The Pennsylvania Department of Agriculture has suspended the requirement for Certificates of Veterinary Inspection for importing reptiles. Here is the Email confirming this.
From: Smith, Dwight-jared [dwsmith@state.pa.us]
Sent: Wednesday, December 03, 2003 11:51 AM
To: bruckman@westol.com
Cc: Smith, Dwight-jared; Enck, John; Schmucker, Bruce; kgolden@pahousegop.com; kebersole@pasen.gov
Subject: NEWS AT LAST RE: Regulatory Standards for the Importation and Intrastate Transportation of Reptiles
Hello, Mr. Bruckman:
I was out of the office yesterday, and returned today to find your e-mail and an e-mail from the Director of the Bureau of Epidemiology for the Pennsylvania Department of Health (PDH)
approving the course of action we had recently proposed to that agency.
With that, I can offer the following:
Beginning today, the Pennsylvania Department of Agriculture (PDA) will suspend enforcement of the regulations at 7 Pa. Code Chapter 3(A) with respect to reptiles, while it reviews the issue you have presented and considers the form new regulations should take. PDA will suspend the current requirement of a "Certificate of Veterinary Inspection" with respect to reptiles. This suspension of enforcement is driven by a reinterpretation of the referenced regulatory chapter, founded upon consideration of the original regulatory intent and the subsequent impact (or lack thereof) of the Domestic Animal Law upon the provisions of that chapter This suspension of enforcement will be communicated to PDA's enforcement personnel. At this point I am not certain of how this will be communicated to the regulated community, but PDA's Bureau of Animal Health and Diagnostic Services will follow-through in that regard.
PDA will evaluate the scientific, public and veterinary health justification for any regulatory revisions in this area. You will be afforded the opportunity to be part of this process (although I cannot provide a timetable for this regulatory effort). Our objective is to develop regulatory standards that are fair to the regulated community, scientifically defensible, legally defensible and that serve the cause of protecting the public.
.
I realize you are aware that PDA's suspension of enforcement of 7 Pa. Code Chapter 3(A) with respect to reptiles does not address all of your concerns. The following protections/restrictions remain in place: (1) USDA’s reptile-related importation and transportation restrictions; (2) PDH’s restrictions with respect to turtles; and (3) the animal exhibition restrictions of Chapter 25 of the Domestic Animal Law.
I have some general news on the third of these: Our counterparts at PDH acknowledged that they have recently received "... some inquiry from members of the legislature regarding a rewrite or repeal of the statute that pertains to this department" (the statutory turtle testing requirements prescribed by the statute at 35 P.S. §§ 1071-1077). PDH indicated its likely support of any bill amending or repealing that statute (of course, this support would depend on the language of the bill).
Thank you for the time, study and effort you have put into this. Frankly, your efforts made all the difference.
Best regards,
Dwight
Dwight-Jared Smith
Assistant Counsel
Pennsylvania Department of Agriculture
2301 North Cameron Street
Harrisburg, PA 17110-9408
Tel: (717) 787-8744
Fax: (717)787-1270
e-mail: dwsmith@state.pa.us
Anyone who wants a more official copy of this may email me at bruckman@westol.com and I will forward the original email.
Sometimes you can fight "city hall". I hope this will encourage others to take action against overly restrictive and unreasonable regulations in their own areas.
Fred
