Rules of Department of Agriculture...cle, dish or container; (C) Adequate housing means the...

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CODE OF STATE REGULATIONS 1 MATT BLUNT (11/30/03) Secretary of State Rules of Department of Agriculture Division 30Animal Health Chapter 9Animal Care Facilities Title Page 2 CSR 30-9.010 Animal Care Facilities Definitions ..........................................................3 2 CSR 30-9.020 Animal Care Facility Rules Governing Licensing, Fees, Reports, RecordKeeping, Veterinary Care, Identification and Holding Period ................5 2 CSR 30-9.030 Animal Care Facilities Minimum Standards of Operation and Transportation .....14

Transcript of Rules of Department of Agriculture...cle, dish or container; (C) Adequate housing means the...

Page 1: Rules of Department of Agriculture...cle, dish or container; (C) Adequate housing means the continu-ous provision of a sanitary facility, protection from the extremes of weather conditions,

CODE OF STATE REGULATIONS 1MATT BLUNT (11/30/03)Secretary of State

Rules of

Department of AgricultureDivision 30�Animal Health

Chapter 9�Animal Care Facilities

Title Page

2 CSR 30-9.010 Animal Care Facilities Definitions ..........................................................3

2 CSR 30-9.020 Animal Care Facility Rules Governing Licensing, Fees, Reports,Record Keeping, Veterinary Care, Identification and Holding Period................5

2 CSR 30-9.030 Animal Care Facilities Minimum Standards of Operation and Transportation .....14

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Title 2�DEPARTMENT OFAGRICULTURE

Division 30�Animal HealthChapter 9�Animal Care Facilities

2 CSR 30-9.010 Animal Care FacilitiesDefinitions

PURPOSE: This rule defines terms used inlicensing, operating and inspecting animalcare facilities.

(1) The terms defined in section 273.325,RSMo in addition to other relative terms per-taining to animal care are incorporated byreference for use in 2 CSR 30-9.020 and 2CSR 30-9.030.

(2) Definitions. As used in 2 CSR 30-9.020and 2 CSR 30-9.030, the following termsshall mean:

(A) ACFA means the Animal Care Facili-ties Act;

(B) Adequate food means the provision, atsuitable intervals of not more than twelve (12)hours, unless the dietary requirements of thespecies requires a longer interval, of a quan-tity of wholesome foodstuff, suitable for thespecies and age, enough to maintain a rea-sonable level of nutrition in each animal. Allfoodstuffs must be served in a safe recepta-cle, dish or container;

(C) Adequate housing means the continu-ous provision of a sanitary facility, protectionfrom the extremes of weather conditions,proper ventilation and appropriate space(depending on the species of animal) asdefined by the regulations of the UnitedStates Department of Agriculture (USDA)and this rule;

(D) Adequate water means the provision ofa supply of potable water in a safe receptacle,dish or container. Water shall be providedcontinuously or at intervals suitable to thespecies (intervals shall not exceed eight (8)hours);

(E) Adopter means a person who is legallycompetent to enter into a contract and who isadopting or buying a dog or cat from a releas-ing agency;

(F) Adult animal means any dog or cat thathas reached the age of one hundred eighty(180) days or six (6) months or more;

(G) Animal means any dog or cat used orintended for use for research, teaching, test-ing, breeding, exhibition purposes or as apet;

(H) Animal shelter means a facility used tohouse or contain animals, operated or main-tained by an incorporated humane society,animal welfare society, society for the pre-vention of cruelty to animals or other not-for-

profit organization. An animal shelter isdevoted to the welfare, protection andhumane treatment of animals; or a personwhose primary purpose is to act as an animalrescue, to collect and care for unwanted ani-mals or to offer them for adoption is alsoincluded in this definition;

(I) Animal welfare official means anylicensed veterinarian designated by and underthe supervision of the state veterinarian, whoadministers or assists in the administration ofthe ACFA, or any appointee of the directorand shall include all deputy state veterinari-ans;

(J) Attending veterinarian means any Doc-tor of Veterinary Medicine who has a validlicense to practice veterinary medicine inMissouri issued by the Missouri VeterinaryMedical Board and who has a written agree-ment to perform specified services for alicensee;

(K) Auction means any person selling anyconsignment of dog(s) or cat(s) to the highestbidder. This shall include any means, proce-dure or practice in which the ownership of adog or cat is conveyed from one (1) person toanother by any type or method of biddingprocess. Auction sales shall be considered asbrokers and must be licensed as dealers underthe ACFA;

(L) Boarding kennel means a place orestablishment, other than a pound or animalshelter where animals, not owned by the pro-prietor, are sheltered, fed and watered inreturn for a consideration. This term shallinclude all boarding activities regardless ofname used, such as but not limited to pet sit-ters. However, boarding kennel shall notinclude hobby or show breeders who boardintact females for a period of time for the solepurpose of breeding the intact females, andshall not include individuals who temporari-ly, and not in the normal course of business,board or care for animals owned by otherindividuals;

(M) Business hours means a reasonablenumber of hours between seven o�clock in themorning and seven o�clock in the evening(7:00 a.m.�7:00 p.m.), Monday throughFriday, except legal state holidays, each weekof the year, during which inspections may bemade;

(N) Carrier means the operator of any air-line, aircraft, railroad, motor carrier, ship-ping line or other enterprise which is engagedin the business of transporting any animalsfor hire;

(O) Cat means any live or dead Felis catus; (P) Commercial breeder means a person,

other than a hobby or show breeder, engagedin the business of breeding animals for sale orfor exchange in return for a consideration,

and who harbors more than three (3) intactfemales for the primary purpose of breedinganimals for sale. Persons engaged in breedingdogs and cats who harbor three (3) or lessintact females shall be exempt from thelicense requirement;

(Q) Commercial kennel means any kennelwhich performs grooming or training ser-vices for animals, and may or may not renderboarding services in return for a considera-tion;

(R) Contract kennel means any facilityoperated by any person or entity other thanthe state or any political subdivision of thestate, for the purpose of impounding or har-boring seized, stray, homeless, abandoned orunwanted animals, on behalf of and pursuantto a contract with the state or any politicalsubdivision;

(S) Dealer means any person who isengaged in the business of buying for resale,selling or exchanging animals, as a principalor agent, or who holds him/herself out to beso engaged or is otherwise classified as adealer by the USDA as defined by the regula-tions of the USDA. A dealer shall purchaseanimals only from persons in the state whoare licensed under the ACFA, or from per-sons who are exempt from licensure;

(T) Director means the director of the Mis-souri Department of Agriculture;

(U) Dog means any live or dead Canisfamiliaris;

(V) Euthanasia means the act of putting ananimal to death in a humane manner and shallbe accomplished by a method specified asacceptable by the American Veterinary Med-ical Association Panel on Euthanasia;

(W) Exhibitor means any person (public orprivate) exhibiting any dog or cat to the pub-lic for compensation or for a consideration ofany kind whether directly or indirectly. Thisterm excludes pet shops who are exhibitingonly the animals for sale to the general pub-lic if exhibited only within the licensed facil-ity;

(X) Exotic animals for the purpose of theACFA means any member of the familiesCanidae or Felidae not indigenous to Mis-souri or any hybrid descendant of any mem-ber of the families Canidae or Felidaecrossed with any Canis familiaris or Feliscatus;

(Y) Hobby or show breeder means a non-commercial breeder who breeds dogs or catswith the primary purpose of exhibiting orshowing dogs or cats, improving the breed orselling the dogs or cats, and having no morethan ten (10) intact females. These breedersshall be classified as a hobby or show breed-er if they sell only to other breeders or toindividuals. Hobby or show breeders are

CODE OF STATE REGULATIONS 3MATT BLUNT (11/30/03)Secretary of State

Chapter 9�Animal Care Facilities 2 CSR 30-9

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exempt from the licensure and inspectionrequirements, but must register annually withthe director for the purpose of establishingthat these persons are hobby or show breed-ers, at no cost to the hobby or show breeders.A breeder who buys or sells any animal forthe primary purpose of resale does not quali-fy as a hobby or show breeder.

1. Registered hobby or show breedersare those meeting the definition in this sub-section.

2. Licensed hobby or show breeders arethose meeting the definition in this subsectionwith the exception of having more than ten(10) intact females. Licensed hobby or showbreeders shall be required to pay the samelicense and per capita fees and meet the samerules, standards and inspection requirementsas the commercial breeders;

(Z) Housing facility means any land, premis-es, shed, barn, building, trailer or otherstructure or area, housing or intended tohouse animals;

(AA) Impervious surface means a surfacethat does not permit the absorption of fluids;

(BB) Indoor housing facility means anystructure or building with environmental con-trols, housing or intended to house animalsand meeting the following requirements:

1. It must be capable of controlling thetemperature within the building or structurewithin the limits set forth for that species ofanimal, of maintaining humidity levels ofthirty to seventy percent (30�70%) and ofrapidly eliminating odors from within thebuilding;

2. It must be an enclosure created by thecontinuous connection of a roof, floor andwalls (a shed or barn set on top of the grounddoes not have a continuous connectionbetween the walls and the ground unless afoundation and floor are provided); and

3. It must have at least one (1) door forentry and exit that can be opened and closed(any windows or openings which provide nat-ural light must be covered with a transparentmaterial such as glass or hard plastic);

(CC) Inspector means any personemployed by the department who is autho-rized to perform a function under the ACFAand these rules, or any animal welfare officialas defined in this rule;

(DD) Intact female means, with respect tothe dog, a female between the ages of six (6)months and ten (10) years that can be bred.With respect to the cat, a female between theages of six (6) months and eight (8) years thatcan be bred;

(EE) Intermediate handler means any per-son engaged in any business in which s/hereceives custody of animals through board-

ing, ownership or brokering in connectionwith their transportation in commerce. Inter-mediate handlers shall be licensed underauthority of the ACFA. Persons licensedunder the ACFA who are transporting ani-mals only in the normal course of conductingtheir licensed business shall not be requiredto be licensed as an intermediate handler, butshall be subject to all transportation regula-tions and standards;

(FF) Licensee means any animal shelter,boarding kennel, commercial breeder, com-mercial kennel, contract kennel, dealer, inter-mediate handler, pet shop, pound or dogpound licensed according to the provisions ofthe ACFA;

(GG) Outdoor housing facility means anystructure, building, land or premises, housingor intended to house animals, which does notmeet the definition of any other type of hous-ing facility provided in the rules, and inwhich temperatures cannot be controlledwithin set limits;

(HH) Person means any individual, part-nership, firm, joint stock company, corpora-tion, association, trust, estate or other legalentity;

(II) Pet shop means any facility where ani-mals are bought, sold, exchanged or offeredfor retail sale to the general public;

(JJ) Pound or dog pound means a facilityoperated by the state or any political subdivi-sion of the state for the purpose of impound-ing or harboring seized, stray, homeless,abandoned or unwanted animals;

(KK) Primary enclosure means any struc-ture or device used to restrict an animal(s) toa limited amount of space, such as a room,pen, run, cage, compartment, pool, hutch ortether. In the case of animals restricted by atether (for example, dogs on chains) itincludes the shelter and the area within reachof the tether;

(LL) Registrant means any hobby or showbreeder who has properly registered with thedirector according to the provisions of theACFA;

(MM) Sanitize means to make physicallyclean and to remove and destroy, to the max-imum degree that is practical, agents injuri-ous to health;

(NN) Sheltered housing facility means ahousing facility which provides the animalwith shelter, protection from the elementsand protection from temperature extremes atall times. A sheltered housing facility mayconsist of runs or pens totally enclosed in abarn or building, or of connecting inside/out-side runs or pens with the inside pens in atotally enclosed building;

(OO) Standards means the requirementswith respect to humane housing, exhibiting,

handling care, treatment, temperature andtransportation of animals by animal shelters,boarding kennels, commercial breeders, com-mercial kennels, contract kennels, dealers,intermediate handlers, exhibitors, pet shopsand pounds or dog pounds as set forth in 2CSR 30-9;

(PP) State means Missouri; (QQ) State veterinarian means the state

veterinarian of Missouri; (RR) Transporting vehicle means any

truck, car, trailer, airplane, ship or railroadcar used for transporting animals;

(SS) USDA means the United StatesDepartment of Agriculture; and

(TT) Weaned means that an animal hasbecome accustomed to taking solid food andhas done so, without nursing, for a period ofat least five (5) days.

(3) Index.Terms defined�section (1)Definitions�section (2)

ACFA�section (2), subsection (A)Adequate food�section (2), subsection

(B)Adequate housing�section (2), subsec-

tion (C)Adequate water�section (2), subsection

(D)Adopter�section (2), subsection (E)Adult animal�section (2), subsection

(F)Animal�section (2), subsection (G)Animal shelter�section (2), subsection

(H)Animal welfare official�section (2),

subsection (I)Attending veterinarian�section (2),

subsection (J)Auction�section (2), subsection (K)Boarding kennel�section (2), subsec-

tion (L)Business hours�section (2), subsection

(M)Carrier�section (2), subsection (N)Cat�section (2), subsection (O)Commercial breeder�section (2), sub-

section (P)Commercial kennel�section (2), sub-

section (Q)Contract kennel�section (2), subsection

(R)Dealer�section (2), subsection (S)Director�section (2), subsection (T)Dog�section (2), subsection (U)Euthanasia�section (2), subsection (V)Exhibitor�section (2), subsection (W)Exotic animals�section (2), subsection

(X)Hobby or show breeder�section (2),

subsection (Y)

4 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

2 CSR 30-9�DEPARTMENT OF AGRICULTURE Division 30�Animal Health

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CODE OF STATE REGULATIONS 5MATT BLUNT (11/30/03)Secretary of State

Chapter 9�Animal Care Facilities 2 CSR 30-9

Housing facility�section (2), subsection(Z)

Impervious surface�section (2), sub-section (AA)

Indoor housing facility�section (2),subsection (BB)

Inspector�section (2), subsection (CC)Intact female�section (2), subsection

(DD)Intermediate handler�section (2), sub-

section (EE)Licensee�section (2), subsection (FF)Outdoor housing facility�section (2),

subsection (GG)Person�section (2), subsection (HH)Pet shop�section (2), subsection (II)Pound or dog pound�section (2), sub-

section (JJ)Primary enclosure�section (2), subsec-

tion (KK)Registrant�section (2), subsection (LL)Sanitize�section (2), subsection (MM)Sheltered housing facility�section (2),

subsection (NN)Standards�section (2), subsection (OO)State�section (2), subsection (PP)State veterinarian�section (2), subsec-

tion (QQ)Transporting vehicle�section (2), sub-

section (RR)USDA�section (2), subsection (SS)Weaned�section (2), subsection (TT)

AUTHORITY: sections 273.344 and 273.346,RSMo 1994.* Original rule filed Jan. 13,1993, effective Aug. 28, 1994. Amended:Filed Oct. 24, 1994, effective May 28, 1995.

*Original authority: 273.514, RSMo 1992, 273.346,RSMo 1992. 1992.0

2 CSR 30-9.020 Animal Care FacilityRules Governing Licensing, Fees, Reports,Record Keeping, Veterinary Care, Identifi-cation and Holding Period

PURPOSE: This rule sets forth the standardsand requirements for the licensing and oper-ation of animal care facilities.

PUBLISHER�S NOTE: The secretary of statehas determined that the publication of theentire text of the material, which is incorpo-rated by reference as a portion of this rule,would be unduly cumbersome or expensive.Therefore, the material, which is so incorpo-rated, is on file with the agency who filed thisrule, and with the Office of the Secretary ofState. Any interested person may view thismaterial at either agency�s headquarters orthe same will be made available at the Officeof the Secretary of State at a cost not to

exceed actual cost of copy reproduction. Theentire text of the rule is printed here. Thisnote refers only to the incorporated by refer-ence material. The publication for 2000Report of the AVBMA Panel in Eutanasiacan be accessed at http://www.avma.org.

(1) Application For License and Conditionsof Issuing.

(A) Any person or organization operatingan animal shelter, boarding kennel, commer-cial kennel, contract kennel, pet shop, poundor dog pound, or acting as a dealer, commer-cial breeder, intermediate handler orexhibitor in Missouri, must have a validlicense issued by the director in accordancewith the Animal Care Facilities Act (ACFA).

(B) Any person seeking a license under theprovisions of the ACFA shall apply on a formfurnished by the director. An individual mustbe at least eighteen (18) years of age to beissued a valid license. The applicant shallprovide all information requested on theapplication form, including a valid mailingaddress through which the licensee or appli-cant can always be reached, and a validpremises address where animals, animalfacilities, equipment and records shall beinspected for compliance. All premises, facil-ities or sites where a person operates, has aninterest in or keeps animals shall be shown onthe application form or on a separate sheetattached to it. The applicant shall file thecompleted application form with the director.Applications must be accompanied with theappropriate fee as required in section (2) ofthis rule.

(C) An applicant shall obtain a separatelicense for each separate physical facilityrequiring a license according to the ACFA.

(D) The following persons are exempt fromthe licensing fees and inspection require-ments:

1. Persons engaged in breeding dogs andcats who harbor three (3) or less intactfemales; and

2. Registered hobby and show breeders. (E) The following facilities are exempt

from the licensing fees but must meet allother standards in 2 CSR 30-9, and will beinspected at least annually:

1. Animal shelters; and 2. Pounds or dog pounds.

(F) Any person exempt from the licensingrequirements may voluntarily apply for alicense, but shall agree in writing to complywith the requirements set forth in the specifi-cations for humane handling, care, treatmentand transportation of dogs and cats. Eachperson shall comply with all rules and stan-dards of the ACFA. A voluntary license may

be surrendered at any time the licensee sodesires.

(G) A license shall be issued to any appli-cant, who has met the requirements of theACFA, has paid the required annual licensefee and the provisional license fee (ifrequired) and has passed the initial or annualinspection.

(H) The director may refuse to issue orrenew or may revoke or suspend a license onany one (1) or more of the following grounds:

1. Material and deliberate misstatementon the application for any original license orfor any renewal license;

2. Conviction of any violation of anystate or federal law on the disposition ortreatment of animals;

3. The failure of any person to complywith any provision of the ACFA, or any of theprovisions of the standards in 2 CSR 30-9; or

4. The refusal to allow the inspector freeand unrestricted access to inspect any ACFArequired records, or any animal, premises,facility, area, equipment or vehicle.

(I) An applicant whose check is returnedby the bank will be charged a fee of fifteendollars ($15) for each returned check. One(1) returned check will be deemed nonpay-ment of fees and will result in denial oflicense. Payment of fees must then be madeby certified check, cashier�s check or moneyorder. An applicant shall not receive a licenseuntil payment has cleared normal bankingprocedures. A delay of up to thirty (30) daysor more may be expected if a personal checkis used for payment of fees.

(J) Operation of an animal shelter, board-ing kennel, commercial kennel, contract ken-nel, pet shop, pound or dog pound, or activ-ity as a commercial breeder, dealer,intermediate handler or exhibitor (other thana limited show or exhibit) without a validlicense is a class A misdemeanor.

(K) All premises licensed under the ACFAshall be inspected at least once each year, orupon a complaint to the department about aparticular facility. The validity of the com-plaint will be determined by the state veteri-narian.

(L) All licensees or applicants for a licenseor license renewal must make his/her facili-ties, animals, premises and records availablefor inspection during business hours or atother times mutually agreeable, in writing, tothe applicant and the animal welfare officialdesignated by the state veterinarian. Thelicensee or applicant shall also provide theinspector with sufficient space and facilities,such as a room, a table and a chair to use inexamining records and writing his/her report.If the licensee�s or applicant�s facilities, ani-mals, premises, procedures or records do not

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6 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

2 CSR 30-9�DEPARTMENT OF AGRICULTURE Division 30�Animal Health

meet the requirements in 2 CSR 30-9, theapplicant will be advised in writing of exist-ing deficiencies and the corrective measuresthat must be completed in a timely manner tobe in compliance with the standards in 2 CSR30-9. Persons or facilities which subsequent-ly fail two (2) consecutive reinspections foran original violation shall be charged a fee ofone hundred dollars ($100), which shall bepaid before subsequent inspections will bemade or the renewal of that person�s or facil-ity�s license.

(M) A licensee or applicant for a licenseshall not interfere with, threaten, abuse(including verbal abuse) or harass any inspec-tor, state or federal official while carrying outhis/her duties.

(N) A license shall be issued to specificpersons for specific premises, facilities andoperations, and do not transfer upon changeof ownership or any other significant changeof business or operation nor are they valid ata different location. Otherwise, a licenseissued under 2 CSR 30-9 shall be valid andeffective unless�

1. The license has been revoked or sus-pended pursuant to section 273.329, RSMo;

2. The license is voluntarily terminatedby the written request of the licensee to thedirector;

3. The license has expired or has other-wise been terminated under 2 CSR 30-9; or

4. The applicant did not pay the licensefee as required.

(O) There will be no refund of fees if alicense is terminated for any reason before itsexpiration.

(P) Licensees must accept delivery of reg-istered mail or certified mail notice and pro-vide the director notice of any change ofaddress.

(Q) All licenses will expire on January 31each year and will automatically terminate atmidnight on that date unless the properlycompleted application with the appropriatefee has been received by the director. A per-son whose license has been automatically ter-minated shall not conduct any activity forwhich a license is required by the ACFA untilall requirements for issuing the license havebeen met and a valid license has been dulyissued.

(R) Any person who seeks the reinstate-ment of a license that has been automaticallyterminated must follow the procedure appli-cable to new applicants for a license.

(S) A license which is invalid under 2 CSR30-9 shall be surrendered to the director. Ifthe license cannot be found, the licensee shallprovide a written statement so stating to thedirector.

(T) Contested cases and other mattersinvolving licensees and the director, or hisdesignee, may be informally resolved by con-sent agreement, settlement, stipulation, con-sent order, or default.

(2) License Fees. (A) In addition to the application for a

license or license renewal, each person shallsubmit to the director the annual license feeand provisional license fee (if required) pre-scribed in this section, which shows themethod used to calculate the appropriate fee.The license fee shall be computed in accor-dance with the following and based upon theprevious year�s business:

1. Animal shelter�No fee, but mustmeet the standards in 2 CSR 30-9;

2. Pound/dog pound�No fee, but mustmeet the standards in 2 CSR 30-9;

3. Commercial kennel�One hundreddollars ($100), plus the annual commercialkennel per capita fee for each board day, upto a maximum of five hundred dollars ($500);

4. Boarding kennel�One hundred dol-lars ($100), plus the annual boarding kennelper capita fee for each board day, up to amaximum of five hundred dollars ($500);

5. Commercial breeder�One hundreddollars ($100), plus the annual commercialbreeder per capita fee for every animal sold,traded, bartered, brokered or given away, upto a maximum of five hundred dollars ($500);

6. Contract kennel�One hundred dol-lars ($100), plus the annual contract kennelper capita fee for every animal sold, traded,bartered, brokered, adopted out or givenaway, up to a maximum of five hundred dol-lars ($500);

7. Dealer (also auction sale operator orbroker)�One hundred dollars ($100), plusthe annual dealer per capita fee for every ani-mal sold, traded, bartered, brokered or givenaway, up to a maximum of five hundred dol-lars ($500);

8. Pet shop�One hundred dollars($100), plus the annual pet shop per capitafee for every animal sold, traded, bartered,brokered or given away, up to a maximum offive hundred dollars ($500);

9. Intermediate handler�One hundreddollars ($100), plus a per capita fee for eachboard day and each animal purchased or bro-kered and transported up to a maximum offive hundred dollars ($500). Animals whichare transported only will be considered ascarrier transported and not subject to a percapita fee;

10. Voluntary licensee (persons/facilitiesnot required to be licensed by definition ofthe law, but desire to obtain a license any-way)�One hundred dollars ($100); and

11. Hobby or show breeder�Exemptfrom fees and inspection requirements, butmust register annually and certify status.

(B) Per Capita Fees. 1. Per capita fees shall be assessed

annually and based upon the budgetary needsof the program. Per capita fees shall be thesame for all licensees of the same typelicense, but may vary by type of license at thediscretion of the director. The amount of theannual per capita fee shall be determined bythe director and announced each year. Thelicensees will be notified by mail of theamount of the annual per capita fee, whichshall accompany the new application forms.

2. Per capita fees shall range from zerocents (0¢) to not more than one dollar ($1)for each service performed or board day peranimal, or animal sold, traded, bartered, bro-kered, auctioned, given or otherwise dis-posed of other than by euthanasia or death.

(C) Provisional License Fee. A one hun-dred dollar ($100)-provisional license fee willbe assessed to all boarding kennels, commer-cial breeders, commercial kennels, contractkennels, dealers and pet shops who were inoperation before January 1, 1995. The provi-sional license fee, if required, must be paidprior to an annual license being issued.

(D) In the case of a new applicant for alicense, the initial license fee shall be onehundred dollars ($100). Annual renewal oflicense shall be based upon the calculationsstated previously in this section.

(E) A separate license shall be obtained foreach physical facility operated by the appli-cant.

(3) Annual Report by Licensee. (A) Each year, within thirty (30) days prior

to the expiration date of his/her license, thelicensee shall file with the state veterinarianan application for license renewal and anannual report on forms furnished by the stateveterinarian.

(B) Each licensee shall submit the totalnumber of animals sold, traded, bartered,brokered, given away, boarded or exhibitedduring the previous year, January throughDecember and any other informationrequired on the form.

(4) Acknowledgment of Rules and Standards.The director will supply a copy of the ACFAand the rules and standards to all new appli-cants. All applicants must acknowledgereceipt of the rules and the standards prior toissuance of a license.

(5) Notification of Change in BusinessLicensed. A licensee shall promptly notifythe state veterinarian by certified mail of any

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change in the name, address, management,substantial control and ownership of the busi-ness or operation, of any significant changein the operation of the business or operation,or of additional sites, within ten (10) days ofthe change.

(6) Activity by Persons/Facilities WhoseLicenses Have Been Suspended or Revoked.

(A) Any person who has been an officer,agent, direct family member or employee of alicensee whose license has been suspended orrevoked and who was responsible for or par-ticipated in the violation upon which thelicense was suspended or revoked will not belicensed within the same period during whichthe suspension or revocation is in effect.

(B) Any facility involved in an order ofsuspension or revocation shall not be used forlicensed activity.

(C) Any person whose license has beensuspended or revoked for any reason shall notbe licensed under his/her name, or in anyother manner within the period during whichthe suspension or revocation is in effect. Nopartnership, firm, corporation or other legalentity in which any such person has a sub-stantial interest, financial or otherwise, willbe licensed during that period.

(D) Any person whose license has beensuspended or revoked shall not buy, sell,trade, barter, broker, transport, board, exhib-it or deliver for transportation, any animalduring the period of license suspension orrevocation.

(E) Any person whose license has beensuspended or revoked may apply in writing tothe director for reinstatement of his/herlicense.

(7) Denial of Initial License Application. (A) A license will not be issued to any

applicant who�1. Is not in total compliance with the

rules and the standards set forth in 2 CSR 30-9, including the payment of fees.

A. An initial applicant for license willbe allowed a maximum of three (3) inspec-tions and a period of up to ninety (90) daysfrom the date of the first inspection in whichto attain total compliance with the rules andstandards prior to denial of license. Failure ofthese inspections would not subject an initialapplicant to the one hundred dollar ($100)-penalty fee for failed inspections. However,initial license fee will not be returned andsubsequent applications must be accompa-nied with another initial license fee.

B. An initial applicant shall not con-duct any activity for which an ACFA licenseis required until the license has been issued.

C. Subsequent applications by a per-son who has been denied a license under sub-paragraph (7)(A)1.A. shall also be consid-ered an initial application.

D. Persons denied a license undersubparagraph (7)(A)1.A. may reapply aftersix (6) months from the date of the last failedinspection;

2. Has had a license revoked or is cur-rently under suspension;

3. Has been fined, sentenced to jail orpled no contest under state or local animalcruelty laws within one (1) year of applica-tion, except that if no penalty is imposed as aresult of a no contest plea, the applicant mayreapply immediately; or

4. Has made any false or fraudulentstatements or provided any false or fraudulentrecords to the department.

(B) Any applicant whose initial license hasbeen denied may request an administrativehearing in accordance with Chapter 536,RSMo, for the purpose of showing why theapplication should not be denied. If thelicense denial is upheld, the applicant mayreapply for license one (1) year from the dateof the denial.

(C) No partnership, firm, corporation orother legal entity in which a person whoselicense application has been denied has a sub-stantial interest, financial or otherwise, willbe licensed within one (1) year of denial.

(8) Attending Veterinarian and Adequate Vet-erinary Care.

(A) Each licensee shall have an attendingveterinarian who shall provide adequate vet-erinary care to animals covered under therules in 2 CSR 30-9.

1. Each licensee shall employ an attend-ing veterinarian under formal arrangements.In the case of a part-time attending veterinar-ian or consultant arrangements, the formalarrangements shall include a written programof veterinary care and regularly scheduledvisits to the premises of the licensee. Board-ing kennels in large metropolitan areas,where twenty-four (24) hour emergency vet-erinary clinics are in operation, and rotationof veterinary practitioners is essential forgood will and referral services, may beexempted from the requirement of a formalarrangement if approved by the state veteri-narian. This exemption must be requested inwriting, and will be approved only on anindividual basis.

2. Each licensee shall assure that theattending veterinarian has appropriate author-ity to ensure the provision of adequate veteri-nary care and to oversee the adequacy ofother aspects of animal care and use.

(B) Each licensee shall establish and main-tain programs of adequate veterinary carethat include:

1. The availability of appropriate facili-ties, personnel, equipment and services tocomply with the provisions in 2 CSR 30-9;

2. The use of appropriate methods toprevent, control, diagnose and treat diseasesand injuries, and the availability of emergen-cy, weekend and holiday care;

3. Individual health records shall bemaintained on all animals above the age ofeight (8) weeks or that have been weaned orthat have been treated with a medical proce-dure, whichever occurs first. Litter healthrecords may be kept on litters when litter-mates are treated with the same medication orprocedure. Health records (or a copy) mayaccompany all animals upon the transfer ofownership;

4. Daily observation of all animals toassess their health and well-being. Provided,however, that daily observation of animalsmay be accomplished by someone other thanthe attending veterinarian; and provided fur-ther, that a mechanism of direct and frequentcommunication is required so that timely andaccurate information on problems of animalhealth, behavior and well-being is conveyedto the attending veterinarian;

5. Adequate training and guidance topersonnel involved in the care and use of ani-mals. The employer must be certain his/heremployees can perform at the level requiredby these rules; and

6. Adequate pre-procedural and post-procedural care in accordance with estab-lished veterinary medical and nursing proce-dures.

(C) If the state veterinarian or his/herdesignee finds that an animal or group of ani-mals is suffering from a contagious, commu-nicable or infectious disease or exposure to adisease, a quarantine to the premises may beissued until the animals are�

1. Recovered and no longer capable oftransmitting the disease;

2. Isolated; 3. Humanely euthanized and properly

disposed of; 4. Tested, vaccinated or otherwise treat-

ed; or 5. Otherwise released by the state vet-

erinarian. A. Animals under quarantine shall

not be removed from the premises withoutwritten consent of the state veterinarian, norshall any other animals be allowed to enterthe premises.

B. A quarantine issued by the stateveterinarian shall remain in effect untilreleased in writing by the state veterinarian.

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(D) Animals with obvious signs of diseaseor injury shall not be sold (except on theadvice of the attending veterinarian and withthe knowledge and consent of the purchaser),abandoned or disposed of in an inhumanemanner.

(E) A person licensed or registered underthe ACFA shall not knowingly sell or ship adiseased animal, except on the advice of theirattending veterinarian and with the knowl-edge and consent of the purchaser.

(9) Identification of Animals. (A) All licensees with a United States

Department of Agriculture (USDA) licenseshall identify their animals as prescribed inthe USDA regulations.

(B) All licensees without a USDA licenseshall identify all dogs and cats held on thepremises, purchased, boarded, sheltered orotherwise acquired, sold, released, givenaway or otherwise disposed of or removedfrom the premises for any reason to orthrough any person, by one (1) or more of theappropriate methods as follows:

1. By an official tag of the typedescribed in this section affixed to the ani-mal�s neck by means of a collar made of amaterial generally considered acceptable topet owners. In general, well fitting collarsmade of plastic or leather will be acceptable.The use of certain types of chains presentlyused by some dealers may also be acceptableif sharp edges cannot be felt which may rea-sonably be expected to cause discomfort tothe animal. The use of materials such aswire, elastic or any other material which mayseem to cause discomfort to the animal shallnot be used;

2. A distinctive and legible tattoo mark-ing approved by the director;

3. Puppies or kittens, less than sixteen(16) weeks of age, may be identified by aplastic type collar acceptable to the directorwhich has the information legibly placed onthe collar as required for an official tag pur-suant to this section;

4. Animal shelters, contract kennels,pounds or dog pounds may use distinctivecage cards. Cage cards, if used, must besequentially numbered, used in sequentialorder and placed in an area which will pre-vent animals, water or cleaning solutionsfrom contacting them or damaging the cards.If cage cards cannot be protected, or iflicensee fails to provide proper protection, allanimals in his/her facility must be identifiedby a more permanent method as described inparagraph (9)(B)1. Each cage card must fullyand completely describe the animal to whichit is assigned including breed (or an estimateof predominant breed and cross, and the

like), size, date of birth or approximate age,sex, color and markings, and any other dis-tinctive feature or marking;

5. Boarding kennels and commercialkennels shall be authorized to use distinctivecage cards. Cage cards must be placed in anarea which will prevent animals, water orcleaning solutions from contacting or damag-ing the cards. Cage cards must provide a briefdescription of the animal including name,breed, sex, color and distinctive markings.Cage cards must also specify any medicationswith directions for administering, any specialneeds or instructions and emergency instruc-tions stating veterinarian of choice and tele-phone number. Boarding kennels and com-mercial kennels may use any abbreviatedform of information on the cage cards thatmeet the needs of their business if all of theinformation listed in this paragraph is imme-diately available to the animal caretaker andinspector; and

6. Pet shops may use distinctive cagecards. Cage cards, if used as the primaryidentification, must be sequentially numberedand used in sequential order. Cage cards, ifused, must be placed in an area which willprevent animals, water or cleaning solutionsfrom contacting them or damaging the cards.Cage cards, if used as the primary identifica-tion, must provide enough information toassure proper identification of all animals inthe enclosure and may include informationsuch as a brief description of the animalincluding breed, sex, date of birth or approx-imate age, color and distinctive markings.

(C) All animals shall be officially identi-fied at the time of acquisition, or in the caseof puppies or kittens, when weaned or sepa-rated from their mother or foster mother.When any licensee has made a reasonableeffort to affix an official tag to a cat, as setforth in this section, and has been unable todo so, or when the cat exhibits serious dis-tress from the attachment of the collar andtag, the licensee shall attach the collar andtag to the door of the primary enclosure con-taining the cat and take measures to maintainthe identity of the cat in relation to the tag.Each primary enclosure shall contain nomore than one (1) weaned cat without anaffixed collar and official tag, unless the catsare identified by a distinctive and legible tat-too or plastic-type collar approved by thedirector.

(D) If an animal is already identified by anofficial tag or tattoo which has been appliedby another licensed entity under USDA orACFA, the acquiring licensee may continueidentifying the animal by the previous identi-fication number, or may replace the previoustag with his/her own official tag or tattoo, in

which case, only the new identification num-ber shall be used for all subsequent sales ortransactions. In either case, the licensee shallcorrectly list all old and new numbers or tat-toos in his/her records.

(E) Tags must be sequentially numbered,used in sequential order, and must be refer-enced to a record(s) which completely andaccurately identify the source of the animaland any number used by that source to iden-tify the animal, all medical treatments or pro-cedures, and disposition of the animal. Arecord of the number used to identify the ani-mal shall accompany the animal at disposi-tion.

(F) No licensee shall use the same identifi-cation tag or cage card number for a periodof at least five (5) years.

(G) The official tag shall be made of adurable alloy such as brass, bronze, steel or adurable plastic. Aluminum of a sufficientthickness to assure the tag is durable and leg-ible may also be used. The tag shall be one(1) of the following shapes:

1. Circular in shape and not less thanone and one-fourth inches (1 1/4") in diame-ter; or

2. Oblong and flat in shape, not lessthan two inches long by three-fourths inch (2"× 3/4") wide and riveted to an acceptablecollar.

(H) Each official tag shall have the follow-ing information embossed or stamped on one(1) side that is easily readable:

1. The letters MO; 2. The letters and numbers identifying

the licensee or facility, for example, ACFA1234; and

3. The number identifying the animal,for example 0006.

(I) Licensees must obtain the official tagsor cage cards at their own expense. Tags andcards are available from commercial manu-facturers. At the time a licensee is issued alicense, the director will assign a licensenumber to be used on official tags.

(J) Each licensee shall be held accountablefor all official tags acquired. In the event anofficial tag is lost from an animal while in thepossession of the licensee, the licensee willmake every diligent effort to locate and reap-ply the tag to the proper animal. If the losttag is not located, the licensee shall affixanother official tag to the animal and recordboth the old and new tag numbers on the offi-cial records. Only the new number will beused on subsequent transactions.

(K) When an animal with an official tag iseuthanized or dies from any other cause, theofficial tag shall be removed from the animaland saved for a period of one (1) year follow-ing the death. If the official tag is removed

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2 CSR 30-9�DEPARTMENT OF AGRICULTURE Division 30�Animal Health

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from an animal at the time of disposition ofthe animal, the official tag shall be saved fora period of one (1) year following the dispo-sition.

(10) Prohibition on the Purchase, Sale, Useor Transportation of Stolen Animals. Noperson shall buy, sell, exhibit, transport oroffer for transport, any stolen animal.

(11) Records. (A) Records for Commercial Breeders,

Dealers, Exhibitors, Intermediate Handlersand Voluntary Licensees.

1. Each commercial breeder, dealer(other than operators of auction sales andbrokers to whom animals are consigned),intermediate handlers, exhibitors and volun-tary licensees shall make, keep and maintainrecords or forms which fully and correctlydisclose the following information concerningeach dog or cat purchased or otherwiseacquired, owned, held or otherwise in his/herpossession or control which is transported,euthanized, sold or otherwise disposed of bythat licensee. The records shall include anyoffspring born of any animal while in his/herpossession or under his/her control:

A. The name and complete mailingaddress of the person from whom a dog or catwas purchased or otherwise received oracquired whether or not the person isrequired to be licensed or registered underthis Act;

B. The USDA and the ACFA licenseor registration number of the person if s/he islicensed or registered under the Acts. BothUSDA and ACFA numbers are required ifseller is licensed or registered under bothActs;

C. The vehicle license number andthe state, and the driver�s license number andstate if s/he is not licensed or registeredunder either of the Acts;

D. The name and complete mailingaddress of the person to whom a dog or catwas sold, given or delivered, and that per-son�s license or registration number(s) if s/heis licensed or registered under the Acts;

E. The date a dog or cat was acquiredor disposed of, or both, and the method ofdisposition, including by death or euthanasia;

F. The official USDA or ACFA tagnumber or tattoo assigned to a dog or cat;

G. A description of each dog or catwhich shall include:

(I) The species and breed or type; (II) The sex; (III) The date of birth or approxi-

mate age; and (IV) The color and any distinctive

markings;

H. The method of transportationincluding the name of the initial carrier orintermediate handler or, if a privately ownedvehicle is used to transport a dog or cat, thename of the owner of the privately ownedvehicle;

I. Records of Dogs and Cats on hand(VS Form 18-5/APHIS Form 7005 or similarform may be used) and Records of Disposi-tion of Dogs or Cats (VS Form 18-6/APHISForm 7006 or similar form may be used)shall be maintained by commercial breeders,dealers, exhibitors and voluntary licensees;

J. The USDA Interstate and Interna-tional Certificate of Health Examination forSmall Animals (VS Form 18-1) may be usedby dealers and exhibitors to make, keep andmaintain the information required by subsec-tion (11)(A) of this rule; and

K. One (1) copy of the record con-taining the information required by this sec-tion shall accompany each shipment of anydog or cat purchased or otherwise acquiredby a commercial breeder, dealer or exhibitor.One (1) copy of the record containing theinformation required by this section shallaccompany each shipment of any dog or catsold or otherwise disposed of by a commer-cial breeder, dealer or exhibitor; provided,however, that information which indicates thesource and date of acquisition of a dog or catneed not appear on the copy of the recordaccompanying the shipment. One (1) copy ofthe record containing the informationrequired by this section shall be retained bythe commercial breeder, dealer or exhibitor.

2. Individual medical records shall bemaintained on all animals bought, raised, orotherwise obtained, held, kept, maintained,sold, donated or otherwise disposed of,including by death or euthanasia, which shallspecify all treatments and medications givenand all procedures performed on the animal,to include reasons for or the condition requir-ing the treatment, medication or procedure,and the results of the treatment, medicationor procedure will be included in this record.Litter health records may be kept on litterswhen all littermates are treated with the samemedication or procedure. Medical records (ora copy) may accompany the animal whensold.

3. All records shall be maintained for aperiod of one (1) year, unless the directorrequests in writing that they be maintainedfor a longer period, for the purpose of inves-tigation.

(B) Records of Operators of Auction Salesand Brokers.

1. Every broker or operator of an auc-tion sale shall make, keep and maintainrecords or forms which fully and correctly

disclose the following information concerningeach animal sold, whether or not a fee orcommission is charged:

A. The name and complete mailingaddress of the person who owned or con-signed the animal(s) for sale;

B. The name and complete mailingaddress of the buyer or consignee whoreceived the animal;

C. The USDA and ACFA license orregistration number of the person(s) selling,consigning, buying or receiving the animalsif s/he is licensed or registered under theActs;

D. The vehicle license number andstate and the driver�s license number andstate of the person, if s/he is not licensed orregistered under the Acts;

E. The date of the consignment; F. The official USDA or ACFA tag

number assigned to the animal(s) under thisrule;

G. A description of the animal(s)which shall include:

(I) The species and breed or type; (II) The sex of the animal; (III) The date of birth or approxi-

mate age; and(IV) The color and any distinctive

markings;H. The auction sales number or

records number assigned to the animal; andI. The name, mailing address, any

USDA/ACFA license number of all peopleregistering at the auction to buy animals.

2. One (1) copy of the record containingthe information required by this section shallbe given to the consignor of each animal, one(1) copy of the record shall be given to thepurchaser of each animal; provided however,that information which indicates the sourceand date of consignment of any animal neednot appear on the copy of the record given tothe purchaser of any animal. One (1) copy ofthe record containing the informationrequired by this section shall be retained bythe broker or operator of the auction sale, foreach animal sold.

3. All records shall be maintained for aperiod of one (1) year, unless the directorrequests in writing that they be maintainedfor a longer period, for the purpose of inves-tigation.

(C) Records for Boarding Kennels andCommercial Kennels.

1. Every operator of a boarding kennelor commercial kennel shall make, keep andmaintain records or forms which fully andcorrectly disclose the following informationconcerning each animal boarded, or other-wise kept or maintained, sold, given or oth-erwise disposed of:

CODE OF STATE REGULATIONS 9MATT BLUNT (11/30/03)Secretary of State

Chapter 9�Animal Care Facilities 2 CSR 30-9

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A. Name, address and phone numberof pet owner;

B. Emergency contact number; C. Animal�s name, age, sex and

breed; D. Vaccination information, with offi-

cial rabies; E. Preexisting physical problems; F. Medication information and

instructions; G. Veterinarian of choice; H. Special feeding instructions, if

needed; I. Special boarding instructions, if

needed; J. Any additional services to be per-

formed; K. Date animal received; and L. Date animal released.

2. Animal cage card must be attached tothe primary enclosure of every animal beingboarded, kept or maintained.

3. The record of daily health observa-tions, medications and treatments given andexercise periods shall be maintained.

4. The name and complete mailingaddress of the person to whom the animalwas sold or given, and the USDA or ACFAlicense numbers, or both, if that person waslicensed under the Acts.

5. A copy of the health certificate foreach animal shipped interstate.

6. All records shall be maintained for aperiod of sixty (60) days except on those ani-mals on which a complaint was made by theowner or if some other problem occurredduring boarding, those records shall be keptfor one (1) year, unless the director requestsin writing that they be maintained for a longerperiod, for the purpose of investigation.

(D) Records for Animal Shelters, ContractKennels and Pounds or Dog Pounds.

1. Every operator of an animal shelter,contract kennel, pound or dog pound shallmake, keep and maintain records or formswhich fully and correctly disclose the follow-ing information concerning each animalboarded, housed, retained or otherwise keptor maintained, transported, sold, given,adopted out, released or otherwise disposedof:

A. The date of acquisition; B. The name and complete mailing

address of the person from whom the animalwas obtained;

C. The vehicle license number andstate, and the driver�s license number andstate of the person delivering the animal;

D. A complete description of the ani-mal including breed or type, sex, size,approximate weight, approximate age, colorand any distinctive markings;

E. Date of disposition and method; F. The name and complete mailing

address of the person to whom the animalwas sold, given, released to, or adopted by,and the USDA or ACFA license numbers, orboth, if the person was licensed under theActs;

G. Spay or neuter contract; and H. Veterinary certification of spay or

neuter. 2. Animal cage card must be attached to

the primary enclosure of every animal beingheld, retained, kept or maintained.

3. The record of daily health observa-tions, medications and treatments given andexercise periods shall be maintained.

4. All records shall be maintained for aperiod of one (1) year, unless the directorrequests in writing that they be maintainedfor a longer period, for the purpose of inves-tigation.

(E) Records for Pet Shops. 1. Every operator of a pet shop shall

make, keep and maintain records or formswhich fully and correctly disclose the follow-ing concerning each animal purchased or oth-erwise acquired, kept or maintained, trans-ported, sold, given, released or otherwisedisposed of:

A. The name and complete mailingaddress of the person from whom the animalwas obtained;

B. The USDA or ACFA license num-ber, or both, of the seller if s/he was licensedunder the Acts;

C. The vehicle license number andstate, and the driver�s license number andstate of the person delivering the animal if theseller is not licensed under the Acts;

D. A complete description of the ani-mal, including breed or type, sex, size,approximate weight, or a combination ofthese, date of birth or approximate age, colorand any distinctive markings, including anyofficial tag number or tattoo markings;

E. Date of acquisition; F. Date of disposition and method;

and G. The name and complete mailing

address and telephone number of the personto whom the animal was sold, given, releasedto or otherwise disposed of.

2. Animal cage card, if used, must beattached to the primary enclosure of everyanimal being held, retained, kept or main-tained.

3. The record of daily health observa-tions, medications and treatments given shallbe maintained.

4. Shot records and a copy of treatment,medications and medical procedures per-formed on the animal, while in the possession

of the licensee, may be furnished to the retailpet purchaser. Medical records, to the extentpossible may accompany the animal whensold.

5. All records shall be maintained for aperiod of one (1) year, unless the directorrequests in writing that they be maintainedfor a longer period, for the purpose of inves-tigation.

(F) Records for Carriers and IntermediateHandlers.

1. In connection with all live animalsaccepted for shipment on a cash on delivery(C.O.D.) basis or other arrangement or prac-tice under which the cost of the animals orthe transportation of the animals is to be paidand collected upon delivery of the animals tothe consignee, the accepting carrier or inter-mediate handler, if any, shall keep and main-tain a copy of the consignor�s written guaran-tee for the payment of transportation chargesfor any animal not claimed as provided inUSDA regulations including, where neces-sary, both the return transportation chargesand an amount sufficient to reimburse thecarrier for out-of-pocket expenses incurredfor the care, feeding and storage of the ani-mal. The carrier or intermediate handler atdestination shall also keep and maintain acopy of the shipping document containing thetime, date and method of each attempted noti-fication and the final notification to the con-signee and the name of the person notifyingthe consignee as provided in USDA regula-tions.

2. In connection with all live dogs orcats delivered for transportation, in com-merce to any carrier or intermediate handler,by any commercial breeder, dealer, researchfacility, exhibitor, operator of an auction sale,broker, pet shop or any other person licensedunder the ACFA, or department, agency orinstrumentality of the United States or of anystate or local government, the accepting car-rier or intermediate handler shall keep andmaintain a copy of the health certificate com-pleted as required by USDA regulations andMissouri, tendered with each live dog or cat.

(G) Health Certification and Identification. 1. No commercial breeder, dealer,

exhibitor, operator of an auction sale, broker,pet shop, research facility, voluntary licensee,or any department, agency or instrumentalityof the United States or of any state or localgovernment shall deliver to any intermediatehandler or carrier for transportation in inter-state commerce or shall transport in interstatecommerce any dog or cat unless the dog orcat is accompanied by a health certificate exe-cuted and issued by a licensed veterinarian.The health certificate shall state that�

10 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

2 CSR 30-9�DEPARTMENT OF AGRICULTURE Division 30�Animal Health

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A. The licensed veterinarian inspect-ed the dog or cat on a specified date whichshall not be more than ten (10) days prior tothe delivery of the dog or cat for transporta-tion; and

B. When so inspected, the dog or catappeared to the licensed veterinarian to befree of any infectious disease or physicalabnormality which would endanger the ani-mal(s) or endanger public health.

2. The United States Secretary of Agri-culture, with concurrence of the director, mayprovide exception to the health certificationrequirement on an individual basis for ani-mals shipped to a research facility for pur-poses of research, testing or experimentationwhen the research facility requires animalsnot eligible for certification.

3. No intermediate handler or carrier towhom any live dog or cat is delivered fortransportation by any commercial breeder,dealer, exhibitor, broker, pet shop, researchfacility, operator of an auction sale, or anydepartment, agency or instrumentality of theUnited States or any state or local govern-ment shall receive a live dog or cat for trans-portation in interstate commerce, unless anduntil it is accompanied by a health certificateissued by a licensed veterinarian.

4. The United States Interstate andInternational Certificate of Health Examina-tion of Small Animals (VS Form 18-1) maybe used for health certification by a licensedveterinarian as required by this section.

5. Intrastate shipments, which at no timeleave the state, may utilize an owner/shipperstatement in lieu of a health certificate. Theowner/shipper statement must specify thedate of shipment, name, address, phone num-ber and ACFA/USDA license numbers ofconsignor and consignee of the shipment,specify species and list each animal in theshipment by its individual ACFA/USDA num-ber, breed, age, sex, color and distinctivemarkings, vaccination history and certify��To the best of my knowledge, all animals inthis shipment are healthy and have not beenexposed to an infectious or contagious dis-ease.� The statement must contain the signa-ture, printed name, address and phone num-ber of the certifying individual. APHIS Form7001 may be used as a guide to produce indi-vidual forms, if desired.

(H) C.O.D. Shipments. 1. No carrier or intermediate handler

shall accept any animal for transportation incommerce upon any C.O.D. or other basiswhere any money is to be paid and collectedupon delivery of the animal to the consignee,unless the consignor guarantees in writing thepayment of all transportation, including anyreturn transportation, if the shipment is

unclaimed or the consignee cannot be noti-fied in accordance with this section, includ-ing reimbursing the carrier or intermediatehandler for all out-of-pocket expensesincurred for the care, feeding and storage orhousing of the animals.

2. Any carrier or intermediate handlerreceiving an animal at a destination on aC.O.D. or other basis any money is to bepaid and collected upon delivery of the ani-mal to the consignee shall attempt to notifythe consignee at least once every six (6) hoursfor a period of twenty-four (24) hours afterarrival of the animal at the animal holdingarea of the terminal cargo facility. The carri-er or intermediate handler shall record thetime, date and method of each attempted noti-fication, and the final notification to the con-signee, the name of the person notifying theconsignee, on the shipping document and onthe copy of the shipping document accompa-nying the C.O.D. shipment. If the consigneecannot be notified of the C.O.D. shipmentwithin twenty-four (24) hours after its arrival,the carrier or intermediate handler shallreturn the animal to the consignor, or towhomever the consignor has designated, onthe next practical available transportation, inaccordance with the written agreementrequired in this section and shall notify theconsignor. Any carrier or intermediate han-dler which has notified a consignee of thearrival of a C.O.D. or other shipment of ananimal, where any money is to be paid andcollected upon delivery of the animal to theconsignee, which is not claimed by the con-signee within forty-eight (48) hours from thetime of notification shall return the animal tothe consignor or to whomever the consignorhas designated, on the next practical availabletransportation in accordance with the writtenagreement required in this section and shallnotify the consignor.

3. It is the responsibility of any carrieror intermediate handler to hold, feed and carefor any animal accepted for transportation incommerce under a C.O.D. or other arrange-ment where any money is to be paid and col-lected upon delivery of the animal until theconsignee accepts shipment at destination oruntil returned to the consignor or his/herdesignee should the consignee fail to acceptdelivery of the animal or if the consigneecould not be notified as prescribed in thissection.

4. Nothing in this section shall be con-strued as prohibiting any carrier or interme-diate handler from requiring any guarantee inaddition to that required in this section for thepayment of the cost of any transportation orout-of-pocket or other incidental expensesincurred in the transportation of any animal.

(I) Disposition of Records. 1. No licensee for a period of one (1)

year, shall destroy or dispose of, without theconsent in writing of the director, any books,records, documents or other papers requiredto be kept and maintained under the ACFAand this rule.

2. Unless otherwise specified, therecords required to be kept and maintainedunder this rule shall be held for one (1) yearafter an animal is euthanized or disposed ofand for any period in excess of one (1) yearas necessary to comply with any applicablefederal, state or local laws. Whenever thedirector notifies the licensee in writing thatspecified records shall be retained pendingcompletion of an investigation or proceedingunder the ACFA, the licensee shall hold thoserecords until their disposition is authorized bythe director.

(12) Compliance With Standards and HoldingPeriods. Each licensee shall comply in allrespects with the standards set forth in 2 CSR30-9 for the humane handling, care, treat-ment, housing and transportation of animals.

(13) Holding Period. (A) Any live dog or cat, other than owner-

relinquished or feral animals which are notknown to have bitten anyone within the pre-ceding ten (10) days, acquired by an animalshelter or contract kennel shall be held for aperiod of not less than five (5) business daysbefore offering for adoption or euthanasiaexcept that before releasing an animal to adealer, the holding period must include atleast one (1) full Saturday and a period of notless than five (5) full days excluding time intransit.

(B) Any live dog or cat acquired by a com-mercial breeder, dealer, exhibitor or pet shopshall be held under his/her supervision andcontrol, for a period of not less than five (5)full days, not including the day of acquisition,after acquiring the animal, excluding time intransit; provided, however�

1. That any live dog or cat acquired bya commercial breeder, dealer, exhibitor or petshop from any private or contract animalpound, animal shelter, pound or dog poundshall be held by that commercial breeder,dealer, exhibitor or pet shop for a period ofnot less than ten (10) full days, not includingthe day of acquisition, after acquiring the ani-mal, excluding time in transit.

(C) Any dog or cat presented for euthana-sia by its owner or any animal suffering fromdisease, emaciation or injury may bedestroyed by euthanasia prior to thecompletion of the holding period required bythis section.

CODE OF STATE REGULATIONS 11MATT BLUNT (11/30/03)Secretary of State

Chapter 9�Animal Care Facilities 2 CSR 30-9

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(D) Any dog or cat, one hundred twenty(120) days of age or less, that was obtainedfrom the person that bred and raised the ani-mal, may be exempted from the five (5)-dayholding requirement and may be sold or oth-erwise disposed of by a licensee after a min-imum holding period of twenty-four (24)hours, excluding time in transit. Each subse-quent licensee must also hold that animal fora minimum of twenty-four (24) hours exclud-ing time in transit. Intermediate handlers whoobtain an animal one hundred twenty (120)days of age or less, only in conjunction withits transportation in commerce will be exemptfrom the twenty-four (24)-hour holding peri-od.

(E) During the period in which any animalis being held as required by this section, theanimal shall be unloaded from any means ofconveyance in which it was received, forfood, water and rest, and shall be handled,cared for and treated in accordance with 2CSR 30-9.

(14) Miscellaneous. (A) Information as to business shall be fur-

nished by all licensees. 1. Each licensee shall furnish to any

department official any information concern-ing the business of the licensee which thedepartment official may request in connectionwith the enforcement of the provisions of theACFA, and 2 CSR 30-9. The informationshall be furnished within a reasonable timeand as may be specified in the request forinformation.

2. Each operator of an auction sale shallfurnish in writing to the director, the saledates of all activities covered under the ACFAat least two (2) weeks prior to the scheduledevent.

(B) Access and Inspection of Records andProperty.

1. Each licensee, during business hours,shall allow department officials to�

A. Enter its place of business; B. Examine records required to be

kept in accordance with the ACFA and thisrule;

C. Make copies of the records; D. Inspect and photograph the facili-

ties, property and animals, as the departmentofficials consider necessary to enforce theprovisions of the ACFA and the standards in2 CSR 30-9; and

E. Document, by the taking of pho-tographs and other means, conditions andareas of noncompliance.

2. The use of a room, table or otherfacilities necessary for the proper examina-tion of the records and inspections of the

property or animals shall be extended todepartment officials by the licensee.

(C) Inspection for Missing Animals. Eachlicensee shall allow, upon request and duringbusiness hours, police or officers of other lawenforcement agencies with general lawenforcement authority (not those agencieswhose duties are limited to enforcement oflocal animal rules) to enter his/her place ofbusiness to inspect animals and records forthe purpose of seeking animals that are miss-ing, under the following conditions:

1. The police or other law officer shallfurnish to the licensee a written descriptionof the missing animal and the name andaddress of its owner before making a search;and

2. The police or other law officer shallabide by all security measures required by thelicensee to prevent the spread of disease,including the use of sterile clothing, footwearand masks where required, or to prevent theescape of an animal.

(D) Confiscation and Destruction of Ani-mals.

1. If an animal being held by a licenseeor transported by a carrier is found by adepartment official to be suffering as a resultof the failure of the licensee or carrier tocomply with any provisions of the ACFA orthe standards set forth in 2 CSR 30-9, thedepartment official shall make a reasonableeffort to notify the licensee of the condition ofthe animal(s) and request that the conditionbe corrected and that adequate care be givento alleviate the animal�s suffering or distress,or that the animal(s) be destroyed by euthana-sia. In the event that the licensee refuses tocomply with this request, the departmentofficial may confiscate the animal(s) for care,treatment or disposal as indicated in this sec-tion, if, in the opinion of the director, the cir-cumstances indicate the animal�s health is indanger.

2. In the event that the department offi-cial is unable to locate or notify the licenseeas required in this section, the departmentofficial shall contact a local police or otherlaw officer to accompany him/her to thepremises and shall provide for adequate carewhen necessary to alleviate the animal�s suf-fering. If in the opinion of the director, thecondition of the animal(s) cannot be correct-ed by this temporary care, the departmentofficial shall confiscate the animal(s).

3. Confiscated animals may be placed,by sale or donation, with other licensees orregistrants who are in compliance with theACFA and the standards in 2 CSR 30-9 andcan provide proper care, or they may be euth-anized. The licensee from whom the animalswere confiscated shall bear all costs incurred

in performing the placement or euthanasiaactivities authorized by this rule.

(E) Minimum Age Requirements. No dogor cat shall be delivered by any person to anycarrier or intermediate handler for trans-portation, in commerce, or shall be trans-ported in commerce by any person, except toa registered research facility, unless that dogor cat is at least eight (8) weeks of age andhas been weaned.

(F) Handling of Animals.1. Handling of all animals shall be done

as expeditiously and carefully as possible in amanner that does not cause trauma, overheat-ing, excessive cooling, behavioral stress,physical harm or unnecessary discomfort.

2. Physical abuse shall not be used totrain, work or otherwise handle animals.

3. Deprivation of food or water shall notbe used to train, work or otherwise handleanimals; provided however, that the short-term withholding of food or water from ani-mals by exhibitors is allowed by this rule aslong as each of the animals affected receivesits full dietary and nutrition requirementseach day.

4. During public exhibition, any animalmust be handled so there is minimal risk ofharm to the animal and to the public, withsufficient distance or barriers, or both,between the animal and the general viewingpublic so as to assure the safety of animalsand the public.

A. Performing animals shall beallowed a rest period between performancesat least equal to the time for one (1) perfor-mance.

B. Young or immature animals shallnot be exposed to rough or excessive publichandling or exhibited for periods of timewhich would be detrimental to their health orwell-being.

C. Drugs, such as tranquilizers, shallnot be used to facilitate, allow or provide forpublic handling of the animals.

D. Animals shall be exhibited onlyfor periods of time and under conditions con-sistent with their good health and well-being.

E. A responsible, knowledgeable andreadily identifiable employee or attendantmust be present at all times during periods ofpublic contact.

F. During public exhibitions, danger-ous animals such as lions, tigers or wolvesmust be under the direct control and supervi-sion of a knowledgeable and experienced ani-mal handler.

G. If public feeding of animals isallowed, the food must be provided by theanimal facility and shall be appropriate to thetype of animal and its nutritional needs anddiet.

12 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

2 CSR 30-9�DEPARTMENT OF AGRICULTURE Division 30�Animal Health

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CODE OF STATE REGULATIONS 13MATT BLUNT (11/30/03)Secretary of State

Chapter 9�Animal Care Facilities 2 CSR 30-9

5. All euthanasia of animals shall beaccomplished by a method approved by the2000 edition, or later revisions, of the Amer-ican Veterinary Medical Association�s Panelon Euthanasia, as incorporated by referencein this rule.

(15) Procurement of Dogs and Cats byLicensees.

(A) A dealer may obtain dogs and catsfrom within this state only from otherlicensees who are licensed under the ACFA inaccordance with this rule or exempt sources.

(B) No person shall obtain live dogs or catsby use of false pretenses, misrepresentationor deception.

(C) Any licensee or exhibitor who alsooperates a public or private pound, animalshelter, contract pound, pound or dog poundshall comply with the following:

1. The animal pound or shelter shall belocated on premises that are physically sepa-rated from all other licensed facilities. Theanimal housing facility of the pound or shel-ter shall not be adjacent to any other licensedfacility.

2. Accurate and complete records shallbe separately maintained by the licensee andby the pound or shelter. All records shall bein accordance with those specified in thisrule. If the animals are lost or stray, thepound or shelter records shall provide:

A. An accurate description of the ani-mal;

B. How, where, from whom and whenthe dog or cat was obtained;

C. How long the dog or cat was heldby the pound or shelter before being trans-ferred to the dealer; and

D. The date the dog or cat was trans-ferred to the dealer.

(16) Licensees Restricted in Sales to Brokers,Dealers and Pet Shops. Licensees shall notsell to brokers, dealers or pet shops operatingwithin the state who are not licensed underthe ACFA in accordance with this rule.

(17) Exotic Animals. Exotic animals asdefined in rules promulgated under the ACFAshall be permitted, as may be required by,and maintained under the rules and standardsof the Missouri Department of Conservationand the regulations and standards of theUSDA.

(18) Index.Application For License�section (1)

Who must license�section (1), subsec-tion (A)

How to apply for a license�section (1),subsection (B)

Who is exempt from licensing require-ment�section (1), subsection (D)

Voluntary license�section (1), subsec-tion (F)

Conditions under which license isissued�section (1), subsection (G)

Conditions under which license is notissued�section (1), subsection (H)

Penalty for operating without a license�section (1), subsection (J)

Frequency of inspection�section (1),subsection (K)

Licensees must make facility available�section (1), subsection (L)

Penalty for failure of inspection�section(1), subsection (L)

Licensee not to interfere with inspec-tor�section (1), subsection (M)

License issued to specific person andplace�section (1), subsection (N)

License fees not refundable�section(1), subsection (O)

Licensee must accept registered or certi-fied mail�section (1), subsection (P)

Expiration of license�section (1), sub-section (Q)

Reinstatement of a license�section (1),subsection (R)

Invalid license to be surrendered�sec-tion (1), subsection (S)

License Fees�section (2)Computing annual fee�section (2), sub-

section (A)Animal shelter�section (2), subsection

(A), paragraph 1.Pound/dog pound�section (2), subsec-

tion (A), paragraph 2.Commercial kennel�section (2), sub-

section (A), paragraph 3.Boarding kennel�section (2), subsec-

tion (A), paragraph 4.Commercial breeder�section (2), sub-

section (A), paragraph 5.Contract kennel�section (2), subsection

(A), paragraph 6.Dealer�section (2), subsection (A),

paragraph 7.Pet shop�section (2), subsection (A),

paragraph 8.Intermediate handler�section (2), sub-

section (A), paragraph 9.Voluntary licensee�section (2), subsec-

tion (A), paragraph 10.Hobby or show breeder�section (2),

subsection (A), paragraph 11.Per capita fees�section (2), subsection

(B)Provisional license fee�section (2),

subsection (C)Initial license fee, new applicant�sec-

tion (2), subsection (D)

Each facility requires separate license�section (2), subsection (E)

Annual Report Required�section (3)Acknowledgment of Rules and Standards�

section (4)Notification of Change in Business or

Address�section (5)Activity by Persons/Facilities Whose

License Have Been Suspended or Revoked�section (6)

Denial of Initial License Application�sec-tion (7)

Attending Veterinarian and Adequate Vet-erinary Care�section (8)

Identification of Animals�section (9)Licensees with USDA license�section (9),

subsection (A)Licensees without USDA license may

use�section (9), subsection (B)Official tag�section (9), subsection (B),

paragraph 1.Approved tattoo�section (9), subsection

(B), paragraph 2.Puppies/kittens under sixteen (16)

weeks�section (9), subsection (B), para-graph 3.

Animal shelters, contract kennels,pounds/dog pounds�section (9), subsection(B), paragraph 4.

Boarding kennels, commercial ken-nels�section (9), subsection (B), paragraph5.

Pet shops�section (9), subsection (B),paragraph 6.

All animals must be officially identifiedat acquisition�section (9), subsection (C)

Previous identification which may beused�section (9), subsection (D)

How to use tags�section (9), subsection(E)

Restriction on use of numbers�section(9), subsection (F)

Official tags, construction of�section(9), subsection (G)

Official tags, required information�sec-tion (9), subsection (H)

Official tags, obtaining�section (9),subsection (I)

Official tags, accountability�section(9), subsection (J)

Official tags, disposition of�section (9),subsection (K)

Prohibited Activity, Stolen Animals�sec-tion (10)

Records�section (11)Commercial breeders, dealers,

exhibitors, intermediate handlers and volun-tary licensees�section (11), subsection (A)

Auction sales and brokers�section (11),subsection (B)

Boarding kennels and commercial ken-nels�section (11), subsection (C)

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14 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

2 CSR 30-9�DEPARTMENT OF AGRICULTURE Division 30�Animal Health

Animal shelters, contract kennels,pounds and dog pounds�section (11), sub-section (D)

Pet shops�section (11), subsection (E)Carriers and intermediate handlers�

section (11), subsection (F)Health certification and identification�

section (11), subsection (G)C.O.D. shipments�section (11), sub-

section (H)Disposition of records�section (11),

subsection (I)Compliance With Standards and Holding

Periods�section (12)Holding Period�section (13)Miscellaneous�section (14)

Licensee, shall furnish information�section (14), subsection (A)

Licensee, shall permit access�section(14), subsection (B)

Inspection for missing animals�section(14), subsection (C)

Confiscation, destruction of animals�section (14), subsection (D)

Minimum age for selling/shipping dogor cat�section (14), subsection (E)

Handling of animals�section (14), sub-section (F)

Quality of handling�section (14), sub-section (F), paragraph 1.

Physical abuse not permitted�section(14), subsection (F), paragraph 2.

Deprivation, food/water not permitted�section (14), subsection (F), paragraph 3.

Public exhibition�section (14), subsec-tion (F), paragraph 4.

Performing animals�section (14), sub-section (F), paragraph 4., subparagraph A.

Public handling of immature animals�section (14), subsection (F), paragraph 4.,subparagraph B.

Use of tranquilizers/drugs�section(14), subsection (F), paragraph 4., subpara-graph C.

Exhibition, time/conditions�section(14), subsection (F), paragraph 4., subpara-graph D.

Public contact, attendant required�sec-tion (14), subsection (F), paragraph 4., sub-paragraph E.

Dangerous animals�section (14), sub-section (F), paragraph 4., subparagraph F.

Public feeding�section (14), subsection(F), paragraph 4., subparagraph G.

Procurement of Dogs and Cats�section(15)

Restriction of Sales�section (16)Exotic Animals�section (17)

AUTHORITY: sections 273.344 and 273.346,RSMo 2000.* Original rule filed Jan. 13,1994, effective Aug. 28, 1994. Amended:

Filed Oct. 24, 1994, effective May 28, 1995.Amended: Filed Nov. 30, 1995, effective July30, 1996. Amended: Filed May 15, 2003.effective Dec. 30, 2003.

*Original authority: 273.344, RSMo 1992; 273.346,RSMo 1992.

2 CSR 30-9.030 Animal Care FacilitiesMinimum Standards of Operation andTransportation

PURPOSE: This rule sets forth the minimumstandards for operation of animal care facili-ties and the transportation of animals.

(1) Facilities and Operating Standards. (A) Housing Facilities, General.

1. Structure and construction. Housingfacilities for dogs and cats must be designedand constructed so that they are structurallysound. They must be kept in good repair, andthey must protect the animals from injury,contain the animals securely and restrictother animals from entering.

2. Condition and site. Housing facilitiesand areas used for storing animal food orbedding must be free of any accumulation oftrash, waste material, junk, weeds and otherdiscarded materials. Animal areas inside ofhousing facilities must be kept neat and freeof clutter, including equipment, furniture andstored material, but may contain materialsactually used and necessary for cleaning thearea, and fixtures or equipment necessary forproper husbandry practices. Housing facili-ties must be physically separated from anyother business, like fur business, rabbitries,poultry operations and the like, located on thesame premises so that animals the size ofdogs, skunks and raccoons are preventedfrom entering it.

3. Surfaces. A. General requirements. The sur-

faces of housing facilities, including houses,dens and other furniture-type fixtures andobjects within the facility, must be construct-ed in a manner and made of materials thatallow them to be readily cleaned and sani-tized, or removed or replaced when worn orsoiled. Interior surfaces and any surfaces thatcome in contact with dogs or cats must befree of�

(I) Excessive rust that prevents therequired cleaning and sanitization or thataffects the structural strength of the surface;and

(II) Jagged edges or sharp pointsthat might injure the animals.

B. Maintenance and replacement ofsurfaces. All surfaces must be maintained ona regular basis. Surfaces of housing facilities,

including houses, dens and other furniture-type fixtures and objects within the facility,that cannot be readily cleaned and sanitized,must be replaced when worn or soiled.

C. Cleaning. Hard surfaces withwhich the dogs or cats come in contact mustbe spot-cleaned daily and sanitized in accor-dance with this section to prevent accumula-tion of excreta and reduce disease hazards.Floors made of dirt, absorbent bedding,sand, gravel, grass or other similar materialmust be raked or spot-cleaned with sufficientfrequency to ensure all animals the freedomto avoid contact with excreta. Contaminatedmaterial must be replaced whenever this rak-ing and spot-cleaning is not sufficient to pre-vent or eliminate odors, insects, pests or ver-min infestation. All other surfaces of housingfacilities must be cleaned and sanitized whennecessary to satisfy generally accepted hus-bandry standards and practices. Sanitizationmay be done using any of the methods pro-vided in this rule for primary enclosures.

4. Water and electric power. The hous-ing facility must have reliable electric poweradequate for heating, cooling, ventilation andlighting, and for carrying out other hus-bandry requirements in accordance with 2CSR 30-9. The housing facility must provideadequate potable running water for the ani-mals� drinking needs, for cleaning and forcarrying out other husbandry requirements.

5. Storage. A. Supplies of food and bedding must

be stored outside the animal area and in amanner that protects the supplies fromspoilage, contaminations and vermin infesta-tion. The supplies must be stored off the floorand away from the walls, to allow cleaningunderneath and around the supplies. Foodsrequiring refrigeration must be stored accord-ingly, and all food must be stored in a man-ner that prevents contamination and deterio-ration of its nutritive value. All open suppliesof food and bedding must be kept in leakproofcontainers with tightly fitting lids to preventcontamination and spoilage. Only food andbedding that is currently being used may bekept in the animal areas.

B. Chemicals used for normal hus-bandry practices, cleaning, disinfecting, andthe like, that may be toxic to the animals mustnot be stored in food storage or food prepara-tion areas, but may be stored in adjacentrooms or in secure cabinets in the animalareas. All chemicals and mixing containersmust be clearly labeled.

C. All medications must be stored inclean, dust restricting cabinets with well fit-ting doors or other suitable container withwell-fitting lid or top. All medications mustbe clearly marked, or labeled with patient�s

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name and directions if issued for a specificanimal. Manufacturers� labels, includingexpiration date, shall not be removed ordefaced. Medications such as dips, and rins-es and those marked for external use only,may be stored in the same cabinet but mustbe physically separated from other medica-tions.

6. Drainage and waste disposal. Housingfacility operators must provide for regularand frequent collection, removal and disposalof animal and food waste, bedding, debris,garbage, water, other fluids and wastes, anddead animals, in a manner that minimizescontamination and disease risks. Housingfacilities must be equipped with disposalfacilities and drainage systems that are con-structed and operated so that animal wasteand water are rapidly eliminated and animalsstay dry. Disposal and drainage systems mustminimize vermin and pest infestation,insects, odors and disease hazards. All drainsmust be properly constructed, installed andmaintained. If closed drainage systems areused, they must be equipped with traps andprevent the backflow of gases and the backupof sewage onto the floor. If the facility usessump or settlement ponds, or other similarsystems for drainage and animal waste dis-posal, the system must be located far enoughaway from the animal area of the housingfacility to prevent odors, diseases, pests andvermin infestation. Standing puddles of waterin animal enclosures and adjacent areas mustbe drained or mopped up so that the animalsstay dry. Trash containers in housing facili-ties, food storage and food preparation areasmust be leakproof and must have tightly fittedlids on them at all times. Dead animals, ani-mal parts and animal waste must not be keptin food storage or food preparation areas,food freezers, food refrigerators or animalareas.

7. Washrooms and sinks. Washing facil-ities such as washrooms, basins, sinks orshowers (as needed) must be provided for ani-mal caretakers and must be readily accessi-ble.

8. Fire detection and extinguishers. A. All indoor housing facilities and

the indoor portion of sheltered housing facil-ities shall be equipped with properly main-tained smoke or heat detection devices andextinguishers. Type, number and location ofthe detectors and extinguishers shall be inaccordance with the National Fire Code andlocal fire codes.

(B) Indoor Housing Facilities. 1. Heating, cooling and temperature.

Indoor housing facilities for animals must besufficiently heated and cooled when neces-sary to protect the animals from temperature

extremes and to provide for their health andwell-being. When animals are present, theambient temperature in the facility must notfall below fifty degrees Fahrenheit (50°F) orten degrees Celsius (10°C) for animals notacclimated to lower temperatures, for thosebreeds that cannot tolerate lower tempera-tures without stress or discomfort (such asshort-haired breeds) and for sick, aged,young or infirm animals, except as approvedby the attending veterinarian. Dry bedding,solid resting boards or other methods of con-serving body heat must be provided whentemperatures are below fifty degrees Fahren-heit (50°F) or ten degrees Celsius (10°C).The ambient temperature must not fall belowforty-five degrees Fahrenheit (45°F) or sevenpoint two degrees Celsius (7.2°C) for morethan four (4) consecutive hours when animalsare present, and must not rise above eighty-five degrees Fahrenheit (85°F) or twenty-nine point five degrees Celsius (29.5°C) formore than four (4) consecutive hours whenanimals are present.

2. Ventilation. Indoor housing facilitiesfor animals must be sufficiently ventilated atall times when animals are present to providefor their health and well-being, and to mini-mize odors, drafts, ammonia levels and mois-ture condensation. Ventilation must be pro-vided by windows, vents, fans or airconditioning. Auxiliary ventilation, such asfans, blowers or air conditioning must be pro-vided when the ambient temperature iseighty-five degrees Fahrenheit (85°F) ortwenty-nine point five degrees Celsius(29.5°C) or higher. The relative humiditymust be maintained at a level that ensures thehealth and well-being of dogs or cats housedin the facility, in accordance with the direc-tions of the attending veterinarian and gener-ally accepted professional and husbandrypractices.

3. Lighting. Indoor housing facilities foranimals must be lighted well enough to per-mit routine inspection, cleaning of the facili-ty and observation of the animals. Animalareas must be provided a regular diurnallighting cycle of either natural or artificiallight. Lighting must be uniformly diffusedthroughout animal facilities and provide suf-ficient illumination to aid in maintaininggood housekeeping practices, adequate clean-ing, adequate inspection of animals and forthe well-being of the animals. Primary enclo-sures must be placed so as to protect the ani-mals from excessive light.

4. Interior surfaces. The floors and wallsof indoor housing facilities and any other sur-faces in contact with the animals, must beimpervious to moisture. The ceilings ofindoor housing facilities must be impervious

to moisture or be replaceable, for example, asuspended ceiling with replaceable panels.

(C) Sheltered Housing Facilities. 1. Heating, cooling and temperature.

The sheltered part of sheltered housing facil-ities for animals must be sufficiently heatedand cooled when necessary to protect thedogs and cats from temperature extremes andto provide for their health and well-being.The ambient temperature in the sheltered partof the facility must not fall below fiftydegrees Fahrenheit (50° F) or ten degreesCelsius (10° C) for animals not acclimated tolower temperatures, for those breeds thatcannot tolerate lower temperatures withoutstress and discomfort (such as short-hairedbreeds) and for sick, aged, young or infirmanimals, except as approved by the attendingveterinarian. Dry bedding, solid restingboards, or other methods of conserving bodyheat must be provided when temperatures arebelow fifty degrees Fahrenheit (50°F) or tendegrees Celsius (10°C). The ambient temper-ature must not fall below forty-five degreesFahrenheit (45°F) or seven point two degreesCelsius (7.2°C) for more than four (4) con-secutive hours when animals are present, andmust not rise above eighty-five degreesFahrenheit (85°F) or twenty-nine point fivedegrees Celsius (29.5°C) for more than four(4) consecutive hours when animals are pre-sent.

2. Ventilation. The enclosed or shelteredpart of sheltered housing facilities for animalsmust be sufficiently ventilated when animalsare present to provide for their health andwell-being, and to minimize odors, drafts,ammonia levels and moisture condensation.Ventilation must be provided by windows,doors, vents, fans or air conditioning. Auxil-iary ventilation, such as fans, blowers or airconditioning must be provided when theambient temperature is eighty-five degreesFahrenheit (85°F) or twenty-nine point fivedegrees Celsius (29.5°C) or higher.

3. Lighting. Sheltered housing facilitiesfor animals must be lighted well enough topermit routine inspection and cleaning of thefacility and observation of the animals. Ani-mal areas must be provided a regular diurnallighting cycle of either natural or artificiallight. Lighting must be uniformly diffusedthroughout animal facilities and provide suf-ficient illumination to aid in maintaininggood housekeeping practices, adequate clean-ing, adequate inspection of animals and forthe well-being of the animals. Primary enclo-sures must be placed so as to protect the ani-mals from excessive light.

4. Shelter from the elements. Animalsmust be provided with adequate shelter fromthe elements at all times to protect their

CODE OF STATE REGULATIONS 15MATT BLUNT (11/30/03)Secretary of State

Chapter 9�Animal Care Facilities 2 CSR 30-9

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health and well-being. The shelter structuresmust be large enough to allow each animal tosit, stand and lie in a normal manner and toturn about freely.

5. Surfaces. A. The following areas in sheltered

housing facilities must be impervious tomoisture:

(I) Indoor floor areas in contactwith the animals;

(II) Outdoor floor areas in contactwith the animals, when the floor areas are notexposed to the direct sun, or are made of ahard material such as wire, wood, metal orconcrete; and

(III) All walls, boxes, houses, densand other surfaces in contact with the ani-mals.

B. Outside floor areas in contact withthe animals and exposed to the direct sun mayconsist of compacted earth, absorbent bed-ding, sand, gravel or grass.

(D) Outdoor Housing Facilities. 1. Restrictions. The following categories

of animals must not be kept in outdoor facil-ities, unless that practice is specificallyapproved by the attending veterinarian:

A. Animals that are not acclimated tothe temperatures prevalent in the area orregion where they are maintained;

B. Animal breeds that cannot toleratethe prevalent temperatures of the area withoutstress or discomfort (such as short-hairedbreeds in cold climates);

C. Sick, infirm, aged or young ani-mals; and

D. When their acclimation status isunknown, animals must not be kept in out-door facilities when the ambient temperatureis less than fifty degrees Fahrenheit (50°F) orten degrees Celsius (10°C).

2. Shelter from the elements. Outdoorfacilities for animals must include one (1) ormore shelter structures that are accessible toeach animal in each outdoor facility, and thatare large enough to allow each animal in theshelter structure to sit, stand and lie in a nor-mal manner, and to turn about freely. In addi-tion to the shelter structures, one (1) or moreseparate outside areas of shade must be pro-vided, large enough to contain all the animalsat once and protect them from the direct raysof the sun. Shelters in outdoor facilities foranimals must contain a roof, four (4) sidesand a floor, and must�

A. Provide the animals with adequateprotection and shelter from the cold and heat;

B. Provide the animals with protec-tion from the direct rays of the sun and thedirect effect of wind, rain or snow;

C. Be provided with a wind break andrain break at the entrance; and

D. Contain clean, dry bedding mate-rial if the ambient temperature is below fiftydegrees Fahrenheit (50°F) or ten degreesCelsius (10°C). Additional clean, dry bed-ding is required when the temperature isthirty-five degrees Fahrenheit (35°F) or onepoint seven degrees Celsius (1.7°C) or lower.

3. Construction. Building surfaces incontact with animals in outdoor housing facil-ities must be impervious to moisture. Metalbarrels, cars, refrigerators or freezers, andthe like must not be used as shelter struc-tures. The floors of outdoor housing facilitiesmay be of compacted earth, absorbent bed-ding, sand, gravel or grass, and must bereplaced if there are any prevalent odors, dis-eases, insects, pests or vermin. All surfacesmust be maintained on a regular basis. Sur-faces of outdoor housing facilities, includinghouses, dens and the like that cannot be read-ily cleaned and sanitized, must be replacedwhen worn or soiled.

(E) Mobile or Traveling Facilities. 1. Heating, cooling and temperature.

Mobile or traveling housing facilities for ani-mals must be sufficiently heated and cooledwhen necessary to protect the animals fromtemperature extremes and to provide for theirhealth and well-being. The ambient tempera-ture in the mobile or traveling housing facili-ty must not fall below fifty degrees Fahren-heit (50°F) or ten degrees Celsius (10°C) foranimals not acclimated to lower tempera-tures, for those breeds that cannot toleratelower temperatures without stress or discom-fort (such as short-haired breeds) and forsick, aged, young or infirm animals. Drybedding, solid resting boards, or other meth-ods of conserving body heat must be provid-ed when temperatures are below fifty degreesFahrenheit (50°F) or ten degrees Celsius(10°C). The ambient temperature must notfall below forty-five degrees Fahrenheit(45°F) or seven point two degrees Celsius(7.2°C) for more than four (4) consecutivehours when animals are present, and must notexceed eighty-five degrees Fahrenheit (85°F)or twenty-nine point five degrees Celsius(29.5°C) for more than four (4) consecutivehours when animals are present.

2. Ventilation. Mobile or traveling hous-ing facilities for animals must be sufficientlyventilated at all times when animals are pre-sent to provide for the health and well-beingof the animals and to minimize odors, drafts,ammonia levels, moisture condensation andexhaust fumes. Ventilation must be providedby means of windows, doors, vents, fans orair conditioning. Auxiliary ventilation suchas fans, blowers or air conditioning must beprovided when the ambient temperature with-in the animal housing area is eighty-five

degrees Fahrenheit (85°F) or twenty-ninepoint five degrees Celsius (29.5°C) or high-er.

3. Lighting. Mobile or traveling housingfacilities for animals must be lighted wellenough to permit proper cleaning and inspec-tion of the facility, and observation of the ani-mals. Animal areas must be provided a regu-lar diurnal lighting cycle of either natural orartificial light. Lighting must be uniformlydiffused throughout animal facilities and pro-vide sufficient illumination to aid in main-taining good housekeeping practices, ade-quate cleaning, adequate inspection ofanimals and for the well-being of the animals.

(F) Primary Enclosures. Primary enclo-sures for animals must meet the followingminimum requirements:

1. General requirements. A. Primary enclosures must be

designed and constructed of suitable materi-als so that they are structurally sound. Theprimary enclosure must be kept in goodrepair.

B. Primary enclosures must be con-structed and maintained so that they�

(I) Have no sharp points or edgesthat could injure the animals;

(II) Protect the animals frominjury;

(III) Contain the animals securely; (IV) Keep other animals from

entering the enclosure; (V) Enable the animals to remain

dry and clean; (VI) Provide shelter and protection

from extreme temperatures and weather con-ditions that may be uncomfortable or haz-ardous to the animals;

(VII) Provide sufficient shade toshelter all the animals housed in the primaryenclosure at one time;

(VIII) Provide all the animals witheasy and convenient access to clean food andwater;

(IX) Enable all surfaces in contactwith the animals to be readily cleaned andsanitized in accordance with this rule, or bereplaceable when worn or soiled;

(X) Have floors that are construct-ed in a manner that protects the animals� feetand legs from injury and that, if mesh or slat-ted construction, it must be constructed ofmaterials strong enough to prevent saggingand with a mesh small enough that will notallow the animals� feet to pass through anyopenings in the floor. If the floor of the pri-mary enclosure is constructed of wire, a solidresting surface(s) that, in the aggregate, islarge enough to hold all the occupants of theprimary enclosure at the same time comfort-ably must be provided; and

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2 CSR 30-9�DEPARTMENT OF AGRICULTURE Division 30�Animal Health

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(XI) Provide sufficient space toallow each animal to turn about freely, tostand, sit and lie in a comfortable, normalposition and to walk in a normal manner;

2. Additional requirements for cats. A. Space. Each cat, including weaned

kittens, that is housed in any primary enclo-sure must be provided minimum verticalspace and floor space as follows:

(I) Each primary enclosure housingcats must be at least twenty-four inches (24")high or sixty point ninety-six centimeters(60.96 cm). Temporary housing such asqueening cages may be reduced to a height ofeighteen inches (18") or forty-five point sev-enty-two centimeters (45.72 cm) to reduceinjury to kittens;

(II) Cats up to and including eightpoint eight (8.8) pounds or four (4) kilo-grams, must be provided with at least threepoint zero (3.0) square feet or zero pointtwenty-eight (0.28) square meters;

(III) Cats over eight point eight(8.8) pounds or four (4) kilograms must beprovided with at least four point zero (4.0)square feet or zero point thirty-seven (0.37)square meters;

(IV) Each queen with nursing kit-tens must be provided with an additionalamount of floor space, based on her breedand behavioral characteristics, and in accor-dance with generally accepted husbandrypractices. If the additional amount of floorspace for each nursing kitten is equivalent toless than five percent (5%) of the minimumrequirement for the queen, the housing mustbe approved by the state veterinarian; and

(V) The minimum floor spacerequired by this section is exclusive of anyfood or water pans. The litter pan may beconsidered part of the floor space if properlycleaned and sanitized.

B. Compatibility. All cats housed inthe same primary enclosure must be compat-ible, as determined by observation. Not morethan twelve (12) adult nonconditioned catsmay be housed in the same primary enclo-sure. Queens in heat may not be housed in thesame primary enclosure with sexually maturemales, except for breeding. Except whenmaintained in breeding colonies, queens withlitters may not be housed in the same prima-ry enclosure with other adult cats, and kittensunder four (4) months of age may not behoused in the same primary enclosure withadult cats, other than the dam or foster dam.Cats with a vicious or aggressive dispositionmust be housed separately.

C. Litter. In all primary enclosures, areceptacle containing sufficient clean littermust be provided to contain excreta and bodywastes.

D. Resting surfaces. Each primaryenclosure housing cats must contain a restingsurface(s) that, in the aggregate, are largeenough to hold all the occupants of the pri-mary enclosure at the same time comfortably.The resting surfaces must be elevated, imper-vious to moisture and be able to be easilycleaned and sanitized or easily replaced whensoiled or worn.

(I) Low resting surfaces that do notallow the space under them to be comfortablyoccupied by the animal will be counted aspart of the floor space. Floor space under lowresting surfaces shall not be counted as floorspace to meet the minimum space require-ments.

(II) Elevated resting surfaces willnot be required for short-term housing facili-ties such as boarding kennels, commercialkennels, contract kennels, pet shops, poundsor dog pounds, however, elevated resting sur-faces may be properly installed to increasefloor space to that required in this rule; and

3. Additional requirements for dogs. A. Space.

(I) Each dog housed in a primaryenclosure (including weaned puppies) mustbe provided a minimum amount of floorspace, calculated as follows: Find the mathe-matical square of the sum of the length of thedog in inches (measured from the tip of itsnose to the base of its tail) plus six inches(6"); then divide the product by one hundredforty-four (144). The calculation is: (lengthof dog in inches plus six (6)) times (length ofdog in inches plus six (6)) equals requiredfloor space in square inches. Required floorspace in inches divided by one hundred forty-four (144) equals required floor space insquare feet.

(II) Each bitch with nursing pup-pies must be provided with an additionalamount of floor space, based on her breedand behavioral characteristics, and in accor-dance with generally accepted husbandrypractices as determined by the attending vet-erinarian. If the additional amount of floorspace for each nursing puppy is less than fivepercent (5%) of the minimum requirementfor the bitch, this housing must be approvedby the state veterinarian.

(III) The interior height of a prima-ry enclosure must be at least six inches (6")higher than the head of the tallest dog in theenclosure when it is in a normal standingposition.

(IV) Dogs on tethers. (a) Dogs may be kept on tethers

only in outside housing facilities that meet therequirements of this rule, and then only whenthe tether meets the requirements of this para-graph. The tether must be attached to the

front of the dog�s shelter structure or to apost in front of the shelter structure and mustbe at least three (3) times the length of thedog, as measured from the tip of its nose tothe base of its tail. The tether must allow thedog convenient access to the shelter structureand to food and water containers. The tethermust be of the type and strength commonlyused for the size dog involved and must beattached to the dog by a well-fitted collar thatwill not cause trauma or injury to the dog.Collars made of materials such as wire, flatchains, chains with sharp edges, or chainswith rusty or nonuniform links are prohibit-ed. The tether must be attached so that thedog cannot become entangled with otherobjects or come into physical contact withother dogs in the outside housing facility, andso the dog can roam to the full range of thetether.

(b) Dog housing areas wheredogs are on tethers must be enclosed by aperimeter fence that is of sufficient height tokeep unwanted animals out. Fences less thansix feet (6') high must be approved by thestate veterinarian. The fence must be con-structed so that it protects the dogs by pre-venting animals the size of dogs, skunks andraccoons from going through it or under itand having contact with the dogs inside.

B. Compatibility. All dogs housed inthe same primary enclosure must be compat-ible, as determined by observation. Not morethan twelve (12) adult nonconditioned dogsmay be housed in the same primary enclo-sure. Bitches in heat may not be housed in thesame primary enclosure with sexually maturemales, except for breeding. Except whenmaintained in breeding colonies, bitches withlitters may not be housed in the same prima-ry enclosure with other adult dogs, and pup-pies under four (4) months of age may not behoused in the same primary enclosure withadult dogs, other than their dam or fosterdam. Dogs with a vicious or aggressive dis-position must be housed separately.

(2) Animal Health and Husbandry Standards. (A) Compatible Grouping. Animals

that are housed in the same primary enclo-sure must be compatible, with the followingrestrictions:

1. Females in heat (estrus) may not behoused in the same primary enclosure withmales, except for breeding purposes;

2. Any animal exhibiting a vicious oroverly aggressive disposition must be housedseparately;

3. Puppies or kittens four (4) months ofage or less may not be housed in the sameprimary enclosure with adult dogs or catsother than their dams or foster dams, except

CODE OF STATE REGULATIONS 17MATT BLUNT (11/30/03)Secretary of State

Chapter 9�Animal Care Facilities 2 CSR 30-9

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when permanently maintained in breedingcolonies;

4. Dogs or cats may not be housed in thesame primary enclosure with any otherspecies of animals, unless they are compati-ble; and

5. Dogs and cats that have or are sus-pected of having a contagious disease must beisolated from healthy animals in the colony,as directed by the attending veterinarian.When an entire group or room of animals isknown to have or believed to be exposed to aninfectious agent, the group may be kept intactduring the process of diagnosis, treatmentand control.

(B) Exercise for Dogs. 1. Animal shelters, boarding kennels,

commercial kennels, commercial breeders,dealers, exhibitors and voluntary licenseesmust develop, document and follow an appro-priate plan to provide dogs with an opportu-nity for exercise. In addition, the plan mustbe approved and signed by the licensee andthe attending veterinarian. The plan mustinclude written standard procedures to be fol-lowed in providing the opportunity for exer-cise. The plan must be made available to thestate veterinarian or his/her designated repre-sentative upon request. The plan, at a mini-mum, must comply with each of the follow-ing:

A. Dogs housed individually. Dogsover twelve (12) weeks of age, except bitcheswith litters, housed, held or maintained byany animal shelter, boarding kennel, com-mercial kennel, commercial breeder, dealer,exhibitor or voluntary licensee must be pro-vided the opportunity for exercise regularly ifthey are kept individually in cages, pens orruns that provide less than two (2) times therequired floor space for that dog, as pre-scribed in this rule.

B. Dogs housed in groups. Dogs overtwelve (12) weeks of age housed, held ormaintained in groups by any dealer orexhibitor do not require additional opportuni-ty for exercise regularly if they are main-tained in cages, pens or runs that provide intotal at least one hundred percent (100%) ofthe required space for each dog if maintainedseparately. These animals may be maintainedin compatible groups unless�

(I) In the opinion of the attendingveterinarian, this housing would adverselyaffect the health or well-being of the dog(s);or

(II) Any dog exhibits aggressive orvicious behavior.

2. Methods and period of providingexercise opportunity.

A. The frequency, method and dura-tion of the opportunity for exercise shall bedetermined by the attending veterinarian.

B. Licensees, in developing theirplan, should consider providing positivephysical contact with humans that encouragesexercise through play or other similar activi-ties. If a dog is housed, held or maintained ata facility without sensory contact with anoth-er dog, it must be provided with positivephysical contact with humans at least daily.

C. The opportunity for exercise maybe provided in a number of ways, such as�

(I) Group housing in cages, pens orruns that provide at least one hundred percent(100%) of the required space for each dog ifmaintained separately under the minimumfloor space requirements of this rule;

(II) Maintaining individuallyhoused dogs in cages, pens or runs that pro-vide at least twice the minimum floor spacerequired by this rule;

(III) Providing access to a run oropen area at the frequency and duration pre-scribed by the attending veterinarian; or

(IV) Other similar activities. D. Forced exercise methods or

devices such as swimming, treadmills orcarousel-type devices are unacceptable formeeting the requirements of this section.

3. Exemptions. If, in the opinion of theattending veterinarian, it is inappropriate forcertain dogs to exercise because of theirhealth, condition or well-being, the licenseemay be exempted from meeting the require-ments of this section for those specific dogs.This exemption must be documented by theattending veterinarian and, unless the basisfor exemption is a permanent condition, mustbe reviewed and signed at least every thirty(30) days by the attending veterinarian.

(C) Feeding. 1. Animals must be fed at least once

each twelve (12) hours, unless the dietaryrequirements of the species require a longerinterval and except as otherwise might berequired to provide adequate veterinary care.The food must be uncontaminated, whole-some, palatable and of sufficient quantity andnutritive value to maintain the normal condi-tion and weight of the animal. The diet mustbe appropriate for the individual animal�s ageand condition.

2. Food receptacles used for animalsmust be readily accessible to all animals andmust be located so as to minimize contami-nation by excreta and pests and be protectedfrom rain and snow. Feeding pans must eitherbe made of a durable material that can be eas-ily cleaned and sanitized or disposable. If thefood receptacles are not disposable, they mustbe kept clean and must be sanitized in accor-

dance with this rule. If the food receptaclesare disposable, they must be discarded afterone (1) use. Self-feeders may be used for thefeeding of dry food. If self-feeders are used,they must be kept clean and must be sanitizedin accordance with this rule. Measures mustbe taken to ensure that there is no molding,deterioration and caking of feed.

(D) Watering. If potable water is not con-tinually available to the animals, it must beoffered to the animals as often as necessary toensure their health and well-being, but notless than once each eight (8) hours for at leastone (1) hour each time, unless restricted bythe attending veterinarian. Water receptaclesmust be kept clean and sanitized in accor-dance with this rule and before being used towater a different animal or social grouping ofanimals.

(E) Cleaning, Sanitization, Housekeepingand Pest Control.

1. Cleaning of primary enclosures. Exc-reta and food waste must be removed fromprimary enclosures daily and from under pri-mary enclosures as often as necessary to pre-vent an excessive accumulation of feces andfood waste, to prevent soiling of the animalscontained in the primary enclosures, and toreduce disease hazards, insects, pests andodors. When steam or water is used to cleanthe primary enclosure, whether by hosing,flushing or other methods, animals must beremoved, unless the enclosure is large enoughto ensure the animals would not be harmed,wetted or distressed in the process. Standingwater must be removed from the primaryenclosure and adjacent areas. Animals inother primary enclosures must be protectedfrom being contaminated with water andother wastes during the cleaning. The pansunder primary enclosures with grill-typefloors and the ground areas under raised runswith wire or slatted floors must be cleaned asoften as necessary to prevent accumulation offeces and food waste and to reduce diseasehazards, pests, insects and odors.

2. Sanitization of primary enclosuresand food and water receptacles.

A. Used primary enclosures and foodand water receptacles must be cleaned andsanitized in accordance with this sectionbefore they can be used to house, feed orwater another animal, or social grouping ofanimals.

B. Used primary enclosures and foodand water receptacles for animals must besanitized at least once every two (2) weeksusing one (1) of the methods prescribed inthis section, and more often if necessary toprevent accumulation of dirt, debris, foodwaste, excreta and other disease hazards.

18 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

2 CSR 30-9�DEPARTMENT OF AGRICULTURE Division 30�Animal Health

Page 18: Rules of Department of Agriculture...cle, dish or container; (C) Adequate housing means the continu-ous provision of a sanitary facility, protection from the extremes of weather conditions,

C. Hard surfaces of primary enclo-sures and food and water receptacles must besanitized using one (1) of the following meth-ods:

(I) Live steam under pressure; (II) Washing with hot water (at least

one hundred eighty degrees Fahrenheit(180°F) or eighty-two point two degrees Cel-sius (82.2°C)) and soap or detergent, as witha mechanical cage washer; or

(III) Washing all soiled surfaceswith appropriate detergent solutions and dis-infectants, or by using a combination deter-gent/disinfectant product that accomplishesthe same purpose, with a thorough cleaningof the surfaces to remove organic material, soas to remove all organic material and miner-al build-up, and to provide sanitization fol-lowed by a clean water rinse.

D. Pens, runs and outdoor housingareas using material that cannot be sanitizedusing the methods previously stated, such asgravel, sand, grass, earth or absorbent bed-ding, must be sanitized by removing the con-taminated material as necessary to preventodors, diseases, pests, insects and vermininfestation.

3. Housekeeping for premises. Premiseswhere housing facilities are located, includ-ing buildings and surrounding grounds, mustbe kept clean and in good repair to protect theanimals from injury, to facilitate the hus-bandry practices required in this rule and toreduce or eliminate breeding and living areasfrom rodents and other pests and vermin.Premises must be kept free of accumulationsof trash, junk, waste products and discardedmatter. Weeds, grasses and bushes must becontrolled so as to facilitate cleaning of thepremises and pest control, and to protect thehealth and well-being of the animals.

4. Pest control. An effective programfor the control of insects, external parasitesaffecting dogs and cats and birds and mam-mals that are pests, must be established andmaintained so as to promote the health andwell-being of the animals and reduce contam-ination by pests in animal areas.

(F) Employees. Each person licensedunder the provisions of the Animal CareFacilities Act (ACFA) and who is maintainingdogs or cats, or both, must have enoughemployees to carry out the level of husbandrypractices and care required by this rule. Theemployees who provide for husbandry andcare or handle animals must be properlytrained in these activities to the degree thattheir work performance ensures all standardsare met in maintaining of the animals. Theseemployees shall be supervised by an individ-ual who has the knowledge, background andexperience in proper husbandry and care of

dogs and cats to supervise others. Theemployer must be certain that the supervisorand other employees can perform to thesestandards.

(G) Primary Enclosures When Homes AreUsed as Animal Facilities.

1. General requirements. Homes used asan animal housing facility must be the homesnormally occupied by the human inhabitantresponsible for caring for the animal(s) andmust be adequate and suitable for reasonableprudent humans to live in without health orinjury risks above those expected in a wellmanaged home. Houses shall not be compart-mentalized except to restrict entry into areaswhich may be hazardous to the animals.Areas compartmentalized from the main liv-ing area occupied by the human inhabitantsshall not be used as animal areas unless theymeet the standards of indoor housing facili-ties. The temperature in home housing facili-ties must be maintained between sixtydegrees and eighty-five degrees Fahrenheit(60°�85°F) at all times when animals arepresent.

A. Dogs and/or cats must be compat-ible to be housed in the same home.

B. The home must be equipped withsmoke or heat detectors.

C. Homes must be kept free of fleasand ticks.

2. Space and additional requirements.A. Cages or crates used to contain

animals for short periods of time within thehome must be large enough to permit the ani-mal to stand, sit, lie and turn around in a nor-mal manner and must additionally meet thestandards of primary enclosures used totransport live dogs or cats as specified in sub-section (3)(B) of this rule.

B. Dogs shall not be caged or cratedexcept:

(I) At night when the caregiverretires;

(II) For short periods of time whenthe caregiver is away from home or tem-porarily unable to supervise the animal; or

(III) When necessary for medicalreasons.

C. Cats shall not be caged or cratedunless necessary for medical reasons. If suchconfinement is expected to be in excess oftwenty-four (24) hours, an elevated restingsurface as specified in subparagraph(1)(F)2.D. of this rule must be providedunless such resting surface may aggravate themedical condition.

D. House pets being boarded orhoused in homes other than their owner�sshall not be tethered inside or outside thehouse. They shall be on a hand-held leashanytime they are outside the house except that

dogs may be unleashed for short periods oftime inside a properly fenced yard whenunder the supervision of the caregiver.

E. When pet animals are being board-ed in homes, the pet owner must be permit-ted to meet the caregiver and see the home,and the area of the home, that the animal willbe boarded in.

F. Animal wastes must be clearedfrom the exercise area on a regular basis andwith a frequency that assures animals exercis-ing in the area will not become soiled. If theinside of the home becomes soiled with ani-mal waste, the waste must be cleared and thearea cleaned immediately.

G. Animal must be placed in no lessthan a standard size room per animal. (Forexample, a four (4) room home will supportno more than four (4) animals.)

(3) Transportation Standards. (A) Consignments to Carriers and Inter-

mediate Handlers. 1. Carriers and intermediate handlers

must not accept a dog or cat for transport incommerce more than four (4) hours beforethe scheduled departure time of the primaryconveyance on which the animal is to betransported. However, a carrier or intermedi-ate handler may agree with anyone consign-ing a dog or cat to extend this time by up totwo (2) hours. Animals obtained by interme-diate handlers for boarding in conjunctionwith transportation are exempt from the four(4)-hour restriction.

2. Carriers and intermediate handlersmust not accept a dog or cat for transport incommerce unless they are provided with thename, address and telephone number of theconsignee.

3. Carriers and intermediate handlersmust not accept a dog or cat for transport incommerce unless the consignor certifies inwriting to the carrier or intermediate handlerthat the dog or cat was offered food and waterduring the four (4) hours before delivery tothe carrier or intermediate handler. The cer-tification must be securely attached to theoutside of the primary enclosure in a mannerthat makes it easily noticed and read. Instruc-tions for no food or water are not acceptableunless directed by the attending veterinarian.Instructions must be in compliance with thisrule. The certification must include the fol-lowing information for each dog and cat:

A. The consignor�s name andaddress;

B. The tag number or tattoo assignedto each dog or cat as required in 2 CSR 30-9;

CODE OF STATE REGULATIONS 19MATT BLUNT (11/30/03)Secretary of State

Chapter 9�Animal Care Facilities 2 CSR 30-9

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C. The time and date the animal waslast fed and watered and the specific instruc-tions for the next feeding(s) and watering(s)for a twenty-four (24)-hour period; and

D. The consignor�s signature and thedate and time the certification was signed.

4. Carriers and intermediate handlersmust not accept a dog or cat for transport incommerce in a primary enclosure unless theprimary enclosure meets the requirements ofthis rule. A carrier or intermediate handlermust not accept a dog or cat for transport ifthe primary enclosure is obviously defectiveor damaged and cannot reasonably be expect-ed to safely and comfortably contain the dogor cat without causing suffering or injury.

5. Carriers and intermediate handlersmust not accept a dog or cat for transport incommerce unless their animal holding areameets the minimum temperature require-ments contained in this rule, or unless theconsignor provides them with a certificatesigned by a veterinarian and dated no morethan ten (10) days before delivery of the ani-mal to the carrier or intermediate handler fortransport in commerce, certifying that theanimal is acclimated to temperatures lowerthan those required in this rule. Even if thecarrier or intermediate handler receives thiscertification, the temperatures the dog or catis exposed to while in a terminal facility mustnot be lower than forty-five degrees Fahren-heit (45°F) or seven point two degrees Cel-sius (7.2°C) for more than four (4) consecu-tive hours when dogs or cats are present, asset forth in this rule, nor lower than forty-fivedegrees Fahrenheit (45°F) or seven point twodegrees Celsius (7.2°C) for more than forty-five (45) minutes when moving dogs or catsto or from terminal facilities or primary con-veyances. A copy of the certification mustaccompany the dog or cat to its destinationand must include the following information:

A. The consignor�s name andaddress;

B. The tag number or tattoo assignedto each dog or cat as required in 2 CSR 30-9;

C. A statement by a veterinarian,dated no more than ten (10) days beforedelivery, that to the best of his/her knowl-edge, each of the dogs and cats contained inthe primary enclosure is acclimated to airtemperatures lower than fifty degrees Fahren-heit (50°F) or ten degrees Celsius (10°C);but not lower than a minimum temperature,specified on a certificate, that the attendingveterinarian has determined is based on gen-erally accepted temperature standards for theage, condition and breed of the dog or cat;and

D. The signature of the veterinarianand the date the certification was signed.

6. When a primary enclosure containinga dog or cat has arrived at the animal holdingarea at a terminal facility after transport, thecarrier or intermediate handler must attemptto notify the consignee upon arrival and atleast once in every six (6)-hour period afterthat. The time, date and method of allattempted notifications and the actualnotification of the consignee, and the name ofthe person who notifies or attempts to notifythe consignee must be written either on thecarrier�s or intermediate handler�s copy ofthe shipping document or on the copy thataccompanies the primary enclosure. If theconsignee cannot be notified within twenty-four (24) hours after the dog or cat hasarrived at the terminal facility the carrier orintermediate handler must return the animalto the consignor or to whomever the con-signor designates. If the consignee is notifiedof the arrival and does not accept delivery ofthe dog or cat within forty-eight (48) hoursafter arrival of the dog or cat, the carrier orintermediate handler must return the animalto the consignor or to whomever the con-signor designates. The carrier or intermediatehandler must continue to provide proper care,feeding and housing to the dog or cat inaccordance with generally accepted profes-sional and husbandry practices until the con-signee accepts delivery of the dog or cat oruntil it is returned to the consignor or towhomever the consignor designates. The car-rier or intermediate handler must obligate theconsignor to reimburse the carrier or inter-mediate handler for the cost of return trans-portation and care.

(B) Primary Enclosures Used to TransportLive Dogs and Cats. Any person subject tothe ACFA shall not transport or deliver fortransport in commerce a dog or cat unless thefollowing requirements are met:

1. Construction of primary enclosures.The dog or cat must be contained in a prima-ry enclosure such as a compartment, trans-port cage, carton or crate. Primary enclo-sures used to transport dogs and cats must beconstructed so that�

A. The primary enclosure is strongenough to contain the dogs and cats securelyand comfortably and to withstand normal rig-ors of transportation;

B. The interior of the primary enclo-sure has no sharp points or edges and no pro-trusions that could injure the animal con-tained in it;

C. The dog or cat is at all timessecurely contained within the enclosure andcannot put any part of its body outside theenclosure in a way that could result in injury

to itself, to handlers or to persons or animalsnearby;

D. The dog or cat can be easily andquickly removed from the enclosure in anemergency;

E. Unless the enclosure is permanent-ly affixed to the conveyance, adequatedevices such as handles or handholds are pro-vided on its exterior, and enable the enclosureto be lifted without tilting it, and ensure thatanyone handling the enclosure will not comeinto physical contact with the animal con-tained inside;

F. Unless the enclosure is permanent-ly affixed to the conveyance, it is clearlymarked on top and on one (1) or more sideswith the words �Live Animals�, in letters atleast one inch (1") or two point five centime-ters (2.5 cm) high and with arrows or othermarkings to indicate the correct upright posi-tion of the primary enclosure;

G. Any material, treatment, paint,preservative or other chemical used in or onthe enclosure is nontoxic to the animal andnot harmful to the health or well-being of theanimal;

H. Proper ventilation is provided tothe animal in accordance with this rule; and

I. The primary enclosure has a solid,leak-proof bottom or a removable, leak-proofcollection tray under a slatted or wire floorthat prevents seepage of waste products, suchas excreta and body fluids, outside of theenclosure. If a slatted or wire mesh floor isused in the enclosure, it must be designed andconstructed so that the animal cannot put anypart of its body between the slats or throughthe holes in the mesh. Unless the dogs andcats are on raised slatted floors or raisedfloors made of wire mesh, the primary enclo-sure must contain enough previously unusedlitter to absorb and cover excreta. The littermust be of a suitably absorbent material thatis safe and nontoxic to the dogs and cats;

2. Cleaning of primary enclosures. Aprimary enclosure used to hold or transportdogs or cats in commerce must be cleanedand sanitized before each use in accordancewith the methods provided in this rule. If thedogs or cats are in transit for more than twen-ty-four (24) hours, the enclosures must becleaned and any litter replaced or other meth-ods, such as moving the animals to anotherenclosure, must be utilized to prevent thesoiling of the dogs or cats by body wastes. Ifit becomes necessary to remove the dog orcat from the enclosure in order to clean, or tomove the dog or cat to another enclosure, thisprocedure must be completed in a way thatsafeguards the dog or cat from injury andprevents escape;

3. Ventilation.

20 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

2 CSR 30-9�DEPARTMENT OF AGRICULTURE Division 30�Animal Health

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A. Unless the primary enclosure ispermanently affixed to the conveyance, theremust be�

(I) Ventilation openings located ontwo (2) opposing walls of the primary enclo-sure and the openings must be at least sixteenpercent (16%) of the surface area of eachsuch wall and the total combined surface areaof the ventilation openings must be at leastfourteen percent (14%) of the total combinedsurface area of all the walls of the primaryenclosure; or

(II) Ventilation openings on three(3) walls of the primary enclosure, and theopenings on each of the two (2) opposingwalls must be at least eight percent (8%) ofthe total surface area of the two (2) walls, andthe ventilation openings on the third wall ofthe primary enclosure must be at least fiftypercent (50%) of the total surface area of thatwall, and the total combined surface area ofthe ventilation openings must be at least four-teen percent (14%) of the total combined sur-face area of all the walls of the primary enclo-sure; or

(III) Ventilation openings locatedon all four (4) walls of the primary enclosureand the ventilation openings on each of thefour (4) walls must be at least eight percent(8%) of the total surface area of each suchwall, and the total combined surface area ofthe openings must be at least fourteen percent(14%) of total combined surface area of allthe walls of the primary enclosure; and

(IV) At least one-third (1/3) of theventilation area must be located on the upperhalf of the primary enclosure.

B. Unless the primary enclosure ispermanently affixed to the conveyance, pro-jecting rims or similar devices must be locat-ed on the exterior of each enclosure wall hav-ing a ventilation opening in order to preventobstruction of the openings. The projectingrims or similar devices must be large enoughto provide a minimum air circulation space ofzero point seventy-five inch (0.75") or onepoint nine centimeters (1.9 cm) between theprimary enclosure and anything the enclosureis placed against.

C. If a primary enclosure is perma-nently affixed to the primary conveyance sothat there is only a front ventilation openingfor the enclosure, the primary enclosure mustbe affixed to the primary conveyance in sucha way that the front ventilation opening can-not be blocked and the front ventilation open-ing must open directly to an unobstructedaisle or passageway inside the conveyance.The ventilation opening must be at least nine-ty percent (90%) of the total area of the frontwall of the enclosure, and must be covered

with bars, wire mesh or smooth expandedmetal having air spaces;

4. Compatibility. A. Live dogs or cats transported in

the same primary enclosure must be of thesame species and be maintained in compati-ble groups, except that dogs and cats that areprivate pets, are of comparable size and arecompatible may be transported in the sameprimary enclosure.

B. Puppies or kittens four (4) monthsof age or less may not be transported in thesame primary enclosure with adult dogs orcats other than their dams.

C. Dogs or cats that are overlyaggressive or exhibit a vicious dispositionmust be transported individually in a primaryenclosure.

D. Any female dog or cat in heat(estrus) may not be transported in the sameprimary enclosure with any male dog or cat;

5. Space and placement. A. Primary enclosures used to trans-

port live dogs and cats must be large enoughto ensure that each animal contained in theprimary enclosure has enough space to turnabout normally while standing, to stand andsit erect and to lie in a natural position.

B. Primary enclosures used to trans-port dogs and cats must be positioned in theprimary conveyance so as to provide protec-tion from the elements.

6. Transportation by air. A. No more than one (1) live dog or

cat, six (6) months of age or older, may betransported in the same primary enclosurewhen shipped via air carrier.

B. No more than one (1) live puppy,eight (8) weeks to six (6) months of age, andweighing over twenty (20) pounds or nine (9)kilograms may be transported in a primaryenclosure when shipped via air carrier.

C. No more than two (2) live puppiesor kittens, eight (8) weeks to six (6) monthsof age, that are of comparable size, andweighing twenty (20) pounds or nine (9) kilo-grams or less each may be transported in thesame primary enclosure when shipped via aircarrier.

D. Weaned live puppies or kittens lessthan eight (8) weeks of age and of compara-ble size, or puppies or kittens that are lessthan eight (8) weeks of age that are litter-mates and are accompanied by their dam,may be transported in the same primaryenclosure when shipped to research facilities,including federal research facilities;

7. Transportation by surface vehicle orprivately owned aircraft.

A. No more than four (4) live dogs orcats, eight (8) weeks of age or older, that areof comparable size, may be transported in the

same primary enclosure when shipped bysurface vehicle (including ground and watertransportation) or privately owned aircraft,and only if all other requirements of this sec-tion are met.

B. Weaned live puppies or kittens lessthan eight (8) weeks of age and of compara-ble size or puppies or kittens that are lessthan eight (8) weeks of age that are litter-mates and are accompanied by their dam maybe transported in the same primary enclosurewhen shipped to research facilities, includingfederal research facilities, and only if allother requirements in this section are met;and

8. Accompanying documents andrecords. Shipping documents that mustaccompany shipments of dogs and cats maybe held by the operator of the primary con-veyance, for surface transportation only ormust be securely attached in a readily acces-sible manner to the outside of any primaryenclosure that is part of the shipment, in amanner that allows them to be detached forexamination and securely reattached, such asin a pocket or sleeve. Instructions for admin-istration of drugs, medication and other spe-cial care must be attached to each primaryenclosure in a manner that makes them easyto notice, to detach for examination and toreattach securely. Food and water instructionsmust be attached as required in this rule.

(C) Primary conveyances (motor vehicle,rail, air and marine).

1. The animal cargo space of primaryconveyances used to transport dogs and catsmust be designed, constructed and main-tained in a manner that at all times protectsthe health and well-being of the animalstransported in them, ensures their safety andcomfort and prevents the entry of engineexhaust from the primary conveyance duringtransportation.

2. The animal cargo space must have asupply of air that is sufficient for the normalbreathing of all the animals being transportedin it.

3. Each primary enclosure containingdogs or cats must be positioned in the animalcargo space in a manner that provides protec-tion from the elements and that allows eachdog or cat enough air for normal breathing.

4. During air transportation, dogs andcats must be held in cargo areas that are heat-ed or cooled as necessary to maintain anambient temperature that ensures the healthand well-being of the dogs or cats. The cargoareas must be pressurized when the primaryconveyance used for air transportation is noton the ground, unless flying under eight thou-sand feet (8000'). Dogs and cats must have

CODE OF STATE REGULATIONS 21MATT BLUNT (11/30/03)Secretary of State

Chapter 9�Animal Care Facilities 2 CSR 30-9

Page 21: Rules of Department of Agriculture...cle, dish or container; (C) Adequate housing means the continu-ous provision of a sanitary facility, protection from the extremes of weather conditions,

adequate air for breathing at all times whenbeing transported.

5. During surface transportation, auxil-iary ventilation, such as fans, blowers or airconditioning, must be used in any animalcargo space containing live dogs or cats whenthe ambient temperature within the animalcargo space reaches eighty-five degreesFahrenheit (85°F) or twenty-nine point fivedegrees Celsius (29.5°C). Moreover, theambient temperature may not exceed eighty-five degrees Fahrenheit (85°F) or twenty-nine point five degrees Celsius (29.5°C) formore than four (4) hours; nor fall belowforty-five degrees Fahrenheit (45°F) or sevenpoint two degrees Celsius (7.2°C) for a peri-od of more than four (4) hours.

6. Primary enclosures must be posi-tioned in the primary conveyance in a mannerthat allows the dogs and cats to be quicklyand easily removed from the primary con-veyance in an emergency.

7. The interior of the animal cargo spacemust be kept clean.

8. Live dogs and cats may not be trans-ported with any material, substance (forexample, dry ice) or device in a manner thatmay reasonably be expected to harm the dogsand cats or cause inhumane conditions.

9. Motor vehicles used to transport ani-mals in Missouri by persons subject to theACFA must be mechanically sound, musthave a current state inspection and must haveproof of insurance.

(D) Food and Water Requirements. Thisshall not apply to licensees such as boardingkennels or commercial kennels using localservices for close proximity or intracitydelivery of pets in connection with their nor-mal services.

1. Each dog and cat that is sixteen (16)weeks of age or more must be offered food atleast once every twenty-four (24) hours. Pup-pies and kittens less than sixteen (16) weeksof age must be offered food at least onceevery twelve (12) hours. These time periodsapply to all persons licensed under theACFA, except carriers and intermediate han-dlers, who transport dogs and cats in theirown primary conveyance, starting from thetime the dog or cat was last offered food andpotable water before transportation wasbegun. These time periods apply to carriersand intermediate handlers starting from thedate and time stated on the certificaterequired in this rule. Each dog and cat mustbe offered food and potable water within four(4) hours before being transported in com-merce. Consignors who are subject to theACFA must certify that each dog and cat wasoffered food and potable water within thefour (4) hours preceding delivery of the dog

or cat to a carrier or intermediate handler fortransportation in commerce, and must certifythe date and time the food and potable waterwas offered in accordance with this rule.

2. Any person licensed under the ACFAoffering any dog or cat to a carrier or inter-mediate handler for transportation in com-merce must securely attach to the outside ofthe primary enclosure used for transportingthe dog or cat, written instructions for the in-transit food and water requirements for atwenty-four (24)-hour period for the dogs andcats contained in the enclosure. The instruc-tions must be attached in a manner thatmakes them easily noticed and read.

3. Food and water receptacles must besecurely attached inside the primary enclo-sure and placed so that the receptacles can befilled from outside the enclosure withoutopening the door. Food and water containersmust be designed, constructed and installedso that a dog or cat cannot leave the primaryenclosure through the food or water opening.

(E) Care in Transit. 1. Surface transportation (ground and

water). Any person subject to the ACFAtransporting dogs or cats in commerce mustensure that the operator of the conveyance ora person accompanying the operator,observes the dogs or cats as often as circum-stances allow, but not less than once everyfour (4) hours, to make sure they have suffi-cient air for normal breathing, that the ambi-ent temperature is within the limits set forthin this rule and that all applicable transporta-tion standards are complied with. The regu-lated person must ensure that the operator orperson accompanying the operator deter-mines whether any of the dogs or cats are inobvious physical distress and obtains any vet-erinary care needed for the dogs or cats at theclosest available veterinary facility.

2. Air transportation. During air trans-portation of dogs or cats it is the responsibil-ity of the carrier to observe the dogs or catsas frequently as circumstances allow, but notless than once every four (4) hours if the ani-mal cargo area is accessible during flight. Ifthe animal cargo area is not accessible duringflight, the carrier must observe the dogs orcats whenever they are loaded and unloadedand whenever the animal cargo space is oth-erwise accessible to make sure they have suf-ficient air for normal breathing, that the ani-mal cargo area meets the heating and coolingrequirements of this rule and that all otherapplicable standards in 2 CSR 30-9 are beingcomplied with. The carrier must determinewhether any of the dogs or cats are in obvi-ous physical distress and arrange for anyneeded veterinary care as soon as possible.

3. If a dog or cat is obviously ill, injuredor in physical distress, it must not be trans-ported in commerce, except to receive veteri-nary care for the condition.

4. Except during the cleaning of prima-ry enclosures as required in this rule, duringtransportation in commerce a dog or cat mustnot be removed from its primary enclosure,unless it is placed in another primary enclo-sure or facility that meets the requirements ofthis rule.

5. The transportation standards in thisrule must be complied with until a consigneetakes physical delivery of the dog or cat if theanimal is consigned for transportation or untilthe animal is returned to the consignor.

(F) Terminal Facilities. 1. Placement. Any person subject to the

ACFA must not commingle shipments of dogsor cats with inanimate cargo in animal hold-ing areas of terminal facilities.

2. Cleaning, sanitization and pest con-trol. All animal holding areas of terminalfacilities must be cleaned and sanitized in amanner prescribed in this rule, as often asnecessary to prevent an accumulation ofdebris or excreta and to minimize vermininfestation and disease hazards. Terminalfacilities must follow an effective program inall animal holding areas for the control ofinsects, ectoparasites and birds and mammalsthat are pests to dogs and cats.

3. Ventilation. Ventilation must be pro-vided in any animal holding area in a termi-nal facility containing dogs or cats, by meansof windows, doors, vents or air conditioning.The air must be circulated by fans, blowers orair conditioning so as to minimize drafts,odors and moisture condensation. Auxiliaryventilation, such as exhaust fans, vents, fans,blowers or air conditioning must be used inany animal holding area containing dogs andcats, when the ambient temperature is eighty-five degrees Fahrenheit (85°F) or twenty-nine point five degrees Celsius (29.5°C) orhigher.

4. Temperature. The ambient tempera-ture in an animal holding area containingdogs or cats must not fall below forty-fivedegrees Fahrenheit (45°F) or seven point twodegrees Celsius (7.2°C), or rise aboveeighty-five degrees Fahrenheit (85°F) ortwenty-nine point five degrees Celsius(29.5°C) for more than four (4) consecutivehours at any time dogs or cats are present.The ambient temperature must be measuredin the animal holding area by the carrier,intermediate handler or a person transportingdogs or cats who is subject to the ACFA, out-side any primary enclosure containing a dogor cat at a point not more than three feet (3')or zero point ninety-one meters (0.91 m)

22 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

2 CSR 30-9�DEPARTMENT OF AGRICULTURE Division 30�Animal Health

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CODE OF STATE REGULATIONS 23MATT BLUNT (11/30/03)Secretary of State

Chapter 9�Animal Care Facilities 2 CSR 30-9

away from an outside wall of the primaryenclosure and approximately midway up theside of the enclosure.

5. Shelter. Any person subject to theACFA holding a live dog or cat in an animalholding area of a terminal facility must pro-vide the following:

A. Shelter from sunlight and extremeheat. Shade must be provided that is suffi-cient to protect the dog or cat from the directrays of the sun; and

B. Shelter from rain or snow. Suffi-cient protection must be provided to allow thedogs and cats to remain dry during rain, snowand other precipitation.

6. Duration. The length of time any per-son subject to the ACFA can hold dogs andcats in animal holding areas of terminal facil-ities upon arrival is the same as that providedin this rule.

(G) Handling. 1. Any person subject to the ACFA who

moves (including loading and unloading)dogs or cats within, to or from the animalholding area of a terminal facility or a prima-ry conveyance must do as quickly and effi-ciently as possible and must provide the fol-lowing during movement of the dog or cat:

A. Shelter from sunlight and extremeheat. Sufficient shade must be provided toprotect the dog or cat from the direct rays ofthe sun. The dog or cat must not be exposedto an ambient air temperature above eighty-five degrees Fahrenheit (85°F) or twenty-nine point five degrees Celsius (29.5°C) fora period of more than forty-five (45) minuteswhile being moved to or from a primary con-veyance or a terminal facility. The tempera-ture must be measured in the manner provid-ed in this rule.

B. Shelter from rain and snow. Suffi-cient protection must be provided to allow thedogs and cats to remain dry during rain, snowand other precipitation.

C. Transporting devices on which livedogs or cats are placed to move them must becovered to protect the animals when outdoortemperature falls below fifty degrees Fahren-heit (50°F) or ten degrees Celsius (10°C).The dogs or cats must not be exposed to anambient temperature below forty-five degreesFahrenheit (45°F) or seven point two degreesCelsius (7.2°C) for a period of more thanforty-five (45) minutes unless they areaccompanied by a certificate of acclimationto lower temperatures as provided in this rule.The temperature must be measured in themanner provided in this rule.

2. Any person handling a primary enclo-sure containing a dog or cat must use careand must avoid causing physical harm or dis-tress to the dog or cat.

A. A primary enclosure containing alive dog or cat must not be placed on unat-tended conveyor belts or on elevated convey-or belts, such as baggage claim conveyorbelts and inclined conveyor ramps that lead tobaggage claim areas, at any time; except thata primary enclosure may be placed oninclined conveyor ramps used to load andunload aircraft if an attendant is present ateach end of the conveyor belt.

B. A primary enclosure containing adog or cat must not be tossed, dropped orneedlessly tilted and must not be stacked in amanner that may reasonably be expected toresult in its falling. It must be handled andpositioned in a manner that written instruc-tions and arrows on the outside of the prima-ry enclosure indicate.

3. This section applies to movement of adog or cat from primary conveyance, withina primary conveyance or terminal facility,and to or from a terminal facility or a prima-ry conveyance.

(4) Index.Facilities and Operating Standards�sec-

tion (1)Housing facilities, general�section (1),

subsection (A)Structure and construction�section (1),

subsection (A), paragraph 1.Condition and site�section (1), subsec-

tion (A), paragraph 2.Surfaces�section (1), subsection (A),

paragraph 3.Water and electric power�section (1),

subsection (A), paragraph 4.Storage�section (1), subsection (A),

paragraph 5.Drainage and waste disposal�section

(1), subsection (A), paragraph 6.Washrooms and sinks�section (1), sub-

section (A), paragraph 7.Fire detection and extinguishers�sec-

tion (1), subsection (A), paragraph 8.Indoor housing facilities�section (1), sub-

section (B)Heating, cooling and temperature�sec-

tion (1), subsection (B), paragraph 1.Ventilation�section (1), subsection (B),

paragraph 2.Lighting�section (1), subsection (B),

paragraph 3.Interior surfaces�section (1), subsec-

tion (B), paragraph 4.Sheltered housing facilities�section (1),

subsection (C)Heating, cooling and temperature�sec-

tion (1), subsection (C), paragraph 1.Ventilation�section (1), subsection (C),

paragraph 2.

Lighting�section (1), subsection (C),paragraph 3.

Shelter from the elements�section (1),subsection (C), paragraph 4.

Surfaces�section (1), subsection (C),paragraph 5.

Outdoor housing facilities�section (1),subsection (D)

Restrictions�section (1), subsection(D), paragraph 1.

Shelter from the elements�section (1),subsection (D), paragraph 2.

Construction�section (1), subsection(D), paragraph 3.

Mobile or traveling facilities�section (1),subsection (E)

Heating, cooling and temperature�sec-tion (1), subsection (E), paragraph 1.

Ventilation�section (1), subsection (E),paragraph 2.

Lighting�section (1), subsection (E),paragraph 3.

Primary enclosure�section (1), subsection(F)

General requirements�section (1), sub-section (F), paragraph 1.

Space/additional requirements for cats�section (1), subsection (F), paragraph 2.

Space/additional requirements fordogs�section (1), subsection (F), paragraph3.

Animal Health and Husbandry Standards�section (2)

Compatible grouping�section (2), sub-section (A)

Exercise for dogs�section (2), subsec-tion (B)

Feeding�section (2), subsection (C)Watering�section (2), subsection (D)Cleaning, sanitization, housekeeping

and pest control�section (2), subsection (E)Employees�section (2), subsection (F)Transportation Standards�section (3)Consigning animals�section (3), sub-

section (A)Primary enclosure�section (3), subsection

(B)Primary conveyance�section (3), subsec-

tion (C)Food and water requirements�section (3),

subsection (D)Care in transit�section (3), subsection

(E)Terminal facilities�section (3), subsection

(F)Handling�section (3), subsection (G)

AUTHORITY: sections 273.344 and 273.346,RSMo 1994.* Amended: Filed Nov. 30, 1995,effective July 30, 1996.

*Original authority: 273.344, RSMo 1992 and 273.346,RSMo 1992.