2 CSR 30-9.010 - Animal Care Facilities Definitions
(1) The
terms defined in sections
273.325 and
273.345, RSMo, in addition to
other relative terms pertaining to animal care will be applied for use in
2 CSR
30-9.020 and
2 CSR
30-9.030.
(2) Definitions. As used in
2 CSR
30-9.020 and
2 CSR
30-9.030, the following terms shall mean:
(A) ACFA means the Animal Care Facilities
Act;
(B) Adequate food means the
provision, at suitable intervals of not more than twelve (12) hours, unless the
dietary requirements of the species requires a longer interval, of a quantity
of wholesome foodstuff, suitable for the species and age, enough to maintain a
reasonable level of nutrition in each animal. All foodstuffs must be served in
a safe receptacle, dish, or container;
(C) Adequate housing means the continuous
provision of a sanitary facility, protection from the extremes of weather
conditions, proper ventilation, and appropriate space (depending on the species
of animal) as defined by the regulations of the United States Department of
Agriculture (USDA) and this rule;
(D) Adequate water means the provision of a
supply of potable water in a safe receptacle, dish, or container. Water shall
be provided continuously or at intervals suitable to the species (intervals
shall not exceed eight (8) hours);
(E) Adequate rest between breeding cycles
means, at minimum, ensuring that female dogs are not bred to produce more
litters in any given period than what is recommended by a licensed veterinarian
as appropriate for the species, age, and health of the dog;
(F) Adopter means a person who is legally
competent to enter into a contract and who is adopting or buying a dog or cat
from a releasing agency;
(G) Adult
animal means any dog or cat that has reached the age of one hundred eighty
(180) days or six (6) months or more;
(H) Animal means any dog or cat used or
intended for use for research, teaching, testing, breeding, exhibition
purposes, or as a pet;
(I) Animal
shelter means a facility used to house or contain animals, operated or
maintained by an incorporated humane society, animal welfare society, society
for the prevention of cruelty to animals, or other not-for-profit organization.
An animal shelter is devoted to the welfare, protection, and humane treatment
of animals; or a person whose primary purpose is to act as an animal rescue, to
collect and care for unwanted animals, or to offer them for adoption is also
included in this definition;
(J)
Animal welfare official means any licensed veterinarian designated by and under
the supervision of the state veterinarian, who administers or assists in the
administration of the ACFA, or any appointee of the director and shall include
all deputy state veterinarians;
(K)
Attending veterinarian means any Doctor of Veterinary Medicine who has a valid
license to practice veterinary medicine in Missouri issued by the Missouri
Veterinary Medical Board and who has a written agreement to perform specified
services for a licensee;
(L)
Auction means any person selling any consignment of dog(s) or cat(s) to the
highest bidder. This shall include any means, procedure, or practice in which
the ownership of a dog or cat is conveyed from one (1) person to another by any
type or method of bidding process. Auction sales shall be considered as brokers
and must be licensed as dealers under the ACFA;
(M) Boarding kennel means a place or
establishment, other than a pound or animal shelter, where animals, not owned
by the proprietor, are sheltered, fed, and watered in return for a
consideration. This term shall include all boarding activities regardless of
name used, such as, but not limited to, pet sitters. However, boarding kennel
shall not include hobby or show breeders who board intact females for a period
of time for the sole purpose of breeding the intact females, and shall not
include individuals who temporarily, and not in the normal course of business,
board or care for animals owned by other individuals;
(N) Business hours means a reasonable number
of hours between seven o'clock in the morning and seven o'clock in the evening
(7:00 a.m.-7:00 p.m.), Monday through Friday, except legal state holidays, each
week of the year, during which inspections may be made;
(O) Carrier means the operator of any
airline, aircraft, railroad, motor carrier, shipping line, or other enterprise
which is engaged in the business of transporting any animals for
hire;
(P) Cat means any live or
dead Felis catus;
(Q) Commercial breeder means a person, other
than a hobby or show breeder, engaged in the business of breeding animals for
sale or for exchange in return for a consideration, and who harbors more than
three (3) intact females for the primary purpose of breeding animals for
sale;
(R) Commercial kennel means
any kennel which performs grooming or training services for animals, and may or
may not render boarding services in return for a consideration;
(S) Contract kennel means any facility
operated by any person or entity other than the state or any political
subdivision of the state, for the purpose of impounding or harboring seized,
stray, homeless, abandoned, or unwanted animals, on behalf of and pursuant to a
contract with the state or any political subdivision;
(T) Covered dog means any individual of the
species of the domestic dog, Canis lupus familiaris, or
resultant hybrids, that is over the age of six (6) months and has intact sexual
organs;
(U) Dealer means any person
who is engaged in the business of buying for resale, selling, or exchanging
animals, as a principal or agent, or who holds him/herself out to be so engaged
or is otherwise classified as a dealer by the USDA as defined by the
regulations of the USDA;
(V)
Director means the director of the Missouri Department of
Agriculture;
(W) Dog means any live
or dead Canis lupus familiaris;
(X) Euthanasia means the act of putting an
animal to death in a humane manner and shall be accomplished by a method
specified as acceptable by the American Veterinary Medical Association Panel on
Euthanasia;
(Y) Examination means a
complete physical evaluation from head to tail of a covered dog or cat by a
licensed veterinarian to include auscultation, palpation, and a visual
inspection in which the heart rate, respiratory rate, breeding soundness, and
the results of palpation are assessed and recorded as indicated on the forms
provided;
(Z) Exhibitor means any
person (public or private) exhibiting any dog or cat to the public for
compensation or for a consideration of any kind whether directly or indirectly.
This term excludes pet shops who are exhibiting only the animals for sale to
the general public if exhibited only within the licensed facility;
(AA) Exotic animals for the purpose of the
ACFA means any member of the families Canidae or Felidae not indigenous to
Missouri or any hybrid descendant of any member of the families
Canidae or Felidae crossed with any
Canis lupus familiaris or Felis
catus;
(BB) Extreme
weather means outdoor temperatures above eighty-five degrees Fahrenheit (85
°F) or below forty-five degrees Fahrenheit (45 °F) or during a severe
weather alert;
(CC) Hobby or show
breeder means a noncommercial breeder who breeds dogs or cats with the primary
purpose of exhibiting or showing dogs or cats, improving the breed or selling
the dogs or cats, and having no more than ten (10) intact females. These
breeders shall be classified as a hobby or show breeder if they sell only to
other breeders or to individuals. Hobby or show breeders are exempt from the
licensure and inspection requirements, but must register annually with the
director for the purpose of establishing that these persons are hobby or show
breeders, at no cost to the hobby or show breeders. A breeder who buys or sells
any animal for the primary purpose of resale does not qualify as a hobby or
show breeder.
1. Registered hobby or show
breeders are those meeting the definition in this subsection.
2. Licensed hobby or show breeders are those
meeting the definition in this subsection with the exception of having more
than ten (10) intact females. Licensed hobby or show breeders shall be required
to pay the same license and per capita fees and meet the same rules, standards,
and inspection requirements as the commercial breeders;
(DD) Housing facility means any land,
premises, shed, barn, building, trailer, or other structure or area housing or
intended to house animals;
(EE)
Impervious surface means a surface that does not permit the absorption of
fluids;
(FF) Indoor housing
facility means any structure or building with environmental controls, housing
or intended to house animals and meeting the following requirements:
1. It must be capable of controlling the
temperature within the building or structure within the limits set forth for
that species of animal, of maintaining humidity levels of thirty to seventy
percent (30-70%), and of rapidly eliminating odors from within the
building;
2. It must be an
enclosure created by the continuous connection of a roof, floor, and walls (a
shed or barn set on top of the ground does not have a continuous connection
between the walls and the ground unless a foundation and floor are provided);
and
3. It must have at least one
(1) door for entry and exit that can be opened and closed (any windows or
openings which provide natural light must be covered with a transparent
material such as glass or hard plastic);
(GG) Inspector means any person employed by
the department who is authorized to perform a function under the ACFA and these
rules, or any animal welfare official as defined in this rule;
(HH) Intact female means, with respect to the
dog, a female between the ages of six (6) months and ten (10) years that can be
bred. With respect to the cat, a female between the ages of six (6) months and
eight (8) years that can be bred;
(II) Intermediate handler means any person
engaged in any business in which s/he receives custody of animals through
boarding, ownership, or brokering in connection with their transportation in
commerce, excluding persons licensed under the ACFA who are transporting
animals only in the normal course of conducting their licensed
business;
(JJ) Licensee means any
animal shelter, boarding kennel, commercial breeder, commercial kennel,
contract kennel, dealer, intermediate handler, pet shop, and pound or dog pound
licensed according to the provisions of the ACFA;
(KK) Necessary veterinary care means, at
minimum, examination at least once yearly by a licensed veterinarian, prompt
treatment of any serious illness or injury by a licensed veterinarian, and
where needed, humane euthanasia by a licensed veterinarian using lawful
techniques deemed acceptable by the American Veterinary Medical
Association;
(LL) Outdoor housing
facility means any structure, building, land, or premises, housing or intended
to house animals, which does not meet the definition of any other type of
housing facility provided in the rules, and in which temperatures cannot be
controlled within set limits;
(MM)
Person means any individual, partnership, firm, joint venture, corporation,
association, limited liability company, trust, estate, receiver, syndicate, or
other legal entity;
(NN) Pet means
any species of the domestic dog, Canis lupus familiaris, or
resultant hybrids, normally maintained in or near the household of the owner
thereof;
(OO) Pet shop means any
facility where animals are bought, sold, exchanged, or offered for retail sale
to the general public;
(PP) Pound
or dog pound means a facility operated by the state or any political
subdivision of the state for the purpose of impounding or harboring seized,
stray, homeless, abandoned, or unwanted animals;
(QQ) Primary enclosure means any structure or
device used to restrict an animal(s) to a limited amount of space, such as a
room, pen, run, cage, compartment, pool, hutch, or tether;
(RR) Registrant means any hobby or show
breeder who has properly registered with the director according to the
provisions of the ACFA;
(SS)
Regular exercise means the type and amount of exercise sufficient to comply
with an exercise plan that has been approved by a licensed veterinarian,
developed in accordance with regulations regarding exercise promulgated by the
Missouri Department of Agriculture, and where such plan affords the dog maximum
opportunity for outdoor exercise as weather permits;
(TT) Retail pet store means a person or
retail establishment open to the public where dogs are bought, sold, exchanged,
or offered for retail sale directly to the public to be kept as pets, but that
does not engage in any breeding of dogs for the purpose of selling any
offspring for use as a pet;
(UU)
Sanitize means to make physically clean and to remove and destroy, to the
maximum degree that is practical, agents injurious to health;
(VV) Serious illness or injury means a
condition or injury that would likely result in significant pain or progression
of disease if not addressed within twenty-four (24) hours and would require
daily or continuing treatment as determined by a veterinarian;
(WW) Sheltered housing facility means a
housing facility which provides the animal with shelter, protection from the
elements, and protection from temperature extremes at all times. A sheltered
housing facility may consist of runs or pens totally enclosed in a barn or
building, or of connecting inside/outside runs or pens with the inside pens in
a totally enclosed building;
(XX)
Standards means the requirements set forth in 2 CSR 309.020 through
2 CSR
30-9.030;
(YY) State means Missouri;
(ZZ) State veterinarian means the state
veterinarian of Missouri;
(AAA)
Sufficient food and clean water means access to appropriate nutritious food at
least twice a day sufficient to maintain good health, and continuous access to
potable water that is not frozen and is generally free of debris, feces, algae,
and other contaminants;
(BBB)
Sufficient housing, including protection from the elements, means the
continuous provision of a sanitary facility, the provision of a solid surface
on which to lie in a recumbent position, protection from the extremes of
weather conditions, proper ventilation, and appropriate space in accordance
with regulations of the Missouri Department of Agriculture;
(CCC) Sufficient space to turn and stretch
freely, lie down, and fully extend his or her limbs means having appropriate
space in accordance with regulations of the Missouri Department of
Agriculture;
(DDD) Transporting
vehicle means any truck, car, trailer, airplane, ship, or railroad car used for
transporting animals;
(EEE) USDA
means the United States Department of Agriculture;
(FFF) Weaned means that an animal has become
accustomed to taking solid food and has done so, without nursing, for a period
of at least five (5) days; and
(GGG) Wire strand flooring means pliable
metallic strands in any length or diameter, mesh or grill-type, with or without
a coating, and used for a surface on which an animal stands.
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.