Current through Register Vol. 47, No. 17, September 10, 2024
19.1. Each licensee
must keep and maintain records in the form and manner designated by the
Commissioner as set forth by these Rules. The licensee must maintain requisite
records at the physical facility address specified in the license application
for a period of two years after disposition of the animal for which the record
was originally made. All required records must be made available to any
inspector authorized by the Commissioner.
19.2. Acquisition records are required and
must include, at a minimum: the date the animal was transferred; source or how
acquired; name, address and phone number of the source if known; number of
animals received; animal breed or species; specific identifying characteristics
if available; bird band number or other identification approved by the
Commissioner, if applicable; date of birth of dogs, cats, hamsters, rabbits,
and guinea pigs.
19.3. Disposition
records are required, for dogs, cats, rabbits, guinea pigs, birds, hamsters and
herptiles and must include the date of birth for dogs, cats, rabbits, guinea
pigs and hamsters. The disposition records must include breed or species,
gender, and physical description of the animal and name, address, phone number,
and signature of the recipient of the animal. For kittens under 12 weeks of age
the weight at the time of transfer must be included. For psittacine birds, the
bird band number must be included.
19.4. Facilities must record date of death or
euthanasia for dogs, cats and psittacine birds. Records of euthanasia shall
include species or breed, date, and method of euthanasia including
dosage.
19.5. Maintenance
19.5.1. A maintenance record must be kept for
each dog and cat housed permanently at a facility. These records must include
the name, date of birth, breed, gender, color, any identifying characteristics,
and required permanent identification information.
19.5.2. Records of animals boarded, trained
or groomed must be kept by the facility and must include the name and address
of the owner of the pet animal, date of transaction, species/breed, specific
identifying characteristics, gender and age, and name of the owner's
veterinarian.
19.5.3. A record must
be kept of immunizations for each boarded animal at a facility, recording the
date on which the immunization was given or the expiration date of the
immunization. These records may be transferred to and kept on kennel
forms.
19.6. Zoonosis
19.6.1. Any facility selling, adopting or
otherwise transferring psittacine birds to the public must furnish the buyer or
adopter of each psittacine bird a Psittacine Bird Sales Record approved by the
Commissioner, giving the business name of the facility, the name, address and
phone number of the person buying or adopting the bird, and the number, species
and leg band identification number, or other identification approved by the
Commissioner, for each bird. Printed on this sales record must be a warning to
the buyer or adopter of a possible psittacosis hazard. This warning must
include a description of the disease signs in birds, symptoms in humans, and a
statement regarding the critical need for prompt medical diagnosis and
treatment when symptoms are present.
19.6.2. Any facility selling, adopting, or
otherwise transferring reptiles must have each retail purchaser or adopter of
one or more reptiles read an educational document approved by the Commissioner.
This educational document must state the possible salmonellosis hazard to
people and describe common hygienic practices to help prevent salmonella
exposure to humans. The purchaser must sign a dated register provided by the
pet animal dealer after reading this educational document.
19.6.3. Any facility selling, adopting, or
otherwise transferring dogs, cats, or ferrets must provide an educational
document prescribed by the Commissioner to each retail purchaser or adopter
describing the benefits of rabies vaccination and the risk of rabies infection.
This document must state the potential risk to humans posed by the rabies virus
and the methods to prevent human and animal exposure. The retail purchaser or
adopter must sign or initial that this document has been received.
19.7. In accordance with §35-108-108(1)(i),
C.R.S., no person may import or have in his possession for the purpose of
selling, trading, giving away, or otherwise transferring any psittacine bird
that has not been legally banded with a type of leg band authorized by the
Commissioner and appropriate to the size and species of the bird. The
Commissioner authorizes any traceable leg band or microchip.
19.7.1. No licensed pet animal facility may
use another licensee's registered leg band, nor may a licensee sell or transfer
his registered leg band to another person.
19.7.2. Application for a traceable leg band
must be made to the Commissioner.
19.7.3. A leg band that is causing injury to
a bird may be removed provided the Commissioner is notified in writing. Upon
sale, trade, or other means of transfer, the bird must be accompanied with a
traceable leg band approved by the Commissioner. If the bird is unable to wear
a leg band, the band must be attached to a photograph of the bird to prove
identification and be kept with the acquisition/disposition records.
19.7.4. The Commissioner may require other
species of birds to be banded. In such event, the Commissioner will notify any
licensee affected.
19.8.
Written permissions
19.8.1. In
boarding/training facilities and grooming facilities, pet animals of different
ownership may be housed in the same enclosure, under constant and direct
supervision, with the written consent of the owners.
19.8.2. Housing boarded dogs in crates
requires written consent of the owner.
19.8.3. Products not labeled for use on pet
animals may be used only with the written consent of the owner.
19.8.4. Records for animals boarded, trained
or transported by a pet handler must include a written agreement concerning
veterinary care to treat diseased or injured animals and must address
disposition of animals that die at the facility.
19.8.5. Battery-operated or electrical
behavioral control devices, such as shock collars, shock prods, or electrical
fences as well as pinch-collars and choke collars, may be used only with the
written consent of the owner.
19.9. Written disclosure
19.9.1. Written disclosure of all treatments
received while in the care of the pet animal facility involving immunizations,
medications, and any other veterinary treatments, administered prior to
transfer, must be provided at the time of transfer to the transferee for all
pet animals excluding fish, feeders, and invertebrates. A record detailing the
product used, the dosage, and the date(s) administered must be included. Proof
of disclosure, signed by the recipient of the animal, must be kept with
facility records.
19.9.2. For
grooming, boarding/training and pet handler facilities, an incident file must
be kept within each facility for animals sustaining injury or illness requiring
veterinary care or death or for any escape. Each report must include date of
incident, pet's name, breed/species, age, owner's name and contact information,
description of incident, and course of action.
19.9.3. In the event of either death or
escape at a boarding/training facility, pet handler, pet transporter or at a
grooming facility, the licensee must notify PACFA in writing within 72
hours.
19.9.4. Treatment records
must be kept on all pet animals (except fish and invertebrates) that receive
any medications or immunizations used in the treatment or prevention of
illness, or the treatment of injury, while in the care of the pet animal
facility. These records must include the identification of the pet animal
receiving medical treatment, signs of illness, reason for medical treatment, or
veterinary diagnosis, the name of the medication or immunization used, the
amount of medication used, and the time and date on which the medication or
immunization was administered.
19.9.5. In connection with the adoption, sale
or transfer, each pet animal facility shall provide, in good faith, the
prospective purchaser/adopter, upon request at the time of sale or adoption, a
written statement that contains the following information:
19.9.5.1. The date the animal was
transferred; source or how acquired; name, and address of the breeder; animal
breed or species; specific identifying characteristics if available; bird band
number, USDA identifying tag, tattoo, microchip, or other identification
approved by the Commissioner; if known, the date of birth of dogs, cats,
hamsters, rabbits and guinea pigs; and any medical treatment or medication
received prior to arrival at the pet animal facility, if known; and a statement
that reads, "This facility is regulated by the Colorado Department of
Agriculture's Pet Animal Care Facilities Act (PACFA) Program", the statement
must include the PACFA webpage address,
https://ag.colorado.gov/ICS/PACFA
and/or a QR code and the PACFA Program main phone number.
19.9.5.2. The purchaser shall acknowledge in
writing receipt of the information required in Part 19.9.5.1.
19.9.5.3. A record of the written disclosure
and the receipt acknowledgement shall be retained by the facility.
19.9.6. Retail facilities (pet
stores) that sell or offer for sale specific dogs or cats must:
19.9.6.1. Include on all advertisements,
including website and social media posts, the purchase price of the dog or cat,
and any applicable federal or state license numbers for the breeder of the dog
or cat. If the dog or cat is not from a licensed breeder or kennel, the retail
facility must state; "this dog/cat is from a breeder or kennel that is not
required to be state or federally licensed"
19.9.6.2. Post on the front of the enclosure
of each dog or cat, a card or other medium that is at least 3 inches by 5
inches in size that includes all the information required below at a minimum
11-point typed font. The card shall contain: the purchase price of the dog or
cat and the following information on the dog or cat's breeder or kennel: full
individual's name; kennel name, if applicable; city; state; and any applicable
state or federal license numbers. If the dog or cat is not from a licensed
breeder or kennel, the retail facility must state on the written material;
"this dog/cat is from a breeder or kennel that is not required to be state or
federally licensed". All disclosures required in this rule must be displayed in
a clear and transparent manner.
19.9.6.3. Disclose to a prospective purchaser
in writing, prior to the sale of a dog or cat, the following information about
the dog or cat: the purchase price of the dog or cat; the interest rate or
range associated with any financing or credit card offered to the prospective
purchaser; and any applicable federal or state license numbers and an
unredacted list of all violations of any federal or state law the dog or cat
breeder, broker, or transporter received in the previous two years on a federal
or state inspection report that is publicly available.
19.10. Unless expressly exempted by the
commissioner, an animal shelter or pet animal rescue shall not release a dog or
cat to a prospective owner unless the animal has been sterilized by a licensed
veterinarian. A facility with limited access to licensed veterinarians, or
public shelters eligible for waiver of licensing fees, can apply to the
commissioner for an exemption to this rule and the requirements of section
35-80-106.4, C.R.S.
19.11. Foster
19.11.1. Shelter and rescue facilities using
foster homes or licensed pet animal facilities to foster their pet animals,
must maintain a list containing the name of the foster care provider, phone
number, and current street address for each place or premises at which pet
animals are housed. Name, breed/species, physical description, age, gender, and
foster home location must be recorded for each pet animal fostered. The
Commissioner may, upon request, have access to any part of a foster home in
which fostered pet animals are kept.
19.11.2. The licensee shall conduct an
in-person inspection of each of its foster care providers at least once
annually and before any animal is fostered at the location and maintain a
record of those inspections at the physical facility address. The inspection
record must include the date of inspection, the number and species of pet
animals that permanently reside at each foster care provider, the signature of
the foster care provider and the signature of the person inspecting the foster
care facility. Licensees may submit a written request to the Commissioner for a
temporary limited exemption from this requirement, if the licensee has no
pending disciplinary matters. Any such submission must state why the exemption
is necessary and must demonstrate provisions for the safety and well-being of
any pet animals to be placed in foster care pursuant to this
exemption.
19.11.3. The licensee
shall obtain a written, signed foster agreement with each of its foster care
providers before any animal is fostered at the location and maintain such
record at the physical facility address. Such foster agreement shall include a
statement that the foster care provider understands and agrees to adhere to all
relevant zoning and animal control codes and ordinances, whether local, county,
or state.
19.11.4. The licensee
must provide written disclosure of all diseases, injuries or abnormalities in
the written, signed foster agreement.