovirus and parainfluenze, or deworming .
All classes of individual dog licenses shall
be issued by the county treasurer beginning December 1 for the following
calendar year. All classes of kennel
licenses shall be issued by the Department beginning January 1 of the calendar
year for which the kennel license is valid.