PROPOSED RULES

TITLE 02 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Notice is hereby given in accordance with G.S. 150B-21.2 and G.S. 150B-21.3A(c)(2)g. that the Board of Agriculture intends to adopt the rule cited as 02 NCAC 52J .0105, readopt with substantive changes the rules cited as 02 NCAC 52J .0101-.0104, .0201-.0210, .0301-.0304, .0401-.0403, .0406-.0408, .0410-.0419, .0501, .0702-.0705, .0801-.0803, readopt without substantive changes the rules cited as 02 NCAC 52J .0404, .0405, .0701, .0901, .0902, and repeal through readoption the rule cited as 02 NCAC 52J .0409.

Pursuant to G.S. 150B-21.17, the Codifier has determined it impractical to publish the text of rules proposed for repeal unless the agency requests otherwise. The text of the rule(s) are available on the OAH website at http://reports.oah.state.nc.us/ncac.asp.

Pursuant to G.S. 150B-21.2(c)(1), the text of the rule(s) proposed for readoption without substantive changes are not required to be published. The text of the rules are available on the OAH website: http://reports.oah.state.nc.us/ncac.asp.

Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncagr.gov/AdministrativeRules/ProposedRules/index.htm

Proposed Effective Date: April 1, 2022

Public Hearing:

Date: January 5, 2022

Time: 1:30 p.m.

Location: NC State Fairgrounds - Martin Building: 4381 Trinity Road, Raleigh, NC 27607

Reason for Proposed Action: The Animal Welfare Act (AWA) rules are undergoing the statute mandated review and revision process. The AWA rule revisions reflect changes in the guidelines and best practices for animal shelters, boarding kennels, pet shops, and euthanasia technicians. Many of the proposed revisions address the changes in these regulated industries. In addition, the AWA statutes were most recently modified in 2013. These proposed revisions address those changes so that the rules will be consistent with the modified statutes.

Comments may be submitted to: Anna Hayworth, 1002 Mail Service Center, Raleigh, NC 27699; phone (984) 236-4509; email rulesreview@ncagr.gov

Comment period ends: February 14, 2022

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 984-236-1850.

Fiscal impact. Does any rule or combination of rules in this notice create an economic impact? Check all that apply.

CHAPTER 52 - VETERINARY DIVISION

SUBCHAPTER 52J - ANIMAL WELFARE SECTION

SECTION .0100 - RECORD KEEPING AND LICENSING

02 NCAC 52J .0101 RECORDS; ANIMAL SHELTERS, ETC.

Operators of all animal shelters, pet shops, public auctions, and dealers shall maintain records on all dogs and cats showing the following:

(1) origin of animals (including names and addresses of consignors) and date animals were received;

(2) description of animals including species, estimated age, sex, breed, breed or breed type, and color markings;

(3) location of animal animal, including complete address and contact information, if not kept at the licensed or registered facility;

(4) disposition of animals including name and address of person to whom animal is sold, traded traded, transferred, or adopted and the date and time of such transaction; name and address of intermediary transporter if used; in the event of death, the record shall show the date, signs of illness, or and cause of death if identified; if euthanized, the record shall show date and type of euthanasia; and

(5) record of veterinary care including medications, treatments, procedures, and immunization. immunizations. and date, time, description of medication (including name and dosage), and initials of person administering any product or procedure. The record shall include: diagnosis(es), diagnostic testing and results, date and time of administration or procedure, description of medication and initials of person administering any product, medication or procedure. The description of the medication shall include the name, strength or concentration, dosage, and dosing regimen. The dosage regimen shall include the frequency, duration to include the number of dosages or days to be given and the reason for the administration; and

(6) all records shall be created and/or updated within 48 hours of the occurrence of procedures, including but not limited to intake, change of location, medication or treatment administration and/or disposition. The record shall be accurate; creation of a misleading record or deliberate or non-incidental falsification of a record including medication administration documentation during or after an investigation or inspection shall be considered a violation of this regulation.

Authority G.S. 19A-24.

02 NCAC 52J .0102 RECORDS; BOARDING KENNELS

Operators of boarding kennels shall maintain records of all dogs and cats showing the following:

(1) name and address of owner or person responsible for animal, the date of entry and signature of the person leaving the animal; and the date of release and signature and address of individual to whom animal is released; released and the date of release;

(2) description of animal including breed, breed or breed type, sex, age and color marking; and

(3) veterinary care provided while boarded, which shall include date, times, times of administration, description of medication (including name and dosage) and initials of person administering product or procedure.The description of the medication shall include the name, strength or concentration, dosage, and dosing regimen. The dosage regimen shall include the frequency, duration to include the number of dosages or days to be given and the reason for the administration;

(4) all records shall be created and/or updated at the time of the occurrence such as intake, medication or treatment administration and/or release. The record shall be accurate; creation of a misleading record or deliberate or non-incidental falsification of a record including medication administration during or after an investigation or inspection shall be considered a violation of this Rule;

(5) an incident file shall be kept within each facility for animals sustaining injury or illness requiring veterinary care; animal death; and/or or any animal escape. Each report must include date of incident, pet's name, breed or breed type/species, age, owner's name and contact information, description of incident and course of action; and

(6) in the event of either an animal death or escape, the licensee must notify the Animal Welfare Section within 48 hours.

Authority G.S. 19A-24.

02 NCAC 52J .0103 INSPECTION OF RECORDS

All operators of animal shelters, pet shops, boarding kennels, public auctions, and persons operating as dealers shall make all required records available to the director Director or his or her authorized representative on request, during the business and cleaning hours listed on the license application. application and/or during an inspection of the facility or an investigation. The operator must be able to match each animal to its record upon request. Records shall be maintained for a period of one year after the animal is released. released from a boarding kennel or sold from a pet store or public auction. Animal shelters shall maintain records for a period of three years after the disposition of the animal.

Authority G.S. 19A-24; 19A-25.

02 NCAC 52J .0104 DEFINITIONS

As used in this Subchapter:

(1) "Accessories" means any objects used in cleaning and sanitizing primary enclosures, exercise areas, or objects to which an animal may have access, including, but not limited to toys, blankets, food and water utensils, and bedding.

(2) "Adequate" means a condition which, when met, does not jeopardize an animal's comfort, safety or health. Adequate veterinary care means provision of veterinary care sufficient to address the relief of pain and/or suffering experienced by the animal and sufficient to address the medical condition.

(3) "Behavioral-control device" means any apparatus used to control a pet animal's behavior.

(3)(4) "Cage" means a primary enclosure which is enclosed on all sides and also on including the top and bottom.

(5) "Compatible group" means all animals in the group comingle peacefully without the presence of aggressive, harassing, and/or agitating behaviors toward any other member(s) of the group.

(6) "Common area(s)" means areas of the facility in which multiple animals may have access such as walkway(s), facility lobby(ies), hallway(s), area(s) around primary enclosures and exercise areas, and other such similar areas.

(7) "Disposition" means the adoption, death, euthanasia, release, sale, trade, or transfer from a facility.

(8) "Enrichment" means providing objects or activities, appropriate to the needs of the species as well as the age, size, and condition of the animal, that stimulates the pet and promotes the pet's well-being.

(9) Exercise area means an enclosed space in which an animal(s) is confined, and which is large enough for species-appropriate activity such as walking, running, climbing, jumping, socialization and/or play to occur.

(4)(10) "Husbandry" means the practice of daily care administered to animals.

(11) "Impervious to moisture" means a surface that prevents the absorption of fluids and that can be thoroughly and repeatedly sanitized, will not retain odors, and from which fluids bead up and run off or can be removed without being absorbed into the surface material.

(12) "Infirm" means not physically or mentally strong, especially through age or illness.

(5)(13) "Isolation" means the setting apart of an animal from all other animals, food, and equipment in the facility for the sole purpose of preventing the spread of disease. separation, for the period of communicability, of infected animals from others in such place and under such conditions to prevent the direct or indirect transmission of the infectious agent from those infected to those that are susceptible or that may spread the agent to others.

(14) "Isolation area" means a location where animals infected with disease may be placed to contain, control, and limit the spread of the disease.

(6)(15) "License period" means July 1 through June 30.

(7)(16) "Long term care" means the housing of an animal for a period of more than 30 consecutive days.

(17) "Potable" means suitable for drinking.

(8)(18) "Properly cleaned" means the removal of carcasses, debris, food waste, excrement, urine, dirty or soiled accessories and or other organic material with adequate frequency.

(9)(19) "Social interaction" means friendly physical contact or play between animals of the same species or with a person. Physical contact or play with the caretaker during cage cleaning and/or sanitation is not considered social interaction.

(20) Special provisions - additional procedures, protocols, and/or equipment used when caring for, housing and/or transporting animals with special needs. Examples of animals with "special needs" include but are not limited to brachycephalic breeds, very young or old animals, animals with a medical condition, infirm animals, and/or animals that are compromised or debilitated.

(10)(21) "Suitable method of drainage" means drainage that allows for the elimination of water and waste products, prevents contamination of animals, allows animals to remain dry, and complies with applicable building codes and local ordinances.

(11)(22) "Supervision of animals" means at least one person (at least 16 years of age) present, at all times, able to constantly, directly view all animals within the entirety of each enclosure or common exercise area.

(23) "Surgical procedure" for the purposes of this Subchapter means any invasive procedure performed on an animal to include but not be limited to: procedures to spay or neuter, any procedure that invades a body cavity and/or requires suturing or repairing of tissues; and/or any treatment of injuries or disorders of the body by incision, manipulation or alteration of organs or tissues with the hands or with instruments. For the purposes of this Subchapter, insertion of a microchip is not considered to be a surgical procedure.

(24) "Veterinarian" means a veterinarian who is currently licensed by North Carolina and/or an adjacent state. The license must be valid and be in good standing with the respective state Board of Veterinary Medicine.

Authority G.S. 19A-24.

02 NCAC 52J .0105 LICENSES AND REGISTRATIONS

All operators of an animal shelter, pet shop, public auction, dealers, and boarding kennels must have a valid license/registration.

(1) Licenses and registrations are not transferable.

(2) In the event of a change of ownership or management of a regulated facility, the facility shall notify the director of AWS in writing within 10 days of the change. Submission of a new license or registration application and a facility inspection by AWS is required in the event of such a change.

(3) In the event of a change of name, address, phone, email, or point of contact for the facility, the facility shall notify the director by the Change Form located on the AWS website or other written documentation within 10 days of change.

(4) Renewal applications for license or registration renewal shall be submitted yearly to the AWS office between April 1st and June 15th. Current application forms are located on the AWS website and may change yearly.

Authority G.S. 19A-24.

SECTION .0200 - FACILITIES AND OPERATING STANDARDS

02 NCAC 52J .0201 GENERAL

(a) Housing facilities for dogs and cats shall be structurally sound and maintained in good repair to protect the animals from injury, contain the animals and restrict the entrance of other animals and people.

(b) All light fixtures and electrical outlets in animal areas shall be safe and in compliance with the State Building Code. Electrical appliances, light fixtures, electrical outlets, and electrical cords shall be located or protected in such a way that animals do not have access to them.

(c) Facilities shall have reliable and safe electric power as necessary to comply with the Animal Welfare Act.

(d) Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infestation or contamination by vermin and insects. All open bags of food shall be stored in airtight containers with lids. Refrigeration shall be provided for supplies of perishable food. Storage of food and bedding:

(1) food and bedding shall be stored in cabinets and/or sealed containers which adequately protect such supplies against infestation or contamination by vermin and insects;

(2) all open bags of food and edible treats shall be stored in airtight containers with lids;

(3) refrigeration shall be provided for supplies of perishable food including opened cans of food;

(4) clean bedding and laundry shall be: stored in cabinets and/or sealed containers; stored separately from soiled laundry and materials; and stored separately from general housing areas for animals; and

(5) in areas housing animals being observed or treated for contagious disease, bedding shall only be stored in sealed cabinets if that clean laundry is dedicated solely for the use for those specific animals.

(e) Provisions shall be made for the daily removal and disposal of animal and food waste, soiled bedding and debris from the housing facility in accordance with local ordinances, to assure facility will be maintained in a clean and sanitary manner.

(f) Hot and cold running, potable water must be available. Facilities such as washroom, basin or sink shall be provided to maintain cleanliness among animal caretakers, animals, and animal food and water receptacles.

(g) Each facility shall have the ability to confirm ambient temperature. temperature, a functional room thermometer shall be present in each separate area of indoor enclosures, common areas and exercise areas.

(h) A separate five-foot perimeter fence is required if any animals animal(s) has or have unsupervised access to an outdoor primary enclosure, common area, and/or including unsupervised exercise areas area. Supervision of animals is required for any animal(s) within any outdoor enclosure, common area, or exercise area without a separate five-foot perimeter fence.

(i) An adequate drainage system must be provided for the housing facility.

(j) All areas of a facility are subject to review or inspection by North Carolina Department of Agriculture and Consumer Services employees during normal business hours (8:00 a.m. through 5:30 p.m. Monday through Friday).

(k) All animals in a facility are subject to the requirements of the Animal Welfare Act, regardless of ownership.

(l) A licensee or registrant shall comply with all federal, state and local laws, rules and ordinances relating to or affecting the welfare of dogs and cats in its facility.

(m) A licensee or registrant and all agents of the facility shall cooperate fully and truthfully with NCDA&CS employees during all phases of inspections, reviews and/or investigations.

(n) Neither an applicant for a license or registration nor a licensee or registrant or any agent of a facility may interfere with, threaten, abuse (including verbally abuse), or harass any inspector, or state official, while such inspectors or officials are carrying out their duties.

(m)(o) No dog or cat shall be in a window display except during business hours and then only in compliance with standards set forth in this Section.

(p) Battery operated or electrical behavioral control devices, such as shock collars, shock prods, or electrical fences, as well as pinch-collars and prong-collars, may only be used on an animal in a boarding kennel with the specific written consent of the owner of that animal.

(q) All facilities shall be equipped with an operational smoke alarm and carbon monoxide alarm and shall have a means of fire suppression, such as functional fire extinguishers or a sprinkler system on the premises.

(r) All licensed and registered facilities must develop and maintain a plan of action for the continuity of care and/or evacuation of animals in the event of a natural or manmade disaster.

(s) For the purposes of G.S. 19A-23(5a), written standards for an "approved foster care provider" shall include but not be limited to: the application process; sanitation protocols; provision of daily observation of the animals; feeding and watering protocols; provision and documentation of veterinary care; provision and documentation of human and same-species daily interaction, exercise, play and environmental enrichment for animals in long term care; requirements for inspection by the shelter; and compliance by the foster care provider with the NC Animal Welfare Act and it rules issued pursuant thereto.

(t) For the purposes of G.S. 19A-23(5b), written standards for an "approved rescue organization" shall include but not be limited to: the application process; sanitation protocols; provision of daily observation of the animals; feeding and watering protocols; provision and documentation of veterinary care of the shelter's animals; provision and documentation of human and same-species daily interaction, exercise, play and environmental enrichment for the shelter's animals in long term care at the rescue; requirements for inspection by the shelter; and compliance by the rescue with the NC Animal Welfare Act and it rules issued pursuant thereto.

Authority G.S. 19A-24.

02 NCAC 52J .0202 INDOOR FACILITIES

(a) Heating and cooling of indoor facilities:

(1) indoor housing facilities for dogs and cats shall be adequately heated and cooled when necessary to protect the dogs and cats from cold and excessive heat and provide for their health and comfort. comfort;

(2) the ambient temperature shall not be allowed to fall below 50 degrees F. or exceed 85 degrees F. F; and

(3) Special provisions shall be provided to any animal that cannot maintain its normal body temperature. These special provisions shall be sufficient for the animal to maintain its normal body temperature and shall be documented in the animal's record.

(b) Ventilation of indoor facilities:

(1) Indoor indoor housing facilities for dogs and cats shall be adequately ventilated to provide for the health and comfort of the animals at all times. times; The the facilities shall be provided with fresh air either by means of windows, doors, vents or and/or air conditioning and shall be ventilated so as to minimize drafts. drafts;

(2) air vents and/or air filters shall be cleaned and/or changed as often as necessary to minimize buildup of debris, dust and biological material and as often as necessary to prevent inhibition or restriction of air flow; and

(3) Air air flow shall be adequate sufficient to minimize odors and moisture condensation.

(c) Indoor housing facilities for dogs and cats shall have adequate sufficient illumination to permit routine inspections, maintenance, cleaning and housekeeping of the facility and observation of the animals. Illumination shall provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the animal facilities.

(d) Interior building surfaces of indoor facilities with which animals come in contact shall be constructed and maintained so that they are impervious to moisture and can be readily sanitized.

(e) Drainage of indoor housing facility:

(1) A suitable method of drainage drainage shall be provided to rapidly eliminate excess water from an indoor housing facility. facility;

(2) If if closed drain systems are used, they shall be equipped with traps and installed to prevent odors and backup of sewage. sewage; and

(3) The the drainage system shall be constructed with barriers sufficient to prevent protect the animals from cross-contamination among animals. with urine and fecal material from animals housed in adjacent and/or nearby enclosures and/or exercise areas.

Authority G.S. 19A-24.

02 NCAC 52J .0203 OUTDOOR FACILITIES

(a) In outdoor facilities that are subject to the Animal Welfare Act, primary enclosures enclosures, common areas and walkways with which an animal comes in contact contact:

(1) shall have flooring or groundcover be constructed of sealed concrete or other surfaces impervious to moisture. moisture; and/or

(2) may use Gravel gravel may be used for groundcover so long as it is if maintained at a minimum depth of six inches and kept in a sanitary manner.

(b) Exercise areas of outdoor facilities:

(1) shall have flooring or groundcover constructed of sealed concrete or other surfaces impervious to moisture; and/or

(2) use gravel for groundcover so long as it is maintained at a minimum depth of six inches and kept in a sanitary manner; and/or

(3) artificial turf may be allowed so long as it is maintained in good repair, is replaced when damaged, and is cleaned and sanitized in accordance with Rule .0207 of this Section; and/or

(4) may contain established grass so long as the animal(s) do not have access to bare dirt and the grass covered area(s) must be kept clean and sanitary. In the event of a contagious disease outbreak, the sanitation, management and use of the grass area shall be addressed in the veterinarian's written protocol required by 02 NCAC 52J .0210(b) and (c).

(c) Sand and organic materials such as mulch, pine straw, or other similar material shall not be used as ground cover in primary enclosures, common areas, exercise areas and/or walkways.

(b)(d) Dogs and cats kept in outdoors outdoor primary enclosures shall be provided housing to allow them to remain dry and comfortable during inclement weather.

(1) Housing housing shall be constructed of material which is impervious to moisture and which can be disinfected. cleaned and easily sanitized in accordance with Rule .0207 of this Section;

(2) One one house shall be available for each animal within each primary enclosure. enclosure except for a mother and its unweaned offspring. The house(s) shall be of adequate size for the animal housed in the enclosure. In the case of a mother and her unweaned offspring, one house of adequate size to comfortably house the mother and all the offspring together shall be provided;

(3) housing structures in outdoor facilities must contain clean, dry bedding or a heat source when the temperature falls below 32 degrees F;

(4) special provisions shall be provided to any animal that cannot maintain its normal body temperature when housed outside. These special provisions shall be sufficient for the animal to maintain its normal body temperature and shall be documented in the animal's record. If the animal cannot maintain its normal body temperature even with special provisions, then that animal may not be housed outside. No infirm animal may be housed outdoors; and

(c)(5) In in addition to housing, the enclosure shall provide protection from excessive sun and inclement weather.

(e) Dogs and cats placed in outdoor exercise areas shall be protected from inclement weather and excessive sun. This protection shall be sufficient to protect all animals simultaneously in the exercise area. If an animal cannot maintain its normal body temperature in an outdoor exercise area, the animal may not be placed in an outside exercise area.

(f) Outdoor common areas used for play, enrichment and elimination shall be maintained in good repair and be cleaned and sanitized as set forth in Rule .0207 of this Section to protect the animals from injury and/or illness.

(d)(g) Animal owners shall be advised at the time of reservation and admission at a boarding kennel if the animal will be kept in outside facilities. This shall be documented in the animal's record.

(e)(h) A suitable method of drainage Drainage shall be provided. provided so that water is rapidly drained from the primary enclosures, common areas, exercise areas and walkways and so that the animal(s) does/do not have access to standing water.

Authority G.S. 19A-24.

02 NCAC 52J .0204 PRIMARY ENCLOSURES

(a) Primary enclosures and exercise areas shall be constructed so as to prevent contamination from waste and wastewater from animals in other enclosures. All surfaces with which an animal comes in contact shall be impervious to moisture. moisture excluding the ground cover options of gravel and grass allowed for in Rule .0203 of this Section.

(b) For primary enclosures and exercise areas placed into service on or after January 1, 2005, no wood shall be within the animal's reach. For primary enclosures and exercise areas in use in a licensed or registered facility prior to January 1, 2005, any damaged wood must be replaced in a manner that does not permit contact with wood by the animal.

(b)(c) Primary enclosures and exercise areas for dogs and cats shall be structurally sound and maintained in good repair and in a manner to prevent injury to animals and keep other animals out.

(d) Primary enclosures shall be constructed so as to provide space to allow each dog or cat to walk, urn turn about freely, and to easily stand with their tails erect, sit, or lie in a natural position. position with their limbs extended without touching other animals within the enclosure or the sides or top covering of the enclosure.

(e) Exercise areas shall be constructed to provide adequate space to allow each dog or cat to run and express natural play behaviors typical of the species.

(b)(f) The height of a primary enclosure or an exercise area other than a cage shall be no less than five feet.

(g) All primary enclosures and exercise areas shall be constructed to prevent the escape of animals.

(c)(h) Each primary enclosure and exercise area shall be provided with a solid resting surface or surfaces adequate to comfortably hold all occupants of the primary enclosure and exercise area at the same time. All resting surfaces must be of a non-porous or easily sanitized material, such as a solid floor, towel, or a disposable material such as newspaper. The resting surface or surfaces shall be elevated in primary enclosures housing two or more cats.

(d)(i) In addition to Paragraph (b) of this Rule, each dog shall be provided a minimum square footage of floor space equal to the mathematical square of the sum of the length of the dog in inches, as measured from the tip of its nose to the base of its tail, plus six inches, then divide the product by 144. The calculation is: (length of dog in inches + 6) x (length of dog in inches + 6) = required floor space in square inches. Required floor space in square inches ÷ 144 = required floor space in square feet. The calculation shall be expressed in square feet.

(j) Not more than four adult dogs shall be housed or confined in the same primary enclosure or exercise area without supervision. Dogs younger than six months of age may not be housed or confined or comingled with adult dogs other than their dams without supervision; this includes any animals owned by the staff or operator of the facility.

(e)(k) If more than four dogs including animals owned by the staff or operator of the facility are housed or confined in an exercise area are housed in a common area or primary enclosure, then there must be at least one person constantly supervising each 10 dogs housed or confined within each primary enclosure or common exercise area. This supervision must be conducted from within the exercise area or primary enclosure such that the person(s) has/have immediate access to the animals in the event of an emergency, aggression or fight between animals.

(l) Pregnant dogs and cats shall be housed singly in a primary enclosure. Nursing dogs and cats shall be housed only with their litter in a primary enclosure until the litter has been weaned. The primary enclosure shall be of sufficient size to allow the dam and all animals in the litter to walk, turn about freely, nurse, and to easily stand with their tails erect, sit, or lie in a natural position with their limbs extended without touching other animals within the enclosure the sides or top covering of the enclosure and to leave the whelping/queening area for exercise.

(f)(m) In addition to Paragraph (b) Paragraphs (d), (e) and (h) of this Rule, each feline older than six months housed in any primary enclosure or exercise area shall be provided a minimum of four square feet of floor space which may include elevated resting surfaces. Each feline younger than six months shall be provided 1.5 square feet.

(n) Not more than 12 cats shall be housed or confined in the same primary enclosure. enclosure or exercise area.

(g)(o) In all cat primary enclosures and exercise areas, enclosures, a clean receptacle containing clean litter shall be provided for waste. A minimum of one receptacle per three cats is required. required for each primary enclosure and exercise area.

(p) Pools in primary enclosures and/or exercise areas:

(1) Whenever water in a pool is deeper than the height at the shoulder of the shortest dog in the pool area, an ingress-egress area shall be provided;

(2) No dog may have access to the pool or pool area other than a typical kiddie wading pool without supervision;

(3) Facilities must be constructed, maintained, and managed to protect animals from illness, injury, and death resulting from access to pools or pool areas;

(4) Pools with a capacity of less than 100 gallons must have the water changed and be cleaned and sanitized daily. Pools with a capacity of 100 gallons or more shall have commercially manufactured filtration and cleaning systems installed and the manufacturer recommendations followed for cleaning, sanitation and water quality; and

(5) Typical kiddie wading pools are to be considered accessories for the purposes of cleaning, sanitation, repair and maintenance.

Authority G.S. 19A-24.

02 NCAC 52J .0205 FEEDING

(a) Adult Dogs dogs and cats and puppies and kittens older than six months shall be fed at least once each 24-hour period period. except as otherwise might be required to provide adequate veterinary care. Food shall be commercially prepared food which complies with laws applicable to animal feed or the food shall be provided by the owner. The food shall be free from contamination, wholesome, palatable, and of adequate quality and quantity appropriate for the given size, age, and condition of an animal to meet the daily requirements for nutritional value.

(b) Puppies and kittens less than six months of age shall be fed at least twice in each 24-hour period. An eight-hour interval between feedings is required if only two feedings are offered in a 24-hour period.

(c) Should a veterinarian prescribe a feeding regime different from the ones described in Paragraphs (a) and (b) of this Section for a specific animal, documentation of such veterinary care is required and shall include:

(1) the original veterinary directive signed by the veterinarian issuing it;

(2) the printed name of the veterinarian;

(3) the reason for the restriction;

(4) the specific feeding directions;

(5) the origination and review dates of the directive;

(6) the facility shall have the veterinarian review and renew the directive every 30 days until it is no longer required;

(7) the date of the cessation of the directive; and

(8) documentation by the facility of each feeding as prescribed by the veterinarian.

(d) Food shall be commercially prepared food which complies with laws applicable to animal feed or the food shall be provided by the owner.

(e) The food shall be free from contamination, wholesome, palatable, and of sufficient quality and quantity appropriate of the given size, age, and condition of an animal to meet the daily requirements for nutritional value.

(b)(f) Food receptacles shall be accessible to all dogs or cats and shall be located so as to minimize contamination by waste.

(g) For every adult animal, there must be at least one food receptacle offered. When multiple animals are housed together, caretakers shall observe each animal feeding to ensure that animals have sufficient access to food.

(h) Food receptacles shall be durable and shall be kept clean and sanitized.

(i) Uneaten food within food receptacles must be discarded after 24 hours or sooner if spoiled or contaminated.

(j) Damaged food receptacles shall be replaced. Disposable food receptacles may be used but must be discarded after each feeding.

(c)(k) Food and water receptacles in outdoor facilities shall be protected from the elements.

Authority G.S. 19A-24.

02 NCAC 52J .0206 WATERING

(a) Animals shall have continuous access to fresh fresh, potable water, except as might otherwise be required to provide adequate veterinary care.

(b) Veterinary care for a specific animal that requires water to be withheld, given in intervals, or any variation other than continuous access by an animal can only be prescribed by a veterinarian and shall be documented in writing by the facility. The documentation shall include:

(1) the original veterinary directive signed by the veterinarian issuing it;

(2) the printed name of the veterinarian;

(3) the reason for the restriction;

(4) the specific watering directions;

(5) the origination and review dates of the directive;

(6) the facility shall have the veterinarian review and renew this directive every 30 days until it is no longer required;

(7) the date of the cessation of the directive; and

(8) documentation by the facility of each watering as prescribed by the veterinarian.

(c) Water in receptables shall be changed daily and whenever visibly soiled.

(d) Watering receptacles shall be durable and kept clean and sanitized.

(e) Damaged receptacles shall be replaced.

Authority G.S. 19A-24.

02 NCAC 52J .0207 SANITATION

(a) Waste shall be removed from primary enclosures enclosures, and exercise areas and common areas to prevent contamination of the dogs or cats contained therein and to reduce disease hazards and odors. Enclosures and exercise areas for dogs and cats must be properly cleaned a minimum of two times per day. The animal must be able to walk or lie down without coming in contact with any waste or debris.

(b) When a hosing or flushing method is used for cleaning an enclosure, dogs or cats contained therein shall be removed during the cleaning process, and adequate measures shall be taken to protect the animals in other such clean enclosures from being contaminated with water and other wastes.

(c) Cross contamination barriers shall be in place in primary enclosures and be sufficient to prevent feces, urine and cleaning waste water from entering another occupied primary enclosure.

(b)(d) Sanitation shall be as follows:

(1) Prior to the introduction of dogs or cats into empty primary enclosures previously occupied, enclosures and accessories shall be sanitized in the manner provided in Subparagraph (b)(3)(d)(3) of this Rule.

(2) In addition to primary enclosures being properly cleaned a minimum of two times per day, enclosures and accessories shall be sanitized a minimum of once every seven days in the manner provided in Subparagraph (b)(3)(d)(3) of this Rule if the same animal is housed in the same enclosure more than for seven or more days.

(3) Primary enclosures, Cages, cages, rooms and hard-surfaced exercise areas, pens or runs and exercise areas with artificial turf flooring shall be sanitized by:

(A) washing them with hot water (180 degrees F.) and soap or detergent as in a mechanical cage washer; or

(B) washing all soiled surfaces with a detergent solution to remove all organic matter followed by application of a safe and effective disinfectant; removal of visible organic matter, precleaning all soiled surfaces with a detergent or degreaser solution, followed by the application, at the correct concentration, of an animal-safe disinfectant labeled to be effective against common pathogens. The disinfectant is to be left on the surfaces for the time indicated by the manufacturer. After such time, all surfaces shall be thoroughly rinsed to remove all residual chemical and then the area dried prior to returning the animal(s) to this area; or

(C) cleaning all soiled surfaces with live steam. The area is to be cooled and dried prior to the return of the animal(s).

(4) Common areas, any area accessible to multiple animals and exercise areas not covered by Subparagraph (d)(3) of this Rule shall be kept clean and sanitary. These areas are to be properly cleaned a minimum of two times per day. Hard and/or impervious surfaces of these areas shall be sanitized a minimum of once every seven days in the manner provided in Subparagraph (d)(3) of this Rule;

(4)(5) Food and water receptacles shall be sanitized daily with hot water, detergent, and disinfectant. The disinfectant shall be used consistent with the manufacturer's directions;

(5)(6) Soiled linens and cloth products shall be mechanically washed with detergent and sanitized. sanitized;

(6)(7) Any area accessible to multiple animals shall be kept clean and sanitary. sanitary; and

(8) Fans, including but not limited to floor fans, ceiling fans, wall fans, vent fans, etc. shall be cleaned routinely in intervals sufficient to prevent the accumulation of debris, dust and/or biological material.

(c)(e) Premises (buildings and grounds) shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices set forth in this Rule. Premises shall remain 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 to improve pest control, and to protect the health and well-being of the animals.

(d)(f) An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained.

Authority G.S. 19A-24.

02 NCAC 52J .0208 EMPLOYEES

A sufficient number of employees shall be utilized to sufficiently care for the animals in the facility and maintain the prescribed level of husbandry practices set forth in this Rule. Such practices shall be under the supervision of an animal caretaker who has a background in animal husbandry or care. is adequately trained and/or experienced in animal husbandry and care and has read and acknowledged their understanding of these Rules and the NC Animal Welfare Act.

Authority G.S. 19A-24.

02 NCAC 52J .0209 CLASSIFICATION AND SEPARATION

Animals housed in the same primary enclosure and/or confined to an exercise area shall be maintained in compatible groups, with the following additional restrictions:

(1) Females in season (estrus) shall not be housed in the same primary enclosure or exercise area with intact or neutered males, except for planned breeding purposes. Breeding shall not be allowed in animal shelters.

(2) In boarding kennels, animals of different owners shall not have contact with other animals, unless written permission is obtained from the animal's owner. The documentation of this written permission shall be kept as part of the animal's record for one year and must be renewed yearly thereafter.

(3) Any dog or cat exhibiting an aggressive disposition shall be housed individually in a primary enclosure. Housing of aggressive animals shall be such that the animals are prevented from biting or injuring another animal or human.

(3)(4) Puppies or kittens less than four six months of age shall not be housed in the same primary enclosure with adult dogs or cats other than their dams, except when permanently maintained in breeding colonies, or if requested in writing, by the animals' owner, as in a boarding kennel. Puppies or kittens between four and 16 weeks of age shall have daily access to human social interaction in addition to the human interaction during the cleaning and sanitation of the enclosures, excluding animals which pose a danger to humans or other animals.

(4)(5) Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals. Exceptions are allowed at boarding kennels, if requested in writing by the animals' owner.

(5)(6) All facilities shall designate an isolation area for animals being treated or observed for communicable diseases. Dogs or cats in isolation that are being treated for a communicable disease shall be separated from other dogs or cats and other susceptible species of animals in such a manner as to minimize dissemination of such disease. A sign shall be posted at the cage or isolation area when in use, giving notice of a communicable disease. disease, including the identification of the disease. Accessories, cleaning equipment and supplies used in isolation areas shall not be used in other areas of the facility.

(6)(7) Animals in long term care which are intended for adoption or sale must be provided the following: with human interaction other than interaction for enclosure cleaning, same species social interaction, opportunity for play and exercise, and environmental enrichment daily. The provision of these daily interactions and enrichment shall be appropriate for the animal's species, age, size and behavior needs. In addition:

(a) Daily access to both human and same species social interaction. The provision of the daily social interactions and enrichment shall be documented in the animal's records and the records maintained for three years; and

(b) Daily access to space other than the primary enclosure. Exemptions from these long-term care provisions are allowed only for safety or health reasons and must be approved by a veterinarian. This exemption must be reviewed and renewed every 30 days if the continuation is necessary. Documentation of the exemption must include the reason for the exemption, the name and contact information of the veterinarian authorizing the exemption, the original exemption date and the dates of review and renewal and alternative(s) offered if any.

(c) A species and size-appropriate toy, unless it poses a health threat.

(7)(8) All animals shall be confined in primary enclosures or exercise areas. Primary enclosures and exercise areas must be inspected by AWS and in compliance with the rules of this Subchapter before an animal can be confined in the enclosure or area.

Authority G.S. 19A-24.

02 NCAC 52J .0210 VETERINARY CARE

(a) A written program of veterinary care (PVC) to include disease control and prevention, vaccination, euthanasia (animal shelters only), disposition of diseased, ill, injured, infirm or deformed animals and provision of adequate routine and emergency veterinary care shall be established with the assistance of a licensed veterinarian by any person who is required to be licensed or registered under the Animal Welfare Act, Article 3 of Chapter 19A of the General Statutes. The following is required of each PVC:

(1) The PVC for animal shelters and pet stores shall be established with the assistance of a veterinarian and the veterinarian's information and signature shall be included in the appropriate section of the license/registration application/renewal application;

(2) The PVC for boarding kennels shall be submitted as part of the license/registration application/renewal and must be approved by the AWS Inspector assigned to the facility;

(3) The facility shall implement and follow the PVC. Failure to follow the PVC shall be considered a violation; and

(4) Changes to the PVC shall be submitted for approval to the Animal Welfare Section within 10 days of the effective date.

(b) If there is a disease problem that persists for more than seven days at the facility, the facility operator shall consult with a veterinarian for procedures to mitigate the problem. This consultation shall be documented by the facility.

(b)(c) If there is a disease problem that persists for more than 30 days at the facility, the facility operator shall obtain and follow a veterinarian's written recommendations for correcting the problem. These recommendations shall include, at a minimum: sanitation of primary enclosures, common areas, exercise areas and accessories, and protocols for animal intake, evaluation, isolation, disease recognition and treatment and euthanasia (in animal shelters).

(c)(d) Each dog and cat shall be observed daily by the animal caretaker in charge, or by someone under his direct supervision. supervision who has training and/or experience in animal husbandry. Sick or diseased, injured, lame, or blind dogs or cats shall be provided with adequate veterinary care in a timely manner or be euthanized, provided that this the euthanasia shall not affect compliance with any state or local law requiring the holding, for a specified period, of animals suspected of being diseased. If an animal cannot be euthanized due to a required holding period and does not meet the criteria of G.S. 19A-32.1(b)(2), then adequate veterinary care shall be provided to the animal.

(e) If euthanasia is performed at a certified facility, a list of personnel approved to perform euthanasia shall be maintained in a Policy and Procedure Manual as described in 02 NCAC 52J .0800.

(f) Diseased Diseased, injured, infirm or deformed animals shall be sold or adopted only under the policy set forth in the "Program of Veterinary Care." PVC.

(g) Full written disclosure of the medical condition of the animal shall be provided to the new owner. and all veterinary medical treatments provided to the animal shall be provided to the person or organization receiving, adopting, purchasing or otherwise acquiring the animal. Proof of written disclosure signed by the person or organization receiving the animal shall be maintained as part of the animal's record.

(d)(h) All animals in a licensed or registered facility shall be in compliance with the North Carolina rabies law, G.S. 130A, Article 6, Part 6. However, no shelter shall be disapproved following inspection or otherwise cited for failure to inoculate any dog or cat known to be less than 12 weeks old or until such animals have been in the shelter at least 15 days.

(i) If surgical procedures are performed at the registered/licensed facility, the facility shall:

(1) only perform surgical procedures on animals owned by the facility. The facility may not perform surgery on animals owned by the public unless the practice of veterinary medicine at that facility falls under the jurisdiction of the NC Board of Veterinary Medicine;

(2) appoint a NC licensed veterinarian to be the supervising veterinarian to direct, oversee and be responsible for the performance of all surgical procedures and for the condition of the surgical facility;

(3) ensure all surgical procedures are performed by a NC licensed veterinarian and performed within the designated surgical area;

(4) ensure that the designated surgical area meets the minimum standards for surgery in 21 NCAC 66 .0207(b)(9), the drug procedures meet the minimum standards in 21 NCAC 66 .0207(b)(11) and the recordkeeping procedures meet the minimum standards in 21 NCAC 66 .0207(b)(12);

(5) ensure that the minimum standards for after-hours emergency service in 21 NCAC 66 .0207(b)(19) for the provision of after-hours emergency veterinary care for an animal receiving surgical procedure(s) are met; and

(6) surgical procedures are not performed until the inspection of the surgical facility and supporting procedures noted in this section has occurred and all deficiencies have been corrected.

(j) Boarding facilities may not administer prescription medications or tranquilizers, sedatives, or any pharmaceutical drug designed to calm an animal unless the medication or drug is administered under the direction of the animal's veterinarian, with a written prescription from the animal's veterinarian, and with written permission from the animal's owner. In the event a boarding facility agrees to administer such medications or substances, the medications must be in the original container issued by a veterinarian or pharmacy and administered according to label directions. The label must include: client name/pet name, dosage, drug name, veterinarian's name, and date issued. The administration of these medications or substances shall be documented as required by 02 NCAC 52J .0102.

Authority G.S. 19A-24.

SECTION .0300 - TRANSPORTATION STANDARDS

02 NCAC 52J .0301 VEHICLES

(a) Vehicles used in transporting dogs and cats shall be mechanically sound and equipped to provide fresh air to all animals transported. transported without harmful drafts.

(b) The animal cargo space shall be constructed and maintained so as to prevent engine exhaust fumes from getting to the animals. entering the animal holding area.

(c) The interior of the animal cargo holding space shall be kept clean. cleaned after the transport of each animal. It shall be sanitized daily or between shipments of animals if more than one shipment occurs in a 24-hour period. It shall be sanitized as deemed necessary.

Authority G.S. 19A-24.

02 NCAC 52J .0302 PRIMARY ENCLOSURES USED IN TRANSPORTING DOGS AND CATS

(a) Primary enclosures such as compartments or transport cages, cartons, or crates used by persons subject to the Animal Welfare Act to transport cats and dogs shall be constructed, ventilated and designed to protect the health and insure the safety of the animals. Such enclosures shall be constructed or positioned in the vehicle in such a manner that:

(1) Each animal in the vehicle has sufficient fresh air for normal breathing.

(2) The openings of such enclosures are always easily accessible for emergency removals. removals at all times.

(3) The animals are adequately protected from the elements.

(4) The ambient temperature within the holding area shall be maintained between 50 degrees F and 85 degrees F. A shelter shall be deemed as being in compliance if its vehicles' animal containment units holding areas are equipped with operable heating and air-conditioning air-conditioning, or forced-air heating and cooling, and heating or other temperature control mechanisms. A functional thermometer shall be present in the animal holding area of the vehicle.

(b) Animals transported in the same primary enclosure shall be of the same species. Puppies or kittens less than four months of age shall not be transported in the same primary enclosure with adult dogs and cats other than their dams.

(c) Primary enclosures used to transport dogs and cats shall be large enough for each animal to turn about freely, and to easily stand, sit, or lie down in a natural position. Primary enclosures used to transport dogs and cats shall be secured to the vehicle to prevent sliding or tipping of the enclosure during transit.

(d) Special provisions during transport shall be provided to any animal that cannot maintain its normal body temperature during the transport. These special provisions shall be sufficient for the animal to maintain its normal body temperature and shall be documented in the animal's record.

(d)(e) Animals shall not be placed in primary enclosures over other animals in transit unless such enclosure is constructed so as to prevent animal excreta from entering lower enclosures.

(e)(f) All primary enclosures used to transport dogs and cats shall be sanitized between use for shipments.

Authority G.S. 19A-24.

02 NCAC 52J .0303 FOOD AND WATER REQUIREMENTS

If dogs and cats are transported for a period of more than 12 six hours:

(1) The vehicle shall stop at least once every 12 six hours for a period of one hour. During the one hour stop, potable water shall be continuously provided for dogs and cats. If the transport lasts for six hours or more, the enclosures containing cats shall be equipped with a clean litter box with litter.

(2) Adult dogs and cats shall be fed at least once during each 24-hour period. Puppies and kittens less than six months of age shall be fed every six hours.

(3) Dogs shall be removed from the vehicle, given fresh water and given the opportunity for exercise if they have been confined in the vehicle for 36 hours. six hours or longer.

Authority G.S. 19A-24.

02 NCAC 52J .0304 CARE IN TRANSIT

(a) It shall be the responsibility of the attendant or driver to inspect animals frequently enough to assure health and comfort and to determine if they need emergency care and to obtain it if needed.

(b) If a transport lasts six hours or longer, the transporter shall log the start and end times of the transport, the species, identification of the transported animal(s), any visible injury, illness or other medical condition, and care provided including but not limited to stops, exercise, watering, feeding and/or veterinary care. This documentation shall be kept for a minimum of one year after the transport.

Authority G.S. 19A-24.

SECTION .0400 - EUTHANASIA STANDARDS

02 NCAC 52J .0401 ADOPTION BY REFERENCE

A person required to obtain a certificate of registration pursuant to G.S. 19A, Article 3 may use any method of euthanasia approved by the American Veterinary Medical Association (AVMA)(AVMA), and/or the Humane Society of the United States (HSUS)(HSUS), or the American Humane Association (AHA) which are hereby incorporated by reference, including subsequent amendments and editions. Copies of these documents may be obtained as follows:

(1) AVMA Guidelines on Euthanasia may be accessed at no cost on their website at www.avma.org.

(2) The HSUS Euthanasia Training Reference Manual can be purchased through their website at www.hsus.org at a cost of nineteen dollars and ninety-five cents ($19.95). accessed at no cost via the link: https://humanepro.org/sites/default/files/documents/euthanasia-reference-manual.pdf.

(3) The AHA publication, Euthanasia by Injection, can be purchased through their website at www.americanhumane.org at a cost of ten dollars ($10.00).

Authority G.S. 19A-24.

02 NCAC 52J .0402 AUTHORIZED PERSONS

Only a Certified Euthanasia Technician Technician, Probationary Euthanasia Technician, or a veterinarian licensed to practice veterinary medicine in North Carolina may euthanize an animal in a certified animal shelter. A Certified Euthanasia Technician shall not euthanize animals using a method for which he or she is not currently certified except as specified in 02 NCAC 52J .0700.

Authority G.S. 19A-24.

02 NCAC 52J .0403 DEFINITIONS

As used in this Subchapter:

(1) "Certified Euthanasia Technician" means a person employed by a certified facility who has been instructed in the proper methods of humane euthanasia, security and record keeping.

(2) "Certified facility" means a certified registered animal shelter shelter, kennel or pet shop that employs at least one Certified Euthanasia Technician or NC licensed veterinarian to perform euthanasia on animals at that certified facility.

(3) "Approved Certified Euthanasia Technician trainer" means a person or organization that an individual who has received permission from the Animal Welfare Section to provide training to applicants or individuals seeking to be Certified Euthanasia Technicians.

(4) "Chemical Agent" means any chemical approved by the American Veterinary Medical Association Association, and/ or the Humane Society of the United States or the American Humane Association² which is used to induce death.

(5) "Applicant" means a person seeking certification as a Euthanasia Technician.

(6) "Commercially manufactured chamber" means a chamber built with the intention for sale with the purpose of euthanizing animals, and which meets the requirements of 02 NCAC 52J .0600.

(7)(6) "Conviction of a criminal offense" means being found guilty, convicted, placed on probation or entering a guilty plea that is accepted by the court, forfeiture of bail, bond or collateral deposited to secure one's own appearance in a criminal proceeding or having received a withheld judgment, prayer for judgment continued or suspended sentence by a court of competent jurisdiction in this state, in a federal court or another state of any felony, as described by federal or state law, or any criminal act that in any way is related to practicing as a Certified Euthanasia Technician.

(7) Euthanasia by injection (EBI) means the injection of an approved commercially-manufactured euthanasia medication via an intravenous, intraperitoneal or intracardiac (subject to additional conditions) injection into an animal to cause the death of that animal.

Authority G.S. 19A-24.

02 NCAC 52J .0404 CERTIFICATION REQUIREMENTS FOR EUTHANASIA TECHNICIANS (READOPTION WITHOUT SUBSTANTIVE CHANGES)

02 NCAC 52J .0405 CERTIFICATION STANDARDS (READOPTION WITHOUT SUBSTANTIVE CHANGES)

02 NCAC 52J .0406 APPLICATION REQUIREMENTS

An applicant for certification shall:

(1) submit a completed and signed application form; and

(2) provide a document from an approved Certified Euthanasia Technician trainer establishing that the applicant has completed an approved course, passed the course written examination and passed a practical examination in the specific euthanasia by injection (EBI) techniques for which the applicant is seeking certification, or provide separate documentation of having taken an approved course and passed the written examination and having passed a practical examination given by a different approved Certified Euthanasia Technician trainer. trainer; and

(3) specify in the application form the specific euthanasia techniques the applicant is requesting certification.

Authority G.S. 19A-24.

02 NCAC 52J .0407 TRAINING AND EXAMINATIONS

(a) Training and examinations for euthanasia certification shall consist of:

(1) Classroom lecture covering the entire list of subjects in Paragraph (b) of this Rule;

(2) Earning a score of 80 percent correct on a written test provided by the Animal Welfare Section, demonstrating knowledge of the subjects listed in Paragraph (b) of this Rule; and

(3) Passing a practical examination in each of the euthanasia by injection techniques. methods for which the applicant is seeking certification.

(b) The Animal Welfare Section shall develop Certified Euthanasia Technician training programs and materials or accredit training programs and materials to be offered by other individuals, schools, agencies or veterinary practices. The programs and materials shall conform to the processes set forth by the American Veterinary Medical Association Association, and/or the Humane Society of the United States or the American Humane Association and shall include the following topics:

(1) The theory and history of euthanasia methods and practice;

(2) Relevant Animal animal anatomy;

(3) Proper animal restraint, handling and methods for controlling animal stress;

(4) Proper chemical agent dosages, record keeping and usage documentation, chemical agent, instrument and equipment storage, handling and disposal in accordance with rules and the Code of Federal Regulations;

(5) Proper injection techniques;

(6) Proper dosing for the specific route of administration for the EBI;

(7) Proper and accurate verification of lack of pain perception;

(6) Proper euthanasia techniques not utilizing injected chemical agents;

(7)(8) Proper and accurate verification of animal death;

(8)(9) Proper record keeping; keeping including documentation of justification for intracardiac and for early euthanasia;

(9)(10) Proper disposal of euthanized animals;

(10)(11) Stress management for euthanasia personnel;

(11)(12) Proper methods and techniques of euthanasia under extraordinary circumstances;

(12)(13) Proper methods, techniques and chemicals inducing anesthesia and sedation in animals prior to euthanasia; and

(13)(14) Proper methods, techniques and chemicals used in the practical examination section for Certified Euthanasia Technician.

(c) The Animal Welfare Section shall prepare written examinations to be given to applicants. Following the classroom training detailed in Paragraph (b) of this Rule, the applicant shall take a written examination provided by the Animal Welfare Section that will be used by the approved trainer. Notes or other assistance are not allowed during the taking of the written examination. Those passing the written examination for that classroom training session are eligible to take for the practical examination of the methods of euthanasia for which the applicant seeks certification. on the EBI techniques. Those failing this written examination shall attend another classroom training session and must pass a different written examination provided by the Animal Welfare Section before they are eligible to take the practical examination.

(d) The applicant must pass a practical examination on each method of euthanasia for which he or she seeks certification. the EBI techniques.

(e) Applicants for certification in Euthanasia by Injection shall demonstrate the following knowledge and competencies:

(1) Correctly calculate chemical agent dosage based upon the species, age, weight and condition of the animal; animal and the route of administration;

(2) Correctly complete all required documentation; documentation and demonstrate proper technique for scanning an animal for a microchip;

(3) Correctly draw the properly calculated chemical dosage into a syringe and needle of a type and size appropriate for the animal; animal and for the route of administration;

(4) Correctly administer the chemical agent to the animal;

(5) Properly perform intravenous and intraperitoneal injections on dogs and intravenous or intraperitoneal injections on cats;

(6) Knowledge of the current euthanasia guidelines, medical procedures including lack of pain perception verification and drugs necessary for an animal to be euthanized by cardiac injection;

(7) Demonstrate ability to verify death by: by a combination of the following:

(A) lack of respiration;

(B) lack of ocular reflexes;

(C) lack of a heartbeat; heartbeat verified by the use of a stethoscope;

(D) greying of mucous membranes;

(E) lack of response to firm toe pinch;

(F) rigor mortis.

(8) Knowledge about the human health risks associated with the use of chemical agents used for euthanasia including signs and symptoms associated with accidental exposure of the Certified Euthanasia Technician; and

(9) Proper first aid for a person accidentally exposed to chemical agents used for euthanasia.

(f) Applicants for certification in Euthanasia by Gas Inhalation shall meet the standards set forth in this Paragraph:

(1) Demonstrate knowledge of the dangers and human health effects of exposure to carbon monoxide gas;

(2) Demonstrate knowledge about which animals Euthanasia by Gas Inhalation is approved and which species, age, medical or physical conditions make it improper to use Euthanasia by Gas Inhalation;

(3) Demonstrate proper techniques in placing animals into the chamber;

(4) Demonstrate knowledge about the maintenance, operation and cleaning of the chamber, fittings, gas cylinder, valves, and other parts of the equipment;

(5) Demonstrate proper operation of the chamber;

(6) Demonstrate ability to verify death by:

(A) lack of respiration;

(B) lack of ocular reflexes;

(C) lack of a heartbeat;

(7) Demonstrate knowledge about the human health risks associated with the use of carbon monoxide when used for euthanasia. Such knowledge shall also include signs and symptoms associated with accidental exposure of the Certified Euthanasia Technician;

(8) Demonstrate knowledge of proper first aid for a person accidentally exposed to carbon monoxide used for euthanasia.

Authority G.S. 19A-24.

02 NCAC 52J .0408 TRAINERS

(a) Certified Euthanasia Technician training shall be provided by the Animal Welfare Section or by companies or individuals meeting the following criteria:

(1) Possess working knowledge of euthanasia conducted according to this Section;

(2) Have actual experience in euthanasia of animals;

(3) Have experience training staff in euthanasia; and

(4) Provide references from individuals or organizations previously trained. trained or individuals or organizations that can attest to satisfactory euthanasia experience.

(b) Information taught shall conform to this Section and the guidelines set forth by the American Veterinary Medical Association Association, and/or the Humane Society of the United States. States or the American Humane Association.

(c) Trainers shall disclose to their students and the Animal Welfare Section any affiliations with suppliers of equipment or supplies used in euthanasia.

(d) The Animal Welfare Section may make unannounced audit of instruction and testing by trainers.

(e) Prior to providing euthanasia training leading to certification as a Euthanasia Technician, the person or company shall obtain approval before each class for its training program from the Animal Welfare Section.

(f) Trainers shall return to the Animal Welfare Section office copies of the written tests, notification of results for the written examinations and notification of results for the practical examinations within 10 days of the date of the tests. These results shall include all examination outcomes for all applicants.

Authority G.S. 19A-24.

02 NCAC 52J .0409 PROBATIONARY EUTHANASIA TECHNICIANS

Authority G.S. 19A-24.

02 NCAC 52J .0410 EXAM REQUIRED

An individual who has not passed the written exam and the practical examination may not serve as a Certified Euthanasia Technician. Technician or Probationary Euthanasia Technician.

Authority G.S. 19A-24.

02 NCAC 52J .0411 NEW APPLICATION

If the individual or applicant fails to pass the practical exam a second time and wishes to apply for certification again, the individual shall submit a new application to the Animal Welfare Section, attend a training program, pass the written exam and take and pass a practical examination on euthanasia. The Animal Welfare Section shall cancel the application of any applicant who fails the written examination twice. The Animal Welfare Section shall cancel the application of any applicant who fails the written examination twice and/or the practical examination twice. If the individual wishes to apply for certification again, the individual shall submit a new application to the Animal Welfare Section, attend a training program, pass the written examination and the practical examination before a certification can be issued.

Authority G.S. 19A-24.

02 NCAC 52J .0412 ISSUANCE OF CERTIFICATION

Upon the receipt of materials specified in this Section the Animal Welfare Section shall issue a Euthanasia Technician Certificate.

Authority G.S. 19A-24.

02 NCAC 52J .0413 LENGTH OF CERTIFICATION

A Euthanasia Technician Certificate issued by the Animal Welfare Section is valid for five years from the date of issuance unless it is revoked pursuant to this Section or upon termination of employment or volunteer status as described in this Section.

Authority G.S. 19A-24.

02 NCAC 52J .0414 TERMINATION OF EMPLOYMENT

Upon termination of employment or volunteer status from a certified facility, a Certified Euthanasia Technician shall not perform animal euthanasia in a certified facility until recertified by the Animal Welfare Section. The Certified Euthanasia Technician's certification shall be canceled effectively upon termination of employment. employment or volunteer status. No later than 10 days from the date of the termination of a Certified Euthanasia Technician's employment or volunteer status at that certified facility the Certified Euthanasia Technician shall notify complete a form notifying the Animal Welfare Section of the termination of employment. employment or volunteer status and shall return the form and the Certificate to the Animal Welfare Section.

Authority G.S. 19A-24.

02 NCAC 52J .0415 NOTICE OF TERMINATION

A certified facility shall notify the Animal Welfare Section in writing, no later than 10 days from the date of the termination of a Certified Euthanasia Technician's employment or volunteer status at that certified facility.

Authority G.S. 19A-24.

02 NCAC 52J .0416 RECERTIFICATION

(a) If a former Certified Euthanasia Technician is employed or is accepted as a volunteer at a certified facility before the expiration of his or her certification, the former Certified Euthanasia Technician or employer may request reinstatement of his/her the certification from the Animal Welfare Section. The reinstated Certification shall be good for five years from the date of its initial issue.

(b) If a former Certified Euthanasia Technician is employed or is accepted as a volunteer at a certified facility after the expiration of his certification, the former Certified Euthanasia Technician may only euthanize animals under the direct supervision of a licensed veterinarian or currently certified euthanasia technician for three months or until he/she passes practical examination whichever is less. The former Certified Euthanasia Technician and the manager of the certified facility shall each notify the Animal Welfare Section within 10 days of the date the former Certified Euthanasia Technician is employed or accepted as a volunteer. The Certified Euthanasia Technician may not euthanize animals until the certification has been reinstated by the Animal Welfare Section.

Authority G.S. 19A-24.

02 NCAC 52J .0417 CERTIFICATION RENEWAL

(a) Certifications may be renewed every five years provided that:

(1) within the 12 months immediately preceding the application for certification renewal the Certified Euthanasia Technician has taken and passed a practical examination for each method of euthanasia for which they are seeking certification renewal; in current EBI techniques;

(2) the applicant receives up-to-date information about the method of euthanasia for which the applicant is seeking certification; the current standards and guidelines on EBI; and

(3) the applicant receives training in stress management.

(b) The applicant shall submit an application for certification renewal to the Animal Welfare Section. The application shall be on a form created by the Animal Welfare Section and shall include a document from an approved Certified Euthanasia Technician trainer establishing that the applicant has passed a practical examination in the specific euthanasia techniques for which he or she is seeking certification. techniques of EBI.

Authority G.S. 19A-24.

02 NCAC 52J .0418 DUTIES

A Certified Euthanasia Technician may shall:

(1) Prepare animals for euthanasia; euthanasia, including scanning for a microchip and documentation of absence of microchip, or of reasonable but unsuccessful attempts to reach the owners associated with a microchip present in an animal or of emergency circumstances which precluded such attempts;

(2) Accurately Record record the identification number of the animal, its species, sex, breed description and date, dosages and route of administration for drugs that are administered for sedation and euthanasia and amounts for drugs wasted;

(3) Order euthanasia supplies;

(4) Maintain the security of all controlled substances and other drugs in accordance with applicable state and federal laws and regulations;

(5) Directly supervise probationary Euthanasia Technicians;

(6)(5) Report to the appropriate government agencies violations or suspicions of a violation of the rules in this Subchapter or any abuse of drugs;

(7)(6) Euthanize animals; animals in accordance with the rules of this Section;

(8)(7) Dispose of euthanized animals and expired or unwanted chemical agent(s) or the containers, instruments and equipment used in the administration of drugs in accordance with all applicable federal, state and local laws and regulations; and

(9)(8) Notify the Animal Welfare Section as required in this Section upon leaving employment or volunteer status at a covered at a certified facility.

Authority G.S. 19A-24.

02 NCAC 52J .0419 GROUNDS FOR DISCIPLINE - CERTIFIED EUTHANASIA TECHNICIANS

The Department may refuse to issue, renew, or reinstate the certification of a Euthanasia Technician, or may deny, revoke, suspend, sanction, or place on probation, impose other forms of discipline, and enter into consent agreements and negotiated settlements with Certified Euthanasia Technician pursuant to the procedures set forth in G.S. 150B, Article 3, for any of the following reasons:

(1) Failure to Carry Out Duties. Failure to carry out the duties of a Certified Euthanasia Technician;

(2) Abuse of Chemical Substances. Abuse of any drug or chemical substance by:

(a) Selling, diverting or giving away drugs or chemical substances;

(b) Stealing drugs or chemical substances;

(c) Misusing chemical substances; or

(d) Abetting anyone in the foregoing activities;

(3) Euthanizing animals without supervision as required by this subchapter;

(4) Allowing uncertified individuals to euthanize animals;

(5) Allowing probationary Euthanasia Technicians to euthanize animals outside of the Certified Euthanasia Technician's personal presence;

(6)(5) Fraud, misrepresentation, or deception in obtaining certification;

(7)(6) Unethical or Unprofessional Conduct. Unethical or unprofessional conduct means to knowingly engage in conduct of a character likely to deceive or defraud the public. public and/or the Animal Welfare Section. Such conduct includes working in conjunction with any agency or person illegally practicing as a Certified Euthanasia Technician; failing to provide sanitary facilities or apply sanitary procedures for the euthanizing of any animal; euthanizing animals in a manner that endangers the health or welfare of the public; gross ignorance, incompetence or inefficiency in the euthanizing of animals as determined by the practices generally and currently followed and accepted as approved by the American Veterinary Medical Association Association, and/or the Humane Society of the United States or the American Humane Association; and the rules of this Section; intentionally performing a duty, task or procedure involved in the euthanizing of animals for which the individual is not qualified; and swearing falsely in any testimony or affidavits relating to practicing as a Certified Euthanasia Technician; Technician and/or failing to provide requested information or the provision of inaccurate or misleading information during an investigation or inspection by the Animal Welfare Section;

(8)(7) Conviction of any criminal offense as described in this Section;

(9)(8) Improper Record Keeping. Failure to follow proper record keeping procedures as outlined in the rules in this Subchapter; Subchapter and/or entering of inaccurate or misleading information into the records of a certified facility;

(10)(9) Improper Security and Storage for Chemical Agents. Failure to provide and maintain proper security and storage for euthanasia and restraint drugs as established under applicable United States Drug Enforcement Administration and North Carolina Department of Health and Human Services statutes and rules;

(11)(10) Improper Disposal of Chemical Agents and Equipment. Failure to dispose of drugs and the containers, instruments and equipment in a manner permitted by this Subchapter;

(12)(11) Improper Labeling of Approved Chemical Agents. Failure to properly label approved euthanasia and restraint chemical agents;

(13)(12) Revocation, Suspension or Limitation. The revocation, suspension, limitation, of a license, certificate or registration or any other disciplinary action by another state or United States jurisdiction or voluntary surrender of a license, certificate or registration by virtue of which one is licensed, certified or registered to practice as a Certified Euthanasia Technician in that state or jurisdiction on grounds other than nonpayment of the renewal fee; and

(14)(13) Failure of any applicant or certificate holder to cooperate with the North Carolina Department of Agriculture and Consumer Services during any investigation or inspection.

Authority G.S. 19A-24.

SECTION .0500 - EUTHANASIA BY INJECTION

02 NCAC 52J .0501 INTRACARDIAC INJECTION

Intracardiac injection shall only be used on animals that have been anesthetized or heavily sedated.

Intracardiac injection for euthanasia may only be administered under the following conditions:

(1) due to injury or other medical condition, the animal is unconscious, or the animal has been rendered unconscious by administration of a general anesthetic;

(2) due to medical condition of the animal and/or size of the animal, intravenous or intraperitoneal administration is not practical or humane;

(3) the absence of a pain response has been verified prior to the administration of the intracardiac injection and this verification is documented in the animal's record; and

(4) the justification for an intracardiac injection rather than an intravenous or intraperitoneal route of administration has been documented in the animal's record.

Authority G.S. 19A-24.

SECTION .0700 - EXTRAORDINARY CIRCUMSTANCES

02 NCAC 52J .0701 METHODS OF EUTHANASIA PERMITTED UNDER EXTRAORDINARY CIRCUMSTANCES AND SITUATIONS (READOPTION WITHOUT SUBSTANTIVE CHANGES)

02 NCAC 52J .0702 GUNSHOT OR OTHER METHODS

Under extraordinary circumstances and situations which occur offsite from the shelter, a shelter employee trained in the euthanasia method for that species may use gunshot or other extreme method of euthanasia as set forth in the American Veterinary Medical Association Association, and/or Humane Society of the United States or American Humane Association Guidelines incorporated by reference in 02 NCAC 52J .0401.

Authority G.S. 19A-24.

02 NCAC 52J .0703 METHODS AND STANDARDS

The Methods methods of euthanasia used by a certified facility under an extraordinary circumstance or situation must be a method approved by the American Veterinary Medical Association Association, and/or the Humane Society of the United States or the American Humane Association for use on that species of animal and must conform to standards set forth by that organization.

Authority G.S. 19A-24.

02 NCAC 52J .0704 TECHNICIAN NOT REQUIRED

If an extraordinary circumstance or situation occurs and euthanasia is necessary, the person shelter employee performing the euthanasia is not required to be a Certified Euthanasia Technician at a certified facility. facility so long as the shelter employee is trained in the euthanasia method for that species that was used in the situation.

Authority G.S. 19A-24.

02 NCAC 52J .0705 REPORTS

A licensee certified facility or registrant shall prepare a report of any euthanasia performed under extraordinary circumstances or situations, and keep the report on file for at least two years. The report shall include the date, time, identification of the animal, the name of the person performing the final euthanasia, the method of euthanasia and the reason for euthanasia of the animal as permitted by this Section.

Authority G.S. 19A-24.

SECTION .0800 - POLICY AND PROCEDURE MANUAL

02 NCAC 52J .0801 MANUAL REQUIRED

Any animal shelter certified facility performing euthanasia shall have a current policy and procedure manual about euthanasia.

Authority G.S. 19A-24.

02 NCAC 52J .0802 CONTENTS

The policy and procedure manual shall set forth the shelter's equipment, process, and the procedures for individual separation of animals. and documentation requirements for the euthanasia of animals.

Authority G.S. 19A-24.

02 NCAC 52J .0803 ADDITIONAL CONTENTS

A certified facility's policy and procedure manual shall be kept consistent with the publications listed below and reflect the current information for each. The manual shall include:

(1) A copy of the current North Carolina Animal Welfare Act and the rules in this Subchapter;

(2) A copy of the 2000 Report of the American Veterinary Medical Association Panel on Euthanasia most recent AVMA Guidelines for the Euthanasia of Animals and any future revisions, replacements, supplements or changes thereto issued by that organization;

(3) A current copy of the most recent Euthanasia Training Reference Manual of the Humane Society of the United States;

(4) A copy of the publication on euthanasia by the American Humane Association;

(5)(4) A list of methods of euthanasia allowed at the shelter and the policy and procedures for each method; A copy of the facility's policies and/or procedures for euthanasia by injection;

(6)(5) A list of Certified Euthanasia Technicians Technicians, the methods of euthanasia in which they have received training, and the date of training; certification;

(7)(6) The name, address and contact information for the veterinarian responsible for the Annual Program of Veterinary Care;

(8)(7) The name, address and contact information for veterinarians responsible for the veterinary medical care of the animals. The contact information shall include telephone numbers for working hours, weekends, nights and holidays;

(9)(8) Euthanasia procedure to use in emergencies, after hours, holidays and weekends;

(10)(9) Procedures to follow if no Certified Euthanasia Technician is present and euthanasia of an animal is necessary;

(10) Procedures to follow including the names(s) of shelter manager designee(s) when the shelter manager is not available to make the decisions necessary and complete the required paperwork when an animal is to be euthanized prior to the end of the 72-hour holding period;

(11) Methods of verifying death of an animal after a euthanasia process is performed;

(12) The name and contact information of the supplier of materials. It shall include:

(a) Bottled gas (if applicable);

(b) Manufacturer of the chamber used to euthanize animals by inhalant gas (if applicable);

(c)(a) Injectable euthanasia solution;

(d)(b) Tranquilizer, sedation, or and anesthetic solution; medications;

(13) Original of U.S. Drug Enforcement Administration certification permitting the use of controlled substances;

(14) A material safety data sheet for any chemical or gas used for euthanasia in that shelter; Original of the NC Health and Human Services certificate permitting the storage and use of controlled substances;

(15) A material Material safety data sheets sheet for any anesthetic or tranquilizer, all chemical, anesthetic, tranquilizing, sedation and euthanasia medications used in that facility;

(16) Notice of Information detailing the signs and symptoms associated with human exposure to the agents used for euthanasia at the facility;

(17) Information detailing First Aid for people accidentally exposed to the agents used for euthanasia at the facility; and

(18) Contact information of the physician or medical facility providing medical treatment to employees of the facility. The information shall include the name of the medical facility, the telephone number for both working and after-hours contact and directions to the medical facility from the certified facility including a map. If the medical facility does not provide service after-hours, on weekends or on holidays, there must be contact information as described in this item for the nearest medical facility, urgent care clinic or emergency room that does provide care during that time.

Authority G.S. 19A-24.

SECTION .0900 - ANIMAL SHELTER SUPPORT FUND

02 NCAC 52J .0901 ELIGIBLE EXPENSES (READOPTION WITHOUT SUBSTANTIVE CHANGES)

02 NCAC 52J .0902 APPLICATION GUIDELINES (READOPTION WITHOUT SUBSTANTIVE CHANGES)