16 Tex. Admin. Code § 91.202 - Transportation Standards-Primary Enclosure Used to Transport Live Dogs and Cats
Licensees must not transport or deliver for transport in commerce a dog or cat unless the following requirements are met:
(1) Construction of primary enclosures. The
dog or cat must be contained in a primary enclosure such as a compartment,
transport cage, carton, or crate. Primary enclosures used to transport dogs and
cats must be constructed so that:
(A) The
primary enclosure is strong enough to contain the dogs and cats securely and
comfortably and to withstand the normal rigors of transportation;
(B) The interior of the primary enclosure has
no sharp points or edges and no protrusions that could injure the animal
contained in it;
(C) The dog or cat
is at all times securely contained within the enclosure and cannot put any part
of its body outside the enclosure in a way that could result in injury to
itself, to handlers, or to persons or animals nearby;
(D) The dog or cat can be easily and quickly
removed from the enclosure in an emergency;
(E) Unless the enclosure is permanently
affixed to the conveyance, adequate devices such as handles or handholds are
provided on its exterior, and enable the enclosure to be lifted without tilting
it, and ensure that anyone handling the enclosure will not come into physical
contact with the animal contained inside;
(F) Unless the enclosure is permanently
affixed to the conveyance, it is clearly marked on top and on one or more sides
with the words "Live Animals," in letters at least 1 inch (2.5 cm.) high, and
with arrows or other markings to indicate the correct upright position of the
primary enclosure;
(G) Any
material, treatment, paint, preservative, or other chemical used in or on the
enclosure is nontoxic to the animal and not harmful to the health or well-being
of the animal;
(H) Proper
ventilation is provided to the animal in accordance with paragraph (3);
and
(I) The primary enclosure has a
solid, leak-proof bottom or a removable, leak-proof collection tray under a
slatted or mesh floor that prevents seepage of waste products, such as excreta
and body fluids, outside of the enclosure. If a slatted or mesh floor is used
in the enclosure, it must be designed and constructed so that the animal cannot
put any part of its body between the slats or through the holes in the mesh.
Unless the dogs and cats are on raised slatted floors or raised floors made of
mesh, the primary enclosure must contain enough previously unused litter to
absorb and cover excreta. The litter must be of a suitably absorbent material
that is safe and nontoxic to the dogs and cats.
(2) Cleaning of primary enclosures. A primary
enclosure used to hold or transport dogs or cats in commerce must be cleaned
and sanitized before each use in accordance with the methods provided in
§91.109(b)(3). If the dogs or cats are in transit for more than 24 hours,
the enclosures must be cleaned and any litter replaced, or other methods, such
as moving the animals to another enclosure, must be utilized to prevent the
soiling of the dogs or cats by body wastes. If it becomes necessary to remove
the dog or cat from the enclosure in order to clean, or to move the dog or cat
to another enclosure, this procedure must be completed in a way that safeguards
the dog or cat from injury and prevents escape.
(3) Ventilation.
(A) Unless the primary enclosure is
permanently affixed to the conveyance, there must be:
(i) Ventilation openings located on two
opposing walls of the primary enclosure and the openings must be at least 16
percent of the surface area of each such wall, and the total combined surface
area of the ventilation openings must be at least 14 percent of the total
combined surface area of all the walls of the primary enclosure; or
(ii) Ventilation openings on three walls of
the primary enclosure, and the openings on each of the two opposing walls must
be at least 8 percent of the total surface area of the two walls, and the
ventilation openings on the third wall of the primary enclosure must be at
least 50 percent of the total surface area of that wall, and the total combined
surface area of the ventilation openings must be at least 14 percent of the
total combined surface area of all the walls of the primary enclosure;
or
(iii) Ventilation openings
located on all four walls of the primary enclosure and the ventilation openings
on each of the four walls must be at least 8 percent of the total surface area
of each such wall, and the total combined surface area of the openings must be
at least 14 percent of total combined surface area of all the walls of the
primary enclosure; and
(iv) At
least one-third of the ventilation area must be located on the upper half of
the primary enclosure.
(B) Unless the primary enclosure is
permanently affixed to the conveyance, projecting rims or similar devices must
be located on the exterior of each enclosure wall having a ventilation opening,
in order to prevent obstruction of the openings. The projecting rims or similar
devices must be large enough to provide a minimum air circulation space of 0.75
in. (1.9 cm) between the primary enclosure and anything the enclosure is placed
against.
(C) If a primary enclosure
is permanently affixed to the primary conveyance so that there is only a front
ventilation opening for the enclosure, the primary enclosure must be affixed to
the primary conveyance in such a way that the front ventilation opening cannot
be blocked, and the front ventilation opening must open directly to an
unobstructed aisle or passageway inside the conveyance. The ventilation opening
must be at least 90 percent of the total area of the front wall of the
enclosure, and must be covered with bars, wire mesh, or smooth expanded metal
having air spaces.
(4)
Compatibility.
(A) Live dogs or cats
transported in the same primary enclosure must be of the same species and be
maintained in compatible groups, except that dogs and cats that are private
pets, are of comparable size, and are compatible, may be transported in the
same primary enclosure.
(B) Puppies
or kittens 6 months of age or less may not be transported in the same primary
enclosure with adult dogs or cats other than their dams.
(C) Dogs or cats that are overly aggressive
or exhibit a vicious disposition must be transported individually in a primary
enclosure.
(D) Any female dog or
cat in heat (estrus) may not be transported in the same primary enclosure with
any male dog or cat.
(5)
Space and placement.
(A) Primary enclosures
used to transport live dogs and cats must be large enough to ensure that each
animal contained in the primary enclosure has enough space to turn about
normally while standing, to stand and sit erect, and to lie in a natural
position.
(B) Primary enclosures
used to transport dogs and cats must be positioned in the primary conveyance so
as to provide protection from the elements.
(6) Transportation by air.
(A) No more than one live dog or cat, 6
months of age or older, may be transported in the same primary enclosure when
shipped via air carrier.
(B) No
more than one live puppy, 8 weeks to 6 months of age, and weighing over 20 lbs
(9 kg), may be transported in a primary enclosure when shipped via air
carrier.
(C) No more than two live
puppies or kittens, 8 weeks to 6 months of age, that are of comparable size,
and weighing 20 lbs (9 kg) or less each, may be transported in the same primary
enclosure when shipped via air carrier.
(D) Weaned live puppies or kittens less than
8 weeks of age and of comparable size, or puppies or kittens that are less than
8 weeks of age that are littermates and are accompanied by their dam, may be
transported in the same primary enclosure when shipped to research facilities,
including federal research facilities.
(7) Transportation by surface vehicle or
privately owned aircraft.
(A) No more than
four live dogs or cats, 8 weeks of age or older, that are of comparable size,
may be transported in the same primary enclosure when shipped by surface
vehicle (including ground and water transportation) or privately owned
aircraft, and only if all other requirements of this section are met.
(B) Weaned live puppies or kittens less than
8 weeks of age and of comparable size, or puppies or kittens that are less than
8 weeks of age that are littermates and are accompanied by their dam, may be
transported in the same primary enclosure when shipped to research facilities,
including federal research facilities, and only if all other requirements in
this section are met.
(8)
Accompanying documents and records. Shipping documents that must accompany
shipments of dogs and cats may be held by the operator of the primary
conveyance, for surface transportation only, or must be securely attached in a
readily accessible manner to the outside of any primary enclosure that is part
of the shipment, in a manner that allows them to be detached for examination
and securely reattached, such as in a pocket or sleeve. Instructions for
administration of drugs, medication, and other special care must be attached to
each primary enclosure in a manner that makes them easy to notice, to detach
for examination, and to reattach securely. Food and water instructions must be
securely attached to the outside of the primary enclosure in a manner that
makes them easily noticed and read.
Notes
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