Draft of Proposed Pennsylvania Kennel Regulations
CHAPTER 21. GENERAL PROVISIONS;
KENNELS;
LICENSURE; DOG-CAUSED DAMAGES
GENERAL PROVISIONS
Sec.
21.1. Definitions.
21.2. Scope.
21.3. Enforcement
and compliance.
21.4. Penalties.
21.5. [Reserved].
21.6. [Reserved].
21.7. [Reserved].
21.8. [Reserved].
21.9. [Reserved].
21.10. [Reserved].
21.11. [Reserved].
21.12. [Reserved].
KENNELS—PRIMARY ENCLOSURES
21.21. Dog
quarters.
21.22. Housing.
21.23. Space.
21.24. Shelters.
21.25. Temperature
control.
21.26. Ventilation
in indoor housing facilities.
21.27. Lighting
in indoor housing facilities.
21.28. Food,
water and bedding.
21.29. Sanitation.
21.30. Condition
of dog.
KENNELS—PRIMARY CONVEYANCES
21.31. General
requirements.
21.32. Food
and water.
21.33. Care
in transit.
KENNELS—RECORDS
21.41. General
requirements.
21.42. Bills
of sale.
21.43. Research
facilities reporting.
LICENSURE
21.51. Lifetime
dog license issuance.
21.52. Recordkeeping
for lifetime dog licenses.
21.53. Transfer
of lifetime dog licenses.
21.54. Dog
and kennel license issuance date.
21.55. [Reserved].
21.56. Profit
oriented dog control agencies.
21.57. Kennel
tags.
DOG-CAUSED DAMAGES
21.61. Conditions
and limitations for payments.
21.62. Appointment
of disinterested citizen.
Authority
The provisions of this Chapter 21 issued under the Dog Law (3 P. S. § § 459-101—459-1205), unless otherwise noted.
Source
The provisions of this Chapter 21 adopted April 1, 1966; amended October 11, 1985, effective October 12, 1985, 15 Pa. 3638, unless otherwise noted. Immediately preceding text appears at serial pages (1442) to (1447) and (38148).
Cross References
This chapter cited in 7 Pa. Code § 25.5 (relating to facilities and conditions); and 28 Pa. Code § 27.162 (relating to special requirements for animal bites).
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)).
Ambient temperature –
the air temperature surrounding the animal.
Attending veterinarian—A person who has graduated from a veterinary
school accredited by the American Veterinary Medical Association’s Council on
Education or has a Certificate issued by the American Veterinary Medical
Association’s Education Commission for Foreign Veterinary Graduates, and who is
either a licensed doctor of veterinary medicine in accordance with the
Veterinary Medicine Practice Act (63 P. S. § § 485.1—485.33) or the holder of a
valid temporary permit to practice veterinary medicine issued under authority of
that act, and who has received training or experience in the care and management
of dogs, and who is familiar with the relevant aspects of the kennel or kennel
procedures with respect to which that person renders an opinion.
Department—The Department of Agriculture of the Commonwealth.
Domestic fowl—Chickens, turkeys, ducks, geese and guinea fowl.
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.
Housing facility—Any land, premises, shed, barn, building, trailer,
house or other structure or area
housing or intended to house dogs.
Indoor housing facility – Any structure or building with environmental controls housing or intended to house animals and meeting all of the following requirements:
(1) Must be capable of controlling the temperature, humidity and odor levels within the building or structure within the limits set forth for in this chapter.
(2) Must be an enclosure created by the continuous connection of a roof, floor and walls (a shed or barn set on top of the ground does not have a continuous connection between the walls and the ground unless a foundation and floor are provided.
(3) Must have at least one
door for entry and exit that can be opened and closed (any windows or openings
which provide natural light must be covered with a transparent material such as
glass or hard plastic)
Licensed veterinarian—A licensed doctor of veterinary medicine as
defined in section 901-A of the act (3 P. S. § 459-901-A).
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 – Any structure,
building, land, or premises, housing or intended to house dogs, which does not
meet the definintion of any other type of housing facility provided in the
regulations, and in which temperatures cannot be controlled within set limits.
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.
Rest board—A waterproof [or water
resistant] platform that dogs may use to recline on, positioned off the
floor of the kennel.
Sanitize—To make physically clean and to remove and destroy, to a
practical minimum, 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.
Sheltered housing facility – A housing facility which provides the animals with shelter; protection from the elements; and protection from temperature extremes at all times. A sheltered housing facility may consist of runs or pens totally enclosed in a barn or building, or of connecting inside and outside runs or pens with the inside pens in a totally enclosed building.
Veterinary Medicine Practice Act—63 P. S. § § 485.1—485.35.
Authority
The provisions of this § 21.1 amended under sections 101 and 201 of the Dog Law (3 P. S. § § 459-101 and 459-201); and Articles II—IX-A of the Dog Law (3 P. S. § § 459-201—459-219, 459-301—459-305, 459-401, 459-402, 459-501, 459-502, 459-501-A—459-507-A, 459-601—459-603, 459-701—459-706, 459-801, 459-802, 459-901—459-907 and 459-901-A—459-911-A).
Source
The provisions of this § 21.1 amended through November 1, 1985, effective November 2, 1985, 15 Pa.B. 3928; amended January 12, 1996, effective April 12, 1996, 26 Pa.B. 161; amended March 14, 2003, effective March 15, 2003, 33 Pa.B. 1329; amended November 5, 2004, effective November 6, 2004, 34 Pa.B. 6031. Immediately preceding text appears at serial pages (296103) to (296104).
Cross References
This section cited in 7 Pa. Code § 21.51 (relating to lifetime dog license issuance).
§ 21.2. Scope.
The standards for operation of all classes of kennels in this Commonwealth are detailed in this chapter. These standards are in addition to requirements for kennels detailed in the act. Each type of kennel and the restrictive licensing fee are set forth in section 206 of the act (3 P. S. § 459-206).
Source
The provisions of this § 21.2 amended January 12, 1996, effective April 12, 1996, 26 Pa.B. 161. Immediately preceding text appears at serial page (103173).
§ 21.3. Enforcement and compliance.
Unless otherwise stated, only employes of the Department shall be 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.
*** (denotes no changes to this section)
§ 21.5. [Reserved].
§ 21.6. [Reserved].
§ 21.7. [Reserved].
§ 21.8. [Reserved].
§ 21.9. [Reserved].
§ 21.10. [Reserved].
§ 21.11. [Reserved].
§ 21.12. [Reserved].
§ 21.13. Contact information.
(a) The Department may be contacted at the following location:
The Department of Agriculture
Bureau of Dog Law Enforcement
2301 North Cameron Street, Room 102
Harrisburg, PA 17110-9408
Telephone Number: (717) 787-4833
(b) Additional information related to licensure, forms, regulatory provisions and general dog law information is available on the Department of Agriculture website at www.agriculture.state.pa.us. Upon entering the website go to Bureaus and then to Bureau of Dog Law Enforcement.
§ 21.14. Health Certificates.
A dog entering this Commonwealth from another state, commonwealth or country shall have a health certificate. No intermediate handler or carrier to whom any live dog is delivered for transportation by any dealer, research facility, broker, kennel or other person shall transport a live dog into this Commonwealth unless and until it is accompanied by a health certificate issued in accordance with this subsection. Any person, licensed kennel, establishment or other entity residing in this commonwealth and accepting or acquiring a dog from or through an interstate handler or carrier transporting such 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. 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), without a certificate of health prepared by a licensed doctor of veterinary medicine. The health certificate must have been issued not more than 10 days prior to the dog entering the Commonwealth. 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:
(1) The dog is at least 7 weeks of age.
(2) The dog shows no signs or symptoms of infectious or communicable disease.
(3) The dog did not originate within an area under quarantine for rabies.
(4) After reasonable investigation, the dog has not been exposed to rabies within 100 days of importation.
(5) 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)(which requires rabies vaccinations for all dogs over three months of age). The health certificate must show the vaccine manufacturer, the date of administration of the rabies vaccine and the rabies tag number.
KENNELS—PRIMARY ENCLOSURES
§ 21.21. Dog quarters.
(a) Indoor, sheltered and outdoor housing facilities for dogs shall be maintained in a manner to protect the dogs from injury, [and] to contain the dogs and to insure compliance with the sanitary and other health, safety and welfare provisions of this chapter.
(b) The interior building surfaces of all housing facilities, not including person’s private home where the dogs are not kept or confined in cages and where the private home itself is utilized as the primary enclosure, shall be constructed and maintained so that they are water [resistant] proof and may be readily sanitized. Outdoor housing facilities and any outdoor areas associated with a sheltered facility and holding dogs, shall be constructed in a manner to allow them to be readily sanitized, to supply the dogs housed therein with a relatively flat and level surface and a permanent area of shade other than the primary enclosure, to assure the dogs have a mud free area and to assure there is no standing or pooled water.
(c) Adequate drains or gutters, or both, shall be provided to rapidly eliminate excess water from both indoor and outdoor areas of all housing facilities. Where a person’s private home is utilized as the primary enclosure and the dogs are not contained in cages, proper cleaning to prevent urine and waste accumulation and sanitizing as set forth in these regulations shall suffice.
(d) Primary enclosures may not
be stacked more than two rows high and the bottom of the uppermost primary
enclosure may not be more than four and one-half (4’6”) feet off the kennel
floor. Where the primary enclosures are stacked a tray or other
department approved device which will prevent urine, feces and other
offal from passing into or being discharged into the underlying primary
enclosure shall be placed under the upper primary enclosures. The tray or
approved device must be impermeable to water and able to be easily
sanitized. Approval of the tray or other device may be obtained from the
State dog warden upon an inspection and will be in writing.
(e) All housing facilities for dogs shall be equipped with a smoke alarm. Indoor and sheltered housing facilities shall be equipped with a sprinkler system or have fire extinguishers on the premises. Outdoor housing facilities shall have fire extinguishers on the premises.
Source
The provisions of this § 21.21 amended January 12, 1996, effective April 12, 1996, 26 Pa.B. 161. Immediately preceding text appears at serial page (103174).
§ 21.22. Housing.
(a) Dogs that display ferocious or aggressive behavior shall be kept inaccessible to 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) Adult dogs shall be segregated by sex except for health, welfare or breeding reasons.
(d) Dogs that are not acclimated to the outdoor temperatures prevalent in the area or region where they are maintained, breeds of dogs that cannot tolerate the prevalent outdoor temperatures without stress or discomfort (such as short-haired breeds in cold climates), and sick, infirm, aged or young dogs may not be kept in outdoor facilities unless that practice is specifically approved by the attending veterinarian.
Source
The provisions of this § 21.22 amended January 12, 1996, effective April 12, 1996, 26 Pa.B. 161. Immediately preceding text appears at serial page (103174).
§ 21.23. Space.
(a) Primary enclosures shall 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.
(b) Each dog housed in a primary enclosure shall be provided with a minimum amount of floor space, which shall be calculated according to the following procedure:
(1) Measure the length of the dog, in inches, from the tip of its nose to the base of its tail.
(2) Add 6 inches to that number.
(3) Square that sum.
(4) Divide that product by 144.
(5) 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. Dividing that product by 144 (Step 4) gives a quotient of 6.25. 6.25 square feet is the minimum amount of floor space which must be provided to that particular dog.
(c) 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 attending 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 attending veterinarian.
(d) 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.
(e) Subsections (b) and (c) do not apply if all of the following conditions are met:
(1) The dog is located in a kennel that is licensed under the act solely as a pet shop-kennel Class I, II, III or IV.
(2) The dog is being offered for sale on a retail basis, or has been sold and is awaiting physical transfer to its new owner.
(3) The dog is maintained in a primary enclosure that keeps the dog on display to patrons of the pet shop-kennel during its normal business hours.
(4) The primary enclosure meets one of the following conditions:
(i) Affords each dog sheltered therein at least 5 square feet for a dog weighing 25 pounds or less, 8 square feet for a dog weighing more than 25 pounds but not more than 45 pounds, and 12 square feet for a dog weighing more than 45 pounds.
(ii) Has been approved by the attending veterinarian, in advance and in writing, as being of adequate size to protect the health and well-being of the particular dog or dogs sheltered therein.
Source
The provisions of this § 21.23 amended January 12, 1996, effective April 12, 1996, 26 Pa.B. 161. Immediately preceding text appears at serial page (140185).
§ 21.24. Shelters.
(a) All [D]dogs, whether housed in an indoor, sheltered or outdoor housing facility, shall be provided access to shelter which protects them against inclement weather, preserves their body heat and keeps them dry. Housing facilities for dogs shall be constructed to provide for the health, safety, welfare and comfort of the [animals] dogs.
(b) Indoor housing facilities.
(1) Indoor housing facilities shall be sufficiently lighted, heated, cooled and ventilated, as set forth at sections 21.25, 21.26 and 21.27 of this chapter.
(2) Clean and dry bedding must be provided when the ambient temperature of the housing facility is below 50 degrees Fahrenheit.
(c) Sheltered housing facilities.
(1) The sheltered part of sheltered housing facilities shall be sufficiently lighted, heated, cooled and ventilated, as set forth at sections 21.25, 21.26 and 21.27 of this chapter.
(2) Dogs in sheltered housing facilities must be provided with adequate
shelter from the elements at all times to protect their health and welfare. The housing facility must be constructed so as to provide the dogs with protection and shelter from the cold and heat and with protection from the direct rays of the sun and the direct effect of wind, rain or snow.
(3) Shelter structures or primary enclosures shall provide the dog with a draft free
area and be large enough to meet the space requirements of this chapter.
(4) Clean and dry bedding must be provided when the ambient temperature in the sheltered part of the facility falls below 50 degrees Fahrenheit.
(5) Auxiliary ventilation, such as fans, blowers or air-conditioning, must be provided when the ambient temperature is 85 degrees Fahrenheit or higher.
(d) Outdoor housing facilities. [Shelter shall be provided for dogs kept outdoors. Sufficient clean bedding material or other means of protection from the weather shall be provided.]
(1) Dogs in outdoor housing facilities shall be provided with one or more shelter structures or primary enclosures that are accessible to each animal in each outdoor facility, and shall be large enough to meet the space requirements of this chapter.
(2) Dogs in outdoor facilities shall be provided at least one area of shade other than the shelter structure or primary enclosure itself shall be provided. The area of shade shall meet the following criteria:
(i) Be constructed as a permanent fixture. A tarp may not be considered a permanent fixture.
(ii) Be immediately outside the shelter structure or primary enclosure to assure the dog has a mud and water free area in which to stay dry before entering the shelter structure or primary enclosure.
(iii) Be constructed in a manner to be large enough to contain all of the dogs housed in that area at one time and provide them with a permanent area of shade, protection from the direct rays of the sun and from the direct effect of wind, rain and snow.
(iv) Be large enough to allow all the dogs housed in that area at one time to sit, stand and lie in a normal manner and to turn about freely.
(3) Dogs housed in outdoor facilities shall be provided with a reasonably flat and level surface, with enough slope to allow for proper drainage. Drainage must be away from the shelter structure or primary enclosure and away from any adjacent shelter structure or primary enclosure and must assure the urine and feces from one area housing a dog or dogs does not drain into any other area housing a dog or dogs.
(4) The shelter structure or primary enclosure for a dog housed in an outdoor facility must be impervious to moisture and provide the dog with a draft free area, have dry and clean bedding material when the temperature is below 50 degrees Fahrenheit and be constructed in a manner to assure the dog can maintain its body heat. Additional, clean, dry bedding material is required when the temperature is 35 degrees Fahrenheit or lower.
(5) The shelter structure or primary enclosure must contain a roof, four sides and a floor and meet the following requirements:
(i) Provide the dogs with protection and shelter from the cold and heat.
(ii) Provide the dogs with protection from the direct rays of the sun and the direct effect of wind, rain or snow.
(iii) Provide for a wind break and rain break at the entrance.
(6) Outdoor housing facilities must be fenced and be constructed to minimize the chance of escape of the dogs housed in the outdoor facility and ingress of vermin, animals and other vectors of disease.
(7) Weeds and high grass shall be cut back from the outside of the fence or other areas containing the dogs to a distance of 5 feet to help prevent tick, flea and other parasite infestation.
([c] e) Tethering of dogs. [If dog houses with tethers are used as primary enclosures for dogs kept outdoors, the tethers used shall be placed or attached so that they cannot become entangled with other objects or come into physical contact with other dogs in the housing facility, and to allow the dog to roam to the full range of the tether. The tether shall be of a type commonly used for the size dog involved and shall be attached to the dog by means of a well-fitted collar that will not cause trauma or injury to the dog. The tether shall be at least three times the length of the dog as measured from the tip of its nose to the base of its tail and allow the dog convenient access to the dog house and food or water container.] Dogs may not be tethered as a means of primary enclosure. Both the temporary and permanent tethering of dogs is prohibited as a means of primary enclosure.
([d] f) Primary enclosures with metal strand flooring. The following requirements are in addition to, not in place, of any other applicable requirements of this chapter. A dog may be sheltered in a primary enclosure having metal strand flooring provided the following conditions are met:
(1) The metal strand flooring is coated with a vinyl type coating.
(2) The coated metal strand flooring shall be kept in good repair.
(3) The coated metal strand flooring shall be made of mesh construction that does not allow the dog’s feet to pass through any opening in the floor and does not otherwise cause injury to the dog.
(4) The coated metal strand flooring shall be constructed of sufficient diameter (gauge) to provide a completely rigid floor area sufficient to support the weight of dogs housed in the enclosure so that the metal strand floor does not bend or sag from the weight of the dogs.
(5) The dogs shall be provided with a draft free area that protects the dogs from inclement weather and is large enough to hold all the occupants of the primary enclosure at the same time comfortably.
[(e)] (6) [Coated metal strand flooring shall be installed by June 29, 2001. Coated metal strand flooring shall be installed prior to the removal of a solid resting surface. If a] A solid resting surface or rest board [is] shall be provided for dogs over 12 weeks of age[,]. The solid resting surface or rest board shall be constructed of material that is impervious to water or moisture and shall be kept in a sanitary condition in accordance with § 21.29 (relating to sanitation).
(7) The primary enclosures shall not
be stacked more than two rows high and the bottom of the uppermost primary
enclosure may not be more than four and one-half (4’ 6”) feet off the kennel
floor. Where the primary enclosures are stacked a tray or other
department approved device which will prevent urine, feces and other
offal from passing into or being discharged into the underlying primary
enclosure shall be placed under the upper primary enclosures. The tray or
approved device must be impermeable to water and able to be easily
sanitized. Approval of the tray or other device may be obtained from the
State dog warden upon an inspection and will be in writing.
([f]g) A dog may not be housed on a temporary or permanent basis in a drum or barrel dog house, regard-less 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.
Source
The provisions of this § 21.24 amended January 12, 1996, effective April 12, 1996, 26 Pa.B. 161; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1682. Immediately preceding text appears at serial page (209437).
§ 21.25. Temperature control.
(a) The kennel temperature shall be maintained, for each type of housing facility, as set forth in section 21.24, at a level to protect the health and comfort of the type of dogs housed.
(b) Shade shall be provided, in each type of housing facility, as set forth in section 21.24, to protect the dogs from the direct rays of the sun.
§ 21.26. Ventilation in indoor housing facilities.
Indoor housing facilities for dogs shall be sufficiently ventilated when dogs are present to minimize drafts, odors, ammonia levels and moisture condensation. Ventilation shall be provided by means of windows, doors, vents or air conditioners. Auxiliary ventilation from fans, blowers or air conditioners shall be provided when the ambient temperature is 85° F (29.5° C) or higher. The relative humidity shall be maintained at a level that ensures the health and well-being of the dog housed therein in accordance with generally accepted husbandry practices.
Source
The provisions of this § 21.26 amended January 12, 1996, effective April 12, 1996, 26 Pa.B. 161. Immediately preceding text appears at serial page (140186).
§ 21.27. Lighting in indoor housing facilities.
Indoor housing facilities in kennels shall have ample lighting by natural or artificial means. Lighting in indoor housing facilities shall be sufficient to allow observation of the physical condition of the dogs so housed, and to allow observation of the sanitary condition of the indoor housing facility. Dogs housed in these facilities shall be provided a regular diurnal lighting cycle.
Source
The provisions of this § 21.27 amended January 12, 1996, effective April 12, 1996, 26 Pa.B. 161. Immediately preceding text appears at serial page (140186).
§ 21.28. Food, water [and] bedding and medical or husbandry supplies.
(a) Dogs kept in kennels shall be fed at least once each day unless otherwise directed by a veterinarian. The food shall be free from contamination or disease, and shall be of sufficient quantity and nutritive value to maintain the health of the dogs.
(b) [If potable water is not accessible to the dogs in their primary enclosures, potable fluids shall be offered to the dogs at least 6 hours daily] Potable water for drinking shall be accessible to dogs at all times, unless otherwise directed by a veterinarian. Where water is removed, the kennel operator shall immediately provide new potable water to the dog. The housing facility must have and be equipped to provide potable water for all the dogs' drinking needs and for all other animal husbandry requirements. 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.
(c) Food and water receptacles shall be accessible to dogs kept in the kennel and shall be located to avoid contamination by excreta and pests and protected from rain and snow. The receptacles shall be durable and shall be kept clean. Self-feeders may be used for feeding of dry food and self-waterers may be used but both shall be cleaned daily and sanitized regularly to prevent molding, deterioration or caking of feed.
(d) If bedding is used in primary enclosures, it shall be kept clean and dry and replaced when soiled with urine or feces.
(e) Supplies of food and bedding shall be kept in a building or permanent structure which assures they are kept dry and prevents contamination and vectors of disease. Open supplies of food or bedding shall be kept in leak proof containers with tightly fitting lids to prevent contamination, vermin infestation and spoilage.
(f) Substances that are toxic to dogs, including medicines, chemicals and those substances necessary for normal animal husbandry practices, may not be stored in food storage or preparation areas. Those substances may be stored in the animal areas of the housing facility, but only if they are contained in cabinets or in some other secure manner, such as containers which are manufactured so as to not be accessible to or destructible by a dog and that prevents inadvertent or accidental contact with the dogs.
Source
The provisions of this § 21.28 amended January 12, 1996, effective April 12, 1996, 26 Pa.B. 161. Immediately preceding text appears at serial page (140186).
§ 21.29. Sanitation.
(a) Excreta and food waste shall be removed from the primary enclosure, including any floor area or ground surface beneath the primary enclosure, on a daily basis.
(b) Primary enclosures for dogs shall be [sanitized] cleaned a minimum of once daily, and as often as is necessary to prevent an accumulation of debris or excreta or a disease hazard. A dog may not be placed in a primary enclosure previously occupied nor may food or water bowls be used by another dog unless the enclosure or food or water bowls or all of the above has been sanitized in a manner as set forth in subsection (e) of this section.
(c) The trays or pans under primary enclosures with coated metal strand flooring and the ground areas under raised runs with coated metal strand flooring must be cleaned on a daily basis to prevent the accumulation of feces and food waste and shall be sanitized at least once a week in the manner set forth in subsection (e) of this section.
(d) When steam or water is used to clean or sanitize the primary enclosure, whether by hosing, flushing, or other methods, the dogs shall be removed. Standing water must be removed from the primary enclosure and the primary enclosure shall be dry prior to placing the dog back in such enclosure. Animals in other primary enclosures must be protected from being contaminated with the water and other wastes during the cleaning.
(e) Primary enclosures and food and water receptacles (other than self-waterers or self feeders) shall be sanitized at least once every 2 weeks, and more often if necessary to prevent an accumulation of dirt, debris, food waste, excreta and other disease hazards, using one of the following methods:
(1) Live steam under pressure.
(2) Washing with hot water (at least 180 degrees Fahrenheit) and soap or detergent, as with a mechanical cage washer.
(3) Washing all soiled surfaces with appropriate detergent solutions and disinfectants, or by using a combination detergent/disinfectant product that accomplishes the same purpose, with a thorough cleaning of the surfaces so as to remove organic material and mineral buildup, and to provide sanitation, followed by a clean water rinse.
(4) Pens, runs, and outdoor housing areas using materials, such as gravel, sand, grass, earth or absorbent bedding, that cannot be sanitized using the methods provided in subparts (1)-(3) of this subsection, must be sanitized by removing the contaminated material as necessary to prevent odors, diseases, pests, insects and vermin infestation.
([c]f) The premises where housing facilities are located, including the buildings and surrounding grounds of kennels shall be maintained, kept clean and in good repair to protect the animal from injury and to facilitate the husbandry practices required by this chapter and to reduce or eliminate breeding and living areas for rodents and other pests and vermin. Premises must be kept free of accumulations of trash, junk, waste products and discarded matter. Weeds, grasses and bushes must be controlled so as to facilitate cleaning of the premises and pest control, and to protect the health and well-being of the dogs.
(g) Kennels shall have an effective program that controls ingress by insects, ectoparasites and avian and mammalian pests. Evidence of insects, ectoparasites and avian and mammalian pests or conditions that would allow or encourage infestation in a kennel are indicative of an ineffective program and unsanitary environmental sanitation in the kennel.
Source
The provisions of this § 21.29 amended January 12, 1996, effective April 12, 1996, 26 Pa.B. 161. Immediately preceding text appears at serial page (140186).
Cross References
This section cited in 7 Pa. Code § 21.24 (relating to shelters); and 7 Pa. Code § 21.31 (relating to general requirements).
§ 21.30. Condition of dog.
An employee of the Department may visually observe the physical condition of a dog sheltered at a kennel. A dog sheltered at a kennel shall be free of infectious and contagious diseases, and shall be in general good health. If a dog exhibits signs of poor health, the kennel owner shall have proof of adequate veterinary care for the dog.
*** No Changes have been made to the sections following this provision. Some additional changes may be made to those sections once we know the final language of the Statutory changes that will affect those sections.
