Title 2-DEPARTMENT OF AGRICULTURE

Division 30-Animal Health

Chapter 9-Animal Care Facilities

ORDER OF RULEMAKING

By the authority vested in the Department of Agriculture under section 273.325, RSMo 2000, and section 273.345, RSMo Supp. 2011, the director amends a rule as follows:

2 CSR 30-9.010 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on September 1, 2011 (36 MoReg 1982-1984). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of Agriculture received a voluminous amount of comments (approximately one thousand eight hundred (1,800) comments) regarding the proposed animal care rules that encompassed subjects such as veterinary care, facility enhancements, constant and unfettered access, flooring, space, and social groupings. In order to address the comments offered in a timely and systematic manner, the department has attached an appendix, which follows the rule text, detailing the identity of the commenter, the organization or business they represent, as well as the topics on which the commenter offered an opinion. In addition, the department received approximately twenty-three (23) general comments that did not offer a specific comment or amendment to any of the proposed rulemakings. The Missouri Department of Agriculture greatly appreciates the input from all parties regarding the proposed rulemakings.

COMMENT #1: The Missouri Department of Agriculture received twelve (12) comments requesting that statutory definitions be amended in the rule. The comments indicate that "covered dog" may include pets and hunting dogs. The comments indicate that "veterinary care" may lead to excessive costs. The comments indicate that "regular exercise" may be detrimental because of weather. The comments indicate that "sufficient housing" should be breed-specific and that solid surfaces are less sanitary. The comments indicate that "pet" conflicts with the Animal Care Facilities Act as it does not include cats. The comments indicate that "licensed veterinarian" should be replaced with "veterinary of record."

RESPONSE: The Missouri Department of Agriculture acknowledges all comments and leaves the definitions as prescribed in statute in order to prevent any conflict with state law.

COMMENT #2: The Missouri Department of Agriculture received two (2) comments regarding definitions referenced by statute and promulgated by the department which include "approved flooring" and "wire strand flooring." One comment requested that "approved flooring" be listed by specifications rather than manufacturer. One comment requested that "wire strand flooring" should not be prohibited as it is sanitary.

RESPONSE: The Missouri Department of Agriculture acknowledges all comments regarding "approved flooring" and "wire strand flooring" and leaves them as promulgated in the proposed rules in order to improve the health and welfare of dogs and for the purpose of carrying out provisions of the Animal Care Facilities Act and the Canine Cruelty Prevention Act.

COMMENT #3: The Missouri Department of Agriculture received one hundred sixty-six (166) comments requesting clarification for "examination."

RESPONSE AND EXPLANATION OF CHANGE: The Missouri Department of Agriculture acknowledges the need for defining "examination." As a result, this section will be changed to provide a definition for "examination." The department has a definition for "examination."

COMMENT #4: The Missouri Department of Agriculture received one thousand three hundred fifty (1,350) comments regarding clarification for "extreme weather."

RESPONSE AND EXPLANATION OF CHANGE: The Missouri Department of Agriculture acknowledges the need for defining "extreme weather." As a result, this section will be changed to provide a definition for "extreme weather."

COMMENT #5: The Missouri Department of Agriculture received one thousand three hundred fifty-six (1,356) comments regarding clarification for "serious illness or injury."

RESPONSE AND EXPLANATION OF CHANGE: The Missouri Department of Agriculture acknowledges the need for defining "serious illness or injury." As a result, this section will be changed to provide a definition for "serious illness or injury."

2 CSR 30-9.010 Animal Care Facilities Definitions

(2) Definitions. As used in 2 CSR 30-9.020 and 2 CSR 30-9.030, the following terms shall mean:

(Z) Examination means a complete physical evaluation from head to tail of a covered dog or cat by a licensed veterinarian to include auscultation, palpation, and a visual inspection in which the heart rate, respiratory rate, breeding soundness, and the results of palpation are assessed and recorded as indicated on the forms provided;

(AA) Exhibitor means any person (public or private) exhibiting any dog or cat to the public for compensation or for a consideration of any kind whether directly or indirectly. This term excludes pet shops who are exhibiting only the animals for sale to the general public if exhibited only within the licensed facility;

(BB) Exotic animals for the purpose of the ACFA means any member of the families Canidae or Felidae not indigenous to Missouri or any hybrid descendant of any member of the families Canidae or Felidae crossed with any Canis lupus familiaris or Felis catus;

(CC) Extreme weather means outdoor temperatures above eighty-five degrees Fahrenheit (85 °F) or below forty-five degrees Fahrenheit (45 °F) or during a severe weather alert;

(DD) Hobby or show breeder means a noncommercial breeder who breeds dogs or cats with the primary purpose of exhibiting or showing dogs or cats, improving the breed, or selling the dogs or cats, and having no more than ten (10) intact females. These breeders shall be classified as a hobby or show breeder if they sell only to other breeders or to individuals. Hobby or show breeders are exempt from the licensure and inspection requirements, but must register annually with the director for the purpose of establishing that these persons are hobby or show breeders, at no cost to the hobby or show breeders. A breeder who buys or sells any animal for the primary purpose of resale does not qualify as a hobby or show breeder.

1. Registered hobby or show breeders are those meeting the definition in this subsection.

2. Licensed hobby or show breeders are those meeting the definition in this subsection with the exception of having more than ten (10) intact females. Licensed hobby or show breeders shall be required to pay the same license and per capita fees and meet the same rules, standards, and inspection requirements as the commercial breeders;

(EE) Housing facility means any land, premises, shed, barn, building, trailer, or other structure or area housing or intended to house animals;

(FF) Impervious surface means a surface that does not permit the absorption of fluids;

(GG) Indoor housing facility means any structure or building with environmental controls, housing or intended to house animals and meeting the following requirements:

1. It must be capable of controlling the temperature within the building or structure within the limits set forth for that species of animal, of maintaining humidity levels of thirty to seventy percent (30-70%), and of rapidly eliminating odors from within the building;

2. It must be an enclosure created by the continuous connection of a roof, floor, and walls (a shed or barn set on top of the ground does not have a continuous connection between the walls and the ground unless a foundation and floor are provided); and

3. It must have at least one (1) door for entry and exit that can be opened and closed (any windows or openings which provide natural light must be covered with a transparent material such as glass or hard plastic);

(HH) Inspector means any person employed by the department who is authorized to perform a function under the ACFA and these rules, or any animal welfare official as defined in this rule;

(II) Intact female means, with respect to the dog, a female between the ages of six (6) months and ten (10) years that can be bred. With respect to the cat, a female between the ages of six (6) months and eight (8) years that can be bred;

(JJ) Intermediate handler means any person engaged in any business in which s/he receives custody of animals through boarding, ownership, or brokering in connection with their transportation in commerce. Intermediate handlers shall be licensed under authority of the ACFA. Persons licensed under the ACFA who are transporting animals only in the normal course of conducting their licensed business shall not be required to be licensed as an intermediate handler, but shall be subject to all transportation regulations and standards;

(KK) Licensee means any animal shelter, boarding kennel, commercial breeder, commercial kennel, contract kennel, dealer, intermediate handler, pet shop, and pound or dog pound licensed according to the provisions of the ACFA;

(LL) Necessary veterinary care means, at minimum, examination at least once yearly by a licensed veterinarian, prompt treatment of any serious illness or injury by a licensed veterinarian, and where needed, humane euthanasia by a licensed veterinarian using lawful techniques deemed acceptable by the American Veterinary Medical Association;

(MM) Outdoor housing facility means any structure, building, land, or premises, housing or intended to house animals, which does not meet the definition of any other type of housing facility provided in the rules, and in which temperatures cannot be controlled within set limits;

(NN) Person means any individual, partnership, firm, joint venture, corporation, association, limited liability company, trust, estate, receiver, syndicate, or other legal entity;

(OO) Pet means any species of the domestic dog, Canis lupus familiaris, or resultant hybrids, normally maintained in or near the household of the owner thereof;

(PP) Pet shop means any facility where animals are bought, sold, exchanged, or offered for retail sale to the general public;

(QQ) Pound or dog pound means a facility operated by the state or any political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals;

(RR) Primary enclosure means any structure or device used to restrict an animal(s) to a limited amount of space, such as a room, pen, run, cage, compartment, pool, hutch, or tether;

(SS) Registrant means any hobby or show breeder who has properly registered with the director according to the provisions of the ACFA;

(TT) Regular exercise means the type and amount of exercise sufficient to comply with an exercise plan that has been approved by a licensed veterinarian, developed in accordance with regulations regarding exercise promulgated by the Missouri Department of Agriculture, and where such plan affords the dog maximum opportunity for outdoor exercise as weather permits;

(UU) Retail pet store means a person or retail establishment open to the public where dogs are bought, sold, exchanged, or offered for retail sale directly to the public to be kept as pets, but that does not engage in any breeding of dogs for the purpose of selling any offspring for use as a pet;

(VV) Sanitize means to make physically clean and to remove and destroy, to the maximum degree that is practical, agents injurious to health;

(WW) Serious illness or injury means a condition or injury that would likely result in significant pain or progression of disease if not addressed within twenty-four (24) hours and would require daily or continuing treatment as determined by a veterinarian;

(XX) Sheltered housing facility means a housing facility which provides the animal with shelter, protection from the elements, and protection from temperature extremes at all times. A sheltered housing facility may consist of runs or pens totally enclosed in a barn or building, or of connecting inside/outside runs or pens with the inside pens in a totally enclosed building;

(YY) Standards means the requirements with respect to humane housing, exhibiting, handling care, treatment, temperature, and transportation of animals by animal shelters, boarding kennels, commercial breeders, commercial kennels, contract kennels, dealers, intermediate handlers, exhibitors, pet shops, and pounds or dog pounds as set forth in 2 CSR 30-9;

(ZZ) State means Missouri;

(AAA) State veterinarian means the state veterinarian of Missouri;

(BBB) Sufficient food and clean water means access to appropriate nutritious food at least twice a day sufficient to maintain good health, and continuous access to potable water that is not frozen and is generally free of debris, feces, algae, and other contaminants;

(CCC) Sufficient housing, including protection from the elements, means the continuous provision of a sanitary facility, the provision of a solid surface on which to lie in a recumbent position, protection from the extremes of weather conditions, proper ventilation, and appropriate space depending on the species of animal as required by regulations of the Missouri Department of Agriculture;

(DDD) Sufficient space to turn and stretch freely, lie down, and fully extend his or her limbs means having appropriate space depending on the species of animal as required by regulations of the Missouri Department of Agriculture;

(EEE) Transporting vehicle means any truck, car, trailer, airplane, ship, or railroad car used for transporting animals;

(FFF) USDA means the United States Department of Agriculture;

(GGG) Weaned means that an animal has become accustomed to taking solid food and has done so, without nursing, for a period of at least five (5) days; and

(HHH) Wire strand flooring means pliable metallic strands in any length or diameter, mesh or grill-type, with or without a coating, and used for a surface on which an animal stands.

2 CSR 30-9.010