Title 2-DEPARTMENT OF AGRICULTURE

Division 30-Animal Health

Chapter 9-Animal Care Facilities

ORDER OF RULEMAKING

By the authority vested in the Director of Agriculture under sections 273.344 and 273.346, RSMo 2000, the director amends a rule as follows:

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

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on January 18, 2011 (36 MoReg 221-223). No changes have been made in the text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: Three (3) comments were received.

COMMENT #1: Barb York, President of Missouri Pet Breeders Association, on behalf of the members of the Missouri Pet Breeders Association, expressed their support of the proposed changes.

RESPONSE: The department appreciates the support.

COMMENT #2: Rick Smith, City of St. Joseph, Animal Control and Rescue, noted that the terms "pounds" and "dog pounds" are outdated and reflect a negative image of municipal shelters and should be changed to "municipal shelters" because municipal shelters handle more than just dogs. He also suggested dropping the limit on the per capita fee on all groups and using the additional funds to hire additional field staff. Mr. Smith also commented that hobby and show breeders should not be exempted from licensing fees and male dogs should be included in the total number of breeding dogs.

RESPONSE: The department has reviewed the comment and found that the suggestions would require statutory changes to the Animal Care Facilities Act. No changes have been made to the rule as a result of this comment.

COMMENT #3: Lisa Langeneckert, as a person involved with animal rescue efforts in Missouri, is not in favor of animal shelters being removed from the license fee exemption; but if it will provide support for the Department of Agriculture to better monitor the care of domestic animals, then she supports the concepts of rescues paying a license fee; however, she questions the true intent of the legislation passed in the 2010 legislative session and the efficacy of the proposed amendments given the remaining exemptions and fee structures.

RESPONSE: The department has reviewed the comment and found that most of these suggestions would require statutory changes to the Animal Care Facilities Act. No changes have been made to the rule as a result of this comment.