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 paragraphs (2)(A)1. and (2)(A)3.-(2)(A)9.; adding subsections (1)(V), (1)(W), (2)(E), (8)(C), and (8)(D) and paragraph (8)(I)3.; and renumbering the affected subsections.

PURPOSE: This amendment establishes provision for changes made in the statutes that were effective April 27, 2011.

EMERGENCY STATEMENT: The Department of Agriculture finds that this emergency amendment is necessary to protect the public welfare and to preserve a compelling governmental interest. This emergency amendment incorporates statutory changes made to sections 273.327 and 273.345, RSMo, as well as the statutory enactment of new sections 273.347 and 1, RSMo, by Senate Bill 161 passed by the 96th General Assembly. Senate Bill 161 put these changes into full force and effect upon its passage and its approval by the governor on April 27, 2011. The emergency clause in Senate Bill 161 enacting these changes states, "In order to improve the immediate health and welfare of dogs in this state and to provide sufficient time for businesses to comply with changes in the law, the repeal and reenactment of sections 273.327 and 273.345, the enactment of sections 273.347 and 1, and the repeal of sections 273.327, 273.345, 273.347, and 1 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the repeal and reenactment of sections 273.327 and 273.345, the enactment of sections 273.347 and 1, and the repeal of sections 273.327, 273.345, 273.347, and 1 of section A of this act shall be in full force and effect upon its passage and approval." Senate Bill 161 also references that rules are to be promulgated and specified by the Department of Agriculture to implement this legislation. If such rules were required to go through the normal rulemaking process, such requirement would not be consistent with the emergency nature with which Senate Bill 161 was passed. The scope of this emergency amendment is limited to the circumstances creating this emergency and complies with the protections 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 and will improve the immediate health and welfare of dogs in this state while allowing businesses sufficient time to comply with changes to facility design and construction. This emergency amendment was filed on July 11, 2011, becomes effective July 21, 2011, and expires February 23, 2012. (1) Application for License and Conditions of Issuing.

(V) Whenever the state veterinarian or a state animal welfare official finds past violations of sections 273.325 to 273.357, RSMo, have occurred and have not been corrected or addressed, including operating without a valid license under section 273.327, RSMo, the director may request the attorney general or the county prosecuting attorney or circuit attorney to bring an action in circuit court in the county where the violations have occurred for a temporary restraining order, preliminary injunction, permanent injunction, or a remedial order enforceable in a circuit court to correct such violations and, in addition, the court may assess a civil penalty in an amount not to exceed one thousand dollars ($1,000) for each violation. Each violation shall constitute a separate offense.

(W) A person commits the crime of canine cruelty if such person repeatedly violates sections 273.325 to 273.357, RSMo, so as to pose a substantial risk to the health and welfare of animals in such person's custody or knowingly violates an agreed-to remedial order involving the safety and welfare of animals under this section. The crime of canine cruelty is a class C misdemeanor, unless the person has previously pled guilty or nolo contendere to or been found guilty of a violation of this subsection, in which case, each such violation is a class A misdemeanor.

1. The attorney general or the county prosecuting attorney or circuit attorney may bring an action under sections 273.325 to 273.357, RSMo, in circuit court in the county where the crime has occurred for criminal punishment.

2. No action under this section shall prevent or preclude action taken under section 578.012, RSMo, or under subsection 3 of section 273.329, RSMo.

(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-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)] two thousand five hundred dollars ($2,500);

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)] two thousand five hundred dollars ($2,500);

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)] two thousand five hundred dollars ($2,500);

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)] two thousand five hundred dollars ($2,500);

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)] two thousand five hundred dollars ($2,500);

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)] two thousand five hundred dollars ($2,500);

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)] two thousand five hundred dollars ($2,500);

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)] two thousand five hundred dollars ($2,500). 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.

(E) Operation Bark Alert. Each licensee subject to sections 273.325 to 273.357, RSMo, shall pay an additional annual fee of twenty-five dollars ($25) to be used by the Department of Agriculture for the purpose of administering Operation Bark Alert or any successor program.

(8) Attending Veterinarian and Adequate Veterinary Care.

(C) Each licensee subject to the provisions of section 273.345, RSMo, shall establish and maintain programs of veterinary care that include:

1. Examination at least once yearly by a licensed veterinarian, and upon detection of any affliction, a comprehensive examination, diagnosis, and appropriate treatment. Provided however, at the discretion of the attending veterinarian, any subsequent treatment may be carried out by somebody other than the attending veterinarian. Individual health certification for each covered dog must be recorded on forms furnished by the state veterinarian;

2. Consultation on sound breeding practices, including a written and signed recommendation on reproductive health that accounts for species, age, and health of the breeding dogs under care of the licensee;

3. Review of disease prevention techniques, vaccination protocols, parasite protocols, nutrition, and guidance on preventative care. Approval of these practices must be certified by the attending veterinarian and included with the written program of veterinary care; and

4. Approval of an exercise plan developed in accordance with regulations regarding exercise prescribed in these rules and where such plan affords the dog maximum opportunity for outdoor exercise as weather permits.

(D) Each licensee subject to the provisions of section 273.345, RSMo, shall ensure that animals with serious illness or injury receive prompt treatment by a licensed veterinarian.

[(C)](E) If the state veterinarian or his/her designee finds that an animal or group of animals is suffering from a contagious, communicable, or infectious disease or exposure to a disease, a quarantine to the premises may be issued until the animals are-

1. Recovered and no longer capable of transmitting the disease;

2. Isolated;

3. Humanely euthanized and properly disposed of;

4. Tested, vaccinated, or otherwise treated; or

5. Otherwise released by the state veterinarian.

A. Animals under quarantine shall not be removed from the premises without written consent of the state veterinarian, nor shall any other animals be allowed to enter the premises.

B. A quarantine issued by the state veterinarian shall remain in effect until released in writing by the state veterinarian.

[(D)](F) Animals with obvious signs of disease or injury shall not be sold (except on the advice of the attending veterinarian and with the knowledge and consent of the purchaser), abandoned, or disposed of in an inhumane manner.

[(E)](G) A person licensed or registered under the ACFA shall not knowingly sell or ship a diseased animal, except on the advice of their attending veterinarian and with the knowledge and consent of the purchaser.

(11) Records.

(I) Disposition of Records.

1. No licensee, for a period of one (1) year, shall destroy or dispose of, without the consent in writing of the director, any books, records, documents, or other papers required to be kept and maintained under the ACFA and this rule.

2. Unless otherwise specified, the records required to be kept and maintained under this rule shall be held for one (1) year after an animal is euthanized or disposed of and for any period in excess of one (1) year as necessary to comply with any applicable federal, state, or local laws. Whenever the director notifies the licensee in writing that specified records shall be retained pending completion of an investigation or proceeding under the ACFA, the licensee shall hold those records until their disposition is authorized by the director.

3. Any person subject to the provisions of section 273.345, RSMo, shall maintain all veterinary records and sales records for the most recent previous two (2) years. These records shall be made available to the state veterinarian, a state or local animal welfare official, or a law enforcement agent upon request.

AUTHORITY: sections 273.344 and 273.346, RSMo 2000. Original rule filed Jan. 13, 1994, effective August 28, 1994. For intervening history, please consult the Code of State Regulations. Emergency amendment filed July 11, 2011, effective July 21, 2011, expires Feb. 23, 2012.