Missouri Code of State Regulations
Title 2 - DEPARTMENT OF AGRICULTURE
Division 30 - Animal Health
Chapter 9 - Animal Care Facilities
Section 2 CSR 30-9.010 - Animal Care Facilities Definitions
Universal Citation: 2 MO Code of State Regs 30-9.010
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment removes language which is duplicative or otherwise unnecessary for use in licensing, operating, and inspecting animal care facilities, and in some instances replacing redundant language with concise wording.
(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
30-9.020 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.
*Original authority: 273.344, RSMo 1992 and 273.346, RSMo 1992.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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