(a) Generally.--If a domestic animal, domestic animal product or other property has not been condemned under authority of this chapter, the department shall have the discretion to pay to the owner of any domestic animal or other property a sum which shall not exceed 33% of the appraised value of that domestic animal or other property and may compensate a person for cleanup costs and disposal costs or a portion thereof in consideration of that owner or other authorized person voluntarily slaughtering or destroying that domestic animal or other property and implementing cleanup and disposal measures in accordance with this chapter and with the prior agreement of the department. This discretion may be exercised only upon the department's determination that the destruction and disposal of the domestic animal or other property serves to protect public health, the safety or quality of the food supply or the economic well-being of domestic animal industries. Payment of a depopulation incentive under this section is limited by the availability of funds for this purpose.
(b) Limits.--A depopulation incentive payment shall not exceed $2,000 with respect to any individual domestic animal. A depopulation incentive payment plus the salvage value and any other compensation received from other sources shall not exceed 90% of the appraised value of the domestic animal or other property that is the subject of the depopulation incentive payment. Notwithstanding the definition of "owner" in section 2303 (relating to definitions), depopulation incentive payments made under this section shall be made only to those persons who have an actual ownership interest in the domestic animal or other property that is the subject of the depopulation incentive payment.
(c) Cats and dogs.--The department may not make depopulation incentive payments for cats and dogs.
(Dec. 9, 2002, P.L.1495, No.190, eff. imd.)
2002 Amendment. Act 190 amended subsec. (a). Section 7 of Act 190 provided that the amendment shall apply to cleanup costs and disposal costs incurred on or after October 1, 2001.
Cross References. Section 2332 is referred to in section 2333 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 2301 - Short title of chapter
Section 2302 - Finding, policy and purpose
Section 2304 - Diagnostic services and research
Section 2305 - Keeping and handling of domestic animals
Section 2311 - General authority
Section 2312 - Adoption of form of identification
Section 2313 - Certified copies
Section 2314 - Brand, tattoo or other form of identification as proof of ownership
Section 2315 - Disputes in custody or ownership
Section 2316 - Sale or assignment of form of identification
Section 2317 - Violations and penalty
Section 2318 - Fees and forfeiture
Section 2321 - Dangerous transmissible diseases
Section 2322 - Neoplastic diseases, metabolic diseases and heritable diseases
Section 2323 - Health requirements
Section 2324 - Safety of domestic animal feed
Section 2327 - Disease surveillance and detection
Section 2328 - Entry on premises
Section 2331 - Indemnification
Section 2332 - Depopulation incentive
Section 2333 - Restriction on payment of indemnification and depopulation incentive
Section 2334 - Report on insurance or cost-sharing program
Section 2335 - Contract growers
Section 2341 - General authority
Section 2342 - License of dealers and haulers
Section 2343 - Licensure of agents
Section 2344 - Verification of application
Section 2346 - Term of license
Section 2347 - Posting and display of license
Section 2348 - Denial, suspension or revocation of license
Section 2349 - Records and inspections
Section 2351 - General authority
Section 2352 - Disposal of dead domestic animals
Section 2353 - Disposal of animal waste
Section 2354 - Licensure requirement of dead domestic animal disposal businesses
Section 2355 - Licensing procedure
Section 2356 - Conditions of licensure
Section 2357 - Denial, suspension or revocation of license
Section 2361 - General authority
Section 2362 - Humane methods of slaughtering domestic animals
Section 2371 - Licensure requirement
Section 2372 - Application and fee
Section 2373 - Issuance of license
Section 2374 - Term of license and renewal
Section 2375 - Posting of license
Section 2376 - Heating certain garbage before feeding
Section 2377 - Prohibitions and conditions
Section 2379 - Notice to remedy and denial, suspension or revocation of license
Section 2380.2 - License required
Section 2380.5 - Term; renewal
Section 2380.6 - Keeping and handling of cervids
Section 2380.7 - Periodic inspections
Section 2380.8 - Violations by licensees
Section 2380.9 - Game and Wildlife Code and regulations
Section 2383 - Enforcement and penalties
Section 2384 - Disposition of fees, fines and civil penalties
Section 2385 - Interference with officer or employee of department
Section 2387 - Inapplicability of penal cruelty to animals statutes
Section 2388 - Exemption for governmental entities