Subchapter A. GENERAL PROVISIONS
Sec.
5.1. Definitions.
5.2. Purpose.
5.3. Statutory requirement for licensing.
5.4. Licensing of animal market representatives.
5.5. Posting of license.
5.6. Management, ownership and sale date changes.
5.7. Records.
5.8. Pelts or hides.
5.9. Transactions from trucks.
5.10. [Reserved].
5.11. [Reserved].§ 5.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Animal—A horse, mule, bull, steer, ox, cow, heifer, calf, swine, sheep or goat.
Animal market—A place approved by the Department other than the farm of origin where animals are offered for sale, barter or trade, on a public, private or commercial basis.
Breeding swine—Sexually intact domestic swine 6 months of age or over, sexually intact feral swine of all ages, and swine 5 months of age or younger selected for future production of offspring.
Department—The Department of Agriculture of the Commonwealth.
Feeder swine—Swine other than breeding swine or swine consigned or sold for slaughter and slaughtered within 3 days of date of sale.
Permit—A document issued by the Department or USDA-APHIS authorizing and establishing conditions under which a quarantined or diseased animal may be moved interstate or intrastate.
Poultry—Domestic or captive avian species which are subject to exposure to dangerous transmissible diseases, to include not only chickens and turkeys, but also waterfowl, game fowl, pigeons, parakeets, canaries, finches, parrots or other pet, wild or exotic birds and the hatching eggs of the avian species.
Pseudorabies—A contagious, infectious and communicable disease of animals caused by Herpesvirus suis, also known as Aujeszky’s disease, mad itch or infectious bulbar paralysis, that has been declared by the Department to be a dangerous transmissible disease.
Pseudorabies epidemiologist—A veterinarian designated by the Department or USDA-APHIS to investigate and diagnose suspected pseudorabies in animals.
Pseudorabies exposed animal—An animal that has been in contact with a pseudorabies infected animal. The term does not include an animal, other than swine, that has not been in contact with another animal with symptoms of pseudorabies for 10 consecutive days.
Pseudorabies infected animal—An animal determined to be infected with pseudorabies by a pseudorabies epidemiologist.
Pseudorabies restricted animal market—A quarantined animal market designated by the Department to conduct sales of animals originating from premises under Pennsylvania pseudorabies quarantine.
Recognized slaughter establishment—A slaughter establishment operated under the Federal Meat Inspection Act (21 U.S.C.A. § § 601—623, 641—645, 661, 671—680 and 691) or a State inspected slaughter establishment.
Slaughter market—An animal market approved by the Department for the sale of slaughter animals in accordance with this chapter and the act of June 22, 1931 (P. L. 650, No. 225) (3 P. S. § § 431—439), known as the Farm Animal Dealer or Broker Law.
USDA-APHIS—The United States Department of Agriculture, Animal and Plant Health Inspection Service.
Authority The provisions of this § 5.1 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. § 430); section 1702 of The Administrative Code of 1929 (71 P. S. § 442); and the Domestic Animal Law, 3 Pa.C.S. § § 2321(a)(12) and (38), 2327, 2329 and 2382.
Source The provisions of this § 5.1 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3098; amended July 15, 1977, effective July 16, 1977, 7 Pa.B. 1978; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688; amended April 11, 1997, effective April 12, 1997, 27 Pa.B. 1791. Immediately preceding text appears at serial pages (160913) to (160915).
§ 5.2. Purpose.
This chapter protects animals from dangerous transmissible disease.
Authority The provisions of this § 5.2 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. § 430); and section 1702 of The Administrative Code of 1929 (71 P. S. § 442).
Source The provisions of this § 5.2 amended August 6, 1976, effective August 7, 1976, 6 Pa.B. 1837; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial page (144208).
§ 5.3. Statutory requirement for licensing.
An animal market shall be licensed in accordance with the act of June 22, 1931 (P. L. 650, No. 225) (3 P. S. § § 431—439), known as the Farm Animal Dealer or Broker License Law.
Authority The provisions of this § 5.3 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. § 430); and section 1702 of The Administrative Code of 1929 (71 P. S. § 442).
Source The provisions of this § 5.3 amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial page (144208).
§ 5.4. Licensing of animal market representatives.
Representatives of an animal market whose duties include buying animals, soliciting business or working to increase the business of an animal market shall procure an agent’s license in accordance with the act of June 22, 1931 (P. L. 650, No. 225) (3 P. S. § § 431—439), known as Farm Animal Dealer or Broker License Law.
Authority The provisions of this § 5.4 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. § 430); and section 1702 of The Administrative Code of 1929 (71 P. S. § 442).
Source The provisions of this § 5.4 amended August 6, 1976, effective August 7, 1976, 6 Pa.B. 1837; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial page (144208).
§ 5.5. Posting of license.
The license for each animal market shall be posted in a conspicuous place on the premises.
Authority The provisions of this § 5.5 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. § 430); and section 1702 of The Administrative Code of 1929 (71 P. S. § 442).
Source The provisions of this § 5.5 amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial page (144209).
§ 5.6. Management, ownership and sale date changes.
Changes in the date of sale, ownership or management of an animal market shall be reported promptly to the Department.
Authority The provisions of this § 5.6 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. § 430); and section 1702 of The Administrative Code of 1929 (71 P. S. § 442).
Source The provisions of this § 5.6 amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial page (144209).
§ 5.7. Records.
The manager of each animal market shall:
(1) Keep on file for 2 years records covering name and address of consignor and purchaser, date of transaction, species, sex, breed, back tag number and sales tag number of every sale.
(2) Verify that each poultry consignor has an official flock registration number card or that the consignor has completed and signed an official flock registration application form before his shipment is offered for sale. The official flock registration application form can be obtained from Department agents prior to movement to auction premises or from auction managers.
Authority The provisions of this § 5.7 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. § 430); and section 1702 of The Administrative Code of 1929 (71 P. S. § 442).
Source The provisions of this § 5.7 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3098; amended July 15, 1977, effective July 16, 1977, 7 Pa.B. 1978; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial page (144209).
§ 5.8. Pelts or hides.
Buying, selling or storing hides and pelts is not permitted at an animal market.
Authority The provisions of this § 5.8 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. § 430); and section 1702 of The Administrative Code of 1929 (71 P. S. § 442).
Source The provisions of this § 5.8 amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial page (144209).
§ 5.9. Transactions from trucks.
Selling, bartering or trading of animals from trucks or other vehicles on animal markets property or along the public highways adjacent to an animal market is a violation of the act of April 17, 1929 (P. L. 533, No. 236) (3 P. S. § § 341—351), known as the Diseased Animal Quarantine Law, and is not permitted.
Authority The provisions of this § 5.9 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. § 430); and section 1702 of The Administrative Code of 1929 (71 P. S. § 442).
Source The provisions of this § 5.9 amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial page (144209).
§ 5.10. [Reserved].
Source The provisions of this § 5.10 reserved August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial page (144209).
§ 5.11. [Reserved].
Source The provisions of this § 5.11 reserved August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial page (144210).
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