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PA Bulletin, Doc. No. 08-2019

NOTICES

DEPARTMENT
OF AGRICULTURE

Guidance

[38 Pa.B. 6174]
[Saturday, November 8, 2008]

Recitals

   A.  Act 119 of October 9, 2008, amended numerous sections of the Dog Law (law) (3 P. S. §§ 459-101--459-1205). The amendments to section 903 of the law added authority for the Department of Agriculture (Department) to impose civil penalties, and placed certain restrictions on the issuance of those penalties. See 3 P. S. § 459-903(a) and (g).

   B.  The amendments to section 903(a)(1) of the law require that for a first violation the law or its attendant regulations, the Department must issue a Notice of Violation (NOV) setting forth a summary of the violation and affording a reasonable time period for correction of the violation. Where the kennel owner takes the actions necessary to correct the violation, within the time period set forth in the NOV, no civil penalty will be issued for that violation. See 3 P. S. § 459-903(a)(1).

   C.  The amendments to section 903(a)(2) of the law further state that where a violation has not been corrected in the time period established by the NOV, or where the kennel owner has already been issued a NOV in that calendar year and the Department finds a subsequent violation of the law or its attendant regulations, a civil penalty may issue. See See 3 P. S. § 459-903 (a)(2).

   D.  The amendments to section 903(g) of law further limit the use of civil penalties by the Department. The Department may not issue a civil penalty and pursue a criminal penalty for the same violation of the law or its attendant regulations, at the same time. See 3 P. S. § 459-903(g).

   E.  To clarify the implementation of these new provisions, which become effective December 8, 2008, the Department has decided to publish this Guidance Document.

Guidance Document

   This Guidance Document establishing the Department's intent and procedure with regard to the issuance of civil fines and penalties under the law.

   The Bureau of Dog Law Enforcement (Bureau) is tasked with enforcing the law in this Commonwealth.

   It will not be the practice of the Bureau to issue civil penalties for violations found on the initial kennel inspection. Rather, civil penalties are to be used for remedial purposes in order to promote compliance with this act and the regulations after a violations has been found.

   Upon finding a violation of the law, the Bureau will not assess a civil fine during the first kennel inspection that the violation is found. Instead, the Bureau can issue a NOV, which is a warning setting forth the violations found and establishing the time period the kennel owner will have to fix the violations delineated in the NOV and come into compliance with the act or regulations. The time frame shall be reasonable and shall take into consideration the amount of time it will take to bring the violations into compliance.

   Upon an unannounced follow-up inspection, if the violations outlined in the NOV has not been corrected within the time frame established in the NOV, the Bureau may decide to assess a civil penalty for the violations that has not been corrected, the amount of which will be based on the gravity of the violation, the harm to the public, the effect of the violation on the dogs, the willfulness of the violation, the previous history of the violator in following the law, and the benefit received by not following the law.

   The Bureau will only impose a civil penalty where the kennel owner has already been issued a NOV and has failed to take the remedial measures required in the NOV or where a NOV has already been issued to that kennel owner in any calendar year and the Department finds violations again. As with all Commonwealth agencies, the Bureau may always determine, based on facts specific to each case, to issue a NOV instead of assessing a civil penalty.

   The criminal penalties provided for within the law may always be assessed, just as under the law as it existed prior to the passage of Act 119 of 2008. They are to be used to punish offenders and deter future violations of the law.

DENNIS C WOLFF,   
Secretary

[Pa.B. Doc. No. 08-2019. Filed for public inspection November 7, 2008, 9:00 a.m.]


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