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 paragraphs (2)(A)1. and (2)(A)3.-(2)(A)9.; adding subsections (1)(V), (1)(W), (1)(X), (2)(E), (8)(C), and (8)(D) and paragraph (11)(I)3.; and renumbering the affected subsections.

PURPOSE: This amendment establishes provisions for changes made in the statutes that were effective April 27, 2011. This amendment also defines requirements for facilities designated as Blue Ribbon Kennels.

(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.

(X) Facilities designated as Blue Ribbon Kennels shall meet the following additional requirements:

1. The licensee must have no violations cited during the past year;

2. The premise must be neat and free of clutter, it must be mowed and kept free of junk, the buildings must be in good repair, and it should reflect a positive image to the general public;

3. The kennel must have a written biosecurity plan with signs posted that contain instructions for entry;

4. All dogs must be identified by microchip upon change in ownership; and

5. The licensee must be a member of the Missouri Pet Breeders Association or the Professional Pet Association and they must maintain twenty (20) hours of continuing education.

(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. Amended: Filed July 22, 2011.

PUBLIC COST: This proposed amendment is estimated to cost the Missouri Department of Agriculture, Animal Care Program five thousand four hundred forty dollars ($5,440) in the aggregate for veterinary care and health certification forms to be furnished by the state veterinarian.

PRIVATE COST: This proposed amendment is estimated to cost private entities licensed under this act a total of one hundred thirty-four thousand four hundred eight dollars and ninety cents ($134,408.90) in additional licensing fees. All licensees, regardless of business volume, would pay an estimated fifty-two thousand nine hundred seventy-five dollars ($52,975) for administering Operation Bark Alert, eighty (80) commercial breeders and dealers would pay an estimated thirty-four thousand five hundred ninety-four dollars ($34,594) in additional licensing fees, fifty (50) boarding kennels would pay an estimated twenty-four thousand one hundred ninety-three dollars and ninety cents ($24,193.90) in additional licensing fees, forty (40) privately-run shelters would pay an estimated twenty thousand twenty-six dollars ($20,026) in additional licensing fees, and twelve (12) pet shops would pay an estimated two thousand six hundred twenty dollars ($2,620) in additional licensing fees. This proposed amendment is estimated to cost as many as nine hundred ninety (990) breeders forty-nine thousand five hundred dollars ($49,500) to $1,584,000 for veterinary examinations.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with State Veterinarian, Dr. Taylor Woods, PO Box 630, Jefferson City, MO 65102-0630. 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

PUBLIC COST

I. Department Title: 2 Department of Agriculture

Division Title: 30 Animal Health

Chapter Title: 9 Animal Care Facilities

II. SUMMARY OF FISCAL IMPACT

III. WORKSHEET

Individual health certification for each covered dog must be recorded on forms furnished by the state veterinarian. Written program of veterinary care for review of disease prevention techniques, vaccination protocols, parasite protocols, nutrition, and guidance on preventative care. 10,000 forms @ $0.17 = $1,700.00. Individual health certification for each covered dog must be recorded on forms furnished by the state veterinarian. 22,000 forms @ $0.17 = $3,740.00.

V. ASSUMPTIONS

Cost estimates based upon estimate from state printing services.

FISCAL NOTE

PRIVATE COST

I. Department Title: 2 Department of Agriculture

Division Title: 30 Animal Health

Chapter Title: 9 Animal Care Facilities

II. SUMMARY OF FISCAL IMPACT

III. WORKSHEET

80 licensed commercial pet breeders and dealers @ >400 animals per capita 34,594 animals X $1.00 per animal sold, traded, bartered, brokered, etc.

50 licensed boarding kennels @ $.10 >4,000 board days per capita 241,939 board days X $.10 per board day

40 licensed animal shelters, rescues, and contract kennels @. >400 animals per capita 20,026 animals X $1.00 per animal sold, traded, bartered, adopted out, etc.

12 licensed pet shops @ >400 animals per capita 2,620 animals X $.10 per animal sold, traded, bartered, brokered, etc.

2,119 ACFA-licensees subject to sections 273.325 through 273.357 2,119 licensees X $25.00 per licensee

990 licensed breeders and dealers owning >10 intact females and selling pets $50 to $200 per hour for veterinary services

IV. ASSUMPTIONS

Per capita assumptions based on 2011 license renewal data for current licensees.

Bark Alert assumptions based on current licensee numbers.

Veterinary care assumptions based on informal polling of attending veterinarians.