Title 2-DEPARTMENT OF AGRICULTURE

Division 30-Animal Health

Chapter 9-Animal Care Facilities

EMERGENCY AMENDMENT

2 CSR 30-9.020 Animal Care Facility Rules Governing Licensing, Fees, Reports, Record Keeping, Veterinary Care, Identification, and Holding Period. The director is amending subsection (1)(E), adding subsection (1)(M) and renumbering the remaining subsections, and amending subsection (2)(A).

PURPOSE: This amendment establishes provisions for changes made in the statutes that were effective August 28, 2010.

EMERGENCY STATEMENT: This emergency amendment informs any person or organization operating an animal shelter or rescue organization that they must now meet the licensing requirements in 2 CSR 30-9.020 to be in compliance with changes made by the legislature in 273.327, RSMo, effective August 28, 2010. Facilities licensed under the Animal Care Facilities Act must be inspected once per year or upon complaint. Over three hundred (300) facilities were being inspected at the cost of the state. Exemption from payment of license fees was eliminated by this change in order to maintain funding for the Animal Care Facilities Act Program. The information was shared with the Missouri Animal Control Association at their annual convention on September 24, 2010. All animal shelters and rescue organizations affected by the newly instituted license fee were sent correspondence on December 7, 2010, informing them of the new licensing requirements. This emergency amendment is necessary to protect the safety and welfare of the companion animal industry of Missouri. If the rule were to go through the normal rulemaking process, the program would not comply with its own statute during the next license renewal cycle mandated to occur on January 31 of each year. A proposed amendment, which covers the same material, is published in this issue of the Missouri Register. The scope of this emergency amendment is limited to the circumstances creating the emergency and complies with the protection extended in the Missouri and United States Constitutions. The Department of Agriculture believes this emergency amendment is fair to all interested persons and parties under the circumstances. This emergency amendment was filed on December 7, 2010, becomes effective December 17, 2010, and expires June 14, 2011.

(1) Application For License and Conditions of Issuing.

(E) [The following facilities] Pounds or dog pounds are exempt from the licensing fees but must meet all other standards in 2 CSR 30-9[,] and will be inspected at least annually[:].

[1. Animal shelters; and

2. Pounds or dog pounds.]

(M) The Department of Agriculture shall not retain, contract with, or otherwise utilize the services of the personnel of any nonprofit organization for the purpose of inspection or licensing of any animal shelter, pound or dog pound, boarding kennel, commercial kennel, contract kennel, commercial breeder, hobby or show breeder, or pet shop under sections 273.325 to 273.357, RSMo.

[(M)](N) A licensee or applicant for a license shall not interfere with, threaten, abuse (including verbal abuse) or harass any inspector, state or federal official while carrying out his/her duties.

[(N)](O) A license shall be issued to specific persons for specific premises, facilities, and operations, and does not transfer upon change of ownership or any other significant change of business or operation nor [are they] is it valid at a different location. Otherwise, a license issued under 2 CSR 30-9 shall be valid and effective unless-

1. The license has been revoked or suspended pursuant to section 273.329, RSMo;

2. The license is voluntarily terminated by the written request of the licensee to the director;

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

4. The applicant did not pay the license fee as required.

[(O)](P) There will be no refund of fees if a license is terminated for any reason before its expiration.

[(P)](Q) Licensees must accept delivery of registered mail or certified mail notice and provide the director notice of any change of address.

[(Q)](R) All licenses will expire on January 31 each year and will automatically terminate at midnight on that date unless the properly completed application with the appropriate fee has been received by the director. A person whose license has been automatically terminated shall not conduct any activity for which a license is required by the ACFA until all requirements for issuing the license have been met and a valid license has been duly issued.

[(R)](S) Any person who seeks the reinstatement of a license that has been automatically terminated must follow the procedure applicable to new applicants for a license.

[(S)](T) A license which is invalid under 2 CSR 30-9 shall be surrendered to the director. If the license cannot be found, the licensee shall provide a written statement so stating to the director.

[(T)](U) Contested cases and other matters involving licensees and the director, or his designee, may be informally resolved by consent agreement, settlement, stipulation, consent order, or default.

(2) License Fees.

(A) In addition to the application for a license or license renewal, each person shall submit to the director the annual license fee and provisional license fee (if required) prescribed in this section, which shows the method used to calculate the appropriate fee. The license fee shall be computed in accordance with the following and based upon the previous year's business:

1. Animal shelter-[No fee, but must meet the standards in 2 CSR 30-9] One hundred dollars ($100) plus the annual animal shelter per capita fee for every animal sold, traded, bartered, brokered, adopted out, or given away, up to a maximum of five hundred dollars ($500);

2. Pound/dog pound-No fee[,] but must meet the standards in 2 CSR 30-9;

3. Commercial kennel-One hundred dollars ($100), plus the annual commercial kennel per capita fee for each board day, up to a maximum of five hundred dollars ($500);

4. Boarding kennel-One hundred dollars ($100), plus the annual boarding kennel per capita fee for each board day, up to a maximum of five hundred dollars ($500);

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

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

7. Dealer (also auction sale operator or broker)-One hundred dollars ($100), plus the annual dealer per capita fee for every animal sold, traded, bartered, brokered, or given away, up to a maximum of five hundred dollars ($500);

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

9. Intermediate handler-One hundred dollars ($100), plus a per capita fee for each board day and each animal purchased or brokered and transported up to a maximum of five hundred dollars ($500). Animals which are transported only will be considered as carrier-transported and not subject to a per capita fee;

10. Voluntary licensee (persons/facilities not required to be licensed by definition of the law[,] but desire to obtain a license anyway)-One hundred dollars ($100); and

11. Hobby or show breeder-Exempt from fees and inspection requirements[,] but must register annually and certify status.

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 July 30, 1996. Amended: Filed May 15, 2003, effective Dec. 30, 2003. Emergency amendment filed Dec. 7, 2010, effective Dec. 17,2010, expires on June 14, 2011. A proposed amendment covering this same material is published in this issue of the Missouri Register.