2303 - Definitions.

     § 2303.  Definitions.        The following words and phrases when used in this chapter     shall have the meanings given to them in this section unless the     context clearly indicates otherwise:        "Agent."  A person, firm, association, partnership or     corporation buying or receiving or soliciting or negotiating the     sale of domestic animals for or on behalf of any dealer or     transporting domestic animals on behalf of any hauler.        "Animal."  A living nonhuman organism having sensation and     the power of voluntary movement and requiring for its existence     oxygen and organic food.        "Animal waste."  Superfluous material emanating from domestic     animal production or keeping, including, but not limited to,     excrement, offal, eggs, milk, placenta, fetuses, feathers, hair,     wool, blood and animal parts which are not intended or suitable     for inclusion in the food chain without special processing.        "Appraised value."  The current value of a domestic animal at     the time of appraisal, determined by current market values, age     of animal, physical condition, condition as to disease, nature     and extent of disease, breeding value, milk production value,     salvage value and any other factors which might affect value.        "Area" or "locality."  A geographical district or portion or     group thereof.        "Article" or "property."  Any goods, products, containers or     materials which are found on the premises where a domestic     animal is or has been kept or which are used to hold, contain or     transport a domestic animal.        "Brand."  A permanent identification mark made on the hide of     a live animal by dehydrating the superficial and deep layers of     skin by heat, cold, electric current or another method approved     by the Department of Agriculture.        "Cervidae livestock operation."  (Deleted by amendment).        "Cleanup costs."  The costs of indemnification for cleaning,     disinfecting or sanitizing domestic animals, domestic animal     products, equipment, facilities, buildings and other articles,     including all other costs reasonably related to cleanup, when     these costs are incurred either:            (1)  as required by a quarantine order issued by the        department under authority of this chapter; or            (2)  as part of an agreement pursuant to which the        department is paying a depopulation incentive under authority        of this chapter.        "Compost."  The biological digestion of dead domestic     animals, animal waste or other biodegradable materials.        "Condemned."  The status of a domestic animal, domestic     animal product, conveyance or other article that has been     determined by the Department of Agriculture as having been     exposed to a dangerous transmissible disease or a hazardous     substance such that destruction of the domestic animal, domestic     animal product, conveyance or other article is necessary to     prevent the spread of such disease or contamination, and that is     subject to a quarantine order issued under this chapter.        "Conveyance."  An automobile, truck, trailer, wagon or other     vehicle used in the transportation of live or dead domestic     animals, animal waste or domestic animal products or by-products     upon the highways of this Commonwealth.        "Dangerous transmissible disease."  A transmissible disease     of domestic animals that has been designated by this chapter or     by order of the Department of Agriculture as presenting a danger     to public health, to domestic animal health, to the safety or     quality of the food supply or to the economic well-being of the     domestic animal industries. This term shall be construed to mean     and include the disease agent.        "Dead domestic animal disposal plant."  A facility where the     body or parts of the body of a dead domestic animal is received     and processed for the purpose of salvaging useful material,     including, but not limited to, hides, bones, fat and proteins.        "Dealer."  A person that buys, receives, sells, exchanges,     negotiates or solicits the sale, resale, exchange or transfer of     domestic animals or dead domestic animals for the purpose of     transfer of ownership or possession to a third party.        "Depopulation incentive."  Payment to the owner for a portion     of the appraised value of any domestic animal or other property     which is voluntarily slaughtered or destroyed with the prior     agreement of the Department of Agriculture and in accordance     with this chapter, upon the Department of Agriculture's     determination that such action serves to protect public health,     the safety or quality of the food supply or the economic well-     being of the domestic animal industry. A depopulation incentive     may be paid only in situations where the domestic animal or     other property has not been condemned.        "Disease."  Any deviation from or interruption of the normal     structure of any part, organ or system of the body of a living     domestic animal.        "Disposal costs."  The costs of indemnification for disposing     of domestic animals, domestic animal products, equipment and     other articles, including the cost of transportation for     disposal and all other costs reasonably related to disposal,     when these costs are incurred either:            (1)  as required by a quarantine order issued by the        department under authority of this chapter; or            (2)  as part of an agreement pursuant to which the        department is paying a depopulation incentive under authority        of this chapter.        "Domestic animal."  An animal maintained in captivity. The     term also includes the germ plasm, embryos and fertile ova of     such animals.        "Domestic animal feed."  Any substance or mixture which is     intended for use as food for domestic animals and which is     intended for use as a substantial source of nutrients in the     diet of domestic animals and is not limited to a substance or     mixture intended to be the sole ration of the domestic animal.        "Domestic animal product."  A part of a domestic animal or     any food, material or article containing any part of a domestic     animal.        "Exotic disease."  A disease which is not or is no longer     native or indigenous to the United States, including those     diseases so designated by the United States Department of     Agriculture.        "Garbage."  All waste or residuals resulting from the     handling, preparation, cooking or consumption of food derived in     whole or in part from the meat of any animal, including poultry     and fish, or other animal material and other refuse of any     character that has been associated with the meat of any animal     or other animal material. The term does not include waste from     ordinary household operations that is fed directly to swine on     the same premises where the household is located.        "General quarantine."  A quarantine order published in at     least one newspaper that restricts the movement of animals and     materials, including conveyance into, within or from a     designated area or locality.        "Group of domestic animals."  Those domestic animals that are     maintained on common ground for any purpose or two or more     geographically separated concentrations of domestic animals     which have an interchange or movement of animals or articles     that may carry dangerous transmissible disease or contamination     without regard to health status.        "Hauler."  A person responsible for the transportation of     domestic animals or dead domestic animals into, within or from     this Commonwealth, but the term shall not be construed to mean     any of the following:            (1)  A person who transports a domestic animal which he        owns or raises under contract on behalf of a third party        between farms which that person owns or operates.            (2)  A person who transports a domestic animal from a        farm which he owns or operates to a location where ownership        or possession is to be transferred to another.            (3)  A person who transports a domestic animal which he        has purchased or taken possession of at another location from        the point of purchase or possession to a farm which that        person owns or operates.            (4)  A person who transports a domestic animal which he        owns or raises under contract on behalf of a third party to        and from places of exhibition.            (5)  A person who transports a domestic animal which he        owns or raises under contract on behalf of a third party to a        slaughter or processing facility.        "Hazardous substance."  Any element, compound or material     which threatens the health of domestic animals or humans.        "Heritable disease."  A domestic animal disease resulting     from an inherited flaw in tissue, organ or other body structure.        "Humane method of slaughter."  Either:            (1)  a method of rendering a domestic animal insensible        to pain by mechanical, electrical, chemical or other means        that is rapid and effective before being handled for        slaughter; or            (2)  a method of ritual slaughter.        "Incineration."  The reduction of domestic animals or     articles to ashes by burning at temperatures and for durations     sufficient to render the material noninfectious.        "Indemnity."  Payment to the owner for a portion of the     appraised value of condemned domestic animals, domestic animal     products and other condemned articles that are slaughtered or     destroyed by order of the Department of Agriculture to eradicate     or prevent the spread of dangerous transmissible disease or the     spread of contamination by a hazardous substance.        "Interstate" or "international quarantine."  An order of     quarantine issued by the Department of Agriculture which may     cover any domestic animal or class of domestic animals, or     conveyances, goods, products, materials or articles, regulating     or forbidding their entry into this Commonwealth from another     state, territory of the United States or foreign country.        "Market value."  The current worth of a domestic animal,     domestic animal product or other article in markets where such     animals, products and other articles are commonly bought and     sold.        "Metabolic disease."  A domestic animal disease resulting     from a physiological dysfunction of an animal tissue or organ.        "Neoplastic disease."  A domestic animal disease resulting     from an uncontrolled and progressive abnormal growth of tissue.        "Owner."  A person owning, possessing or harboring any     domestic animal. The term shall also include any person who     allows a domestic animal habitually to remain about the premises     inhabited, managed or owned by such person.        "Packer."  A person engaged in the business of slaughtering,     manufacturing or preparing meat, meat products or domestic     animal products for sale, whether by such person or others.        "Premises."  A definite portion of real estate; land with its     appurtenances, including any structure erected thereon; and any     vehicle or vessel used in transporting passengers, goods,     domestic animals or domestic animal products by land, air or by     water. As used in this chapter, the term shall be taken in its     widest sense.        "Quarantine."  Restrictions upon the use, movement or other     disposition of domestic animals, domestic animal products,     equipment, facilities, vehicles, buildings and other articles     required to eradicate, contain or otherwise control a dangerous     transmissible disease or to control or prevent contamination by     hazardous substances.        "Rendering."  The cooking or heating of dead domestic animals     or parts of such dead animals until all such cooked or heated     material is incapable of transmitting dangerous transmissible     disease.        "Ritual slaughter."  A humane method of slaughter which is in     accordance with the ritual requirements of the Jewish faith or     any other religious faith whereby the domestic animal suffers a     loss of consciousness by anoxia or hypoxia of the brain caused     by the simultaneous and instantaneous severance of the carotid     arteries with a sharp instrument.        "Salvage."  The net proceeds an owner of a domestic animal     realizes from the sale of the live domestic animal or the     carcass, hide and offal.        "Slaughter."  The killing and processing of domestic animals     for food production purposes.        "Slaughterer."  A person regularly engaged in the commercial     slaughter of domestic animals.        "Special quarantine."  An order of quarantine issued by the     Department of Agriculture covering a single premises or a single     domestic animal or any number of domestic animals when confined     or contained in or on the same premises and any conveyances,     goods, products, materials, containers or articles which may     carry disease or contamination by a hazardous substance.        "Stockyard."  A place, establishment or facility owned or     operated by a domestic animal dealer, consisting of pens or     other enclosures and their appurtenances for the handling,     keeping or holding of domestic animals for the purpose of sale     or shipment.        "Tattoo."  A permanent identification mark made on the hide     of a live domestic animal by inserting pigment into the deep     layers of the skin.        "Transmissible disease."  A disease of a domestic animal     which can be transferred, reproduced or established in a     domestic animal or human by direct or indirect means.        "USDA-APHIS-VS."  The United States Department of     Agriculture, Animal Plant Health Inspection Service, Veterinary     Services.     (Mar. 24, 1998, P.L.217, No.39, eff. imd.; Dec. 9, 2002,     P.L.1495, No.190, eff. imd.; June 29, 2006, P.L.206, No.51, eff.     60 days)        2006 Amendment.  Act 51 deleted the def. of "cervidae     livestock operation. See the preamble to Act 51 in the appendix     to this title for special provisions relating to legislative     intent.        2002 Amendment.  Act 190 added the defs. of "cervidae     livestock operation," "cleanup costs" and "disposal costs."     Section 7 of Act 190 provided that the amendment shall apply to     cleanup costs and disposal costs incurred on or after October 1,     2001.        1998 Amendment.  Act 39 amended the def. of "garbage."        Cross References.  Section 2303 is referred to in sections     2331, 2332 of this title.