STATEMENTS OF POLICY
Title 7—AGRICULTURE
DEPARTMENT OF AGRICULTURE
[ 7 PA. CODE CH. 28b ]
Commercial Kennel Exercise of Nursing Mothers
[40 Pa.B. 4304]
[Saturday, July 31, 2010]The Department of Agriculture (Department), under the general authority in section 901 of the Dog Law (act) (3 P. S. § 459-901), adds statements of policy in Chapter 28b (relating commercial kennel exercise of nursing mothers) to read as set forth in Annex A.
Scope
These statements of policy apply to ''commercial kennels'' licensed by the Department's Bureau of Dog Law Enforcement, as defined in section 102 of the act (3 P. S. § 459-102).
Purpose
The purpose of these statements of policy is to provide direction to commercial kennel owners regarding the requirements of exercise for nursing mothers in commercial kennels.
Background
The purpose of these statements of policy is to clarify the commercial kennel exercise provisions of the act and provide direction to commercial kennel owners regarding the requirements of exercise for nursing mothers in commercial kennels.
Discussion
Section 207(i) of the act (3 P. S. § 459-207(i)) establishes certain commercial kennel housing standards for dogs over 12 weeks of age, including exercise area requirements. However, section 207(i)(6)(viii) of the act defines a separate exercise requirement for nursing mother dogs as follows: ''Nursing bitches and puppies shall be exercised separately from other dogs.'' Dogs 12 weeks of age and under, that is puppies, are not subject to any of the exercise area requirements of section 207(i) of the act. This is consistent with provisions elsewhere in the act requiring that nursing mother dogs must be housed separately with their puppies. See section 207(h)(4) of the act.
To address any potential uncertainty created by the absence of specific standards for the ''separate'' exercise required for nursing mothers, the Department established these statements of policy for exercise of nursing mothers in commercial kennels.
Summary of Major Features
There are three requirements established by these statements of policy.
The first requirement is that the nursing mother be provided daily access to an exercise area meeting the applicable requirements of the act.
The second requirement is that the kennel owner, as part of the annual kennel license application process, set forth a plan to provide daily exercise to nursing mothers.
The third requirement is that a failure to adhere to the plan set forth by the kennel owner may be considered material misrepresentation and may constitute grounds for revocation or refusal of the kennel license.
Fiscal Impact
Commonwealth
These statements of policy will not have additional fiscal impact on the Department. The Department is already required to review kennel license applications and inspect kennels for compliance with the act and the regulations. The addition of a plan and enforcement thereof will not create any significant administrative or enforcement costs for the Department.
Political subdivisions
These statements of policy have no effect on political subdivisions and will not create additional enforcement or administrative costs.
Private sector
The act already requires that commercial kennel owners provide exercise for the nursing mother and therefore, these statements of policy, which merely clarify the extent and manner of the exercise, do not create additional costs not already imposed by the act.
General public
No additional direct or indirect costs will be imposed on the general public by these statements of policy.
Paperwork Requirements
The Department will have to develop one additional section to the kennel license application; however, it will not create significant cost. In addition, it will not significantly extend the review period of a kennel license application.
Effective Date
These statements of policy will be effective immediately upon publication in the Pennsylvania Bulletin.
Sunset Date
There is no sunset date for these statements of policy. The Department will review its efficacy on an ongoing basis.
RUSSELL C. REDDING,
Secretary(Editor's Note: Title 7 of the Pennsylvania Code is amended by adding statements of policy in §§ 28b.1—28b.3 to read as set forth in Annex A.)
Fiscal Note: 2-172. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 7. AGRICULTURE
PART II. DOG LAW ENFORCEMENT BUREAU
CHAPTER 28b. COMMERCIAL KENNEL
EXERCISE OF NURSING MOTHERS—
STATEMENT OF POLICYSec.
28b.1. Requirement for commercial kennels. 28b.2. Plan. 28b.3. Grounds for revocation or refusal. § 28b.1. Requirement for commercial kennels.
The Bureau of Dog Law Enforcement will consider a kennel owner to be compliant with the requirements of section 207(i)(6)(viii) of the Dog Law (3 P. S. § 459-207(i)(6)(viii)) if the nursing mother is provided daily access to an exercise area meeting all of the requirements of section 207(i)(6)(ii), (iii), (iv), (v), (vi), (vii), (viii) and (ix) of the Dog Law.
§ 28b.2. Plan.
As part of the annual kennel application, the kennel owner applying for a license shall set forth a plan to provide a nursing mother with the opportunity for daily exercise while housed with her puppies.
§ 28b.3. Grounds for revocation or refusal.
The failure to adhere to the plan set forth in the annual kennel application may be considered a material misrepresentation under section 211(a)(1) and (2) of the Dog Law (3 P. S. § 459-211(a)(1) and (2)), and may be grounds for the revocation or refusal of a kennel license under section 211(a) of the Dog Law.
[Pa.B. Doc. No. 10-1396. Filed for public inspection July 30, 2010, 9:00 a.m.]
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