TITLE 35.  Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 55.  Commercial Pet Breeders and Animal Shelters
[OAR Docket #18-444]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Standards of Care
35:55-3-1. Incorporation by reference [AMENDED]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2); and 4 O.S. § 30.1 et seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 16, 2017
COMMENT PERIOD:
December 1, 2017 through January 5, 2018
PUBLIC HEARING:
January 5, 2018
ADOPTION:
January 23, 2018
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
February 1, 2018
APPROVED BY GOVERNOR’S DECLARATION:
Approved by Governor's declaration on June 18, 2018
FINAL ADOPTION:
June 18, 2018
EFFECTIVE:
September 14, 2018
SUPERSEDED EMERGENCY ACTIONS:
n/a
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
9 CFR (2017 Revision) unless otherwise specified.
Incorporating Rules:
35:55-3-1
Availability:
8:00 a.m. to 4:30 p.m., Monday through Friday at the Oklahoma Department of Agriculture, Food and Forestry, 2800 N. Lincoln Blvd., Oklahoma City, OK 73105, (405) 522-5803.
GIST/ANALYSIS:
The proposed rule amendments update citations to the Code of Federal Regulations.
CONTACT PERSON:
Bennett Abbott, Assistant General Counsel, Oklahoma Department of Agriculture, Food, and Forestry, Office of General Counsel, P.O. Box 528804, Oklahoma City, OK 73152-8804, phone: (405) 522-5803, email: bennett.abbott@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(5) AND 308(E) WITH AN EFFECTIVE DATE OF SEPTEMBER 14, 2018:
SUBCHAPTER 3.  Standards of Care
35:55-3-1.  Incorporation by reference
(a)    The following provisions of Title 9 of the Code of Federal Regulations and the requirements contained therein pertaining to Animal Welfare, Part 3 (Standards)are, unless otherwise specified, adopted and incorporated by reference in their entirety:
(1)    3.1 (housing facilities, general)
(2)    3.2 (indoor housing facilities)
(3)    3.3 (sheltered housing facilities)
(4)    3.4 (outdoor housing facilities)
(5)    3.5 (mobile or traveling housing facilities)
(6)    3.6 (primary enclosures), except for 3.6 (c)(1)(ii) and (c)(2)
(7)    3.7 (compatible grouping)
(8)    3.8 (exercise for dogs)
(9)    3.9 (feeding)
(10)    3.11 (cleaning, sanitization, housekeeping, and pest control)
(11)    3.12 (employees)
(12)    3.13 (consignments to carriers and intermediate handlers)
(13)    3.14 (primary enclosures used to transport live dogs and cats)
(14)    3.15 (primary conveyances [motor vehicle, rail, air, and marine])
(15)    3.16 (food and water requirements)
(16)    3.17 (care in transit)
(17)    3.18 (terminal facilities)
(18)    3.19 (handling)
(b)    When reference is made to a federal entity, it shall mean the state counterpart.
(c)    When reference is made to 9 C.F.R. it means, unless otherwise specified, the volume of 9 C.F.R. as published on July 1 (2016)(2017).
[OAR Docket #18-444; filed 6-22-18]