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 section 578.600, RSMo Supp. 2010, the director adopts a rule as follows:

2 CSR 30-9.050 is adopted.

A notice of proposed rulemaking containing the text of the proposed rule was published in the Missouri Register on August 1, 2011 (36 MoReg 1803-1805). Those sections with changes are reprinted here. This proposed rule becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: Three (3) comments were received on the proposed rule.

COMMENT #1: Bob Baker, Executive Director of the Missouri Alliance for Animal Legislation (MAAL) presented concerns about a potential interpretational dispute between the law and the proposed rule regarding whether permits will be issued per large carnivore or per facility. The legislature intended the law to be focused on the animals themselves. The word "facility" is not included anywhere in this "purpose" section, nor is it used elsewhere in the Large Carnivore Act (LCA). Section 578.602.3, RSMo, is explicit regarding what is to be the subject of an MDA permit. MAAL is concerned about legal problems that could arise if there is a conflict between the law and the rules with regard to whether a permit applies to each large carnivore or to each facility.

MAAL is not offering comments on the fee schedule and it may be reasonable to establish a fee schedule which recognizes the economies of scale involved in inspecting a facility that houses several large carnivores. MAAL is interested in ensuring that the LCA and the new Missouri Department of Agriculture (MDA) large carnivore rules are free of conflicting provisions that could raise ambiguity. MAAL recommends that that the word "facility" be replaced with "large carnivore" and that the fee schedule be recalculated accordingly.

MAAL feels that the proposed rule could be clearer about the obligation of the attending veterinarian to examine permitted large carnivores each year. MAAL suggests that the word "annual" be inserted prior to the words "physical examination."

MAAL suggests that MDA further clarify who is to receive the notice and that this section be re-written to clarify that such notice be in writing and that the notice must be sent to the sheriff's office of the respective county. Such uniformity and the requirement that the notice be in writing will assist in proper record keeping by public safety officials.

Also, MAAL suggests that a section be inserted that each permit holder maintain a disaster response and evacuation plan in case of an emergency to prevent tragedies and protect public safety.

MAAL recommends that the section requiring liability insurance be maintained in the amount of two hundred fifty thousand dollars ($250,000) "per incident."

RESPONSE AND EXPLANATION OF CHANGE: The department of Agriculture agrees and as a result of the comment the "facility" permit will be renamed "Large Carnivore" permit to provide clarification and the large carnivores will be permitted on an individual basis. A Disaster Response/Evacuation Plan will be added to the requirements of a "Large Carnivore" permit. The attending veterinarians will complete and sign an inventory form which will document the examination. 2 CSR 30-9.050(1)(B)3. requires written notification within five (5) days but immediate notification via telephone. Liability insurance will remain at two hundred fifty thousand dollars ($250,000) without further definition.

COMMENT #2: J.B. Anderson representing the Feline Conservation Federation submitted concerns about 2 CSR 30-9.050(3)(C) and would like the language "post weaning" inserted in the second sentence to allow younger animals to be available or permitted to be exhibited for educational purposes. He also suggests fees be assessed at two hundred fifty dollars ($250) per animal with a maximum of two thousand five hundred dollars ($2,500) per facility the first year.

RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment 2 CSR 30-9.050(3)(C) will be amended to include "post weaning" language while still providing public protection and allowing the utilization of younger animals for educational purposes.

COMMENT #3: Keith Kinkade, President of the National Tiger Sanctuary, commented that some of the exemptions were not fully included from the Large Carnivore Act, Bill 795 regarding a class C licensee that possesses and maintains a class C license under 9 CFR 1.1.

RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment a reference to the statutes was inserted in the list of exemptions.

2 CSR 30-9.050 Large Carnivore Act Permit and Standards

(1) Application for Permits and Conditions for Issuing.

(A) Any individual possessing and/or breeding large carnivore(s) shall obtain a permit from the Missouri Department of Agriculture (MDA).

1. A large carnivore and facility permit application form must be completed and submitted to MDA.

2. Fee must be paid in full.

3. One (1) large carnivore permit is required for each large carnivore.

4. The facility must be inspected by an inspector prior to obtaining a facility permit and annually thereafter.

5. The large carnivore and facility permit must be renewed on an annual basis prior to the expiration date.

6. Licensee is responsible for renewing permits and submitting a renewal form.

7. The permit must be obtained within thirty (30) days prior to acquiring a large carnivore.

(B) The licensee must-

1. Be at least twenty-one (21) years of age;

2. Have not been found guilty, or pled guilty to, a violation of any state or local law prohibiting neglect or mistreatment of any animal or, within the previous ten (10) years, any felony;

3. Inform the local law enforcement agencies by written notification that you have obtained a large carnivore permit;

4. Have each large carnivore microchipped, or the procedure supervised, by a licensed veterinarian.

A. The microchip number and a description of the large carnivore must be maintained for the duration of ownership and for five (5) years post transfer of ownership.

B. The microchip record must be maintained for one (1) year after the large carnivore is deceased.

C. The microchip record must be available to MDA or designated authority upon request within twenty-four (24) hours; and

5. Maintain health and ownership records of the large carnivore(s) for the life of the large carnivore(s).

A. The records must list the description and microchip number of each large carnivore.

B. The records must document any veterinary services, i.e., physical exams, treatments, euthanasia, etc.

C. The records must document the name, address, and contact information for any transfer of ownership, i.e., sales and purchases.

D. The records must document any natural additions.

E. The MDA must be notified within seven (7) working days of any change in inventory.

F. The records must be available to MDA or designated authority upon request within twenty-four (24) hours.

G. The records must be kept for one (1) year after the death or five (5) years after the transfer of ownership of any large carnivore.

1. An initial fee of two hundred fifty dollars ($250) per large carnivore with a maximum of two thousand five hundred dollars ($2,500) assessed per facility will be assessed for the first permit.

2. A renewal fee of one hundred dollars ($100) per large carnivore will be assessed annually provided the renewal is made prior to lapse of the previous permit.

(D) The licensee must provide the department the following information prior to receiving an initial/renewal permit and must notify the department of any changes within thirty (30) days, unless a shorter time period is noted:

1. Name, address, telephone, and any pertinent contact information of the permit holder and the address where each large carnivore will be kept;

2. Name and address of the attending veterinarian;

3. Microchip identification number, manufacturing information, and name and address of the veterinarian inserting the microchip;

4. Provide proof of liability insurance of not less than two hundred fifty thousand dollars ($250,000);

5. Provide a Disaster Response and Evacuation Plan;

6. A complete annual inventory of each large carnivore which includes:

A. Number of large carnivores according to species;

B. The manufacturer and manufacturer's number of the electronic device implanted in each large carnivore. The name and address of the veterinarian who placed the microchip;

C. The location of each large carnivore. The licensee must notify the department within ten (10) business days of a change of address or location where the large carnivore is kept;

D. A digital color photograph of each of the large carnivores;

E. The approximate age, sex, color, weight, scars, and any distinguishing marks of each large carnivore; and

F. Any additions or deletions to the group which must reconcile with previous inventory.

(2) The attending veterinarian must agree to the following:

(3) The licensee must agree to the following:

(C) Confine the large carnivore(s) in a primary enclosure as required by the department on the licensee's premises. The licensee must not allow any large carnivore(s) outside of the primary enclosure post weaning unless the large carnivore is moved pursuant to any of the following:

1. To receive veterinary care from the attending veterinarian;

2. To comply with the directions of the department or law enforcement officials; or

3. To transfer ownership and possession of the large carnivore(s), pending prior approval by the department; and

(D) Comply with all state regulations and federal regulations as defined by Title 9, Code of Federal Regulations, Part 1, published annually in January, herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov., regarding housing and transportation. This rule does not incorporate any later amendments or additions.

1. Any person transporting a large carnivore must acquire a health certificate and a movement permit and be in compliance with state regulations and USDA requirements.

2. The facilities and standards of care must be in compliance with USDA standards.

(5) The following are not required to obtain a permit for possessing, breeding, or transporting large carnivore(s):

(E) The University of Missouri-College of Veterinary Medicine;

(F) A zoological park that is a part of a district created under Chapter 184, RSMo; or

(G) Class C licensee under 9 CFR 1.1 that meets the conditions described in section 578.620, RSMo.