2 CSR 30-9.020 - Animal Care Facility Rules Governing Licensing, Fees, Reports, Record Keeping, Veterinary Care, Identification, and Holding Period
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material, which is incorporated by reference as a portion of this rule, would be unduly cumbersome or expensive. Therefore, the material, which is so incorporated, is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency's headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material. The publication for AVMA Guidelines for the Euthanasia of Animals: 2013 Edition can be accessed at http://www.avma.org.
(1) Application for License and Conditions of
Issuing.
(A) Any person or organization
operating an animal shelter, boarding kennel, commercial kennel, contract
kennel, pet shop, pound or dog pound, or acting as a dealer, commercial
breeder, intermediate handler or exhibitor in Missouri, must have a valid
license issued by the director in accordance with the Animal Care Facilities
Act (ACFA).
(B) Any person seeking
a license under the provisions of the ACFA shall-
1. Apply on a form furnished by the
director;
2. Be at least eighteen
(18) years of age;
3. Provide all
information requested on the application form, including a valid mailing
address through which the licensee or applicant can always be reached and a
valid premises address where animals, animal facilities, equipment, and records
shall be inspected for compliance;
4. File the completed application form with
the director;
5. Submit the
appropriate fee as calculated in section (2) of this rule; and
6. Obtain a separate license for each
separate physical facility requiring a license according to the ACFA.
(C) The following persons are
exempt from the licensing fees and inspection requirements:
1. Persons engaged in breeding dogs and cats
who harbor three (3) or less intact females; and
2. Registered hobby and show breeders, with
proof of show.
(D) Pounds
or dog pounds are exempt from the licensing fees but must meet all other
standards in 2 CSR 30-9 and will be inspected at least annually.
(E) Any person exempt from the licensing
requirements may voluntarily apply for a license, but shall comply with all
rules and standards of the ACFA. A voluntary license may be surrendered at any
time the licensee so desires.
(F)
The director may refuse to issue or renew or may revoke or suspend a license on
any one (1) or more of the following grounds:
1. Material and deliberate misstatement on
the application for any original license or for any renewal license;
2. Conviction of any violation of any state
or federal law on the disposition or treatment of animals;
3. The failure of any person to comply with
any provision of the ACFA, or any of the provisions of the standards in 2 CSR
30-9; or
4. The refusal to allow
the inspector free and unrestricted access to inspect any ACFA required
records, or any animal, premises, facility, area, equipment, or
vehicle.
(G) An applicant
whose check is returned by the bank will be charged a fee of fifteen dollars
($15) for each returned check. An applicant shall not receive a license until
payment has cleared normal banking procedures. A delay of up to thirty (30)
days or more may be expected if a personal check is used for payment of
fees.
(H) Operation of an animal
shelter, boarding kennel, commercial kennel, contract kennel, pet shop, pound
or dog pound, or activity as a commercial breeder, dealer, intermediate
handler, or exhibitor (other than a limited show or exhibit) without a valid
license is a class A misdemeanor.
(I) All premises licensed under the ACFA
shall be inspected at least once each year, or upon a complaint to the
department about a particular facility. The validity of the complaint will be
determined by the state veterinarian.
(J) All licensees or applicants for a license
or license renewal must make his/her facilities, animals, premises, and records
available for inspection during business hours or at other times mutually
agreeable, in writing, to the applicant and the animal welfare official
designated by the state veterinarian. If the licensee's or applicant's
facilities, animals, premises, procedures, or records do not meet the
requirements in 2 CSR 30-9.020 through
2 CSR
30-9.030, the applicant will be advised in writing of
existing deficiencies and the corrective measures that must be completed in a
timely manner to be in compliance with the standards. Persons or facilities
which subsequently fail two (2) consecutive reinspections for an original
violation shall be charged a fee of one hundred dollars ($100), which shall be
paid before subsequent inspections will be made or the renewal of that person's
or facility's license.
(K) The
Department of Agriculture shall not retain, contract with, or otherwise utilize
the services of the personnel of any nonprofit organization for the purpose of
inspection or licensing of any animal shelter, pound or dog pound, boarding
kennel, commercial kennel, contract kennel, commercial breeder, hobby or show
breeder, or pet shop under sections
273.325 to
273.357, RSMo.
(L) A licensee or applicant for a license
shall not interfere with, threaten, abuse (including verbal abuse), or harass
any inspector or state or federal official while carrying out his/her
duties.
(M) A license shall be
issued to specific persons for specific premises, facilities, and operations
and does not transfer upon change of ownership, nor is it valid at a different
location. Otherwise, a license issued under 2 CSR 30-9 shall be valid and
effective unless-
1. The license has been
revoked or suspended pursuant to section
273.329, RSMo;
2. The license is voluntarily terminated by
the written request of the licensee to the director;
3. The license has expired or has otherwise
been terminated under
2 CSR
30-9.020; or
4. The applicant did not pay the license fee
as required.
(N) There
will be no refund of fees if a license is terminated for any reason before its
expiration.
(O) Licensees must
accept delivery of registered mail or certified mail notice and provide the
director notice of any change of address.
(P) All licenses will expire on January 31
each year and will automatically terminate at midnight on that date unless the
properly completed application with the appropriate fee has been received by
the director. A person whose license has been automatically terminated shall
not conduct any activity unless a valid license has been duly issued.
(Q) A license which is suspended or revoked
under 2 CSR 30-9 shall be surrendered to the director. If the license cannot be
found, the licensee shall provide a written statement so stating to the
director.
(R) Contested cases and
other matters involving licensees and the director, or his designee, may be
informally resolved by consent agreement, settlement, stipulation, consent
order, or default.
(S) Whenever the
state veterinarian or a state animal welfare official finds past violations of
sections 273.325 to
273.357, RSMo, have occurred and
have not been corrected or addressed, including operating without a valid
license under section
273.327, RSMo, the director may
request the attorney general or the county prosecuting attorney or circuit
attorney to bring an action in circuit court in the county where the violations
have occurred for a temporary restraining order, preliminary injunction,
permanent injunction, or a remedial order enforceable in a circuit court to
correct such violations and, in addition, the court may assess a civil penalty
in an amount not to exceed one thousand dollars ($1,000) for each violation.
Each violation shall constitute a separate offense.
(T) A person commits the crime of canine
cruelty if such person repeatedly violates sections
273.325 to
273.357, RSMo, so as to pose a
substantial risk to the health and welfare of animals in such person's custody
or knowingly violates an agreed-to remedial order involving the safety and
welfare of animals under this section. The crime of canine cruelty is a class C
misdemeanor, unless the person has previously pled guilty or nolo
contendere to or been found guilty of a violation of this subsection,
in which case, each such violation is a class A misdemeanor.
1. The attorney general or the county
prosecuting attorney or circuit attorney may bring an action under sections
273.325 to
273.357, RSMo, in circuit court
in the county where the crime has occurred for criminal punishment.
2. No action under this section shall prevent
or preclude action taken under section
578.012, RSMo, or under
subsection 3 of section
273.329,
RSMo.
(2)
License Fees.
(A) In addition to the
application for a license or license renewal, each person shall submit to the
director the annual license fee prescribed in this section and calculated upon
the previous year's business-
1. Animal
shelter-One hundred dollars ($100), plus the annual animal shelter per capita
fee for every animal sold, traded, bartered, brokered, adopted out, or given
away, up to a maximum of two thousand five hundred dollars ($2,500);
2. Pound/dog pound-No fee, but must meet the
standards in 2 CSR 30-9;
3.
Commercial kennel-One hundred dollars ($100), plus the annual commercial kennel
per capita fee for each board day, up to a maximum of two thousand five hundred
dollars ($2,500);
4. Boarding
kennel-One hundred dollars ($100), plus the annual boarding kennel per capita
fee for each board day, up to a maximum of two thousand five hundred dollars
($2,500);
5. Commercial breeder-One
hundred dollars ($100), plus the annual commercial breeder per capita fee for
every animal sold, traded, bartered, brokered, or given away, up to a maximum
of two thousand five hundred dollars ($2,500);
6. Contract kennel-One hundred dollars
($100), plus the annual contract kennel per capita fee for every animal sold,
traded, bartered, brokered, adopted out, or given away, up to a maximum of two
thousand five hundred dollars ($2,500);
7. Dealer (also auction sale operator or
broker)-One hundred dollars ($100), plus the annual dealer per capita fee for
every animal sold, traded, bartered, brokered, or given away, up to a maximum
of two thousand five hundred dollars ($2,500);
8. Pet shop-One hundred dollars ($100), plus
the annual pet shop per capita fee for every animal sold, traded, bartered,
brokered, or given away, up to a maximum of two thousand five hundred dollars
($2,500);
9. Intermediate
handler-One hundred dollars ($100), plus a per capita fee for each board day
and each animal purchased or brokered and transported up to a maximum of two
thousand five hundred dollars ($2,500). Animals which are transported only will
be considered as carrier-transported and not subject to a per capita fee;
and
10. Hobby or show
breeder-Exempt from fees and inspection requirements, provided that such
breeder qualifies annually for the purpose of establishing status for
registration.
(B) Per
Capita Fees.
1. Per capita fees assessed for
previous year's sales are one dollar ($1.00) for every animal sold, traded,
bartered, brokered, adopted out, or given away.
2. Per capita fees assessed for previous
year's services are ten cents ($.10) for every board day.
(C) An initial application fee is one hundred
dollars ($100). The renewal application fee is based upon the calculations
stated previously in this section.
(D) Operation Bark Alert. Each licensee
subject to sections 273.325 to
273.357, RSMo, shall pay an
additional annual fee of twenty-five dollars ($25) to be used by the Department
of Agriculture for the purpose of administering Operation Bark Alert or any
successor program.
(3)
Annual Report by Licensee.
(A) Each year, the
licensee shall renew their license on forms furnished by the state
veterinarian.
(B) Each year, the
licensee shall submit the total number of animals sold, traded, bartered,
brokered, adopted out, given away, or boarded during the previous year, January
through December, and any other information required on the form.
(4) Acknowledgment of Rules and
Standards. The director will supply a copy of the ACFA and the rules and
standards upon request of any prospective applicant or licensee.
(5) Notification of Change in Business
Licensed. Any change in the name, address, management, substantial control and
ownership of the business or operation, or of additional sites, shall be
provided to the state veterinarian within ten (10) days of the
change.
(6) Activity by
Persons/Facilities Whose Licenses Have Been Suspended or Revoked.
(A) Any person who has been an officer,
agent, direct family member, or employee of a licensee whose license has been
suspended or revoked and who was responsible for, or participated in, the
violation upon which the license was suspended or revoked will not be licensed
within the same period during which the suspension or revocation is in
effect.
(B) Any facility involved
in an order of suspension or revocation shall-
1. Not be used for licensed activity;
and
2. Not be licensed under
his/her name, or in any other manner within the period during which the
suspension or revocation is in effect.
3. Not buy, sell, trade, barter, broker,
transport, board, exhibit, or deliver for transportation any animal during the
period of license suspension or revocation.
(C) Any person whose license has been
suspended or revoked may apply in writing to the director for reinstatement of
his/her license.
(7)
Denial of Initial License Application.
(A) A
license will not be issued to any applicant who-
1. Is not in total compliance with the rules
and the standards set forth in 2 CSR 30-9, including the payment of fees;
A. An initial applicant for license will be
allowed a maximum of three (3) inspections and a period of up to ninety (90)
days from the date of the first inspection in which to attain total compliance
with the rules and standards prior to denial of license. Failure of these
inspections would not subject an initial applicant to the one hundred dollar
($100)-penalty fee for failed inspections. However, initial license fee will
not be returned and subsequent applications must be accompanied with another
initial license fee; and
B. Persons
denied a license under subparagraph (7) (A)1.A. may reapply after six (6)
months from the date of the last failed inspection.
2. Has had a license revoked or is currently
under suspension;
3. Has been
fined, sentenced to jail, or pled no contest under state or local animal
cruelty laws within one (1) year of application, except that if no penalty is
imposed as a result of a no contest plea, the applicant may reapply
immediately; or
4. Has made any
false or fraudulent statements or provided any false or fraudulent records to
the department.
(B) Any
applicant whose initial license has been denied may request an administrative
hearing in accordance with Chapter 536, RSMo, for the purpose of showing why
the application should not be denied. If the license denial is upheld, the
applicant may reapply for license one (1) year from the date of the denial. No
partnership, firm, corporation, or other legal entity in which a person whose
license application has been denied has a substantial interest, financial or
otherwise, will be licensed within one (1) year of denial.
(8) Attending Veterinarian and Adequate
Veterinary Care.
(A) Each licensee shall have
an attending veterinarian who shall provide adequate veterinary care to animals
covered under the rules in
2 CSR
30-9.020 through
2 CSR
30-9.030;
1. Each
licensee shall employ an attending veterinarian under formal arrangements. In
the case of a part-time attending veterinarian or consultant arrangements, the
formal arrangements shall include a written program of veterinary care and
regularly scheduled visits to the premises of the licensee. Boarding kennels in
large metropolitan areas, where twenty-four (24) hour emergency veterinary
clinics are in operation, and rotation of veterinary practitioners is essential
for good will and referral services, may be exempted from the requirement of a
formal arrangement if approved by the state veterinarian. This exemption must
be requested in writing and will be approved only on an individual
basis.
2. Each licensee shall
assure that the attending veterinarian has appropriate authority to ensure the
provision of adequate veterinary care and to oversee the adequacy of other
aspects of animal care and use.
(B) Each licensee shall establish and
maintain programs of adequate veterinary care that include:
1. The availability of appropriate
facilities, personnel, equipment, and services to comply with the provisions in
2 CSR
30-9.020 through
2 CSR
30-9.030;
2. The use of appropriate methods to prevent,
control, diagnose, and treat diseases and injuries, and the availability of
emergency, weekend, and holiday care;
3. Individual health records shall be
maintained on all animals above the age of eight (8) weeks or that have been
weaned or that have been treated with a medical procedure, whichever occurs
first. Litter health records may be kept on litters when littermates are
treated with the same medication or procedure. Health records (or a copy) may
accompany all animals upon the transfer of ownership;
4. Daily observation of all animals to assess
their health and well-being. Provided, however, that daily observation of
animals may be accomplished by someone other than the attending veterinarian;
and provided further, that problems of animal health, behavior, and well-being
is conveyed to the attending veterinarian in a timely manner;
5. Adequate training and guidance to
personnel involved in the care and use of animals. The employer must be certain
his/her employees can perform at the level required by these rules;
and
6. Adequate pre-procedural and
post-procedural care in accordance with established veterinary medical and
nursing procedures.
(C)
Each licensee subject to the provisions of section
273.345, RSMo, shall establish
and maintain programs of veterinary care that include:
1. Examination as defined in
2 CSR
30-9.010(2)(Y) at least once yearly
by a licensed veterinarian, and upon detection of any affliction, a
comprehensive examination, diagnosis, and appropriate treatment. Provided
however, at the discretion of the attending veterinarian, any subsequent
treatment may be carried out by somebody other than the attending veterinarian.
An individual health examination shall be prescribed, conducted, and recorded
on forms furnished by the state veterinarian;
2. Consultation on sound breeding practices,
including a written and signed recommendation on reproductive health for
individual female covered dogs that accounts for species, age, and health of
the breeding dogs under care of the licensee. An individual recommendation
shall be recorded on forms furnished by the state veterinarian;
3. Animal health and husbandry. Review of
disease prevention techniques, vaccination protocols, parasite protocols, pest
control, nutrition, euthanasia, and guidance on preventative care. Approval of
these practices must be certified by the attending veterinarian and included
with the written program of veterinary care; and
4. Approval of an exercise plan developed in
accordance with regulations regarding exercise prescribed in these rules and
where such plan affords the dog maximum opportunity for outdoor exercise as
weather permits.
(D) Each
licensee subject to the provisions of section
273.345, RSMo, shall ensure that
animals with serious illness or injury as defined in
2 CSR
30-9.010(2)(UU) receive prompt
treatment by a licensed veterinarian.
(E) If the state veterinarian or his/her
designee finds that an animal or group of animals is suffering from a
contagious, communicable, or infectious disease or exposure to a disease, a
quarantine to the premises may be issued until the animals meet the provisions
for release as established by the state veterinarian.
(F) Animals with obvious signs of disease or
injury shall not be sold or shipped (except on the advice of the attending
veterinarian and with the knowledge and consent of the purchaser), abandoned,
or disposed of in an inhumane manner.
(9) Identification of Animals.
(A) All licensees with a United States
Department of Agriculture (USDA) license shall identify their animals as
prescribed in the USDA regulations.
(B) All licensees without a USDA license
shall identify all dogs and cats held on the premises, purchased, boarded,
sheltered, or otherwise acquired, sold, released, given away, or otherwise
disposed of or removed from the premises for any reason to or through any
person, by one (1) or more of the appropriate methods as follows:
1. By an official tag of the type described
in this section affixed to the animal's neck by means of a collar made of a
material generally considered acceptable to pet owners. In general, well
fitting collars made of plastic or leather will be acceptable. The use of
certain types of chains presently used by some dealers may also be acceptable
if sharp edges cannot be felt which may reasonably be expected to cause
discomfort to the animal. The use of materials such as wire, elastic, or any
other material which may seem to cause discomfort to the animal shall not be
used;
2. A distinctive and legible
tattoo marking;
3. Puppies or
kittens, less than sixteen (16) weeks of age, may be identified by a plastic
type collar acceptable to the director which has the information legibly placed
on the collar pursuant to this section;
4. Animal shelters, contract kennels, pounds
or dog pounds may use distinctive cage cards. Cage cards, if used, must be
sequentially numbered, used in sequential order and placed in an area which
will prevent animals, water, or cleaning solutions from contacting them or
damaging the cards. If cage cards cannot be protected, or if licensee fails to
provide proper protection, all animals in his/her facility must be identified
by a more permanent method as described in paragraph (9)(B)1. Each cage card
must fully and completely describe the animal to which it is assigned including
breed (or an estimate of predominant breed and cross, and the like), size, date
of birth or approximate age, sex, color and markings, and any other distinctive
feature or marking;
5. Boarding
kennels and commercial kennels may use distinctive cage cards. Boarding kennels
and commercial kennels may use any abbreviated form of information on the cage
cards that meets the needs of their business if all of the information listed
in this paragraph is immediately available to the animal caretaker and
inspector. Cage cards, if used, must:
A. Be
placed in an area which will prevent animals, water, or cleaning solutions from
contacting or damaging the cards;
B. Provide a brief description of the animal
including name, breed, sex, color, and distinctive markings; and
C. Specify any medications with directions
for administering, any special needs or instructions, and emergency
instructions stating veterinarian of choice and telephone number; and
6. Pet shops may use distinctive
cage cards. Cage cards, if used as the primary identification, must be-
A. Sequentially numbered and used in
sequential order;
B. Placed in an
area which will prevent animals, water, or cleaning solutions from contacting
them or damaging the cards; and
C.
Provided with enough information to assure proper identification of all animals
in the enclosure and may include information such as a brief description of the
animal including breed, sex, date of birth or approximate age, color, and
distinctive markings.
(C) All animals shall be officially
identified at the time of acquisition, or in the case of puppies or kittens,
when weaned or separated from their mother or foster mother. When any licensee
has made a reasonable effort to affix an official tag to a cat, as set forth in
this section, and has been unable to do so, or when the cat exhibits serious
distress from the attachment of the collar and tag, the licensee shall attach
the collar and tag to the door of the primary enclosure containing the cat and
take measures to maintain the identity of the cat in relation to the tag. Each
primary enclosure shall contain no more than one (1) weaned cat without an
affixed collar and official tag, unless the cats are identified by a
distinctive and legible tattoo or plastictype collar approved by the
director.
(D) If an animal is
already identified by an official tag or tattoo which has been applied by
another licensed entity under USDA or ACFA, the acquiring licensee may continue
identifying the animal by the previous identification number, or may replace
the previous tag with his/her own official tag or tattoo, in which case, only
the new identification number shall be used for all subsequent sales or
transactions. In either case, the licensee shall correctly list all old and new
numbers or tattoos in his/her records.
(E) Tags must be sequentially numbered, used
in sequential order, and must be referenced to a record(s) which completely and
accurately identify the source of the animal and any number used by that source
to identify the animal, all medical treatments or procedures, and disposition
of the animal. A record of the number used to identify the animal shall
accompany the animal at disposition.
(F) No licensee shall use the same
identification tag or cage card number for a period of at least five (5)
years.
(G) Each official tag shall
have the following information embossed or stamped on one (1) side that is
easily readable:
1. The information
identifying the licensee or facility, for example, AC123456; and
2. The information identifying the animal,
for example, 0006.
(H)
Licensees must obtain the official tags or cage cards at their own
expense.
(I) Each licensee shall be
held accountable for all official tags acquired. In the event an official tag
is lost from an animal while in the possession of the licensee, the licensee
will make every diligent effort to locate and reapply the tag to the proper
animal. If the lost tag is not located, the licensee shall affix another
official tag to the animal and record both the old and new tag numbers on the
official records. Only the new number will be used on subsequent
transactions.
(10)
Records.
(A) Records for Commercial Breeders,
Dealers, Exhibitors, Intermediate Handlers, and Voluntary Licensees.
1. Each commercial breeder, dealer (other
than operators of auction sales and brokers to whom animals are consigned),
intermediate handlers, exhibitors, and voluntary licensees shall make, keep,
and maintain records or forms which fully and correctly disclose the following
information concerning each dog or cat purchased or otherwise acquired, owned,
held, or otherwise in his/her possession or control which is transported,
euthanized, sold, or otherwise disposed of by that licensee. These records
shall include any offspring born of any animal while in his/her possession or
under his/her control:
A. The name and
complete mailing address of the person from whom a dog or cat was purchased or
otherwise received or acquired whether or not the person is required to be
licensed or registered under this Act;
B. The USDA and the ACFA license or
registration number of the person if s/he is licensed or registered under the
Acts. Both USDA and ACFA numbers are required if seller is licensed or
registered under both Acts;
C. The
vehicle license number and the state, or the driver's license number and state
if s/he is not licensed or registered under either of the Acts;
D. The name and complete mailing address of
the person to whom a dog or cat was sold, given, or delivered, and that
person's license or registration number(s) if s/he is licensed or registered
under the Acts;
E. The date a dog
or cat was acquired or disposed of, or both, and the method of disposition,
including by death or euthanasia;
F. The official USDA or ACFA tag number or
tattoo assigned to a dog or cat;
G.
A description of each dog or cat which shall include:
(I) The species and breed or type;
(II) The sex;
(III) The date of birth or approximate age;
and
(IV) The color and any
distinctive markings;
H.
The method of transportation including the name of the initial carrier or
intermediate handler or, if a privately owned vehicle is used to transport a
dog or cat, the name of the owner of the privately owned vehicle;
I. Records of Dogs and Cats on hand (APHIS
Form 7005 or similar form may be used) and Records of Disposition of Dogs or
Cats (APHIS Form 7006 or similar form may be used) shall be maintained by
commercial breeders, dealers, exhibitors, and voluntary licensees;
J. State approved forms may be used by
dealers and exhibitors to make, keep, and maintain the information required by
subsection (11)(A) of this rule; and
K. One (1) copy of the record containing the
information required by this section shall accompany each shipment of any dog
or cat purchased or otherwise acquired by a commercial breeder, dealer, or
exhibitor. One (1) copy of the record containing the information required by
this section shall accompany each shipment of any dog or cat sold or otherwise
disposed of by a commercial breeder, dealer, or exhibitor. One (1) copy of the
record shall be retained by the commercial breeder, dealer, or
exhibitor.
2. Individual
medical records shall be maintained on all animals bought, raised, or otherwise
obtained, held, kept, maintained, sold, donated, or otherwise disposed of,
including by death or euthanasia, which shall specify all treatments and
medications given and all procedures performed on the animal, to include
reasons for or the condition requiring the treatment, medication, or procedure,
and the results of the treatment, medication, or procedure will be included in
this record. Litter health records may be kept on litters when all littermates
are treated with the same medication or procedure. Medical records (or a copy)
may accompany the animal when sold.
3. All records shall be maintained for a
period of one (1) year, unless the director requests in writing that they be
maintained for a longer period, for the purpose of investigation.
(B) Records of Operators of
Auction Sales and Brokers.
1. Every broker or
operator of an auction sale shall make, keep, and maintain records or forms
which fully and correctly disclose the following information concerning each
animal sold, whether or not a fee or commission is charged:
A. The name and complete mailing address of
the person who owned or consigned the animal(s) for sale;
B. The name and complete mailing address of
the buyer or consignee who received the animal;
C. The USDA and ACFA license or registration
number of the person(s) selling, consigning, buying, or receiving the animals
if s/he is licensed or registered under the Acts;
D. The vehicle license number and state or
the driver's license number and state of the person, if s/he is not licensed or
registered under the Acts;
E. The
date of the consignment;
F. The
official USDA or ACFA tag number assigned to the animal(s) under this
rule;
G. A description of the
animal(s) which shall include:
(I) The species
and breed or type;
(II) The sex of
the animal;
(III) The date of birth
or approximate age; and
(IV) The
color and any distinctive markings;
H. The auction sales number or records number
assigned to the animal; and
I. The
name, mailing address, any USDA/ACFA license number of all people registering
at the auction to buy animals.
2. One (1) copy of the record shall be given
to the consignor of each animal, one (1) copy of the record shall be given to
the purchaser of each animal, and one (1) copy of the record shall be retained
by the broker or operator of the auction sale for each animal sold.
3. All records shall be maintained for a
period of one (1) year, unless the director requests in writing that they be
maintained for a longer period, for the purpose of investigation.
(C) Records for Boarding Kennels
and Commercial Kennels.
1. Every operator of a
boarding kennel or commercial kennel shall make, keep, and maintain records or
forms which fully and correctly disclose the following information concerning
each animal boarded, or otherwise kept or maintained, sold, given, or otherwise
disposed of:
A. Name, address, and phone
number of pet owner;
B. Emergency
contact number;
C. Animal's name,
age, sex, and breed;
D. Vaccination
information, with official rabies;
E. Preexisting physical problems;
F. Medication information and
instructions;
G. Veterinarian of
choice;
H. Special feeding
instructions, if needed;
I. Special
boarding instructions, if needed;
J. Any additional services to be
performed;
K. Date animal received;
and
L. Date animal
released.
2. Animal cage
card must be attached to the primary enclosure of every animal being boarded,
kept, or maintained.
3. The record
of daily health observations, medications, and treatments given and exercise
periods shall be maintained.
4. The
name and complete mailing address of the person to whom the animal was sold or
given, and the USDA or ACFA license numbers, or both, if that person was
licensed under the Acts.
5. A copy
of the health certificate for each animal shipped interstate.
6. All records shall be maintained for a
period of sixty (60) days except on those animals on which a complaint was made
by the owner or if some other problem occurred during boarding, those records
shall be kept for one (1) year, unless the director requests in writing that
they be maintained for a longer period, for the purpose of
investigation.
(D)
Records for Animal Shelters, Contract Kennels, and Pounds or Dog Pounds.
1. Every operator of an animal shelter,
contract kennel, pound, or dog pound shall make, keep, and maintain records or
forms which fully and correctly disclose the following information concerning
each animal boarded, housed, retained, or otherwise kept or maintained,
transported, sold, given, adopted out, released, or otherwise disposed of:
A. The date of acquisition;
B. The name and complete mailing address of
the person from whom the animal was obtained;
C. The vehicle license number and state, or
the driver's license number and state of the person delivering the
animal;
D. A complete description
of the animal including breed or type, sex, size, approximate weight,
approximate age, color, and any distinctive markings;
E. Date of disposition and method;
F. The name and complete mailing address of
the person to whom the animal was sold, given, released to, or adopted by, and
the USDA or ACFA license numbers, or both, if the person was licensed under the
Acts;
G. Spay or neuter contract;
and
H. Veterinary certification of
spay or neuter.
2. Animal
cage card must be attached to the primary enclosure of every animal being held,
retained, kept, or maintained.
3.
The record of daily health observations, medications and treatments given, and
exercise periods shall be maintained.
4. All records shall be maintained for a
period of one (1) year, unless the director requests in writing that they be
maintained for a longer period, for the purpose of
investigation.
(E)
Records for Pet Shops.
1. Every operator of a
pet shop shall make, keep, and maintain records or forms which fully and
correctly disclose the following concerning each animal purchased or otherwise
acquired, kept or maintained, transported, sold, given, released, or otherwise
disposed of-
A. The name and complete mailing
address of the person from whom the animal was obtained;
B. The USDA or ACFA license number, or both,
of the seller if s/he was licensed under the Acts;
C. The vehicle license number and state, or
the driver's license number and state of the person delivering the animal if
the seller is not licensed under the Acts;
D. A complete description of the animal,
including breed or type, sex, size, approximate weight, or a combination of
these, date of birth or approximate age, color, and any distinctive markings,
including any official tag number or tattoo markings;
E. Date of acquisition;
F. Date of disposition and method;
and
G. The name and complete
mailing address and telephone number of the person to whom the animal was sold,
given, released to, or otherwise disposed of.
2. Animal cage card, if used, must be
attached to the primary enclosure of every animal being held, retained, kept,
or maintained.
3. The record of
daily health observations, medications, and treatments given shall be
maintained.
4. Shot records and a
copy of treatment, medications, and medical procedures performed on the animal,
while in the possession of the licensee, may be furnished to the retail pet
purchaser. Medical records, to the extent possible may accompany the animal
when sold.
5. All records shall be
maintained for a period of one (1) year, unless the director requests in
writing that they be maintained for a longer period, for the purpose of
investigation.
(F)
Records for Carriers and Intermediate Handlers. In connection with all live
dogs or cats delivered for transportation, in commerce to any carrier or
intermediate handler, by any commercial breeder, dealer, research facility,
exhibitor, operator of an auction sale, broker, pet shop, or any other person
licensed under the ACFA, or department, agency, or instrumentality of the
United States or of any state or local government, the accepting carrier or
intermediate handler shall keep and maintain a copy of the health certificate
completed in accordance with state and federal regulations, tendered with each
live dog or cat.
(G) Health
Certification and Identification.
1. No
commercial breeder, dealer, exhibitor, operator of an auction sale, broker, pet
shop, research facility, voluntary licensee, or any department, agency, or
instrumentality of the United States or of any state or local government shall
deliver to any intermediate handler or carrier for transportation in interstate
commerce or shall transport in interstate commerce any dog or cat unless the
dog or cat is accompanied by a health certificate executed and issued by a
licensed veterinarian. The health certificate shall state that-
A. The licensed veterinarian inspected the
dog or cat on a specified date which shall not be more than ten (10) days prior
to the delivery of the dog or cat for transportation; and
B. When so inspected, the dog or cat appeared
to the licensed veterinarian to be free of any infectious disease or physical
abnormality which would endanger the animal(s) or endanger public
health.
2. No
intermediate handler or carrier to whom any live dog or cat is delivered for
transportation by any commercial breeder, dealer, exhibitor, broker, pet shop,
research facility, operator of an auction sale, or any department, agency, or
instrumentality of the United States or any state or local government shall
receive a live dog or cat for transportation in interstate commerce, unless and
until it is accompanied by a health certificate issued by a licensed
veterinarian.
3. State approved
forms may be used for health certification by a licensed veterinarian as
required by this section.
4.
Intrastate shipments, which at no time leave the state, may utilize an
owner/shipper statement in lieu of a health certificate. The owner/shipper
statement must specify the date of shipment, name, address, phone number, and
ACFA/USDA license numbers of consignor and consignee of the shipment, specify
species and list each animal in the shipment by its individual ACFA/USDA
number, breed, age, sex, color, and distinctive markings, vaccination history,
and certify- "To the best of my knowledge, all animals in this shipment are
healthy and have not been exposed to an infectious or contagious disease." The
statement must contain the signature, printed name, address, and phone number
of the certifying individual.
(H) Disposition of Records.
1. No licensee, for a period of one (1) year,
shall destroy or dispose of, without the consent in writing of the director,
any books, records, documents, or other papers required to be kept and
maintained under the ACFA and this rule.
2. Unless otherwise specified, the records
required to be kept and maintained under this rule shall be held for one (1)
year after an animal is euthanized or disposed of and for any period in excess
of one (1) year as necessary to comply with any applicable federal, state, or
local laws. Whenever the director notifies the licensee in writing that
specified records shall be retained pending completion of an investigation or
proceeding under the ACFA, the licensee shall hold those records until their
disposition is authorized by the director.
3. Any person subject to the provisions of
section 273.345, RSMo, shall maintain
all veterinary records and sales records for the most recent previous two (2)
years. These records shall be made available to the state veterinarian, a state
or local animal welfare official, or a law enforcement agent upon
request.
(11)
Compliance With Standards and Holding Periods. Each licensee shall comply in
all respects with the standards set forth in
2 CSR
30-9.020 through
2 CSR
30-9.030 for the humane handling, care, treatment,
housing, and transportation of animals.
(12) Holding Period.
(A) Any live dog or cat, other than
owner-relinquished or feral animals which are not known to have bitten anyone
within the preceding ten (10) days, acquired by an animal shelter or contract
kennel shall be held for a period of not less than five (5) business days
before offering for adoption or euthanasia.
(B) Any live dog or cat acquired by a
commercial breeder, dealer, exhibitor, or pet shop shall be held under his/her
supervision and control, for a period of not less than five (5) full days, not
including the day of acquisition, after acquiring the animal, excluding time in
transit.
(C) Any dog or cat
presented for euthanasia by its owner or any animal suffering from disease,
emaciation, or injury may be destroyed by euthanasia prior to the completion of
the holding period required by this section.
(D) Any dog or cat, one hundred twenty (120)
days of age or less, that was obtained from the person that bred and raised the
animal, may be exempted from the five- (5-) day holding requirement and may be
sold or otherwise disposed of by a licensee after a minimum holding period of
twenty-four (24) hours, excluding time in transit. Each subsequent licensee
must also hold that animal for a minimum of twenty-four (24) hours excluding
time in transit. Intermediate handlers who obtain an animal one hundred twenty
(120) days of age or less, only in conjunction with its transportation in
commerce will be exempt from the twenty-four- (24-) hour holding
period.
(E) During the period in
which any animal is being held as required by this section, the animal shall be
unloaded from any means of conveyance in which it was received, for food,
water, and rest, and shall be handled, cared for, and treated in accordance
with 2 CSR
30-9.020 through
2 CSR
30-9.030.
(13) Miscellaneous.
(A) Information as to business shall be
furnished by all licensees. Each licensee shall furnish to any department
official any information concerning the business of the licensee which the
department official may request in connection with the enforcement of the
provisions of the ACFA and
2 CSR
30-9.020 through
2 CSR
30-9.030.
(B) Access and Inspection of Records and
Property. Each licensee, during business hours, shall allow department
officials to-
1. Enter its place of
business;
2. Examine records
required to be kept in accordance with the ACFA and this rule;
3. Make copies of the records;
4. Inspect and photograph the facilities,
property, and animals as the department officials consider necessary to enforce
the provisions of the ACFA and the standards in
2 CSR
30-9.020 through
2 CSR
30-9.030; and
5. Document, by the taking of photographs and
other means, conditions and areas of noncompliance.
(C) Inspection for Missing Animals. Each
licensee shall allow, upon request and during business hours, police or
officers of other law enforcement agencies with general law enforcement
authority (not those agencies whose duties are limited to enforcement of local
animal rules) to enter his/her place of business to inspect animals and records
for the purpose of seeking animals that are missing, under the following
conditions:
1. The police or other law
officer shall furnish to the licensee a written description of the missing
animal and the name and address of its owner before making a search;
and
2. The police or other law
officer shall abide by all security measures required by the licensee to
prevent the spread of disease, including the use of sterile clothing, footwear,
and masks where required, or to prevent the escape of an
animal.
(D) Confiscation
and Destruction of Animals.
1. If an animal
being held by a licensee or transported by a carrier is found by a department
official to be suffering as a result of the failure of the licensee or carrier
to comply with any provisions of the ACFA or the standards set forth in
2 CSR
30-9.020 through
2 CSR
30-9.030, the department official shall make a
reasonable effort to notify the licensee of the condition of the animal(s) and
request that the condition be corrected and that adequate care be given to
alleviate the animal's suffering or distress, or that the animal(s) be
destroyed by euthanasia. In the event that the licensee refuses to comply with
this request, the department official may confiscate the animal(s) for care,
treatment, or disposal as indicated in this section, if, in the opinion of the
director, the circumstances indicate the animal's health is in
danger.
2. In the event that the
department official is unable to locate or notify the licensee as required in
this section, the department official shall contact a local police or other law
officer to accompany him/her to the premises and shall provide for adequate
care when necessary to alleviate the animal's suffering. If in the opinion of
the director, the condition of the animal(s) cannot be corrected by this
temporary care, the department official shall confiscate the
animal(s).
3. Confiscated animals
may be placed, by sale or donation, with other licensees or registrants who are
in compliance with the ACFA and the standards in
2 CSR
30-9.020 through
2 CSR
30-9.030 and can provide proper care, or they may be
euthanized. The licensee from whom the animals were confiscated shall bear all
costs incurred in performing the placement or euthanasia activities authorized
by this rule.
(E) Minimum
Age Requirements. No dog or cat shall be delivered by any person to any carrier
or intermediate handler for transportation, in commerce, or shall be
transported in commerce by any person, except to a registered research
facility, unless that dog or cat is at least eight (8) weeks of age and has
been weaned.
(F) Handling of
Animals.
1. All handling and public
exhibition of animals shall be in accordance with Code of Federal
Regulations, Title 9, Chapter 1, Subchapter A, Part 2, Subpart I,
Section 2.131.
2. All euthanasia of
animals shall be accomplished by a method approved by the AVMA
Guidelines for the Euthanasia of Animals: 2013 Edition, as
incorporated by reference in this rule, as published by the American Veterinary
Medical Association, 1931 N Meacham Road, Schaumburg, IL 60173, phone number:
1-800-248-2862, website: www.avma.org.
This rule does not incorporate any later amendments or additions.
(14) Procurement of Dogs
and Cats by Licensees.
(A) A dealer may obtain
dogs and cats from within this state only from other licensees who are licensed
under the ACFA in accordance with this rule or exempt sources.
(B) No person shall obtain live dogs or cats
by use of false pretenses, misrepresentation, or deception.
(15) Exotic Animals. Exotic animals as
defined in rules promulgated under the ACFA shall be permitted, as may be
required by, and maintained under the rules and standards of the Missouri
Department of Conservation and the regulations and standards of the
USDA.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.