16 Tex. Admin. Code § 91.104 - Standards of Care-Primary Enclosure
(a)
Primary enclosures for dogs and cats must meet the following minimum
requirements:
(1) General requirements.
Primary enclosures must be designed and constructed of suitable materials so that they are structurally sound. The primary enclosures must be kept in good repair and shall not be placed on top of another primary enclosure unless an impervious barrier designed to prevent the transfer of fluid or animal waste separates the two primary enclosures.
(2) Construction and maintenance. Primary
enclosures must be constructed and maintained so that they:
(A) have no sharp points or edges that could
injure the dogs and cats;
(B)
protect the dogs and cats from injury;
(C) contain the dogs and cats
securely;
(D) keep other animals
from entering the enclosure;
(E)
enable the dogs and cats to remain dry and clean;
(F) provide shelter and protection from
extreme temperatures and weather conditions that may be uncomfortable or
hazardous to all the dogs and cats;
(G) provide sufficient shade to shelter all
the dogs and cats housed in the primary enclosure at one time;
(H) provide all the dogs and cats with easy
and convenient access to clean food and water;
(I) enable all surfaces in contact with the
dogs and cats to be readily cleaned and sanitized in accordance with
§91.109(b), or be replaceable when worn or soiled;
(J) have floors that are constructed in a
manner that protects the dogs' and cats' feet and legs from injury, and that,
if of mesh or slatted construction, do not allow the dogs' and cats' feet to
pass through any openings in the floor;
(K) provide sufficient space to allow each
dog and cat to turn about freely, to sit, stand, and lie in a comfortable,
normal position without its body being in contact with at least one side of the
enclosure walls and to walk in a normal manner; and
(L) if the suspended floor of a primary
enclosure is constructed of metal strands, the strands must either be greater
than 1/8 of an inch in diameter (9 gauge) or coated with a material such as
plastic or fiberglass. The suspended floor of any primary enclosure must be
strong enough so that the floor does not sag or bend between the structural
supports.
(b)
Additional requirements for cats.
(1) Space.
Each cat, including weaned kittens, that is housed in any primary enclosure
must be provided minimum vertical space and floor space in accordance with this
chapter.
(2) Each primary enclosure
housing cats must be at least 24 in. high (60.96 cm).
(3) Cats up to and including 8.8 lbs (4 kg)
must be provided with at least 3.0 ft2 (0.28
m2).
(4)
Cats over 8.8 lbs (4 kg) must be provided with at least 4.0
ft2 (0.37 m2).
(5) Each queen with nursing kittens must be
provided with an additional amount of floor space, based on her breed and
behavioral characteristics, and in accordance with generally accepted husbandry
practices. If the additional amount of floor space for each nursing kitten is
equivalent to less than 5 percent of the minimum requirement for the queen,
such housing must be approved by a veterinarian.
(6) The minimum floor space required by this
section is exclusive of any food or water pans. The litter pan may be
considered part of the floor space if properly cleaned and sanitized.
(7) Compatibility. All cats housed in the
same primary enclosure must be compatible, as determined by observation. Not
more than 12 adult nonconditioned cats may be housed in the same primary
enclosure. Queens in heat may not be housed in the same primary enclosure with
sexually mature males, except for breeding. Except when maintained in breeding
colonies, queens with litters may not be housed in the same primary enclosure
with other adult cats, and kittens under 6 months of age may not be housed in
the same primary enclosure with adult cats, other than the dam or foster dam.
Cats with a vicious or aggressive disposition must be housed
separately.
(8) Litter. In all
primary enclosures, a receptacle containing sufficient clean litter must be
provided to contain excreta and body wastes.
(9) Resting surfaces. Each primary enclosure
housing cats must contain a resting surface or surfaces that, in the aggregate,
are large enough to hold all the occupants of the primary enclosure at the same
time comfortably. The resting surfaces must be elevated, impervious to
moisture, and be able to be easily cleaned and sanitized, or easily replaced
when soiled or worn. Low resting surfaces that do not allow the space under
them to be comfortably occupied by the animal will be counted as part of the
floor space.
(c)
Additional requirements for dogs.
(1) Space.
(A) Each dog housed in a primary enclosure
(including weaned puppies) must be provided a minimum amount of floor space,
calculated as follows: Find the mathematical square of the sum of the length of
the dog in inches (measured from the tip of its nose to the base of its tail)
plus 6 inches; then divide the product by 144. The calculation is: (length of
dog in inches + 6) x (length of dog in inches + 6) = required floor space in
square inches. Required floor space in inches/144 = required floor space in
square feet.
(B) Each bitch with
nursing puppies must be provided with an additional amount of floor space,
based on her breed and behavioral characteristics, and in accordance with
generally accepted husbandry practices as determined by a veterinarian. If the
additional amount of floor space for each nursing puppy is less than 5 percent
of the minimum requirement for the bitch, such housing must be approved by a
veterinarian and documented in the medical records related to each
dog.
(C) The interior height of a
primary enclosure must be at least 6 inches higher than the head of the tallest
dog in the enclosure when it is in a normal standing position.
(2) Compatibility. All dogs housed
in the same primary enclosure must be compatible, as determined by observation.
Not more than 12 adult nonconditioned dogs may be housed in the same primary
enclosure. Bitches in heat may not be housed in the same primary enclosure with
sexually mature males, except for breeding. Except when maintained in breeding
colonies, bitches with litters may not be housed in the same primary enclosure
with other adult dogs, and puppies under 6 months of age may not be housed in
the same primary enclosure with adult dogs, other than the dam or foster dam.
Dogs with a vicious or aggressive disposition must be housed
separately.
(3) Prohibited means of
primary enclosure. Permanent tethering of dogs is prohibited for use as primary
enclosure.
(4) Prohibited stacking
of primary enclosure. Primary enclosures may not be stacked above three
vertical levels.
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.