Section 459-207 - Requirements for kennels(a) Deleted by 1996, Dec. 11, P.L. 943, No. 151, § 5, effective in 60 days.(a.1)Prohibition to operate; injunction; fines.-- (1) It shall be unlawful for kennels described under section 206 to operate without first obtaining a kennel license from the department.(2) The secretary shall not approve any kennel license application unless such kennel has been inspected and approved by a State dog warden or employee of the department.(3) The secretary may file a suit in equity in the Commonwealth Court to enjoin the operation of any kennel that violates any of the provisions of this act.(4) It shall be no defense to any civil penalty or criminal prosecution under this act that a person operating a kennel failed to properly obtain the appropriate type and class of license.(5) A kennel operator that is applying for a different type or class of license because of an increase in the total number of dogs or due to birth of additional dogs housed, kept, harbored, boarded, sheltered, sold, given away or transferred in or by the kennel during a calendar year shall not be in violation, provided the application is filed within seven days of the increase.(6) A person who is required to file for a Kennel Class C license pursuant to this subsection and has complied with paragraph (5) shall have an additional 365 days from the date of filing of the Kennel Class C license application to come into compliance with the additional requirements for Kennel Class C license holders. The secretary may grant an extension of time for a person to come into compliance with the Kennel Class C requirements if the secretary determines the person is making a good-faith effort to comply with the requirements and makes a showing of reasonable expectation that compliance can be achieved through the granting of an extension. A person who has not complied with paragraph (5) may be assessed a civil penalty under subsection (a.2), in addition to any penalty under section 903, of not less than $1,000 nor more than $5,000 each day a kennel operates in violation of paragraph (5). The penalty shall be premised on the gravity and willfulness of the violation, the potential harm to the health and safety of the animals and the public, previous violations and the economic benefit to the violator for failing to comply with this act.(7) A person who operates a kennel without first obtaining the appropriate type and class of kennel license from the department commits a misdemeanor of the third degree.(a.2) Civil penalties and remedies.-- The following shall apply to civil penalties and remedies for unlicensed kennels:(1) In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this act or a rule or regulation adopted or order issued under this act, the secretary may assess a civil penalty, in addition to any penalty under section 903(c), against an unlicensed kennel of not less than $1,000 nor more than $5,000 for each day it operates in violation of this act. The penalty shall be premised on the gravity and willfulness of the violation, the potential harm to the health and safety of the animals and the public, previous violations and the economic benefit to the violator for failing to comply with this act.(2) In cases of inability to collect the civil penalty or failure of a person to pay all or a portion of the penalty, the secretary may refer the matter to the Office of Attorney General, which shall institute an action in the appropriate court to recover the penalty.(a.3) Cease and desist order.--(1) The secretary may provide a written order to cease and desist operating to an owner who is operating a kennel without a license. The order shall set forth the general factual and legal basis for the action and shall advise the affected person that within ten days of receipt of the order, he may file with the secretary a written request for an administrative hearing.(2) The written order to cease and desist operating shall be served by personal service or by registered or certified mail, return receipt requested, to the person operating the unlicensed kennel or a responsible employee of such a person. The order to cease and desist shall become a final order of the department upon expiration of the ten-day period for requesting an administrative hearing unless a timely request has been filed with the department.(3) A person receiving a written cease and desist order shall, upon the order becoming final, comply with all of the following:(i) Immediately cease and desist from operating a kennel, including boarding, buying, exchanging, selling, offering for sale, giving away or in any way transferring dogs.(ii) Acquire no additional dogs nor increase the number of dogs in the kennel by any means, including breeding. This subparagraph does not apply to an acquisition or increase by birth of puppies from a mother which, at the time of the order, was: (C) owned by the kennel or the kennel owner.(iii) Notify the department prior to the euthanization of any dog. No dog may be euthanized unless it is determined by a veterinarian that the euthanasia will prevent the dog from suffering caused by a medical condition. If a veterinarian determines a dog should be euthanized, a copy of the veterinarian's findings, signed by the veterinarian, must be provided to the department. The provisions of this subparagraph do not apply to an emergency situation if it is deemed by the veterinarian that immediate euthanasia is necessary to relieve the suffering of the dog. Following euthanasia in an emergency situation, a copy of the veterinarian's findings must be signed by the veterinarian and provided to the department.(iv) Permit State dog wardens to inspect the kennel without a warrant in order to determine compliance with the department's order, any relevant court order and any provision of this act.(v) Divest of all dogs numbering over 25, unless directed otherwise by the department order, within a reasonable time period as determined by the department, but not to exceed ten days. The department's order shall set forth the manner by which the kennel owner may divest of the dogs. If there are more dogs on the premises than permitted in the department order after the expiration of the time period set forth in the order, the kennel may select the dogs to be kept, up to the number allowed under this subparagraph. The dogs not selected shall be forfeited to the entity set forth in the department order or to an entity approved by the department without compensation to the owner.(4) The following applies to appeals:(i) This paragraph applies to a person who has received a written cease and desist order and who: (A) has timely filed a request for an administrative appeal; and(B) would require a kennel license under this act, pending the exhaustion of all administrative appeals.(ii) A person subject to subparagraph (i) shall, during the duration of all administrative appeals and thereafter if the department's action is upheld, be subject to the requirements set forth in paragraph (3)(i), (ii), (iii) and (iv).(iii) Within ten days after the exhaustion of an administrative appeal under subparagraph (i)(A) in which the department's action is upheld, the kennel shall reduce the number of dogs under paragraph (3)(v).(iv) Removal of dogs may occur under section 211(d), (e) and (f) . (5) Failure to take action or to meet the conditions imposed under this subsection, in addition to any other penalties allowed under this act, may result in imposition by the department of an administrative penalty of not less than $100 nor more than $500 per day for each violation. Each dog in excess of the number of dogs permitted under paragraph (3)(v) or (4)(iii) shall count as one violation.(6) Any violation of this subsection shall constitute a misdemeanor of the third degree.(b) Maintenance of kennels.-- All kennels shall be maintained in a sanitary and humane condition in accordance with standards and sanitary codes promulgated by the secretary through regulations.(c) Records to be maintained.-- Every keeper of a kennel shall keep, for two years, a record of each dog at any time kept in the kennel. Such record shall show: (1) The breed, color, markings, sex and age of each dog.(2) The date on which each dog entered the kennel.(3) The full name and physical address at the time the dogs were received of the previous owner or kennel from whom the dog was received. This paragraph shall not apply to a boarding kennel.(4) The full name and physical address of the person or kennel to whom the dog belongs.(5) For what purpose each dog is kept in the kennel.(6) The date on which each dog leaves the kennel.(7) How the dog is dispensed. If the dog was transferred to another person or kennel, the record must state the full name and physical address of the person or kennel to whom the dog was dispensed.(8) The name, address and telephone number of the licensed doctor of veterinary medicine used by the kennel. Such record shall be legible and shall be open to inspection and may be copied by any employee of the department, State dog warden or police officer as defined by this act.(c.1)Humane societies or associations for the prevention of cruelty to animals.--A humane society or association for the prevention of cruelty to animals shall be required to keep all records required to be kept under this section, except that, in the case of a dog running at large, it shall not be a violation of subsection (c)(3) or (4) for the humane society or association for the prevention of cruelty to animals to list only the location from which a dog was retrieved if the information required to be maintained under subsection (c)(3) and (4) is unknown and not available to the humane society or association for the prevention of cruelty to animals.(c.2) Display of information by pet shop kennels and kennels offering dogs directly to the public.--Notwithstanding the provisions of subsection (c), a dog offered for sale or adoption directly to the public shall have the following information posted conspicuously on its primary enclosure, to the extent the information is known: (1) The breed, age and date of birth of the dog.(2) The state in which the breeder of the dog is located.(3) The United States Department of Agriculture license number of the breeder, if applicable.(4) The Department of Agriculture license number of the breeder, if applicable.(5) Documentation of all inoculations, vaccinations, worming treatments and other medical treatments, if any, including the date of the treatment, the diagnosis and the name and title of the treatment provider.(6) Bite attacks on a human being or domestic animal, dog or cat.(d) Tags.-- Every holder of a kennel license shall attach one tag to a collar or harness of each dog three months old or older kept by that person, whenever the dog is not within the kennel except as provided for in sections 202 and 213. Dogs housed in rescue kennel network homes shall have and display the dealer's tag or rescue kennel network home's tag or individual dog license as provided in this section.(e) Display of kennel license.--The following shall apply: (1) A person operating a kennel required to be licensed under this act shall display, in a place conspicuous to persons authorized to enter, a current and valid kennel license certificate issued by the department. The kennel license certificate shall show all of the following: (i) The year for which it was issued.(ii) The kennel class and type.(iii) The number of dogs allowed to be housed in that class of kennel per calendar year.(1.1) An individual required to possess a Federal, State or local license to sell or offer for sale a dog shall prominently include the individual's name and address as registered with the licensing agency and each applicable Federal, State or local license number in the text of an advertisement offer for the sale of a dog by the individual through a newspaper, posting, the mail, an Internet website or another form of media placed by the individual or anyone acting on the individual's behalf. For puppies under four months of age, the kennel license certificate must include the license number of the dam from which the puppy was born, excluding situations involving humane society or association for the prevention of cruelty to animals where the dam information is unknown.(1.2) An individual who violates paragraph (1.1) shall be subject to a civil penalty of $100 for each advertisement offer.(2) Rescue network kennel homes associated with a dealer or rescue kennel network shall display a copy of the dealer's or the rescue kennel network's kennel license.(3) If the secretary revokes or denies a kennel license, the department shall issue a notice of revocation or denial. The notice shall be posted in a place conspicuous to persons authorized to enter and approved by the department for a period of time as provided in this subsection. In the case of a revocation or denial of a kennel license, the kennel shall display the notice of revocation or denial until such time as the kennel has ceased to operate or as the department determines and sets forth in the order. In the case of an appeal of revocation or denial, the notice of revocation or denial shall remain posted until the final disposition of appeal or the department has reissued a valid kennel license.(4) If the secretary finds a kennel operating without a license, the kennel, upon notice of violation or order, shall display a notice of violation issued by the department. The notice shall be posted in a place conspicuous to persons authorized to enter and approved by the department until the time as the kennel has ceased to operate or as the department determines and sets forth in the order or until such time as the kennel has come into compliance and the secretary has issued a valid kennel license.(5) Failure to display a current and valid kennel license certificate or a notice of revocation, suspension or denial as provided in this subsection constitutes a violation of this act.(f.1) Isolation plan for imported dogs.--All kennels shall have and implement a plan for the isolation of dogs imported from another state or country to minimize the possibility of transmission of disease. The plan shall be approved by a licensed doctor of veterinary medicine and must include protocols for diagnosis, testing, treatment, prevention and disinfection for contagious, infectious, communicable and zoonotic diseases. The plan shall be made available for review by dog wardens and employees of the department.(g) Additional requirements for boarding kennels, humane societies or associations for the prevention of cruelty to animals and Kennel Class I through VI license holders.--The following shall apply to boarding kennels, humane societies or associations for the prevention of cruelty to animals and Kennel Class I through VI license holders: (1) Kennels under this subsection must develop and follow an appropriate plan to provide dogs with the opportunity for exercise. The plan shall be approved by a veterinarian.(2) All kennels for dogs shall be equipped with smoke alarms or fire extinguishers. Housing facilities shall be equipped with fire extinguishers on the premises. An indoor housing facility may have a sprinkler system.(3) Primary enclosures must be designed and constructed so that they are structurally sound and must be kept in good repair.(4) Primary enclosures may not have gaps or openings on the sides of the enclosure that would allow for a dog's limbs to extend into another primary enclosure. (h) Additional requirements for Kennel Class C license holders only.-- The following shall apply only to primary enclosures for all dogs in Kennel Class C kennels: (1) Primary enclosures must be designed and constructed so that they are structurally sound and must be kept in good repair.(2) Primary enclosures must meet the following requirements:(i) Have no sharp points or edges that could injure the dogs.(ii) Be maintained in a manner to protect the dogs from injury.(iii) The height of a primary enclosure that is not fully enclosed on the top shall be sufficient to prevent the dog from climbing over the walls.(iv) Keep animals other than dogs from entering the enclosure.(v) Enable the dogs to remain dry and clean.(vi) Provide shelter and protection from temperatures and weather conditions that may be uncomfortable or hazardous to any dog.(vii) Provide sufficient space to shelter all the dogs housed in the primary enclosure at one time.(viii) Provide potable water at all times, unless otherwise directed by a veterinarian in a writing that shall be kept in the kennel records.(ix) Enable all surfaces in contact with the dogs to be readily cleaned and sanitized in accordance with paragraph (14) or be replaceable when worn or soiled.(x) Have floors that are constructed in a manner that protects the dogs' feet and legs from injury. The floor shall not permit the feet of a dog housed in the primary enclosure to pass through any opening.(xi) Provide space to allow each dog to turn about freely and to stand, sit and lie in a normal position. The dog must be able to lie down while fully extended without the dog's head, tail, legs, face or feet touching any side of the enclosure.(xii) The interior height of a primary enclosure shall be at least six inches higher than the head of the tallest dog in the enclosure when it is in a normal standing position.(3) Each bitch with nursing puppies shall be provided with an additional amount of floor space based on her breed and behavioral characteristics and in accordance with generally accepted husbandry practices as determined by the attending veterinarian. If the additional amount of floor space for each nursing puppy is less than 5% of the minimum requirement for the bitch, the amount of floor space must be approved in writing by the attending veterinarian and shall be kept in the kennel records.(4) All dogs housed in the same primary enclosure must be compatible, as determined by observation. Not more than six adult dogs may be housed in the same primary enclosure. Bitches in heat may not be housed in the same primary enclosure with sexually mature males, except for breeding. Bitches with litters may not be housed in the same primary enclosure with other adult dogs, and puppies under 12 weeks of age may not be housed in the same primary enclosure with adult dogs, other than the dam or foster dam. Dogs displaying vicious or aggressive behavior toward other dogs must be housed separately.(4.1) The kennel in which the primary enclosure is located shall establish a veterinarian-client-patient relationship.(5) The kennel in which the primary enclosure is located shall establish a written program of veterinary care, which shall include a physical examination and vaccination schedule, a protocol for disease control and prevention, pest and parasite control, nutrition and euthanasia. A copy of the program shall be kept in the kennel records.(6) Housing facilities for dogs must be sufficiently heated and cooled to protect the dogs from temperature or humidity extremes and to provide for their health and well-being. If dogs are present, the ambient temperature in the facility must not fall below 50 degrees F. The ambient temperature must not rise above 85 degrees F when dogs are present, unless the requirements of paragraph (7) are met.(7) Housing facilities for dogs must be sufficiently ventilated at all times when dogs are present to provide for their health and well-being and to minimize odors, drafts, ammonia levels and to prevent moisture condensation. The Canine Health Board shall determine auxiliary ventilation to be provided if the ambient air temperature is 85 degrees F or higher. The relative humidity must be maintained at a level that ensures the health and well-being of the dogs housed therein. The appropriate ventilation, humidity and ammonia ranges shall be determined by the Canine Health Board.(8) Housing facilities for dogs must be lighted well enough to permit routine inspection and cleaning of the facility and observation of the dogs. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout housing facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning and observation of animals at any time and for the well-being of the animals. Primary enclosures must be placed so as to protect the dogs from excessive light. The appropriate lighting ranges shall be determined by the Canine Health Board.(9) The floors and walls of primary enclosures must be impervious to moisture. The ceilings of indoor housing facilities must be impervious to moisture or be replaceable.(10) All dogs must be provided with adequate food that is clean and free from contaminants.(11) All dogs must be removed from the primary enclosure when the primary enclosure is cleaned in accordance with paragraph (14)(iv).(12) Primary enclosures may not be stacked more than two rows high, and the bottom of the uppermost primary enclosure may not be more than four and one-half feet off the housing facility floor. Where the primary enclosures are stacked, a tray or other department-approved device which will prevent urine, feces and other debris from passing into or being discharged into the underlying primary enclosure shall be placed under the upper primary enclosures. The tray or approved device must be impermeable to water and capable of being easily sanitized.(13) All kennels shall be equipped with a smoke alarm and shall have a means of fire suppression, such as fire extinguishers or a sprinkler system on the premises.(14) The following shall apply: (i) Excreta, feces, hair, dirt, debris and food waste must be removed from primary enclosures at least daily or more often if necessary to prevent an accumulation of excreta, feces, hair, dirt, debris and food waste to prevent soiling of dogs contained in the primary enclosures and to reduce disease hazards, insects, pests and odors.(ii) Used primary enclosures and food and water receptacles must be cleaned and sanitized in accordance with this section before they can be used to house, feed or water another dog or grouping of dogs.(iii) Used primary enclosures and food and water receptacles for dogs must be sanitized at least once every two weeks using one of the methods under subparagraph (iv) and more often if necessary to prevent an accumulation of excreta, feces, hair, dirt, debris, food waste and other disease hazards.(iv) Hard surfaces of primary enclosures and food and water receptacles must be sanitized using one of the following methods:(A) Live steam under pressure.(B) Washing with water with a temperature of at least 180 degrees F and soap or detergent, as with a mechanical cage washer.(C) Washing all soiled surfaces with appropriate detergent solutions and disinfectant or by using a combination detergent or disinfection product that accomplishes the same purpose with a thorough cleaning of the surfaces to remove excreta, feces, hair, dirt, debris and food waste so as to remove all organic material and mineral buildup and to provide sanitization followed by a clean water rinse.(v) Primary enclosures, exercise areas and housing facilities using material that cannot be sanitized using the methods under subparagraph (iv) must be made sanitary by removing the contaminated material as necessary to prevent odors, diseases, pests, insects and vermin infestation.(vi) Premises where primary enclosures are located, including buildings and surrounding grounds, must be kept clean and in good repair to protect the animals from injury, to facilitate the husbandry practices required in this act and to reduce or eliminate breeding and living areas for rodents and other pests and vermin. Premises must be kept free of accumulations of trash, junk, waste products and discarded matter. Weeds, grasses and bushes must be controlled so as to facilitate cleaning of the premises and pest control and to protect the health and well-being of the animals.(vii) An effective program for the control of insects, external parasites affecting dogs or pests must be established and maintained so as to promote the health and well-being of the dogs and reduce contamination by pests in housing facilities.(15) For each dog in a kennel, a permanent record shall be kept and made readily available for inspection. The record shall contain all of the following information: (i) The date of birth of the dog.(ii) The date of the last rabies vaccination.(iii) The date of the dog's last veterinarian check.(16) All veterinarian records shall be kept for two years after the dog has left the care of the facility.(17) Notwithstanding any law, a dog may not be euthanized except by a veterinarian.(18) All laws and regulations pertaining to kennel conditions enforced prior to the effective date of this paragraph shall remain in force until the effective date of the remainder of this subsection or of the period of time established by a waiver under subsection (j), whichever is longer. This paragraph shall not apply to paragraph (17).(i) Additional requirements for Kennel Class C license holders only.-- The following shall apply only to dogs over 12 weeks of age in Kennel Class C kennels: (1) A dog housed in a primary enclosure must be provided a minimum amount of floor space in the primary enclosure, calculated as provided under this subparagraph: Find the mathematical square of the sum of the length of the dog in inches, measured in a straight line from the tip of its nose to the base of its tail, plus six inches, then divide the product by 144, then multiply by 2. The calculation is: (length of dog in inches + 6)(length of dog in inches + 6) = required floor space in square inches. Required floor space in inches/144 x 2 = required floor space in square feet. For the second dog placed in the primary enclosure the minimum floor space shall be doubled. The floor space shall be calculated using the longest dog. For each dog above two, the minimum floor space shall be multiplied by 1.5 per additional dog.(2) Primary enclosures must be placed no higher than 30 inches above the floor of the housing facility and may not be placed over or stacked on top of another cage or primary enclosure.(3)(i) The floor of the primary enclosure shall be strong enough so that the floor does not sag or bend between the structural supports, shall not be able to be destroyed through digging or chewing by the dogs housed in the primary enclosure, shall not permit the feet of any dog housed in the primary enclosure to pass through any opening, shall not be metal strand whether or not it is coated, shall allow for moderate drainage of fluids and shall not be sloped more than 0.25 inches per foot.(ii) Except as set forth in subparagraph (iii), flooring constructed with slats meeting all of the following conditions shall be acceptable:(B) Have spaces between them that are no more than 0.5 inch in width.(C) Have spaces between them that run the length or the width of the floor, but not both.(D) Be no less than 3.5 inches in width.(E) Be level with the slat next to it within a single primary enclosure.(iii) Additional flooring options that meet the provisions of subparagraph (i) may be approved by the Canine Health Board.(4) Except as provided in paragraph (5), each primary enclosure shall have an entryway that will allow the dog unfettered clearance out of the enclosure to an exercise area under paragraph (6) unless the enclosure is closed for active cleaning under subsection (h)(11) or by order of a veterinarian under paragraph (6)(xi).(5) The Canine Health Board established in section 221 may, upon a request from a kennel owner, provide on a case-by-case basis for an alternative means of allowing clearance from a primary enclosure to the exercise area or exercise that is required in paragraphs (4) and (6)(i) if the kennel owner presents the board with a plan that the board determines is verifiable, enforceable and provides for exercise equal to or greater than that which the dogs would receive under paragraphs (4) and (6)(i). The board shall meet within 60 days of a request submitted or sooner if necessary.(6) Exercise requirements shall be as follows:(i) Except as provided in paragraph (5), the exercise area must allow for unfettered clearance for dogs from their primary enclosure.(ii) The exercise area must be at least twice the size of the primary enclosure under paragraph (1).(iii) The exercise area must have adequate means to prevent dogs from escaping.(iv) The exercise area fencing must be kept in good repair and be free of rust, jagged edges or other defects that could cause injury to the dogs.(v) The exercise area shall be cleaned in accordance with the requirements under subsection (h)(14).(vi) Dogs must not be placed in the area in a manner that would cause injury to the dogs.(vii) Compatible dogs, as determined under subsection (h)(4), may be exercised together.(viii) Nursing bitches and their puppies shall be exercised separately from other dogs.(ix) The exercise area must be on ground level and the ground of the exercise area must be solid and maintainable. Surfaces such as gravel, packed earth and grass which are solid and maintainable may be utilized.(x)(A) Except as provided under clause (B), the exercise area must be outdoors.(B) Any licensed kennel operating as of the effective date of this clause, where local zoning or other ordinance requirements or a decision of the applicable zoning hearing board or other municipal body with jurisdiction prohibits further expansion of the kennel use to include the required outdoor exercise area, may apply to the department within 180 days after the effective date of this clause for approval to construct the required exercise area indoors. The department shall notify the applicant by certified mail of approval or disapproval within 30 days of receipt of the application. The department shall not require that the licensed kennel appeal the decision of a zoning hearing board or other municipal body with jurisdiction to interpret a local ordinance as a condition of application or approval. Denial by the department of an application for an indoor exercise area shall be appealable in the same manner and according to the same procedures set forth undersection 211(c). While an appeal is pending and until final conclusion of the appeal, the kennel shall not be considered in violation of this act for failure to have the required exercise area. The required exercise area shall be constructed within 90 days of the final conclusion of an appeal under this clause or within one year of the effective date of this clause, whichever is later.(xi) If, in the opinion of the veterinarian, it is inappropriate for a dog to exercise because of its health, condition or well-being, this paragraph shall not apply with respect to that dog. Such a determination must be documented by the veterinarian and, unless the basis for determination is a permanent condition, shall be reviewed at least every 30 days by the veterinarian and updated as necessary. Records of determinations shall be maintained by the kennel.(xii) Forced exercise methods or devices such as swimming, treadmills or carousel-type devices shall not meet the exercise requirements of this paragraph.(7) Rabies vaccinations may only be administered by or under the supervision of a veterinarian.(8) A dog shall be examined by a veterinarian at least once every six months. During the examination, the veterinarian shall use appropriate methods to prevent, control, diagnose and treat diseases and injuries.(j) Waiver.--(1) The secretary may waive the applicability of subsection (h)(1) through (16) and (i) if one of the following subparagraphs applies:(i) The kennel owner:(A) has not been convicted of, pled guilty to or pled no contest to a violation under this act within the three years preceding the effective date of this subsection; and(B) has made substantial structural improvements to the housing facility of the kennel within the three years prior to the effective date of this subsection.(ii) The kennel owner: (A) has not been convicted of, pled guilty to or pled no contest to a violation under this act within the three years preceding the effective date of this subsection;(B) is making a good faith effort to comply with the requirements of this act but is not in compliance because of a circumstance beyond the kennel owner's control; and(C) makes a showing of reasonable expectation that compliance can be achieved through the granting of an extension as determined by the secretary.(2) A waiver under paragraph (1)(i) shall apply for the lesser of:(i) the time set by the secretary; or(3) A waiver under paragraph (1)(ii) shall apply for the time set by the secretary.(4) A waiver may be only granted under paragraph (1)(i) or (ii), but not both.(5) A kennel owner must make an application under this subsection to the department in a manner prescribed by the department within one year of the effective date of this subsection, except that the secretary may consider a request for an extension of a waiver previously granted under paragraph (1)(ii) after this time period.Amended by P.L. TBD 2023 No. 18, § 3, eff. 1/22/2024.1982, Dec. 7, P.L. 784, No. 225, art. II, § 207, effective 1/1/1983. Amended 1996, Dec. 11, P.L. 943, No. 151, § 5, effective in 60 days; 2008, Oct. 9, P.L. 1450, No. 119, § 4.