Title 2-DEPARTMENT OF AGRICULTURE

Division 30-Animal Health

Chapter 9-Animal Care Facilities

PROPOSED AMENDMENT

2 CSR 30-9.030 Animal Care Facilities Minimum Standards of Operation and Transportation. The director is amending subsections (1)(C), (1)(D), (1)(F), (2)(B), (2)(D), and (2)(E) 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 establishes operation enhancements for facilities licensed under the Animal Care Facilities Act.

(1) Facilities and Operating Standards.

(C) Sheltered Housing Facilities.

1. Heating, cooling, and temperature. The sheltered part of sheltered housing facilities for animals must be sufficiently heated and cooled when necessary to protect the dogs and cats from temperature extremes and to provide for their health and well-being. The ambient temperature in the sheltered part of the facility must not fall below fifty degrees Fahrenheit (50 °F) or ten degrees Celsius (10 °C) for animals not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress and discomfort (such as short-haired breeds), and for sick, aged, young, or infirm animals, except as approved by the attending veterinarian. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below fifty degrees Fahrenheit (50 °F) or ten degrees Celsius (10 °C). The ambient temperature must not fall below forty-five degrees Fahrenheit (45 °F) or seven [point two] and two-tenths degrees Celsius (7.2 °C) for more than four (4) consecutive hours when animals are present[,] and must not rise above eighty-five degrees Fahrenheit (85 °F) or twenty-nine [point five] and five-tenths degrees Celsius (29.5 °C) for more than four (4) consecutive hours when animals are present.

2. Ventilation. The enclosed or sheltered part of sheltered housing facilities for animals must be sufficiently ventilated when animals are present to provide for their health and well-being[,] and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation must be provided by windows, doors, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air conditioning, must be provided when the ambient temperature is eighty-five degrees Fahrenheit (85 °F) or twenty-nine [point five] and five-tenths degrees Celsius (29.5 °C) or higher.

3. Lighting. Sheltered housing facilities for animals must be lighted well enough to permit routine inspection and cleaning of the facility and observation of the animals. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and for the well-being of the animals. Primary enclosures must be placed so as to protect the animals from excessive light.

4. Shelter from the elements. Animals must be provided with adequate shelter from the elements at all times to protect their health and well-being. The shelter structures must be large enough to allow each animal to sit, stand, and lie in a normal manner and to turn about freely.

5. Surfaces.

A. The following areas in sheltered housing facilities must be impervious to moisture:

(I) Indoor floor areas in contact with the animals;

(II) Outdoor floor areas in contact with the animals, when the floor areas are not exposed to the direct sun[,] or are made of a hard material such as wire, wood, metal, or concrete; and

(III) All walls, boxes, houses, dens, and other surfaces in contact with the animals.

B. Outside floor areas in contact with the animals and exposed to the direct sun may consist of [compacted earth, absorbent bedding, sand,] fine gravel in raised beds or grass with adequate drainage.

(D) Outdoor Housing Facilities.

1. Restrictions. The following categories of animals must not be kept in outdoor facilities, unless that practice is specifically approved by the attending veterinarian:

A. Animals that are not acclimated to the temperatures prevalent in the area or region where they are maintained;

B. Animal breeds that cannot tolerate the prevalent temperatures of the area without stress or discomfort (such as short-haired breeds in cold climates);

C. Sick, infirm, aged, or young animals; and

D. When their acclimation status is unknown, animals must not be kept in outdoor facilities when the ambient temperature is less than fifty degrees Fahrenheit (50 °F) or ten degrees Celsius (10 °C).

2. Shelter from the elements. Outdoor facilities for animals must include one (1) or more shelter structures that are accessible to each animal in each outdoor facility[,] and that are large enough to allow each animal in the shelter structure to sit, stand, [and] lie in a normal manner, and to turn about freely. In addition to the shelter structures, one (1) or more separate outside areas of shade must be provided by means of trees, bushes, suspended shadecloth, or permanent awnings, large enough to contain all the animals at once and protect them from the direct rays of the sun. Structures constructed for shade must be designed and constructed in such a manner that they do not rely on fencing or shelters for their suspension above the enclosure, they must be of permanent-type construction, and they must be kept out of reach of any dogs within the primary enclosure. Shelters in outdoor facilities for animals must contain a roof, four (4) sides, and a floor[,] and must-

A. Provide the animals with adequate protection and shelter from the cold and heat;

B. Provide the animals with protection from the direct rays of the sun and the direct effect of wind, rain, or snow;

C. Be provided with a wind break and rain break at the entrance; and

D. Contain clean, dry bedding material if the ambient temperature is below fifty degrees Fahrenheit (50 °F) or ten degrees Celsius (10 °C). Additional clean, dry bedding is required when the temperature is thirty-five degrees Fahrenheit (35 °F) or one [point seven] and seven-tenths degrees Celsius (1.7 °C) or lower.

3. Construction. Building surfaces in contact with animals in outdoor housing facilities must be impervious to moisture. Metal barrels, cars, refrigerators or freezers, and the like must not be used as shelter structures. The floors of outdoor housing facilities may be of [compacted earth, absorbent bedding, sand,] fine gravel in raised beds or grass with adequate drainage[,] and must be replaced if there are any prevalent odors, diseases, insects, pests, or vermin. All surfaces must be maintained on a regular basis. Surfaces of outdoor housing facilities, including houses, dens, and the like, that cannot be readily cleaned and sanitized, must be replaced when worn or soiled.

(F) Primary Enclosures. Primary enclosures for animals must meet the following minimum requirements:

1. General requirements.

A. Primary enclosures must be designed and constructed of suitable materials so that they are structurally sound. The primary enclosure must be kept in good repair.

B. Primary enclosures must be constructed and maintained so that they-

(I) Have no sharp points or edges that could injure the animals;

(II) Protect the animals from injury;

(III) Contain the animals securely;

(IV) Keep other animals from entering the enclosure;

(V) Enable the animals to remain dry and clean;

(VI) Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the animals;

(VII) Provide sufficient shade to shelter all the animals housed in the primary enclosure at one time;

(VIII) Provide all the animals with easy and convenient access to clean food and water;

(IX) Enable all surfaces in contact with the animals to be readily cleaned and sanitized in accordance with this rule, or be replaceable when worn or soiled;

(X) Have floors that are constructed in a manner that protects the animals' feet and legs from injury and that, if [mesh or slatted] elevated construction, it must be constructed of materials strong enough to prevent sagging and with a mesh small enough that will not allow the animals' feet to pass through any openings in the floor. If the floor of the primary enclosure is constructed of [wire] elevated flooring, a solid resting surface(s) that, in the aggregate, is large enough to hold all the occupants of the primary enclosure at the same time comfortably must be provided; and

(XI) Provide sufficient space to allow each animal to turn about freely, to stand, sit, and lie in a comfortable, normal position, and to walk in a normal manner[;].

C. Any primary enclosure subject to the provisions of section 273.345, RSMo, newly constructed after April 15, 2011, and for all enclosures as of January 1, 2016, shall meet the following standards for elevated flooring:

(I) Wire strand flooring shall be prohibited;

(II) Bare metal flooring shall be prohibited;

(III) Slatted flooring must be flat, no less than three and one-half inches (3.5") in width, no more than one-half inch (.5") in spacing between, and constructed of materials strong enough to prevent sagging. Any premanufactured slatted flooring must be described by manufacturer and specifications, listed on the approved flooring list maintained by the state veterinarian, and posted on the department's website, as revised;

(IV) Plastic flooring must be constructed of materials strong enough to prevent sagging and with openings that will not allow the animals' feet to pass through any openings in the floor. Any premanufactured flooring must be described by manufacturer and specifications, listed on the approved flooring list maintained by the state veterinarian, and posted on the department's website, as revised; and

(V) Expanded metal flooring coated with a flexible plastic surface must be constructed of materials strong enough to prevent sagging and with openings that will not allow the animals' feet to pass through any openings in the floor. The coating must be maintained in such a manner that the animal is not allowed to come into contact with the metal. Any premanufactured flooring must be described by manufacturer and specifications, listed on the approved flooring list maintained by the state veterinarian, and posted on the department's website, as revised;

2. Additional requirements for cats.

A. Space. Each cat, including weaned kittens, that is housed in any primary enclosure must be provided minimum vertical space and floor space as follows:

(I) Each primary enclosure housing cats must be at least twenty-four inches (24") high or sixty [point ninety-six] and ninety-six hundredths centimeters (60.96 cm). Temporary housing such as queening cages may be reduced to a height of eighteen inches (18") or forty-five [point seventy-two] and seventy-two hundredths centimeters (45.72 cm) to reduce injury to kittens;

(II) Cats up to and including eight [point eight] and eight-tenths (8.8) pounds or four (4) kilograms, must be provided with at least three [point zero] (3.0) square feet or [zero point twenty-eight] twenty-eight hundredths (0.28) square meters;

(III) Cats over eight [point eight] and eight-tenths (8.8) pounds or four (4) kilograms must be provided with at least four [point zero] (4.0) square feet or [zero point thirty-seven] thirty-seven hundredths (0.37) square meters;

(IV) Each queen with nursing kittens must be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in accordance with generally accepted husbandry practices. If the additional amount of floor space for each nursing kitten is equivalent to less than five percent (5%) of the minimum requirement for the queen, the housing must be approved by the state veterinarian; and

(V) The minimum floor space required by this section is exclusive of any food or water pans. The litter pan may be considered part of the floor space if properly cleaned and sanitized.

B. Compatibility. All cats housed in the same primary enclosure must be compatible, as determined by observation. Not more than twelve (12) adult nonconditioned cats may be housed in the same primary enclosure. Queens in heat may not be housed in the same primary enclosure with sexually mature males, except for breeding. Except when maintained in breeding colonies, queens with litters may not be housed in the same primary enclosure with other adult cats, and kittens under four (4) months of age may not be housed in the same primary enclosure with adult cats, other than the dam or foster dam. Cats with a vicious or aggressive disposition must be housed separately.

C. Litter. In all primary enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes.

D. Resting surfaces. Each primary enclosure housing cats must contain a resting surface(s) that, in the aggregate, [are] is large enough to hold all the occupants of the primary enclosure at the same time comfortably. The resting surfaces must be elevated, impervious to moisture, and be able to be easily cleaned and sanitized or easily replaced when soiled or worn.

(I) Low resting surfaces that do not allow the space under them to be comfortably occupied by the animal will be counted as part of the floor space. Floor space under low resting surfaces shall not be counted as floor space to meet the minimum space requirements.

(II) Elevated resting surfaces will not be required for short-term housing facilities such as boarding kennels, commercial kennels, contract kennels, pet shops, and pounds or dog pounds[,]; however, elevated resting surfaces may be properly installed to increase floor space to that required in this rule; and

3. Additional requirements for dogs.

A. Space.

(I) Each dog housed in a primary enclosure (including weaned puppies) must be provided a minimum amount of floor space, calculated as follows: Find the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus six inches (6"); then divide the product by one hundred forty-four (144). The calculation is: (length of dog in inches plus six (6)) times (length of dog in inches plus six (6)) equals required floor space in square inches. Required floor space in inches divided by one hundred forty-four (144) equals required floor space in square feet.

(II) Each bitch with nursing puppies must be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in accordance with generally accepted husbandry practices as determined by the attending veterinarian. If the additional amount of floor space for each nursing puppy is less than five percent (5%) of the minimum requirement for the bitch, this housing must be approved by the state veterinarian.

(III) The interior height of a primary enclosure must be at least six inches (6") higher than the head of the tallest dog in the enclosure when it is in a normal standing position.

[(IV) Dogs on tethers.

(a) Dogs may be kept on tethers only in outside housing facilities that meet the requirements of this rule, and then only when the tether meets the requirements of this paragraph. The tether must be attached to the front of the dog's shelter structure or to a post in front of the shelter structure and must be at least three (3) times the length of the dog, as measured from the tip of its nose to the base of its tail. The tether must allow the dog convenient access to the shelter structure and to food and water containers. The tether must be of the type and strength commonly used for the size dog involved and must be attached to the dog by a well-fitted collar that will not cause trauma or injury to the dog. Collars made of materials such as wire, flat chains, chains with sharp edges, or chains with rusty or nonuniform links are prohibited. The tether must be attached so that the dog cannot become entangled with other objects or come into physical contact with other dogs in the outside housing facility, and so the dog can roam to the full range of the tether.

(b) Dog housing areas where dogs are on tethers must be enclosed by a perimeter fence that is of sufficient height to keep unwanted animals out. Fences less than six feet (6') high must be approved by the state veterinarian. The fence must be constructed so that it protects the dogs by preventing animals the size of dogs, skunks, and raccoons from going through it or under it and having contact with the dogs inside.]

(IV) Permanent tethering of dogs is prohibited for use as a primary enclosure. Temporary tethering of dogs is prohibited for use as a primary enclosure unless written approval is obtained from the state veterinarian.

B. Compatibility. All dogs housed in the same primary enclosure must be compatible, as determined by observation. Not more than twelve (12) adult nonconditioned dogs may be housed in the same primary enclosure. Bitches in heat may not be housed in the same primary enclosure with sexually mature males, except for breeding. Except when maintained in breeding colonies, bitches with litters may not be housed in the same primary enclosure with other adult dogs, and puppies under four (4) months of age may not be housed in the same primary enclosure with adult dogs, other than their dam or foster dam. Dogs with a vicious or aggressive disposition must be housed separately.

C. Additional space requirements for dogs subject to the provisions of section 273.345, RSMo, shall be based upon the minimum amount of floor space as calculated from part (1)(F)3.A.(I) of this rule and multiplied by factor or added to the total living area as prescribed in this rule.

(I) From January 1, 2012, through December 31, 2015, for any enclosure existing prior to April 15, 2011, the minimum allowable space shall be calculated as follows:

(a) Dogs housed singly. Any dogs housed singly must have their minimum amount of floor space as calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of four (4).

(b) Dogs housed as a pair. Any dogs housed as a pair must have their minimum amount of floor space as calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of two (2).

(c) Dogs housed in groups larger than a pair. Any dogs housed in groups larger than a pair shall have the largest two (2) dogs calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of two (2), with each additional dog being provided additional space at one hundred percent (100%) of the same formula. No more than four (4) adult dogs may be housed in the same primary enclosure.

Common examples under part (1)(F)3.C.(I)

(II) For any enclosure newly constructed after April 15, 2011, and for all enclosures as of January 1, 2016, the minimum allowable space shall be calculated as follows:

(a) Dogs housed singly. Any dogs housed singly must have their minimum amount of floor space as calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of six (6).

(b) Dogs housed as a pair. Any dogs housed as a pair must have their minimum amount of floor space as calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of three (3).

(c) Dogs housed in groups larger than a pair. Any dogs housed in groups larger than a pair shall have the largest two (2) dogs calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of three (3), with each additional dog being provided additional space at one hundred percent (100%) of the same formula. No more than four (4) adult dogs may be housed in the same primary enclosure.

Common examples under part (1)(F)3.C.(II)

(III) Exemptions.

(a) Covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the space requirements of this rule for the purpose of documented treatment for veterinary purposes, provided that they meet space requirements under part (1)(F)3.A.(I) of this rule.

(b) Female covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the space requirements of this rule when they are within two (2) weeks of their whelping date and eight (8) weeks post parturition, provided that they meet space requirements under part (1)(F)3.A.(II) of this rule.

(2) Animal Health and Husbandry Standards.

(B) Exercise for Dogs.

1. Animal shelters, boarding kennels, commercial kennels, commercial breeders, dealers, exhibitors, and voluntary licensees must develop, document, and follow an appropriate plan to provide dogs with an opportunity for exercise. Except as prescribed by rule, any covered dog subject to the provisions of section 273.345, RSMo, must be provided constant and unfettered access to an attached outdoor run. In addition, the plan must be approved and signed by the licensee and the attending veterinarian. The plan must include written standard procedures to be followed in providing the opportunity for exercise. The plan must be made available to the state veterinarian or his/her designated representative upon request. The plan, at a minimum, must comply with each of the following:

A. Dogs housed individually. Dogs over twelve (12) weeks of age, except bitches with litters, housed, held, or maintained by any animal shelter, boarding kennel, commercial kennel, commercial breeder, dealer, exhibitor, or voluntary licensee must be provided the opportunity for exercise regularly if they are kept in individual cages, pens, or runs that provide less than two (2) times the required floor space for that dog, as prescribed in this rule.

B. Dogs housed in groups. Dogs over twelve (12) weeks of age housed, held, or maintained in groups by any dealer or exhibitor do not require additional opportunity for exercise regularly if they are maintained in cages, pens, or runs that provide in total at least one hundred percent (100%) of the required space for each dog if maintained separately. These animals may be maintained in compatible groups unless-

(I) In the opinion of the attending veterinarian, this housing would adversely affect the health or well-being of the dogs(s); or

(II) Any dog exhibits aggressive or vicious behavior.

2. Methods and period of providing exercise opportunity.

A. The frequency, method, and duration of the opportunity for exercise shall be determined by the attending veterinarian and, for each covered dog subject to the provisions of section 273.345, RSMo, must afford the dog maximum opportunity for outdoor exercise as weather permits.

B. Licensees, in developing their plan, should consider providing positive physical contact with humans that encourages exercise through play or other similar activities. If a dog is housed, held, or maintained at a facility without sensory contact with another dog, it must be provided with positive physical contact with humans at least daily.

C. The opportunity for exercise may be provided in a number of ways, such as-

(I) Group housing in cages, pens, or runs that provide at least one hundred percent (100%) of the required space for each dog if maintained separately under the minimum floor space requirements of this rule;

(II) Maintaining individually housed dogs in cages, pens, or runs that provide at least twice the minimum amount of floor space required by this rule;

(III) Providing access to a run or open area at the frequency and duration prescribed by the attending veterinarian; or

(IV) Other similar activities.

D. Forced exercise methods or devices such as swimming, treadmills, or carousel-type devices are unacceptable for meeting the requirements of this section.

3. Exemptions.

A. Covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the requirement of constant and unfettered access to outdoor exercise for the purpose of documented treatment for veterinary purposes.

B. Female covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the requirement of constant and unfettered access to outdoor exercise when they are within two (2) weeks of their whelping date and eight (8) weeks post parturition.

C. Until January 1, 2016, covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the requirement of constant and unfettered access to outdoor exercise under limited circumstances and only by written approval of the director of agriculture. Any exemption must be requested in writing and will be considered only on an individual and annual basis. Likewise, such exemption may be revoked for failure to comply with this section or for violations of the Animal Care Facilities Act or of any rules promulgated pursuant thereto. At a minimum, the following requirements must be met for such consideration:

(I) The primary enclosures must exceed the applicable space standards on their own and cannot rely on the exercise yard to count toward space requirements;

(II) The ambient temperature of the indoor facility must not fall below forty-five degrees Fahrenheit (45 °F) or seven and two-tenths degrees Celsius (7.2 °C), or rise above eighty-five degrees Fahrenheit (85 °F) or twenty-nine and four-tenths degrees Celsius (29.4 °C);

(III) The lighting within the indoor facility must include natural lighting;

(IV) The outdoor exercise yard must be fenced and maintained in a manner that it protects the animals from injury and contains the animals securely;

(V) The outoor exercise yard must include one (1) or more shelter structures that are accessible to each animal and large enough to allow each animal to sit, stand, and lie in a normal manner and turn about freely;

(VI) The outdoor exercise yard must be large enough to allow the dogs to achieve a full running stride. The yard must be at least ten (10) times the space calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space), and the dimensions must be included in the written request for exemption;

(VII) The exercise plan must include a schedule or journal that allows for verification of compliance;

(VIII) Application for such exemption shall be specific to the breed of dog and signed by the attending veterinarian for that facility along with the department's program veterinarian; and

(IX) Prior to approval by the director of agriculture, request for such exemption must be posted publicly for comment on the department's website for a period not shorter than thirty (30) days.

D. If, in the opinion of the attending veterinarian, it is inappropriate for certain dogs to exercise because of their health, condition, or well-being, the licensee may be exempted from meeting the requirements of this section for those specific dogs. This exemption must be documented by the attending veterinarian and, unless the basis for exemption is a permanent condition, must be reviewed and signed at least every thirty (30) days by the attending veterinarian.

(D) Watering.

1. Each licensee subject to the provisions of section 273.345, RSMo, shall provide continuous access to potable water that is not frozen and is generally free of debris, feces, algae, and other contaminants.

2. If potable water is not continually available to the animals, it must be offered to the animals as often as necessary to ensure their health and well-being, but not less than once each eight (8) hours for at least one (1) hour each time, unless restricted by the attending veterinarian.

3. Water receptacles must be kept clean and sanitized in accordance with this rule and before being used to water a different animal or social grouping of animals.

(E) Cleaning, Sanitization, Housekeeping, and Pest Control.

1. Cleaning of primary enclosures.

A. Excreta and food waste must be removed from primary enclosures daily and from under primary enclosures as often as necessary to prevent an excessive accumulation of feces and food waste, to prevent soiling of the animals contained in the primary enclosures, and to reduce disease hazards, insects, pests, and odors.

B. When steam or water is used to clean the primary enclosure, whether by hosing, flushing, or other methods, animals must be removed unless the enclosure is large enough to ensure the animals would not be harmed, wetted, or distressed in the process.

C. Standing water must be removed from the primary enclosure and adjacent areas.

D. Animals in other primary enclosures must be protected from being contaminated with water and other wastes during the cleaning.

E. The pans under primary enclosures with [grill-type] elevated floors and the ground areas under raised runs [with wire or slatted floors] must be cleaned as often as necessary to prevent accumulation of feces and food waste and to reduce disease hazards, pests, insects, and odors.

F. Any person required to have a license under sections 273.325 to 273.357, RSMo, who houses animals in stacked cages without an impervious barrier between the levels of such cages, except when cleaning such cages, is guilty of a class A misdemeanor.

2. Sanitization of primary enclosures and food and water receptacles.

A. Used primary enclosures and food and water receptacles must be cleaned and sanitized in accordance with this section before they can be used to house, feed, or water another animal, or social grouping of animals.

B. Used primary enclosures and food and water receptacles for animals must be sanitized at least once every two (2) weeks using one (1) of the methods prescribed in this section, and more often if necessary to prevent accumulation of dirt, debris, food waste, excreta, and other disease hazards.

C. Hard surfaces of primary enclosures and food and water receptacles must be sanitized using one (1) of the following methods:

(I) Live steam under pressure;

(II) Washing with hot water (at least one hundred eighty degrees Fahrenheit (180 °F) or eighty-two [point two] and two-tenths degrees Celsius (82.2 °C)) and soap or detergent, as with a mechanical cage washer; or

(III) Washing all soiled surfaces with appropriate detergent solutions and disinfectants, or by using a combination detergent/disinfectant product that accomplishes the same purpose, with a thorough cleaning of the surfaces to remove organic material, so as to remove all organic material and mineral build-up, and to provide sanitization followed by a clean water rinse.

D. Pens, runs, and outdoor housing areas using material that cannot be sanitized using the methods previously stated, such as gravel, sand, grass, earth, or absorbent bedding, must be sanitized by removing the contaminated material as necessary to prevent odors, diseases, pests, insects, and vermin infestation.

3. Housekeeping for premises. Premises where housing facilities are located, including buildings and surrounding grounds, must be kept clean and in good repair to protect the animals from injury, to facilitate the husbandry practices required in this rule, and to reduce or eliminate breeding and living areas from rodents and other pests and vermin. Premises must be kept free of accumulations of trash, junk, waste products, and discarded matter. Weeds, grasses, and bushes must be controlled so as to facilitate cleaning of the premises and pest control[,] and to protect the health and well-being of the animals.

4. Pest control. An effective program for the control of insects, external parasites affecting dogs and cats, and birds and mammals that are pests[,] must be established and maintained so as to promote the health and well-being of the animals and reduce contamination by pests in animal areas.

AUTHORITY: sections 273.344 and 273.346, RSMo [1994] 2000. Original rule filed Jan. 13, 1994, effective August 28, 1994. Amended: Filed Nov. 30, 1995, effective July 30, 1996. Emergency amendment filed July 11, 2011, effective July 21, 2011, expires Feb. 23, 2012. Amended: Filed July 22, 2011.

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 is estimated to cost as many as nine hundred ninety (990) breeders ninety-nine thousand dollars ($99,000) to $1,980,000 for facility enhancements.

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

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

990 licensed breeders subject to 273.345, RSMo (>10 intact females & selling pups) @ $100.00 to $2,000.00 on average, per facility.

IV. ASSUMPTIONS

Assumptions for facility enhancements to comply with 2 CSR 30-9.030.