A BILL TO BE ENTITLED
AN ACT to regulate the euthanasia of animals and to prohibit specified methods of euthanasia of animals.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 19A‑23(9) is repealed.
SECTION 2.  G.S. 19A‑24(5) reads as rewritten:
"§ 19A‑24.  Powers of Board of Agriculture.
The Board of Agriculture shall:
…
(5)	Adopt rules on the euthanasia of animals in the  possession, custody, or control of any person required to obtain a certificate of registration under  G.S. 19A‑26. The rules shall, effective until January 1, 2011, be consistent with the method and delivery of method approved by the American Veterinary Medical Association, the Humane Society of the United States, or the American Humane Association, but beginning January 1, 2011, shall be consistent with the restrictions on euthanasia contained in G.S. 19A‑26.1 and shall address the anaesthetizing of animals prior to, or concurrently with, euthanasia by injection. The rules shall require that, when the gas method of euthanasia is used, (i)  only commercially compressed manufactured carbon monoxide gas is approved for use, and (ii) the gas must be delivered in a commercially manufactured chamber that allows for the individual separation of animals. Rules shall also mandate training for any person who participates in the euthanasia process."
SECTION 3.  Article 3 of Chapter 19A of the General Statutes is amended by adding a new section to read:
"§ 19A‑26.1.  Euthanasia of shelter animals.
(a)	This section applies to the euthanizing or putting to death of animals:
(1)	In possession or custody of an animal shelter;
(2)	In possession or custody of a person providing foster care at the request of an animal shelter that previously had possession of the animal; and
(3)	Removed from an animal shelter or from a person providing foster care for the purpose of being euthanized or put to death.
(b)	Except as otherwise provided in this section, the following methods of euthanasia are expressly prohibited for animals covered by this section:
(1)	Intracardial injection or heartstick;
(2)	Use of succinycholine chloride, curare, curariform mixtures, or any substance that acts as a neuromuscular blocking agent;
(3)	Electrocution;
(4)	Blow to the head by metal bolt or other instrument;
(5)	Drowning; and
(6)	Use of a firearm.
(c)	Livestock may be put to death by a method approved by the federal Humane Slaughter Act, 7 U.S.C. Sections 1901 through 1906, as amended.
(d)	An animal may be put to death with the use of a firearm only in cases of emergency in which the animal presents an immediate danger to a human or another animal."
SECTION 4.  Effective January 1, 2011, G.S. 19A‑26.1, as enacted by Section 3 of this act, reads as rewritten:
"§ 19A‑26.1.  Euthanasia of shelter animals.
(a)	This section applies to the euthanizing or putting to death of animals:
(1)	In possession or custody of an animal shelter;
(2)	In possession or custody of a person providing foster care at the request of the animal shelter which previously had possession of the animal; and
(3)	Removed from an animal shelter or from a person providing foster care for the purpose of being euthanized or put to death.
(a1)	Euthanasia of dogs, cats, including feral cats, or other companion animals shall be accomplished only by a lethal injection of sodium pentobarbital or a derivative of sodium pentobarbital or other pharmaceutical approved for euthanasia by injection by the American Veterinary Medical Association or the Humane Society of the United States, using a procedure that results in rapid unconsciousness and death. Animals shall be anaesthetized prior to, or concurrently with, the receiving of a lethal injection pursuant to rules adopted by the Board of Agriculture.
(b)	Except as otherwise provided in this section, the following methods of euthanasia are expressly prohibited for animals covered by this section:
(1)	Use of carbon monoxide, carbon dioxide, or other gas;
(2)	Intracardial injection or heartstick;
(3)	Use of succinycholine chloride, curare, curariform mixtures, or any substance that acts as a neuromuscular blocking agent;
(4)	Electrocution;
(5)	Blow to the head by metal bolt or other instrument;
(6)	Drowning; and
(7)	Use of a firearm.
(b1)	Wild animals (ferae naturae) may be put to death by use of carbon monoxide gas in accordance with rules made by the Board of Agriculture pursuant to G.S. 19A‑24(5) if the operator of the animal shelter determines that euthanasia of a wild animal by lethal injection would risk harm to a human or to another animal. This subsection does not apply to wild animals that have been domesticated and treated as pets.
(c)	Livestock may be put to death by a method approved by the federal Humane Slaughter Act, 7 U.S.C. Sections 1901 through 1906, as amended.
(d)	An animal may be put to death with the use of a firearm only in cases of emergency in which the animal presents an immediate danger to a human or another animal."
SECTION 5.  G.S. 130A‑192 reads as rewritten:
"§ 130A‑192.  Dogs and cats not wearing required rabies vaccination tags.
The Animal Control Officer shall canvass the county to determine if there are any dogs or cats not wearing the required rabies vaccination tag. If a dog or cat is found not wearing the required tag, the Animal Control Officer shall check to see if the owner's identification can be found on the animal. If the animal is wearing an owner identification tag, or if the Animal Control Officer otherwise knows who the owner is, the Animal Control Officer shall notify the owner in writing to have the animal vaccinated against rabies and to produce the required rabies vaccination certificate to the Animal Control Officer within three days of the notification. If the animal is not wearing an owner identification tag and the Animal Control Officer does not otherwise know who the owner is, the Animal Control Officer may impound the animal. The duration of the impoundment of these animals shall be established by the county board of commissioners, but the duration shall not be less than 72 hours. During the impoundment period, the Animal Control Officer shall make a reasonable effort to locate the owner of the animal. If the animal is not reclaimed by its owner during the impoundment period, the animal shall be disposed of in one of the following manners:
(1)	Returned to the owner;
(2)	Adopted as a pet by a new owner;
(3)	Sold to institutions within this State registered by the United States Department of Agriculture pursuant to the Federal Animal Welfare Act, as amended; or 
(4)	Euthanized by a legally‑authorized procedure.
The Animal Control Officer shall maintain a record of all animals impounded under this section which shall include the date of impoundment, the length of impoundment, the method of disposal of the animal and the name of the person or institution to whom any animal has been released."
SECTION 6.  Section 4 of this act becomes effective January 1, 2011. The remainder of this act becomes effective October 1, 2009.