8 CCR 1202-15 Part 25 - Statements of Basis, Specific Statutory Authority and Purpose
STATUTORY AUTHORITY:
The Commissioner of Agriculture adopts these rules pursuant to the authorities located at § 35-80-109(1), (2), and (4), C.R.S.
PURPOSE:
The purpose of these rules is to define the administration and enforcement of the Pet Animal Care and Facilities Act, § 35-80-101 through 117, C.R.S., ("PACFA"). The rule includes minimum standards of physical facility, sanitation, ventilation, heating, cooling, humidity, spatial and enclosure requirements, nutrition, humane care, medical treatment, sterilization of dogs and cats released to prospective owners from animal shelters and pet animal rescues, and method of operation, including the minimum holding period for and disposition stray or abandoned pet animals, that are, in the opinion of the Commissioner, necessary to carry out the provisions of this article; the minimum weight requirement for the transfer of cats; maintenance of records concerning health care, euthanasia, and transactions involving pet animals; the establishment of qualifications for any applicant and standards of practice for any of the licenses authorized under this article, including the establishment of classifications and sub-classifications for any license authorized pursuant to PACFA; the issuance and reinstatement of any license authorized by PACFA and the grounds for any disciplinary actions authorized by PACFA, including letters of admonition or the denial, restriction, suspension, or revocation of any license authorized by PACFA; the amount of any license fee for a pet animal facility license; and the annual date on which licenses and psittacine bird leg bands issued pursuant to PACFA expire.
FACTUAL AND POLICY ISSUES:
PACFA was created by statute in 1994. Between 1994 and the adoption of this rule, the program, animal care standards, and the statute have evolved. The previously adopted rule had become unwieldy with updates, corrections, and revisions. PACFA worked with its Pet Animal Advisory Committee pursuant to § 35-80-115, C.R.S., to streamline the rule to make it more efficient, responsive to new science and information, and user-friendly for licensees.
The existing rule was repealed and re-enacted. This new rule incorporates changes as a result of the Department's Regulatory Efficiency Review Process conducted in accordance with the Governor's Executive Order D 2012-002.
STATUTORY AUTHORITY:
The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at §§ 35-80-109(1), (2)(a), (b.6), (c), (d), (e)(I), and 35-80-106.5(2), C.R.S.
PURPOSE:
The purpose of this rulemaking is to recodify the Rule from the Animal Health Division to the Inspection and Consumer Services Division. Other changes include: provide clarification in definitions that the regulated community found unclear since the repeal of these Rules in 2014, provide new definitions where necessary to aid with clarity, include new categories for "pet transporter" and "reptile/amphibian," clarify license application and renewal dates, remove unnecessary licensure categories, update licensure fees, and harmonize all areas of the Rule to integrate the changes to definitions, categories, and licensure dates fully into the Rule. These revisions incorporate changes as a result of the Department's Regulatory Efficiency Review Process.
Factual Policy and Issues:
The PACFA Advisory Committee and PACFA staff (the "Reviewers") identified various terms that needed either clarification to their definitions or a new definition. In addition to refining the definitions, the Reviewers made changes throughout the Rule to how the words "commingle" and "enclosure" are used to bring clarity to the Rules. The Reviewers also received many comments from industry regarding the regulation of reptile and amphibian breeders. Responding to the concerns in those comments, the Reviewers drafted changes to incorporate reptile and amphibian breeders more specifically into PACFA with their own category and with clarified housing and reporting requirements.
Additionally, the transport of pets into Colorado to rescues and shelters from Texas, Oklahoma, Kansas, New Mexico and Utah has become a major consumer protection issue. Statistics for shelters and rescues show that in 2013 over 17,000 pets were transferred into the state, in 2014 over 24,000 and preliminary estimates of over 30,000 in 2015. The Reviewers identified a large and unregulated conduit by which pet animals enter into Colorado without appropriate records and without minimum health concerns addressed. The Reviewers created a category of licensure for these as "Pet Transporter."
The Reviewers removed the unnecessary licensure category of "Network Boarding Facility" because it is not a category that is useful any longer. And, they removed the requirement to submit pre-licensure plans because the Department does not approve these plans. They also removed the definition of "sanitation" and amended the "Cleaning and Sanitation" Section to identify what type of sanitation is acceptable because licensees were not correlating the definition of the term with the requirement to sanitize in the Rule. Due to a lack of clarity with regard to licensure dates, the Reviewers modified language regarding when licenses expire and modified due dates for licensure applications.
With regard to discipline, the Reviewers determined it necessary to permit the Commissioner to issue disciplinary action against a licensee who has failed three inspections within one calendar year, changing that from three re-inspections for an original violation. On occasion, PACFA encounters facilities that fail inspections for different reasons each time. The Reviewers concluded that permitting a facility to continue to operate simply because it fails each inspection for different reasons each time is inequitable to the majority of licensees who are compliant or who remedy their non-compliance issues without adding additional factors of non-compliance.
Licensure fees throughout were adjusted to take into consideration equity and to accommodate the creation of new categories. Where two or more categories were collapsed into one or where a category was removed, the Reviewers made appropriate changes.
To provide additional protection to animals being groomed, the Reviewers found it necessary to indicate that untethered animals being groomed must be under constant supervision. Similarly for animal safety, the Reviewers added "muzzle" to the list of behavioral devices that require supervision.
Record keeping and identification requirements for psittacine birds were relaxed to allow for alternative forms of identification including microchips and photo identification when it is not possible to band a bird and to modify the requirement that a psittacine bird sales record form is only required for birds sold to the public and not for transfers of birds between licensed facilities. Reviewers also found it necessary to add that licensees must record a weight at the time of transfer for kittens under 12 weeks of age to meet the statutory requirement of two pounds. To reduce paperwork for licensed facilities, the reviewers relaxed the zoonosis disclosure in the record keeping requirements allowing facilities to provide their own forms, approved rather than prescribed by the Commissioner, for customers or adopters to initial that they have received the required disclosures for rabies and salmonella. In order to ensure that foster homes understand the necessity to comply with local regulations, the Reviewers found it necessary to require animal rescues to have a written foster agreement with all of their foster homes and include a statement on these agreements certifying that the foster home is in compliance with local zoning requirements and animal control codes.
Specific Purpose of this Rulemaking
Changes in these Rules include spelling and grammatical changes. Reviewers located the word "rail" in the chart in Section 12.00 enclosures, paragraph A. Dogs when the word should have been "tail", Section 14.00 Classification and Separation, paragraph J. the word "maybe" should be "may be".
Additions and deletions have been made to Section 1.00 definitions and Abbreviations to better define some concepts that have arisen out of the enactment of the new Rule in 2014 and remove definitions related to license categories that are no longer used and remove and move definitions to another Rule Section so they are more clearly defined. Formatting has also been updated to be consistent with other Department Rules.
New definitions include; paragraph B. building, paragraph E. the word commingle, paragraph F. creating a definition of common area, paragraph I.2 using the word "indefinitely" to better define what an animal sanctuary is, I. 5 adding correctional facilities that train dogs regardless of compensation to the boarding and training facility definition, removing the definition and category of I. 10 network boarding facility as it is not used by licensees, creating a new category and definition under I. 10 of Pet Animal Transporter to address the growing concerns of pet animals being imported into the state for adoption by shelters and rescues, in I. 13 adding the category and definition of reptile/amphibian(herptile) breeder to address the increase in breeding and selling of reptiles and amphibians, paragraph J. creating a definition of enclosure to better define the difference between common area and enclosure for supervising and separating animals during exercise or social interaction, paragraph M. defining indoor, paragraph N. defining the word infirm, paragraph S. defining outdoors and removing the definition of paragraph P. sanitation and moving it to Section 13.00 Cleaning and Sanitation and paragraph Y. striking 12-month and replacing it with calendar year for the definition of a temporary single retail event.
Changes to Section 2.00 application for Licensure and Conditions for Licensure include; striking C. 4 since plans are no longer required to be submitted prior to operation, F.1 adding reptile/amphibian (herptile) breeder to the licensing threshold by species Section, F. 1 subsection d through g adding the threshold numbers for the breeding of reptiles and amphibians, G. 1 requiring groomers to provide premise change notification, striking H. as network boarding facility is being removed and Pet Handler is no longer a sub category of boarding/training.
Changes to Section 3.00 Facility License Requirements include; paragraph A. adding Reptile/Amphibian Breeder, Pet Handler and Pet Transporter to the list of facilities that need to be separately licensed, paragraph G. making the license year March 1 and paragraph J. making the license renewal for psittacine leg bands March 1.
Changes to Section 4.00 License Fees include; changes to paragraph D. 1 retail aquarium increased to $350 from $300 to bring it more in line with the retail/wholesale category, D. 4 and 17 combined common and uncommon bird breeder into one category called bird breeder and made the fee $200, D. 8 deleted Network Boarding Facility and the fee, created a new D. 8 to combine for profit and non-profit animal rescue and made the fee $225, D. 11 added facility to the pet grooming category and added the sub categories of independent contractor pet groomer and self-wash only grooming facility, added the new categories of D. 14 pet transporter at $225 and D. 15 reptile/amphibian breeder at $225.
Changes to Section 5.00 annual Report By Licensee include the additions of pet handler, pet transporter and reptile/amphibian breeder facility who are required to submit an annual report.
Changes to Section 9.00 disciplinary Actions and Denial of Licensure include; paragraph A. 1 subsection b allowing applicants to request an exemption from the Commissioner why they await the pre-license inspection process, paragraph B. 6 striking original violation and changing the intent to only allow licensees three failed inspections before the initiation of disciplinary action.
Change to Section 10.00 Inspections to align with the wording in the statute, striking mutually agreeable to make licensees provide regular business hours for inspection.
Changes to Section 12.00 enclosures include; paragraph G.3 for mice, striking 5 inches to align with industry standards to provide 3 ½ inches above substrate, K. 16 for snakes striking subsection a, b and c and creating a new subsection a requiring 30% of the floor space in the enclosure to be left open for the snake to move, feed, water, defecate, thermoregulate and requires a perch for arboreal snakes.
Changes to Section 13.00 Cleaning and Sanitation include: a new paragraph A. defining the methods of sanitation, adding wording to paragraph B. to better define the two step process of cleaning then sanitizing.
Changes to Section 14.00 Classification and Separation include; paragraph J. to make the Rule more clear adding with the following exceptions, J. 2 and 5 added the words commingled in common areas to address the intent of commingle animals in common areas for exercise and not in primary enclosures where animals eat and sleep.
Changes to Section 18.00 Special Requirements include; a new paragraph J to address groomers leaving untethered dogs or cats unsupervised on a raised surface, paragraph S. adding muzzles to the list of behavioral devices that require supervision while in use.
Changes to Section 19.00 recordkeeping include; paragraph C. adding that the licensee must record the weight at time of transfer for kittens under 12 weeks of age, paragraph F. 1 Zoonosis adding to the public relaxing the Rule that transfers of psittacine birds between licensed facilities requires a psittacine bird sales record, F. 2 changed the wording prescribed to approved, F. 3 allowing licensed facilities to use their own forms with places for adopters or customers to initial that they have received the rabies or salmonella educational documents instead of requiring a register, paragraph G. revises the language to allow for additional identification for psittacine birds and revises the language to allow for photo identification for birds that can't be banded, paragraph K. requires licensed facilities to have a written agreement with their foster homes and requires a statement on the agreement acknowledging that the foster home is in compliance with local zoning and animal control codes.
Changes to Section 20.00 include; paragraph I. adding that facilities may request an exemption from removing dogs from a vehicle every 6 hours during transportation if the facility has no disciplinary matters pending.
STATUTORY AUTHORITY:
The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at §§ 35-80-109(2)(a) and (b), C.R.S.
PURPOSE:
The purpose of this rulemaking is to provide a new definition to aid with clarity; and revise enclosure requirements for puppies, and kittens.
Specific changes include: add definition for "Sink"; striking "and rescue" under the licensing requirements for facilities under Part 2.6.2; changing the threshold number under Part 2.6.6 for the sheltering of mice, rats and gerbils from 100 to 200 to be consistent with the threshold for mice and rat breeders; remove "Pet Handler" and adding the word "Facility" to the Reptile/Amphibian Breeder to make it consistent with the other breeders listed in annual reports; change the age from 16 weeks to 22 weeks in 12.1.6, 12.1.7, 12.2.8, 12.2.10 and 12.2.11 as facilities are housing these animals for longer periods of time; make revisions to the square footage requirements for the puppy and kitten charts to allow for more square footage for longer periods of time; revise the guinea pig and ferret charts to reflect more square inches for larger animals and more square feet for ferrets of certain ages that occupy the same enclosure; increase the age from 4 months to 22 weeks thereby increasing the age where puppies, kittens, and rabbits can be housed in the same enclosure with adults in 14.7; allow facilities to request an exemption for direct supervision of dogs in pools provided the facility demonstrate provisions to provide for the safety and well-being of any dog using smaller pools without supervision; change recordkeeping requirements by deleting the words "each animal" and specifically listing dogs, cats, rabbits, guinea pigs and hamsters in 19.3 to create consistency with 19.2 and the statute; and remove the phone number from the disclosure requirement in 19.9.5.1 to provide breeder information. Other changes include spelling, grammatical, nonsubstantive changes; updating the numbering system to be consistent with other Department Rules; and update internal citations to reflect new Rules.
Factual Policy and Issues:
The Reviewers removed the transfer and housing thresholds for animal rescues. The Reviewers made this change to the Rule to address a growing number of animal rescue groups that are using web-based mechanisms to move undisclosed numbers of animals around, while operating as an "animal rescue" without a license. With a growing number of unlicensed rescue groups in Colorado, the Reviewers determined that too many dogs and cats were passing through these rescue facilities where PACFA was not able to ensure that minimum standards of animal care may be ensured.
The Reviewers introduced an exemption to the requirement for direct supervision in conjunction with the use of pools at pet animal care facilities. This addition would allow the Commissioner to grant exemptions of specific rules provided the licensee who applies for the exemption is able to demonstrate provisions to provide for the safety and well-being of the animals should the Commissioner grant the requested exemption.
Enclosure sizes were revised and increased at the request of the pet retail/wholesale industry for puppies kittens and ferrets based on the age of the animals, revising the language from 4 months to 22 weeks and increasing the space for animals held for longer periods of time due to more facilities having to house animals for longer periods of time.
Two record keeping changes were made to the disclosure requirements, one to revise the list of animals that require a date of birth for disposition records and the other regarding facilities to provide the phone number of the breeder. The Reviewers felt that providing the phone number could open breeders up for harassment
STATUTORY AUTHORITY:
The commissioner of agriculture adopts these rules pursuant to § 35-80-109(1) and (2), c.r.s.
PURPOSE:
The purpose of this rulemaking is to effect the changes from the 2018 Sunset Report and Senate Bill 19-158, including: changes to pet animal sterilization requirements; the addition of disciplinary actions related to convictions for violations of local, state or federal laws involving animal theft, importation, capture, cruelty, neglect or abuse in any jurisdiction; and the extension of a two-year period of ineligibility to all parties with substantial control over the daily operations of an entity. This rulemaking also adds new definitions, revises fees for all license categories, clarifies and adds requirements for small mammal and reptile enclosures, and updates reporting and recordkeeping requirements.
Factual Policy and Issues:
The changes from the 2018 Sunset Report and Senate Bill 19-158 simplify animal sterilization requirements and ensure licensees are compliant with all areas of law that affect animal welfare. The new sterilization requirements eliminate the option to re-home a dog or cat without sterilization by making a deposit and signing an agreement to have the animal sterilized in the future; this ensures dogs and cats are safely sterilized before they are re-homed. The addition of disciplinary actions related to convictions of local laws and specific animal-related laws ensures PACFA licensees are compliant with all animal welfare laws.
Additionally, the reviewers added new definitions, including a new license category for commercial pet animal facilities, and separate definitions for retail and wholesale facilities. A new category of commercial pet animal facility was added at the request of stakeholders to better represent exhibition, recreation and sporting businesses like hunt clubs and sled dog facilities that do not breed animals as part of their business model. A separate wholesale license category was added for hobby and other breeders that sell to retail establishments in an effort to improve the health and welfare of animals placed in commerce.
The reviewers also added a definition of 'direct supervision' to clarify that licensees must have staff members physically present in the same space as the animals being supervised to provide for animal safety and welfare; supervision from another location via a window or recording equipment is not sufficient.
Enclosure requirements were revised to better reflect industry standards for housing lizards, hedgehogs, chinchillas and sugar gliders. Additionally, weekly reporting requirements were added to aid inspectors in ensuring that enclosures for reptiles and fish are maintained properly for the health, safety and welfare of the animals.
Recordkeeping requirements were also revised to ensure accountability and document animal welfare. Licensees must now keep and maintain disposition records for herptiles, and facilities that use foster care providers must keep and maintain a foster agreement, that includes disclosure of disease, injury or other abnormality, before any animal is transferred to the care of a foster provider. These changes will limit the transmission of disease and improve traceability of disease. Additionally, any animals transferred from out of state must meet all import requirements of the Colorado State Veterinarian.
After the rulemaking hearing sugar gliders were added to the small animal enclosure requirement to provide security shelters; and non-pharmaceutical drugs and supplements were added to the list of items used to calm animals that require a prescription from a veterinarian prior to being administered in boarding/training facilities.
STATUTORY AUTHORITY:
The Commissioner of Agriculture adopts these rules pursuant to § 35-80-109(1) and (2), C.R.S. and § 24-4-103(6), C.R.S.
PURPOSE:
This is a temporary emergency rule exemption to 19.11.2 intended to enable an emergency response to the outbreak of the COVID-19 virus. More specifically, this rulemaking will permit approved facilities to transfer pet animals to a foster care provider without first conducting a home inspection.
Factual Policy and Issues:
This temporary emergency rule will allow approved facilities to transfer pet animals quickly and to more homes than otherwise possible while also taking necessary protective measures against the COVID-19 virus. The outbreak of the COVID-19 virus has resulted in both an increase in pet animals being transferred to shelters, sanctuaries and rescues, and a shortage of facility staff to care for those animals. This exemption allows use of foster care homes without requiring staff to risk exposure or transmission of the virus, and is necessary for the preservation of public health, safety and welfare. This rulemaking does not comply with the requirements of section 24-4-103, C.R.S., because compliance at this time is contrary to public interest; immediate adoption is imperatively necessary for the preservation of public health, safety and welfare.
STATUTORY AUTHORITY:
The Commissioner of Agriculture adopts this rule pursuant to § 35-80-109(1) and (2), C.R.S. and § 24-4-103(6), C.R.S.
PURPOSE:
This is a temporary emergency rule re-promulgating 19.11.2 , which expired on July 19, 2020 with the March 21, 2020 emergency rule exemption.
Factual Policy and Issues:
On March 21, 2020, the Commissioner adopted an emergency rule exemption to Rule 19.11.2 , which permitted approved facilities to transfer pet animals to a foster care provider without first conducting a home inspection. This emergency exemption expired on July 19, 2020 and resulted in the removal of the entire rule 19.11.2, not just the emergency exemption. This rulemaking will reinstate the original rule 19.11.2., which is imperatively necessary for the preservation of public, health, safety and welfare.
This rulemaking does not comply with the requirements of section 24-4-103, C.R.S., because compliance at this time is contrary to public interest; immediate adoption is imperatively necessary for the preservation of public health, safety and welfare.
STATUTORY AUTHORITY:
The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at § 35-80-109(2)(a) and (b), C.R.S.
PURPOSE:
The purpose of this rulemaking is to make permanent the emergency rule, Part 19.11.2, adopted on August 12, 2020.This rule requires inspections and recordkeeping of foster homes before any animals are fostered at the location. This rulemaking clarifies that such inspections must be conducted in person, unless a temporary limited exemption is granted, at the sole discretion of the Commissioner. The purpose of this rule is to ensure that any animals housed in foster homes are placed in safe and appropriate environments before they are transferred, and to ensure the animals can be accounted for and traced once they have been placed. Part 19.11.2 is a long-standing rule that expired with an emergency rule on July 19, 2020; this rulemaking simply reinstates the original rule and provides an on-going option for an exemption should the Commissioner deem that one is necessary.
STATUTORY AUTHORITY:
The Commissioner of Agriculture adopts these rules pursuant to § 35-80-109(2), C.R.S.
PURPOSE:
The Purpose of the rulemaking is to add qualifying and continuing education as an additional requirement for licensure found in subsection 2.5.
Factual Policy and Issues:
Many regulated professions that serve the general public require a level of qualifying and continuing education as a condition to licensure. Educational requirements for licensed professionals maintain a basic level of competency and establish consistent standards within the profession. Under Title 35, Article 80 of the Colorado Revised Statutes, the Commissioner has the authority to establish qualifications of any applicant for licensure and the ability to issue and renew any license based on established requirements. By incorporating qualifying and continuing education, licensees will have a better understanding of the regulatory requirements, industry standards, and best practices related to animal care; thereby, increasing compliance and improving the health and safety of pet animals throughout the state. The education courses will be required to be completed by the applicant who applies for a new license or to renew an existing license. However, facility staff may voluntarily take the courses at their own discretion.
STATUTORY AUTHORITY:
The Commissioner of Agriculture adopts these rules pursuant to § 35-80-109(2), C.R.S.
PURPOSE:
The purpose of this rulemaking is to effect the changes from House Bill 21-1102, which implements disclosure requirements for retail pet animal dealerships (pet stores) that sell dogs and/or cats.
Factual Policy and Issues:
House Bill 21-1102 requires retail pet animal dealerships (pet stores) to disclose specific information to prospective purchasers of dogs and cats, on any advertisements or social media posts. Reviewers added that disclosures required on the enclosure would be required to be on at least media that is 3 inches by 5 inches and in at least 11-point font.
Additionally, House Bill 21-1102 requires retail pet animal dealerships (pet stores) to disclose to a prospective purchaser in writing, prior to the sale of a dog or cat, information about the purchase price and any financing offered; and any applicable federal or state license numbers and violations the breeder, broker, or transporter received in the previous two years on a federal or state inspection report that is publicly available.
Reviewers added additional requirements to the rule which require all facilities that adopt or sell pet animals to include a statement on the adoption or sales agreement that the facility is regulated by the Colorado Department of Agriculture's Pet Animal Care and Facilities Act (PACFA) Program.
Notes
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