Commercial Kennel Proposed Standards

The Canine Health Board (Board) and Pennsylvania Department of Agriculture (PDA) published a proposed rulemaking to implement Sections 221(f) and (g) of the Dog Law (3 P.S. § 459-221(f) and (g)) (Act 119 of 2008). The official notice of this proposed rulemaking is posted in the Pennsylvania Bulletin at the following link:

Proposed Rulemaking Canine Health Board Standards for Commercial Kennels

The Canine Health Board and PPA Dept of Agriculture are inviting public comments on this proposed regulation. Written comments and requests may be sent to the following address:

Canine Health Board
c/o Department of Agriculture
Bureau of Dog Law Enforcement
2301 North Cameron Street, Room 102
Harrisburg, PA 17110

Please reference Regulation ID #2-170 (#2785) on your correspondence.

The deadline for submitting comments to the Board and PDA is October 27, 2009.

In addition to the notice in the Pennsylvania Bulletin, the proposed regulation as submitted by the Board and PDA with accompanying materials is available on the website for the Independent Regulatory Review Commission (IRRC) via this link: Document-13821 Copy IRRC and send one courtesy copy of your correspondence to us at one of the following postal or email addresses or fax number:

Independent Regulatory Review Commission
333 Market Street, 14th Floor, Harrisburg, PA 17101
Main Telephone: (717) 783-5417 Fax: (717) 783-2664 Email: irrc@irrc.state.pa.us

The House and Senate Agriculture and Rural Affairs Committees will also review the regulation. Contact info:

House Agriculture and Rural Affairs Majority Chair, Michael K. Hanna email: mhanna@pahouse.net
House Agriculture and Rural Affairs Minority Chair, John Maher email: jmaher@pahouse.net
Senate Agriculture and Rural Affairs Committee Chair, Mike Brubaker emal: mbrubaker@pasen.gov
Contact information for individual legislators may be obtained at www.legis.state.pa.us.

Talking Points

* The detailed regulations proposed by the Canine Health Board exceed those outlined by USDA/APHIS and appear far more exacting than even guidelines used by the Office of Laboratory Animal Welfare.

* Proposed regulations state: When the temperature is 50—75° F, the relative humidity shall be in the range of 40—60%. The relative humidity shall be measured at standing shoulder level of 10% of the dogs in the kennel, randomly selected from all rooms. This method of measurement is both excessive and unnecessarily time consuming for kennel owners and dog wardens.

* Carbon monoxide detectors and monitoring are not included in Act 119 for regulation.

* The tedious and exact regulations proposed for monitoring and recording air quality will substantially decrease the number of inspections that can be performed in a day by each dog warden. It would be reasonable to assume that additional inspectors must be hired and trained to accomplish the current workload of inspections. We believe that cost to the Department has been greatly underestimated.

* Section 28a.2 (8)a of the proposed regulations states that dogs may not exhibit conditions or signs of illness or stress associated with poor ventilation and lists 17 symptoms of canine illness. Every veterinarian and anyone with the most basic animal husbandry knowledge is aware that each of the listed symptoms has multiple causes completely unrelated to air quality. The mere attempt to draft legislation prohibiting dogs from showing signs of illness defies reason, common sense, and practicality. To enact this into law establishes a dangerous precedent of mandating what is not achievable.

* The Canine Health Board has exceeded its mandated authority by attempting to establish temperature limits.

* The regulations as proposed would create a source of constant violations for kennel operators until in frustration they decide to go out of business or leave the state.

Regulation Details IRRC #2785

Status of Regulatory review, comments, and related documents can be viewed here.