Title 2-DEPARTMENT OF AGRICULTURE

Division 30-Animal Health

Chapter 9-Animal Care Facilities

PROPOSED 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 subsections (1)(D) and (1)(E), adding a new subsection (1)(M), and renumbering the remaining subsections and amending subsection (2)(A), deleting subsection (2)(C), and renumbering the remaining subsections.

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

(1) Application For License and Conditions of Issuing.

(D) The following persons are exempt from the licensing fees and inspection requirements:

1. Persons engaged in breeding dogs and cats who harbor three (3) or less intact females; and

2. Registered hobby and show breeders, with proof of show.

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 The license has been revoked or suspended pursuant to section 273.329, RSMo;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

[(C) Provisional License Fee. A one hundred dollar ($100)-provisional license fee will be assessed to all boarding kennels, commercial breeders, commercial kennels, contract kennels, dealers and pet shops who were in operation before January 1, 1995. The provisional license fee, if required, must be paid prior to an annual license being issued.]

[(D)](C) In the case of a new applicant for a license, the initial license fee shall be one hundred dollars ($100). Annual renewal of license shall be based upon the calculations stated previously in this section.

[(E)](D) A separate license shall be obtained for each physical facility operated by the applicant.

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 June 14, 2011. Amended: Filed Dec. 7, 2010.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment may cost private entities an estimated eighty-four thousand seven hundred ten dollars ($84,710) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with the Missouri Department of Agriculture, Taylor H. Woods, State Veterinarian, PO Box 630, Jefferson City, MO 65102. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

FISCAL NOTE

PRIVATE COST

I. Department Title: Agriculture

Division Title: Animal Health

Chapter Title: Chapter 9 - Animal Care Facilities

II. SUMMARY OF FISCAL IMPACT

III. WORKSHEET

IV. ASSUMPTIONS

Currently 321 facilities fall under the category of animal shelters. Each facility will be required to pay an annual license fee of one hundred dollars ($100) for the license plus a per capita fee of $1.00 for every animal sold, traded, bartered, brokered, adopted out or given away, up to a maximum of five hundred dollars ($500).