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PA Bulletin, Doc. No. 04-1993

RULES AND REGULATIONS

Title 7--AGRICULTURE

DEPARTMENT OF AGRICULTURE

[7 PA. CODE CH. 21]

Lifetime Licensure of Dogs

[34 Pa.B. 6019]

   The Department of Agriculture (Department), under the Dog Law (3 P. S. §§ 459-101--459-1205), adopts amendments to §§ 21.1 and 21.51 (relating to definitions; and lifetime dog license issuance). This final-omitted rulemaking is made under a suggestion from the Independent Regulatory Review Commission (IRRC) to toll the regulations delivered on September 1, 2004, to IRRC, the House and Senate Agriculture and Rural Affairs Committees (Committees) and the Office of Attorney General to add clarifying language to § 21.51(e)(6). Subsection (e)(6) has been modified to contain language that is consistent with the language and approach taken by the Department in § 21.51(c) and (e)(1) and (5). The language also provides flexibility if the State Board of Veterinary Medicine (Board), through its regulations, authorizes a person other than a licensed veterinarian to implant microchips. The modified language is contained in the first sentence of § 21.51(e)(6). Although it still references a veterinarian, it now contains language that would allow any other person authorized by the Veterinary Medicine Practice Act (63 P. S. §§ 485.1--485.35) and the regulations promulgated thereunder to implant a microchip. This change is consistent with and within the scope of the recommendation suggested by IRRC. In addition, the Department modified language contained in sentences three and four of § 21.51(e)(6). The modified language is the same as set forth in the first sentence of § 21.51(e)(6) and serves to further clarify the intent of this subsection.

Authority

   The Department has the power and authority to amend and adopt these regulations. This authority includes:

   (1)  The general duty to implement the policy set forth in section 101 of the act (3 P. S. § 459-101), which states this is an act ''. . . relating to dogs, regulating the keeping of dogs; providing for the licensing of dogs . . . providing for the abandonment of animals'' and ''providing for . . . liability of the owner of keeper of dogs for such damages.'' The Department has a duty to assure the proper and humane licensure of dogs, to allow for the proper identification of dogs and a means by which a person may obtain reimbursement for certain dog-caused damages.

   (2)  The specific authority conferred by section 201 of the act (3 P. S. § 459-201) which bestows upon the Department the power to promulgate regulations regarding the lifetime licensure of dogs.

Need for the Amended Regulation and Reason for Submission as Final-Omitted

   Public notice of intention to amend the lifetime licensure regulations under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(2)), known as the Commonwealth Documents Law (CDL), has been omitted as authorized under section 204(1) of the CDL (45 P. S. § 1204(1)), because the Department finds these procedures under the circumstances unnecessary because the amendments pertain to topics where comments from the public are not appropriate, necessary or beneficial.

   The current lifetime licensure regulations of the Department are in direct conflict with the statutory provisions of the Veterinary Medicine Practice Act and therefore, must be amended. The Department is submitting the amended lifetime licensure regulations as a final-omitted rulemaking because the regulatory amendments are pursuant to a statutory amendment to the Veterinary Medicine Practice Act, which makes provisions of the current lifetime licensure regulations illegal. Therefore, this final-omitted rulemaking pertains to topics where comments from the public are not appropriate, necessary or beneficial.

   The current lifetime licensure regulations in § 21.51 were published at 33 Pa.B. 1329 (March 15, 2003). The regulations were previously amended to effectuate amendments to the act, which became effective December 11, 1996. The amendments included changes to the licenses, tags and kennels provisions in sections 200--219 of the act (3 P. S. §§ 459-200--459-219), which contain the lifetime license provisions in section 201(b) of the act. The amendments to the act expanded the type of permanent identification means that could be utilized in conjunction with a lifetime license to include a microchip. The current lifetime licensure regulations allow the use of a microchip or a tattoo as a permanent means of identification, set forth who my apply a tattoo or implant of a microchip and delineate the procedure for obtaining a lifetime license. The regulations state that a tattoo '' . . . shall be applied by a licensed veterinarian'' (§ 21.51(d)(5)) and allow a microchip to be implanted by a licensed veterinarian or licensed kennel owner (§ 21.51(e)(1)). This language is now in direct opposition to provisions of the Veterinary Medicine Practice Act.

   The Veterinary Medicine Practice Act was amended on December 9, 2002, and became effective 60 days later. The pertinent amendment to the Veterinary Medicine Practice Act involved changing the definition of the ''practice of veterinary medicine'' to specifically include implanting '' . . . electronic identification, as determined by the board, upon any animal . . . .'' See section 3(10)(viii) of the Veterinary Medicine Practice Act (63 P. S. § 485.3(10)(viii)). The Department, upon learning of the amendment, requested that the Board inform the Department as to whether a microchip constituted electronic identification,''as determined by the board.'' In addition, the Department sought clarification as to whether a tattoo fell under the definition of the ''practice of veterinary medicine.'' The Board responded that a microchip was electronic identification and the practice of implantation of a microchip was the ''practice of veterinary medicine'' and that application of a tattoo did not fall under the definition of the ''practice of veterinary medicine.''

   Given this information the current lifetime licensure regulations of the Department are in direct conflict with the statutory provisions of the Veterinary Medicine Practice Act and therefore, must be amended. This final-omitted rulemaking revises § 21.1 to include a citation for the Veterinary Medicine Practice Act and makes changes to § 21.51 that remove the mandate that only a licensed veterinarian may tattoo a dog and impose the restriction that a microchip must be implanted in a dog in a manner that is consistent with the provisions of the Veterinary Medicine Practice Act and its attendant regulations.

   In the interest of continuing to carry out the policy of the act, which is to assure the health, safety and humane treatment of dogs, and to assure the regulations are consistent with the act and the Veterinary Medicine Practice Act, the Department has amended §§ 21.1 and 21.51, to effectuate the changes.

Comments

   Although these regulations are being submitted as a final-omitted rulemaking, the Department under section 902 of the act (3 P. S. § 459-902), held a public hearing on May 24, 2004. Notice of the public hearing was published at 34 Pa.B. 2576 (May 15, 2004). In addition, members of the Dog Law Advisory Board, the Executive Directors of the Committees and other known interested parties, such as those who regularly attend public meetings of the Dog Law Advisory Board, were notified by regular mail. An official record of the public is available for public inspection.

   The Department received four written comments regarding the final-omitted rulemaking and three persons presented testimony at the public hearing. All of the comments and testimony were in support of the changes. The only minor change made, based on a discussion with Counsel to the Board, was to include a reference to the regulations promulgated under the Veterinary Medicine Practice Act.

Fiscal Impact

Commonwealth

   The final-omitted rulemaking will impose minimal costs and have minimal fiscal impact upon the Commonwealth. The changes will not increase or decrease the regulatory workload. The changes do not increase the scope of the regulations or the duties of the Department.

Political Subdivisions

   The final-omitted rulemaking will impose no additional costs and have no fiscal impact upon political subdivisions. The changes merely set forth the requirement that microchips be inserted into a dog in a manner consistent with the provisions of the Veterinary Medicine Practice Act and remove the previous restriction requiring a veterinarian to administer a tattoo. The Department will be able to provide licensing agents with any additional information or training material necessary to clarify the provisions of the Veterinary Medicine Practice Act.

Private Sector

   The final-omitted rulemaking may impose an increased cost with regard to implantation of a microchip, however the Veterinary Medicine Practice Act does provide an exemption, which allows the owner of a dog to implant a microchip in his own dog. The change removing the requirement that a veterinarian apply a tattoo will actually reduce the cost of applying a tattoo and allow more persons to profit. Furthermore, purchasing a lifetime license is voluntary and the regulations endeavor to streamline and provide as much flexibility to the process as is possible.

General Public

   The final-omitted rulemaking will impose no additional costs and have no fiscal impact on the general public. The final-omitted rulemaking may impose an increased cost with regard to implantation of a microchip, however the Veterinary Medicine Practice Act does provide an exemption, which allows the owner of a dog to implant a microchip in his own dog. The change removing the requirement that a veterinarian apply a tattoo will actually reduce the cost of applying a tattoo as a permanent means of identification. Once again, purchasing a lifetime license is voluntary and the regulations endeavor to streamline and provide as much flexibility to the process as is possible.

Paperwork Requirements

   The final-omitted rulemaking will not result in any appreciable increase in paperwork.

Contact Person

   Further information is available by contacting the Department of Agriculture, Bureau of Dog Law Enforcement, 2301 North Cameron Street, Harrisburg, PA 17110-9408; Attn: Rick Burd (717) 787-4833.

Regulatory Review

   Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on September 1, 2004, the Department submitted a copy of this rulemaking with proposed rulemaking omitted to IRRC and to the Chairpersons of the Committees. On the same date, the final-omitted rulemaking was submitted to the Office of Attorney General for review and approval as provided in Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).

   In accordance with section 5a(j.1) of the Regulatory Review Act, the final-omitted rulemaking was deemed approved by the Committees on October 6, 2004, and was approved by IRRC on October 7, 2004.

Findings

   The Department finds that:

   (1)  Public notice of intention to amend the lifetime licensure regulations by this order under the procedures specified by sections 201 and 202 of the CDL has been omitted under the authority contained in section 204(1) of the CDL because the final-omitted rulemaking pertains to topics where comments from the public are not appropriate, necessary or beneficial. The current lifetime licensure regulations of the Department are in direct conflict with the statutory provisions of the Veterinary Medicine Practice Act pertaining to the practice of veterinarian medicine and therefore, must be amended.

   (2)  The final-omitted rulemaking, in the manner provided in this order, is necessary and appropriate for the proper administration of its authorizing statute and to assure there is no conflict with another Commonwealth statute pertaining to the practice of veterinarian medicine.

   (3)  The modifications that were made to these regulations are intended to bring them into compliance with the provisions of the Veterinary Medicine Practice Act and its attendant regulations and do not increase the scope of the regulations.

Order

   The Department, acting under authority of the authorizing statute, orders the following:

   (1)  The regulations of the Department, 7 Pa. Code Chapter 21, are amended by amending §§ 21.1 and 21.51 to read as set forth in Annex A.

   (2)  The Secretary of Department shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General for review and approval as to legality and form, as required by law.

   (3)  The Secretary of Agriculture shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (4)  This order shall take effect upon publication in the Pennsylvania Bulletin.

DENNIS C WOLFF,   
Secretary

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 34 Pa.B. 5859 (October 23, 2004).)

   Fiscal Note: 2-146. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 7. AGRICULTURE

PART II. DOG LAW ENFORCEMENT BUREAU

CHAPTER 21. GENERAL PROVISIONS; KENNELS; LICENSURE; DOG-CAUSED DAMAGES

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)).

   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 or other structure or area housing or intended to house dogs.

   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.

   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.

   Veterinary Medicine Practice Act--63 P. S. §§ 485.1--485.35.

LICENSURE

§ 21.51. Lifetime dog license issuance.

   (a)  Eligibility. The owner of a dog 3 months of age or older may apply to the county treasurer or agent, on a form prescribed by the Department for a lifetime license.

   (b)  Lifetime license requirement. A lifetime license shall consist of the following:

   (1)  A lifetime license number issued by the county treasurer or agent and a tag bearing that lifetime license number.

   (2)  A tattoo or microchip permanently identifying the dog.

   (c)  Permanent identification requirement. A person applying for a lifetime license shall choose either a tattoo or the implantation of a microchip as the means of permanent identification for the dog. The person applying for a lifetime license is responsible for having the dog tattooed or a microchip implanted to permanently identify the dog. Application of a tattoo or implantation of a microchip must be done in a manner consistent with the Veterinary Medicine Practice Act and 49 Pa. Code Chapter 31 (relating to State Board of Veterinary Medicince).

   (d)  Tattoo as permanent identification. If the applicant chooses to have the dog tattooed as a means of permanent identification, the following rules and procedures apply:

   (1)  Prior to having the dog tattooed, the dog owner shall obtain and complete a lifetime license application from the county treasurer or agent of his respective county. The dog owner shall obtain and complete the lifetime license application in person or by mail and shall return the completed lifetime license application to the county treasurer or agent. The dog owner shall include the appropriate fees, set forth on the lifetime license application and in sections 200(b) and 201(b) of the act (3 P. S. § § 459-200(b) and 459-201(b)), with the completed lifetime license application.

   (2)  Upon receipt of a completed lifetime license application the county treasurer or agent shall follow the procedures in subsection (g). If the lifetime license application is determined to be complete, the county treasurer or agent shall issue a lifetime license number as set forth in subsection (g) and issue a verification of permanent identification form, prescribed by the Department.

   (3)  Upon receiving the lifetime license number and verification of permanent identification form issued by the county treasurer or agent, the dog owner shall have the dog tattooed in accordance with this chapter.

   (4)  The tattoo number applied to the dog must be the same number as the lifetime license number issued by the county treasurer or agent.

   (5)  The tattoo must be applied on the right hind leg on the inner part of the upper thigh of the dog. The dog owner may have the letters ''PA'' tattooed on the dog immediately preceding the tattoo number.

   (6)  The dog owner and the person applying the tattoo shall complete, date and sign the verification of permanent identification form for the dog receiving the tattoo and return it to the county treasurer or agent that issued the lifetime license number and tag. The verification of permanent identification form must set forth the exact number tattooed on the dog, identify the dog by breed and delineate the dog's age, sex, color and markings and whether the dog has been spayed or neutered. In addition, it must contain the name, address and phone number of the dog's owner and the name, address and phone number of the person applying the tattoo.

   (7)  The dog owner shall have 30 days from receipt of a lifetime license number and verification of permanent identification form to have the dog tattooed and return the verification of permanent identification form to the county treasurer or agent that issued the lifetime license number.

   (8)  Upon receiving the completed verification of permanent identification form, the county treasurer or agent shall issue the lifetime license and tag to the dog owner.

   (9)  A dog owner who fails to have the dog tattooed and return the completed verification of permanent identification form to the issuing county treasurer or agent within 30 days after receiving a lifetime license number and verification of permanent identification form shall be in violation of the licensure provisions of the act and this chapter and subject to the penalties prescribed therein. In addition, the lifetime license number and tag shall be void. The issuing county treasurer or agent shall return the lifetime license fee to the dog owner and record and report the noncompliance to the Department as set forth in § 21.52 (relating to recordkeeping for lifetime dog licenses). The issuing county treasurer and, if applicable, the agent shall retain the applicable issuance fees, set forth in section 200(b) of the act.

   (e)  Microchip as permanent identification. If the applicant chooses to have a microchip implanted in the dog as a means of permanent identification, the following rules and procedures apply:

   (1)  The dog owner shall have a microchip implanted in the dog in a manner consistent with the Veterinary Medicine Practice Act and 49 Pa. Code Chapter 31 (relating to State Board Veterinary Medicine). The microchip implanted shall be of a type consistent with the definition of ''microchip'' in § 21.1 (relating to definitions) and shall be implanted in accordance with the manufacturer's specifications.

   (2)  The dog owner shall obtain and complete both a lifetime license application and a verification of permanent identification form prescribed by the Department.

   (3)  The dog owner shall obtain a lifetime license application from the county treasurer or agent of his respective county. The dog owner may obtain the lifetime license application in person or by mail.

   (4)  The lifetime license application may be obtained and completed either prior to or after implantation of a microchip in the dog. The application and a verification of permanent identification form must be completed and signed prior to the issuance of a lifetime license and tag. The final packet submitted by the dog owner to the county treasurer or agent must contain the properly completed lifetime license application and verification of permanent identification form and the appropriate fees, set forth on the lifetime license application and in sections 200(b) and 201(b) of the act.

   (5)  If the dog owner obtains a lifetime license application prior to having a microchip implanted in the dog, the dog owner may request and the county treasurer or agent shall issue a verification of permanent identification form along with the lifetime license application. If the dog owner has not yet applied for a lifetime license prior to implantation of the microchip, the licensed veterinarian implanting the microchip shall supply the verification of permanent identification form. A licensed veterinarian shall obtain the verification form from the Department. When the dog owner, consistent with the provisions of the Veterinary Medicine Practice Act and 49 Pa. Code Chapter 31, personally implants the microchip in his own dog the dog owner may obtain the verification of permanent identification form from the county treasurer or agent and shall fill out the required information.

   (6)  The dog owner and when the dog owner does not implant the microchip himself but, instead has a licensed veterinarian or person authorized to implant a microchip consistent with the Veterinary Medicine Practice Act and 49 Pa. Code Chapter 31 implant the microchip, the licensed veterinarian shall complete, date and sign the verification of permanent identification form for the dog in which the microchip is implanted. The completed verification of permanent identification form must set forth the identifying number of the microchip implanted, identify the dog by breed and delineate the dog's age, sex, color and markings and whether the dog has been spayed or neutered. In addition, it shall contain the name, address and phone number of the dog's owner and when a licensed veterinarian or person authorized to implant a microchip consistent with the Veterinary Medicine Practice Act and 49 Pa. Code Chapter 31 has implanted the microchip, the name, business address and phone number of the licensed veterinarian. If a licensed veterinarian or person authorized to implant a microchip consistent with the Veterinary Medicine Practice Act and 49 Pa. Code Chapter 31 implants the microchip, the licensed veterinarian shall set forth his veterinary practice license number on the verification of permanent identification form.

   (7)  The dog owner shall complete the lifetime license application and take or mail the completed lifetime license application and verification of permanent identification form to the county treasurer or agent of his respective county.

   (8)  Upon receiving a properly completed lifetime license application and verification of permanent identification form, as well as the appropriate fees, as set forth on the lifetime license application and in sections 200(b) and 201(b) of the act, the county treasurer or agent shall issue a lifetime license number and tag as set forth in subsection (g).

   (9)  A dog owner who fails to have the dog microchipped and return the completed verification of permanent identification form to the issuing county treasurer or agent within 30 days after receiving a lifetime license number and verification of permanent identification form shall be in violation of the licensure provisions of the act and this chapter and subject to the penalties prescribed therein. In addition, the lifetime license number and tag shall be void. The issuing county treasurer or agent shall return the lifetime license fee to the dog owner and record and report the noncompliance to the Department as set forth in § 21.52. The issuing county treasurer and, if applicable, the agent shall retain the applicable issuance fees, set forth in section 200(b) of the act.

   (f)  Dog previously microchipped. If a person has already had a microchip implanted in his dog and seeks to obtain a lifetime license for the dog, the applicant is not required to have a new microchip implanted in the dog as a means of permanent identification. Instead the applicant shall:

   (1)  Obtain and complete both a lifetime license application and a verification of permanent identification form prescribed by the Department. The lifetime license application may be obtained and completed either prior or subsequent to having the dog scanned for a microchip as set forth in this subsection. The verification of permanent identification form must be filled out at the same time the dog is scanned.

   (2)  Have a licensed veterinarian or kennel owner scan the dog to assure the microchip has been properly implanted and to obtain the identifying number of the microchip.

   (3)  The dog owner and the licensed veterinarian or kennel owner shall complete, date and sign the verification of permanent identification form for the dog in which the microchip was scanned. The verification of permanent identification form must set forth the identifying number of the microchip scanned, identify the dog by breed and delineate the dog's age, sex, color and markings and whether the dog has been spayed or neutered. In addition, it must contain the name, address and phone number of the dog's owner and the name, business address and phone number of the person scanning the microchip number. If a veterinarian is involved, the veterinarian shall set forth his veterinary practice license number on the verification of permanent identification form.

   (4)  The dog owner or licensed veterinarian may obtain a verification of permanent identification form.

   (i)  The dog owner may obtain a verification of permanent identification form, along with a lifetime license application, from the county treasurer or agent in his respective county of residence prior to scanning of the dog for an existing microchip. If the dog owner takes his dog to a licensed veterinarian for implantation of the microchip and has not yet applied for a lifetime license, the licensed veterinarian shall supply the verification of permanent identification form.

   (ii)  A licensed veterinarian shall obtain verification of permanent identification forms from the Department.

   (5)  The dog owner shall deliver to the county treasurer or agent, in person or by mail, the properly completed lifetime license application and verification of permanent identification form and the appropriate fees, as set forth on the lifetime license application and in sections 200(b) and 201(b) of the act.

   (6)  Upon receiving a properly completed lifetime license application and verification of permanent identification form, as well as the appropriate fees, as set forth on the lifetime license application and in sections 200(b) and 201(b) of the act, the county treasurer or agent shall issue a lifetime license number and tag as set forth in subsection (g).

   (g)  County treasurer or agent procedure for issuance of lifetime license.

   (1)  General.

   (i)  One lifetime license per lifetime license application. A lifetime license application must be completed for each dog for which a lifetime license is requested. The county treasurer or agent shall issue only one lifetime license and tag for each properly completed lifetime license application. The county treasurer or agent shall collect the applicable fees, as set forth on the lifetime license application and in sections 200(b) and 201(b) of the act, for the lifetime license before issuing the lifetime license and tag.

   (ii)  Assignation of lifetime license number. The lifetime license must list a number. The county treasurer or agent shall assign a lifetime license number for each dog for which a properly completed lifetime license application has been submitted and approved. The county treasurer or agent shall issue the lifetime license number on the lifetime license certificate and tag. The number shall be at least six digits with the first two digits designating the county. For example, Adams County number must begin with 01; York County, with 67. The county number must be followed by at least four digits assigned by the county treasurer or his agent. For example, the lifetime license number assigned by York County for the first dog licensed would be 670001.

   (2)  Tattoo procedure. If the dog owner intends to tattoo the dog as the means of permanent identification the dog owner shall complete a lifetime license application and pay the applicable fees, as set forth on the lifetime license application and in sections 200(b) and 201(b) of the act, prior to the county treasurer or agent issuing a lifetime license and tag. The county treasurer or agent, upon receipt of a properly completed lifetime license application and the applicable fees, shall complete the lifetime license from information on the lifetime license application. The county treasurer or agent shall assign a lifetime license number as set forth in paragraph (1)(ii) and issue a verification of permanent identification form, prescribed by the Department, to the dog owner. The dog owner shall have 30 days from receipt of a lifetime license number and verification of permanent identification form to have the dog tattooed and return a completed verification of permanent identification form to the issuing county treasurer or agent. If the dog owner fails to return the verification of permanent identification form within the 30-day time period, the issuing county treasurer or agent shall void the lifetime license, refund the lifetime license fee, record and designate the lifetime license number as void and report the noncompliance to the Department as set forth in § 21.52. The issuing county treasurer and, if applicable, the agent shall retain the applicable issuance fees, set forth in section 200(b) of the act. The lifetime license number may not be reissued to future applicants other than the original applicant.

   (3)  Microchip procedure. If the dog owner intends to use a microchip as the means of permanent identification, the dog owner may have a microchip implanted in the dog prior to completing an application for a lifetime license. The dog owner shall complete a lifetime license application and verification of permanent identification form and pay the applicable fees, set forth on the lifetime license application and in sections 200(b) and 201(b) of the act, prior to the county treasurer or agent issuing the lifetime license and tag. The county treasurer or agent shall, upon request of the dog owner, issue a lifetime license application and a verification of permanent identification form. Upon receiving a completed lifetime license application, verification of permanent identification form and the applicable fees, the county treasurer or agent shall complete the lifetime license from information on the lifetime license application and verification of permanent identification form, assign a lifetime license number as set forth in paragraph (1)(ii) and issue the lifetime license and tag. The county treasurer or agent may not issue a lifetime license and tag until the dog owner has properly completed both the lifetime license application and the verification of permanent identification form. The county treasurer or agent shall record both the lifetime license number issued and the microchip number set forth on the verification of permanent identification form. The dog owner shall have 30 days from receipt of a verification of permanent identification form to have a microchip implanted in the dog or have a currently microchipped dog scanned and return a completed verification of permanent identification form to the issuing county treasurer or agent. If the dog owner fails to return the verification of permanent identification form within the 30 day time period, the issuing county treasurer or agent shall void the lifetime license, refund the lifetime license fee, record and designate the lifetime license number as void and report the noncompliance to the Department as set forth in § 21.52. The issuing county treasurer and, if applicable, the agent shall retain the applicable issuance fees, set forth in section 200(b) of the act. The lifetime license number may not be reissued to future applicants other than the original applicant.

[Pa.B. Doc. No. 04-1993. Filed for public inspection November 5, 2004, 9:00 a.m.]


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