Missouri Code of State Regulations
Title 2 - DEPARTMENT OF AGRICULTURE
Division 30 - Animal Health
Chapter 9 - Animal Care Facilities
Section 2 CSR 30-9.030 - Animal Care Facilities Minimum Standards of Operation and Transportation

Current through Register Vol. 49, No. 6, March 15, 2024

PURPOSE: This amendment removes the requirement of listing individual manufacturer's specifications for approved flooring. This amendment removes the requirements for vehicles which are not under the general enforcement of Missouri Department of Agriculture.

(1) Facilities and Operating Standards.

(A) Housing Facilities, General.
1. Structure and construction. Housing facilities for dogs and cats must be designed and constructed so that they are structurally sound. They must be kept in good repair, and they must protect the animals from injury, contain the animals securely and restrict other animals from entering.

2. Condition and site. Housing facilities and areas used for storing animal food or bedding must be free of any accumulation of trash, waste material, junk, weeds, and other discarded materials. Animal areas inside of housing facilities must be kept neat and free of clutter, including equipment, furniture, and stored material, but may contain materials actually used and necessary for cleaning the area, and fixtures or equipment necessary for proper husbandry practices. Housing facilities must be physically separated from any other business, like fur business, rabbi-tries, poultry operations and the like, located on the same premises so that animals the size of dogs, skunks, and raccoons are prevented from entering it.

3. Surfaces.
A. General requirements. The surfaces of housing facilities, including houses, dens and other furniture-type fixtures and objects within the facility, must be constructed in a manner and made of materials that allow them to be readily cleaned and sanitized, or removed or replaced when worn or soiled. Interior surfaces and any surfaces that come in contact with dogs or cats must be free of-
(I) Excessive rust that prevents the required cleaning and sanitization or that affects the structural strength of the surface; and

(II) Jagged edges or sharp points that might injure the animals.

B. Maintenance and replacement of surfaces. All surfaces must be maintained on a regular basis. Surfaces of housing facilities, including houses, dens and other furniture-type fixtures and objects within the facility, that cannot be readily cleaned and sanitized, must be replaced when worn or soiled.

C. Cleaning. Hard surfaces with which the dogs or cats come in contact must be spot-cleaned daily and sanitized in accordance with this section to prevent accumulation of excreta and reduce disease hazards. Floors made of dirt, absorbent bedding, sand, gravel, grass or other similar material must be raked or spot-cleaned with sufficient frequency to ensure all animals the freedom to avoid contact with excreta. Contaminated material must be replaced whenever this raking and spot-cleaning is not sufficient to prevent or eliminate odors, insects, pests or vermin infestation. All other surfaces of housing facilities must be cleaned and sanitized when necessary to satisfy generally accepted husbandry standards and practices. Sanitization may be done using any of the methods provided in this rule for primary enclosures.

4. Water and electric power. The housing facility must have reliable electric power adequate for heating, cooling, ventilation and lighting, and for carrying out other husbandry requirements in accordance with 2 CSR 30-9. The housing facility must provide adequate potable running water for the animals' drinking needs, for cleaning and for carrying out other husbandry requirements.

5. Storage.
A. Supplies of food and bedding must be stored outside the animal area and in a manner that protects the supplies from spoilage, contaminations, and vermin infestation. The supplies must be stored off the floor and away from the walls, to allow cleaning underneath and around the supplies. Foods requiring refrigeration must be stored accordingly, and all food must be stored in a manner that prevents contamination and deterioration of its nutritive value. All open supplies of food and bedding must be kept in leakproof containers with tightly fitting lids to prevent contamination and spoilage. Only food and bedding that is currently being used may be kept in the animal areas.

B. Chemicals used for normal husbandry practices, cleaning, disinfecting, and the like, that may be toxic to the animals must not be stored in food storage or food preparation areas, but may be stored in adjacent rooms or in secure cabinets in the animal areas. All chemicals and mixing containers must be clearly labeled.

C. All medications must be stored in clean, dust restricting cabinets with well fitting doors or other suitable container with well-fitting lid or top. All medications must be clearly marked, or labeled with patient's name and directions if issued for a specific animal. Manufacturers' labels, including expiration date, shall not be removed or defaced. Medications such as dips, and rinses and those marked for external use only, may be stored in the same cabinet but must be physically separated from other medications.

6. Drainage and waste disposal. Housing facility operators must provide for regular and frequent collection, removal and disposal of animal and food waste, bedding, debris, garbage, water, other fluids and wastes, and dead animals, in a manner that minimizes contamination and disease risks. Housing facilities must be equipped with disposal facilities and drainage systems that are constructed and operated so that animal waste and water are rapidly eliminated and animals stay dry. Disposal and drainage systems must minimize vermin and pest infestation, insects, odors and disease hazards. All drains must be properly constructed, installed, and maintained. If closed drainage systems are used, they must be equipped with traps and prevent the backflow of gases and the backup of sewage onto the floor. If the facility uses sump or settlement ponds, or other similar systems for drainage and animal waste disposal, the system must be located far enough away from the animal area of the housing facility to prevent odors, diseases, pests and vermin infestation. Standing puddles of water in animal enclosures and adjacent areas must be drained or mopped up so that the animals stay dry. Trash containers in housing facilities, food storage, and food preparation areas must be leakproof and must have tightly fitted lids on them at all times. Dead animals, animal parts, and animal waste must not be kept in food storage or food preparation areas, food freezers, food refrigerators, or animal areas.

7. Washrooms and sinks. Washing facilities such as washrooms, basins, sinks, or showers (as needed) must be provided for animal caretakers and must be readily accessible.

8. Fire detection and extinguishers.
A. All indoor housing facilities and the indoor portion of sheltered housing facilities shall be equipped with properly maintained smoke or heat detection devices and extinguishers. Type, number, and location of the detectors and extinguishers shall be in accordance with the National Fire Code and local fire codes.

(B) Indoor Housing Facilities.
1. Heating, cooling, and temperature. Indoor housing facilities for animals must be sufficiently heated and cooled when necessary to protect the animals from temperature extremes and to provide for their health and well-being. When animals are present, the ambient temperature in the facility must not fall below fifty degrees Fahrenheit (50oF) or ten degrees Celsius (10oC) for animals not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress or discomfort (such as short-haired breeds) and for sick, aged, young, or infirm animals, except as approved by the attending veterinarian. Dry bedding, solid resting boards or other methods of conserving body heat must be provided when temperatures are below fifty degrees Fahrenheit (50oF) or ten degrees Celsius (10oC). The ambient temperature must not fall below forty-five degrees Fahrenheit (45oF) or seven point two degrees Celsius (7.2oC) for more than four (4) consecutive hours when animals are present, and must not rise above eighty-five degrees Fahrenheit (85oF) or twenty-nine point five degrees Celsius (29.5oC) for more than four (4) consecutive hours when animals are present.

2. Ventilation. Indoor housing facilities for animals must be sufficiently ventilated at all times when animals are present to provide for their health and well-being, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation must be provided by windows, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air conditioning must be provided when the ambient temperature is eighty-five degrees Fahrenheit (85oF) or twenty-nine point five degrees Celsius (29.5oC) or higher. The relative humidity must be maintained at a level that ensures the health and well-being of dogs or cats housed in the facility, in accordance with the directions of the attending veterinarian and generally accepted professional and husbandry practices.

3. Lighting. Indoor housing facilities for animals must be lighted well enough to permit routine inspection, cleaning of the facility and observation of the animals. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and for the well-being of the animals. Primary enclosures must be placed so as to protect the animals from excessive light.

4. Interior surfaces. The floors and walls of indoor housing facilities and any other surfaces in contact with the animals, must be impervious to moisture. The ceilings of indoor housing facilities must be impervious to moisture or be replaceable, for example, a suspended ceiling with replaceable panels.

(C) Sheltered Housing Facilities.
1. Heating, cooling, and temperature. The sheltered part of sheltered housing facilities for animals must be sufficiently heated and cooled when necessary to protect the dogs and cats from temperature extremes and to provide for their health and well-being. The ambient temperature in the sheltered part of the facility must not fall below fifty degrees Fahrenheit (50 oF) or ten degrees Celsius (10 oC) for animals not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress and discomfort (such as short-haired breeds), and for sick, aged, young, or infirm animals, except as approved by the attending veterinarian. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below fifty degrees Fahrenheit (50 oF) or ten degrees Celsius (10 oC). The ambient temperature must not fall below forty-five degrees Fahrenheit (45 oF) or seven and two-tenths degrees Celsius (7.2 oC) for more than four (4) consecutive hours when animals are present and must not rise above eighty-five degrees Fahrenheit (85 oF) or twenty-nine and five-tenths degrees Celsius (29.5 oC) for more than four (4) consecutive hours when animals are present.

2. Ventilation. The enclosed or sheltered part of sheltered housing facilities for animals must be sufficiently ventilated when animals are present to provide for their health and well-being and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation must be provided by windows, doors, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air conditioning, must be provided when the ambient temperature is eighty-five degrees Fahrenheit (85 oF) or twenty-nine and five-tenths degrees Celsius (29.5 oC) or higher.

3. Lighting. Sheltered housing facilities for animals must be lighted well enough to permit routine inspection and cleaning of the facility and observation of the animals. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and for the well-being of the animals. Primary enclosures must be placed so as to protect the animals from excessive light.

4. Shelter from the elements. Animals must be provided with adequate shelter from the elements at all times to protect their health and well-being. The shelter structures must be large enough to allow each animal to sit, stand, and lie in a normal manner and to turn about freely.

5. Surfaces.
A. The following areas in sheltered housing facilities must be impervious to moisture:
(I) Indoor floor areas in contact with the animals;

(II) Outdoor floor areas in contact with the animals, when the floor areas are not exposed to the direct sun or are made of a hard material such as wire, wood, metal, or concrete; and

(III) All walls, boxes, houses, dens, and other surfaces in contact with the animals.

B. Outside floor areas in contact with the animals and exposed to the direct sun may not consist of bare dirt or sand and must have adequate drainage.

(D) Outdoor Housing Facilities.
1. Restrictions. The following categories of animals must not be kept in outdoor facilities, unless that practice is specifically approved by the attending veterinarian:
A. Animals that are not acclimated to the temperatures prevalent in the area or region where they are maintained;

B. Animal breeds that cannot tolerate the prevalent temperatures of the area without stress or discomfort (such as short-haired breeds in cold climates);

C. Sick, infirm, aged, or young animals; and

D. When their acclimation status is unknown, animals must not be kept in outdoor facilities when the ambient temperature is less than fifty degrees Fahrenheit (50 oF) or ten degrees Celsius (10 oC).

2. Shelter from the elements. Outdoor facilities for animals must include one (1) or more shelter structures that are accessible to each animal in each outdoor facility and that are large enough to allow each animal in the shelter structure to sit, stand, lie in a normal manner, and to turn about freely. In addition to the shelter structures, one (1) or more separate outside areas of shade must be provided by means of trees, permanent awnings, or suspended shade cloth or heavy duty tarps in good repair and firmly secured to a frame, large enough to contain all the animals at once and protect them from the direct rays of the sun. Tarps kept firmly secure and in good repair may be used as windbreaks. Shelters in outdoor facilities for animals must contain a roof, four (4) sides, and a floor and must-
A. Provide the animals with adequate protection and shelter from the cold and heat;

B. Provide the animals with protection from the direct rays of the sun and the direct effect of wind, rain, or snow;

C. Be provided with a wind break and rain break at the entrance; and

D. Contain clean, dry bedding material if the ambient temperature is below fifty degrees Fahrenheit (50 oF) or ten degrees Celsius (10 oC). Additional clean, dry bedding is required when the temperature is thirty-five degrees Fahrenheit (35 oF) or one and seven-tenths degrees Celsius (1.7 oC) or lower.

3. Construction. Building surfaces in contact with animals in outdoor housing facilities must be impervious to moisture. Metal barrels, cars, refrigerators or freezers, and the like must not be used as shelter structures. The floors of outdoor housing facilities may not be of bare dirt or sand; must have adequate drainage; and must be replaced if there are any prevalent odors, diseases, insects, pests, or vermin. All surfaces must be maintained on a regular basis. Surfaces of outdoor housing facilities, including houses, dens, and the like, that cannot be readily cleaned and sanitized, must be replaced when worn or soiled. If aggregate or fine gravel is used for flooring, it must be appropriate to the size of the dog.

(E) Mobile or Traveling Facilities.
1. Heating, cooling, and temperature. Mobile or traveling housing facilities for animals must be sufficiently heated and cooled when necessary to protect the animals from temperature extremes and to provide for their health and well-being. The ambient temperature in the mobile or traveling housing facility must not fall below fifty degrees Fahrenheit (50 oF) or ten degrees Celsius (10 oC) for animals not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress or discomfort (such as short-haired breeds) and for sick, aged, young, or infirm animals. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below fifty degrees Fahrenheit (50 oF) or ten degrees Celsius (10 oC). The ambient temperature must not fall below forty-five degrees Fahrenheit (45 oF) or seven point two degrees Celsius (7.2 oC) for more than four (4) consecutive hours when animals are present, and must not exceed eighty-five degrees Fahrenheit (85 oF) or twenty-nine point five degrees Celsius (29.5 oC) for more than four (4) consecutive hours when animals are present.

2. Ventilation. Mobile or traveling housing facilities for animals must be sufficiently ventilated at all times when animals are present to provide for the health and well-being of the animals and to minimize odors, drafts, ammonia levels, moisture condensation, and exhaust fumes. Ventilation must be provided by means of windows, doors, vents, fans, or air conditioning. Auxiliary ventilation such as fans, blowers, or air conditioning must be provided when the ambient temperature within the animal housing area is eighty-five degrees Fahrenheit (85 oF) or twenty-nine point five degrees Celsius (29.5 oC) or higher.

3. Lighting. Mobile or traveling housing facilities for animals must be lighted well enough to permit proper cleaning and inspection of the facility, and observation of the animals. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and for the well-being of the animals.

(F) Primary Enclosures. Primary enclosures for animals must meet the following minimum requirements:
1. General requirements.
A. Primary enclosures must be designed and constructed of suitable materials so that they are structurally sound. The primary enclosure must be kept in good repair.

B. Primary enclosures must be constructed and maintained so that they-
(I) Have no sharp points or edges that could injure the animals;

(II) Protect the animals from injury;

(III) Contain the animals securely;

(IV) Keep other animals from entering the enclosure;

(V) Enable the animals to remain dry and clean;

(VI) Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the animals;

(VII) Provide sufficient shade to shelter all the animals housed in the primary enclosure at one time;

(VIII) Provide all the animals with easy and convenient access to clean food and water;

(IX) Enable all surfaces in contact with the animals to be readily cleaned and sanitized in accordance with this rule, or be replaceable when worn or soiled;

(X) Have floors that are constructed in a manner that protects the animals' feet and legs from injury and that, if elevated construction, must be constructed of materials strong enough to prevent sagging and with a mesh small enough that will not allow the animals' feet to pass through any openings in the floor. If the floor of the primary enclosure is constructed of elevated flooring, a solid resting surface(s) or a perforated surface(s) with holes small enough to prevent any portion of the animals' feet or toes to pass through that, in the aggregate, is large enough to hold all the occupants of the primary enclosure at the same time comfortably must be provided; and

(XI) Provide sufficient space to allow each animal to turn about freely, to stand, sit, and lie in a comfortable, normal position, and to walk in a normal manner.

C. Any primary enclosure subject to the provisions of section 273.345, RSMo shall meet the following standards for elevated flooring:
(I) Wire strand flooring shall be prohibited;

(II) Slatted flooring must be flat, no less than one and one-half inches (1.5") in width, and constructed of materials strong enough to prevent sagging and with openings that will not allow the animals' feet to pass through any openings in the floor;

(III) Plastic flooring must be constructed of materials strong enough to prevent sagging and with openings that will not allow the animals' feet to pass through any openings in the floor;

(IV) Metal flooring coated with a flexible plastic surface must be constructed of materials strong enough to prevent sagging and with openings that will not allow the animals' feet to pass through any openings in the floor. The coating must be maintained in such a manner that the animal is not allowed to come into contact with the metal and

(V) Galvanized metal flooring must be constructed of materials strong enough to prevent sagging and with openings that will not allow the animals' feet to pass through any openings in the floor. Galvanized metal flooring must have a flat surface that is free of rust and sharp points;

2. Additional requirements for cats.
A. Space. Each cat, including weaned kittens, that is housed in any primary enclosure must be provided minimum vertical space and floor space as follows:
(I) Each primary enclosure housing cats must be at least twenty-four inches (24") high or sixty and ninety-six hundredths centimeters (60.96 cm). Temporary housing such as queening cages may be reduced to a height of eighteen inches (18") or forty-five and seventy-two hundredths centimeters (45.72 cm) to reduce injury to kittens;

(II) Cats up to and including eight and eight-tenths (8.8) pounds or four (4) kilograms must be provided with at least three (3.0) square feet or twenty-eight hundredths (0.28) square meters;

(III) Cats over eight and eight-tenths (8.8) pounds or four (4) kilograms must be provided with at least four (4.0) square feet or thirty-seven hundredths (0.37) square meters;

(IV) 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 as determined by the attending veterinarian. If the additional amount of floor space for each nursing kitten is equivalent to less than five percent (5%) of the minimum requirement for the queen, the housing must be approved by the state veterinarian; and

(V) 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.

B. Compatibility. All cats housed in the same primary enclosure must be compatible, as determined by observation. Not more than twelve (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 four (4) 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.

C. Litter. In all primary enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes.

D. Resting surfaces. Each primary enclosure housing cats must contain a resting surface(s) that, in the aggregate, is 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.
(I) 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. Floor space under low resting surfaces shall not be counted as floor space to meet the minimum space requirements.

(II) Elevated resting surfaces will not be required for short-term housing, housed three (3) months or less, facilities such as boarding kennels, commercial kennels, contract kennels, pet shops, and pounds or dog pounds, however, elevated resting surfaces may be properly installed to increase floor space to that required in this rule; and

3. Additional requirements for dogs.
A. Space.
(I) 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 six inches (6"); then divide the product by one hundred forty-four (144). The calculation is: (length of dog in inches plus six (6)) times (length of dog in inches plus six (6)) equals required floor space in square inches. Required floor space in inches divided by one hundred forty-four (144) equals required floor space in square feet.

(II) 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 the attending veterinarian. If the additional amount of floor space for each nursing puppy is less than five percent (5%) of the minimum requirement for the bitch, this housing must be approved by the state veterinarian.

(III) The interior height of a primary enclosure must be at least six inches (6") higher than the head of the tallest dog in the enclosure when it is in a normal standing position.

(IV) Permanent tethering of dogs is prohibited for use as a primary enclosure. Temporary tethering of dogs is prohibited for use as a primary enclosure unless written approval is obtained from the state veterinarian.

B. Compatibility. All dogs housed in the same primary enclosure must be compatible, as determined by observation. Not more than twelve (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 four (4) months of age may not be housed in the same primary enclosure with adult dogs, other than their dam or foster dam. Dogs with a vicious or aggressive disposition must be housed separately.

C. Additional space requirements for dogs subject to the provisions of section 273.345, RSMo, shall be based upon the minimum amount of floor space as calculated from part (1)(F)3.A.(I) of this rule and multiplied by factor or added to the total living area as prescribed in this rule.
(I) The minimum allowable space for primary enclosures subject to the provisions of section 273.345, RSMo, shall be calculated as follows:
(a) Dogs housed singly. Any dogs housed singly must have their minimum amount of floor space as calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of six (6);

(b) Dogs housed as a pair. Any dogs housed as a pair must have their minimum amount of floor space as calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of three (3);

(c) Dogs housed in small groups of three (3) to four (4). Any dogs housed in small groups of three (3) to four (4) shall have the largest two (2) dogs calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of three (3), with each additional dog being provided additional space at one hundred percent (100%) of the same formula; and

(d) Dogs housed in large groups of five (5) to six (6). Any dogs housed in large groups of five (5) to six (6) must have their minimum amount of floor space as calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of three (3). No more than six (6) adult dogs may be housed in the same primary enclosure. Common examples under part (1)(F)3.C.(I)

Single

Pair

Group of 3

Group of 4

Group of 5

Group of 6

18 inch dog

24 sq ft

24 sq ft

28 sq ft

32 sq ft

60 sq ft

72 sq ft

30 inch dog

54 sq ft

54 sq ft

63 sq ft

72 sq ft

135 sq ft

162 sq ft

42 inch dog

96 sq ft

96 sq ft

112 sq ft

128 sq ft

240 sq ft

288 sq ft

(II) Exemptions.
(a) Covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the space requirements of this rule for the purpose of documented treatment for veterinary purposes, provided that they meet space requirements under part (1)(F)3.A.(I) of this rule.

(b) Female covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the space requirements of this rule when they are within two (2) weeks of their whelping date and eight (8) weeks post parturition, provided that they meet space requirements under part (1)(F)3.A.(II) of this rule.

(2) Animal Health and Husbandry Standards.

(A) Compatible Grouping. Animals that are housed in the same primary enclosure must be compatible, with the following restrictions:
1. Females in heat (estrus) may not be housed in the same primary enclosure with males, except for breeding purposes;

2. Any animal exhibiting a vicious or overly aggressive disposition must be housed separately;

3. Puppies or kittens four (4) months of age or less may not be housed in the same primary enclosure with adult dogs or cats other than their dams or foster dams, except when permanently maintained in breeding colonies;

4. Dogs or cats may not be housed in the same primary enclosure with any other species of animals, unless they are compatible; and

5. Dogs and cats that have or are suspected of having a contagious disease must be isolated from healthy animals in the colony, as directed by the attending veterinarian. When an entire group or room of animals is known to have or believed to be exposed to an infectious agent, the group may be kept intact during the process of diagnosis, treatment, and control.

(B) Exercise for Dogs.
1. Animal shelters, boarding kennels, commercial kennels, commercial breeders, dealers, exhibitors, and voluntary licensees must develop, document, and follow an appropriate plan to provide dogs with an opportunity for exercise. In addition, the plan must be approved and signed by the licensee and the attending veterinarian. The plan must include written standard procedures to be followed in providing the opportunity for exercise. The plan must be made available to the state veterinarian or his/her designated representative upon request. The plan, at a minimum, must comply with each of the following:
A. Dogs housed individually. Dogs over twelve (12) weeks of age, except bitches with litters, housed, held, or maintained by any animal shelter, boarding kennel, commercial kennel, commercial breeder, dealer, exhibitor, or voluntary licensee must be provided the opportunity for exercise regularly if they are kept in individual cages, pens, or runs that provide less than two (2) times the required floor space for that dog, as prescribed in this rule.

B. Dogs housed in groups. Dogs over twelve (12) weeks of age housed, held, or maintained in groups by any dealer or exhibitor do not require additional opportunity for exercise regularly if they are maintained in cages, pens, or runs that provide in total at least one hundred percent (100%) of the required space for each dog if maintained separately. These animals may be maintained in compatible groups unless-
(I) In the opinion of the attending veterinarian, this housing would adversely affect the health or well-being of the dogs(s); or

(II) Any dog exhibits aggressive or vicious behavior.

2. Methods and period of providing exercise opportunity.
A. The frequency, method, and duration of the opportunity for exercise shall be determined by the attending veterinarian.

B. Licensees, in developing their plan, should consider providing positive physical contact with humans that encourages exercise through play or other similar activities. If a dog is housed, held, or maintained at a facility without sensory contact with another dog, it must be provided with positive physical contact with humans at least daily.

C. The opportunity for exercise may be provided in a number of ways, such as-
(I) Group housing in cages, pens, or runs that provide at least one hundred percent (100%) of the required space for each dog if maintained separately under the minimum floor space requirements of this rule;

(II) Maintaining individually housed dogs in cages, pens, or runs that provide at least twice the minimum amount of floor space required by this rule;

(III) Providing access to a run or open area at the frequency and duration prescribed by the attending veterinarian; or

(IV) Other similar activities.

D. Forced exercise methods or devices such as swimming, treadmills, or carousel-type devices are unacceptable for meeting the requirements of this section.

3. Exemptions. If, in the opinion of the attending veterinarian, it is inappropriate for certain dogs to exercise because of their health, condition, or well-being, the licensee may be exempted from meeting the requirements of this section for those specific dogs. This exemption must be documented by the attending veterinarian and, unless the basis for exemption is a permanent condition, must be reviewed and signed at least every thirty (30) days by the attending veterinarian.

4. Constant and unfettered access. Except as prescribed herein by rule, commercial breeders with more than ten (10) intact females must provide covered dogs with constant and unfettered access to an attached outdoor run.

The following general exemptions shall apply to constant and unfettered access:

A. Purposes of veterinary care. Covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the requirement of constant and unfettered access to outdoor exercise for the purpose of documented treatment for veterinary purposes;

B. Whelping. Female covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the requirement of constant and unfettered access to outdoor exercise when they are within two (2) weeks of their whelping date and eight (8) weeks post parturition;

C. Extreme weather. Covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the requirement of constant and unfettered access to outdoor exercise during extreme weather conditions as defined under 2 CSR 30-9.010(2)(CC);

D. Nocturnal predators. Covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the requirement of constant and unfettered access to outdoor exercise from dusk to dawn; and

E. Municipal zoning ordinances. Covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the requirement of constant and unfettered access to outdoor exercise to comply with municipal zoning ordinances.

(C) Feeding.
1. Animals must be fed at least once each twelve (12) hours, unless the dietary requirements of the species require a longer interval and except as otherwise might be required to provide adequate veterinary care. The food must be uncontaminated, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of the animal. The diet must be appropriate for the individual animal's age and condition.

2. Food receptacles used for animals must be readily accessible to all animals and must be located so as to minimize contamination by excreta and pests and be protected from rain and snow. Feeding pans must either be made of a durable material that can be easily cleaned and sanitized or disposable. If the food receptacles are not disposable, they must be kept clean and must be sanitized in accordance with this rule. If the food receptacles are disposable, they must be discarded after one (1) use. Self-feeders may be used for the feeding of dry food. If self-feeders are used, they must be kept clean and must be sanitized in accordance with this rule. Measures must be taken to ensure that there is no molding, deterioration, and caking of feed.

(D) Watering.
1. Each licensee subject to the provisions of section 273.345, RSMo, shall provide continuous access to potable water that is not frozen and is generally free of debris, feces, algae, and other contaminants.

2. If potable water is not continually available to the animals, it must be offered to the animals as often as necessary to ensure their health and well-being, but not less than once each eight (8) hours for at least one (1) hour each time, unless restricted by the attending veterinarian.

3. Water receptacles must be kept clean and sanitized in accordance with this rule and before being used to water a different animal or social grouping of animals.

(E) Cleaning, Sanitization, Housekeeping, and Pest Control.
1. Cleaning of primary enclosures.
A. Excreta and food waste must be removed from primary enclosures daily and from under primary enclosures as often as necessary to prevent an excessive accumulation of feces and food waste, to prevent soiling of the animals contained in the primary enclosures, and to reduce disease hazards, insects, pests, and odors.

B. When steam or water is used to clean the primary enclosure, whether by hosing, flushing, or other methods, animals must be removed unless the enclosure is large enough to ensure the animals would not be harmed, wetted, or distressed in the process.

C. Standing water must be removed from the primary enclosure and adjacent areas.

D. Animals in other primary enclosures must be protected from being contaminated with water and other wastes during the cleaning.

E. The pans under primary enclosures with elevated floors and the ground areas under raised runs must be cleaned as often as necessary to prevent accumulation of feces and food waste and to reduce disease hazards, pests, insects, and odors.

F. Any person required to have a license under sections 273.325 to 273.357, RSMo, who houses animals in stacked cages without an impervious barrier between the levels of such cages, except when cleaning such cages, is guilty of a class A misdemeanor.

2. Sanitization of primary enclosures and food and water receptacles.
A. Used primary enclosures and food and water receptacles must be cleaned and sanitized in accordance with this section before they can be used to house, feed, or water another animal, or social grouping of animals.

B. Used primary enclosures and food and water receptacles for animals must be sanitized at least once every two (2) weeks using one (1) of the methods prescribed in this section, and more often if necessary to prevent accumulation of dirt, debris, food waste, excreta, and other disease hazards.

C. Hard surfaces of primary enclosures and food and water receptacles must be sanitized using one (1) of the following methods:
(I) Live steam under pressure;

(II) Washing with hot water (at least one hundred eighty degrees Fahrenheit (180 oF) or eighty-two and two-tenths degrees Celsius (82.2 oC)) and soap or detergent, as with a mechanical cage washer; or

(III) Washing all soiled surfaces with appropriate detergent solutions and disinfectants, or by using a combination detergent/disinfectant product that accomplishes the same purpose, with a thorough cleaning of the surfaces to remove organic material, so as to remove all organic material and mineral build-up, and to provide sanitization followed by a clean water rinse.

D. Pens, runs, and outdoor housing areas using material that cannot be sanitized using the methods previously stated, such as gravel, sand, grass, earth, or absorbent bedding, must be sanitized by removing the contaminated material as necessary to prevent odors, diseases, pests, insects, and vermin infestation.

3. Housekeeping for premises. Premises where housing facilities are located, including buildings and surrounding grounds, must be kept clean and in good repair to protect the animals from injury, to facilitate the husbandry practices required in this rule, and to reduce or eliminate breeding and living areas from rodents and other pests and vermin. Premises must be kept free of accumulations of trash, junk, waste products, and discarded matter. Weeds, grasses, and bushes must be controlled so as to facilitate cleaning of the premises and pest control and to protect the health and well-being of the animals.

4. Pest control. An effective program for the control of insects, external parasites affecting dogs and cats, and birds and mammals that are pests must be established and maintained so as to promote the health and well-being of the animals and reduce contamination by pests in animal areas.

(F) Employees. Each person licensed under the provisions of the Animal Care Facilities Act (ACFA) and who is maintaining dogs or cats, or both, must have enough employees to carry out the level of husbandry practices and care required by this rule. The employees who provide for husbandry and care or handle animals must be properly trained in these activities to the degree that their work performance ensures all standards are met in maintaining of the animals. These employees shall be supervised by an individual who has the knowledge, background, and experience in proper husbandry and care of dogs and cats to supervise others. The employer must be certain that the supervisor and other employees can perform to these standards.

(G) Primary Enclosures When Homes Are Used as Animal Facilities.
1. General requirements. Homes used as an animal housing facility must be the homes normally occupied by the human inhabitant responsible for caring for the animal(s) and must be adequate and suitable for reasonable prudent humans to live in without health or injury risks above those expected in a well managed home. Houses shall not be compartmentalized except to restrict entry into areas which may be hazardous to the animals. Areas compartmentalized from the main living area occupied by the human inhabitants shall not be used as animal areas unless they meet the standards of indoor housing facilities. The temperature in home housing facilities must be maintained between sixty degrees and eighty-five degrees Fahrenheit (60 o-85 oF) at all times when animals are present.
A. Dogs and/or cats must be compatible to be housed in the same home.

B. The home must be equipped with smoke or heat detectors.

C. Homes must be kept free of fleas and ticks.

2. Space and additional requirements.
A. Cages or crates used to contain animals for short periods of time within the home must be large enough to permit the animal to stand, sit, lie, and turn around in a normal manner and must additionally meet the standards of primary enclosures used to transport live dogs or cats as specified in subsection (3)(B) of this rule.

B. Dogs shall not be caged or crated except:
(I) At night when the caregiver retires;

(II) For short periods of time when the caregiver is away from home or temporarily unable to supervise the animal; or

(III) When necessary for medical reasons.

C. Cats shall not be caged or crated unless necessary for medical reasons. If such confinement is expected to be in excess of twenty-four (24) hours, an elevated resting surface as specified in subparagraph (1)(F)2.D. of this rule must be provided unless such resting surface may aggravate the medical condition.

D. House pets being boarded or housed in homes other than their owner's shall not be tethered inside or outside the house. They shall be on a hand-held leash anytime they are outside the house except that dogs may be unleashed for short periods of time inside a properly fenced yard when under the supervision of the caregiver.

E. When pet animals are being boarded in homes, the pet owner must be permitted to meet the caregiver and see the home, and the area of the home, that the animal will be boarded in.

F. Animal wastes must be cleared from the exercise area on a regular basis and with a frequency that assures animals exercising in the area will not become soiled. If the inside of the home becomes soiled with animal waste, the waste must be cleared and the area cleaned immediately.

G. Animal must be placed in no less than a standard size room per animal. (For example, a four (4) room home will support no more than four (4) animals.)

(3) Transportation Standards.

(A) Consignments to Carriers and Intermediate Handlers.
1. Carriers and intermediate handlers must not accept a dog or cat for transport in commerce more than four (4) hours before the scheduled departure time of the primary conveyance on which the animal is to be transported. However, a carrier or intermediate handler may agree with anyone consigning a dog or cat to extend this time by up to two (2) hours. Animals obtained by intermediate handlers for boarding in conjunction with transportation are exempt from the four (4)-hour restriction.

2. Carriers and intermediate handlers must not accept a dog or cat for transport in commerce unless they are provided with the name, address, and telephone number of the consignee.

3. Carriers and intermediate handlers must not accept a dog or cat for transport in commerce unless the consignor certifies in writing to the carrier or intermediate handler that the dog or cat was offered food and water during the four (4) hours before delivery to the carrier or intermediate handler. The certification must be securely attached to the outside of the primary enclosure in a manner that makes it easily noticed and read. Instructions for no food or water are not acceptable unless directed by the attending veterinarian. Instructions must be in compliance with this rule. The certification must include the following information for each dog and cat:
A. The consignor's name and address;

B. The tag number or tattoo assigned to each dog or cat as required in 2 CSR 309;

C. The time and date the animal was last fed and watered and the specific instructions for the next feeding(s) and watering(s) for a twenty-four (24)-hour period; and

D. The consignor's signature and the date and time the certification was signed.

4. Carriers and intermediate handlers must not accept a dog or cat for transport in commerce in a primary enclosure unless the primary enclosure meets the requirements of this rule. A carrier or intermediate handler must not accept a dog or cat for transport if the primary enclosure is obviously defective or damaged and cannot reasonably be expected to safely and comfortably contain the dog or cat without causing suffering or injury.

5. Carriers and intermediate handlers must not accept a dog or cat for transport in commerce unless their animal holding area meets the minimum temperature requirements contained in this rule, or unless the consignor provides them with a certificate signed by a veterinarian and dated no more than ten (10) days before delivery of the animal to the carrier or intermediate handler for transport in commerce, certifying that the animal is acclimated to temperatures lower than those required in this rule. Even if the carrier or intermediate handler receives this certification, the temperatures the dog or cat is exposed to while in a terminal facility must not be lower than forty-five degrees Fahrenheit (45oF) or seven point two degrees Celsius (7.2oC) for more than four (4) consecutive hours when dogs or cats are present, as set forth in this rule, nor lower than forty-five degrees Fahrenheit (45oF) or seven point two degrees Celsius (7.2oC) for more than forty-five (45) minutes when moving dogs or cats to or from terminal facilities or primary conveyances. A copy of the certification must accompany the dog or cat to its destination and must include the following information:
A. The consignor's name and address;

B. The tag number or tattoo assigned to each dog or cat as required in 2 CSR 309;

C. A statement by a veterinarian, dated no more than ten (10) days before delivery, that to the best of his/her knowledge, each of the dogs and cats contained in the primary enclosure is acclimated to air temperatures lower than fifty degrees Fahrenheit (50oF) or ten degrees Celsius (10oC); but not lower than a minimum temperature, specified on a certificate, that the attending veterinarian has determined is based on generally accepted temperature standards for the age, condition, and breed of the dog or cat; and

D. The signature of the veterinarian and the date the certification was signed.

6. When a primary enclosure containing a dog or cat has arrived at the animal holding area at a terminal facility after transport, the carrier or intermediate handler must attempt to notify the consignee upon arrival and at least once in every six (6)-hour period after that. The time, date, and method of all attempted notifications and the actual notification of the consignee, and the name of the person who notifies or attempts to notify the consignee must be written either on the carrier's or intermediate handler's copy of the shipping document or on the copy that accompanies the primary enclosure. If the consignee cannot be notified within twenty-four (24) hours after the dog or cat has arrived at the terminal facility the carrier or intermediate handler must return the animal to the consignor or to whomever the consignor designates. If the consignee is notified of the arrival and does not accept delivery of the dog or cat within forty-eight (48) hours after arrival of the dog or cat, the carrier or intermediate handler must return the animal to the consignor or to whomever the consignor designates. The carrier or intermediate handler must continue to provide proper care, feeding, and housing to the dog or cat in accordance with generally accepted professional and husbandry practices until the consignee accepts delivery of the dog or cat or until it is returned to the consignor or to whomever the consignor designates. The carrier or intermediate handler must obligate the consignor to reimburse the carrier or intermediate handler for the cost of return transportation and care.

(B) Primary Enclosures Used to Transport Live Dogs and Cats. Any person subject to the ACFA shall 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 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 (1) or more sides with the words "Live Animals", in letters at least one inch (1") or two point five centimeters (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 this rule; and

I. The primary enclosure has a solid, leak-proof bottom or a removable, leak-proof collection tray under a slatted or wire floor that prevents seepage of waste products, such as excreta and body fluids, outside of the enclosure. If a slatted or wire 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 wire 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 this rule. If the dogs or cats are in transit for more than twenty-four (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 (2) opposing walls of the primary enclosure and the openings must be at least sixteen percent (16%) of the surface area of each such wall and the total combined surface area of the ventilation openings must be at least fourteen percent (14%) of the total combined surface area of all the walls of the primary enclosure; or

(II) Ventilation openings on three (3) walls of the primary enclosure, and the openings on each of the two (2) opposing walls must be at least eight percent (8%) of the total surface area of the two (2) walls, and the ventilation openings on the third wall of the primary enclosure must be at least fifty percent (50%) of the total surface area of that wall, and the total combined surface area of the ventilation openings must be at least fourteen percent (14%) of the total combined surface area of all the walls of the primary enclosure; or

(III) Ventilation openings located on all four (4) walls of the primary enclosure and the ventilation openings on each of the four (4) walls must be at least eight percent (8%) of the total surface area of each such wall, and the total combined surface area of the openings must be at least fourteen percent (14%) of total combined surface area of all the walls of the primary enclosure; and

(IV) At least one-third (1/3) 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 zero point seventy-five inch (0.75") or one point nine centimeters (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 ninety percent (90%) 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 four (4) 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 (1) live dog or cat, six (6) months of age or older, may be transported in the same primary enclosure when shipped via air carrier.

B. No more than one (1) live puppy, eight (8) weeks to six (6) months of age, and weighing over twenty (20) pounds or nine (9) kilograms may be transported in a primary enclosure when shipped via air carrier.

C. No more than two (2) live puppies or kittens, eight (8) weeks to six (6) months of age, that are of comparable size, and weighing twenty (20) pounds or nine (9) kilograms or less each may be transported in the same primary enclosure when shipped via air carrier.

D. Weaned live puppies or kittens less than eight (8) weeks of age and of comparable size, or puppies or kittens that are less than eight (8) weeks of age that are litter-mates 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 (4) live dogs or cats, eight (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 eight (8) weeks of age and of comparable size or puppies or kittens that are less than eight (8) weeks of age that are litter-mates 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; and

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 attached as required in this rule.

(C) Primary conveyances (motor vehicle, rail, air, and marine).
1. The animal cargo space of primary conveyances used to transport dogs and cats must be designed, constructed, and maintained in a manner that at all times protects the health and well-being of the animals transported in them, ensures their safety and comfort, and prevents the entry of engine exhaust from the primary conveyance during transportation.

2. The animal cargo space must have a supply of air that is sufficient for the normal breathing of all the animals being transported in it.

3. Each primary enclosure containing dogs or cats must be positioned in the animal cargo space in a manner that provides protection from the elements and that allows each dog or cat enough air for normal breathing.

4. During air transportation, dogs and cats must be held in cargo areas that are heated or cooled as necessary to maintain an ambient temperature that ensures the health and well-being of the dogs or cats. The cargo areas must be pressurized when the primary conveyance used for air transportation is not on the ground, unless flying under eight thousand feet (8,000'). Dogs and cats must have adequate air for breathing at all times when being transported.

5. During surface transportation, auxiliary ventilation, such as fans, blowers, or air conditioning, must be used in any animal cargo space containing live dogs or cats when the ambient temperature within the animal cargo space reaches eighty-five degrees Fahrenheit (85°F) or twenty-nine and five-tenths degrees Celsius (29.5°C). Moreover, the ambient temperature may not exceed eighty-five degrees Fahrenheit (85°F) or twenty-nine and five-tenths degrees Celsius (29.5°C) for more than four (4) hours; nor fall below forty-five degrees Fahrenheit (45°F) or seven and two-tenths degrees Celsius (7.2°C) for a period of more than four (4) hours.

6. Primary enclosures must be positioned in the primary conveyance in a manner that allows the dogs and cats to be quickly and easily removed from the primary conveyance in an emergency.

7. The interior of the animal cargo space must be kept clean.

8. Live dogs and cats may not be transported with any material, substance (for example, dry ice), or device in a manner that may reasonably be expected to harm the dogs and cats or cause inhumane conditions.

(D) Food and Water Requirements. This shall not apply to licensees such as boarding kennels or commercial kennels using local services for close proximity or intracity delivery of pets in connection with their normal services.
1. Each dog and cat that is sixteen (16) weeks of age or more must be offered food at least once every twenty-four (24) hours. Puppies and kittens less than sixteen (16) weeks of age must be offered food at least once every twelve (12) hours. These time periods apply to all persons licensed under the ACFA, except carriers and intermediate handlers, who transport dogs and cats in their own primary conveyance, starting from the time the dog or cat was last offered food and potable water before transportation was begun. These time periods apply to carriers and intermediate handlers starting from the date and time stated on the certificate required in this rule. Each dog and cat must be offered food and potable water within four (4) hours before being transported in commerce. Consignors who are subject to the ACFA must certify that each dog and cat was offered food and potable water within the four (4) hours preceding delivery of the dog or cat to a carrier or intermediate handler for transportation in commerce, and must certify the date and time the food and potable water was offered in accordance with this rule.

2. Any person licensed under the ACFA offering any dog or cat to a carrier or intermediate handler for transportation in commerce must securely attach to the outside of the primary enclosure used for transporting the dog or cat, written instructions for the in-transit food and water requirements for a twenty-four (24)-hour period for the dogs and cats contained in the enclosure. The instructions must be attached in a manner that makes them easily noticed and read.

3. Food and water receptacles must be securely attached inside the primary enclosure and placed so that the receptacles can be filled from outside the enclosure without opening the door. Food and water containers must be designed, constructed and installed so that a dog or cat cannot leave the primary enclosure through the food or water opening.

(E) Care in Transit.
1. Surface transportation (ground and water). Any person subject to the ACFA transporting dogs or cats in commerce must ensure that the operator of the conveyance or a person accompanying the operator, observes the dogs or cats as often as circumstances allow, but not less than once every four (4) hours, to make sure they have sufficient air for normal breathing, that the ambient temperature is within the limits set forth in this rule and that all applicable transportation standards are complied with. The regulated person must ensure that the operator or person accompanying the operator determines whether any of the dogs or cats are in obvious physical distress and obtains any veterinary care needed for the dogs or cats at the closest available veterinary facility.

2. Air transportation. During air transportation of dogs or cats it is the responsibility of the carrier to observe the dogs or cats as frequently as circumstances allow, but not less than once every four (4) hours if the animal cargo area is accessible during flight. If the animal cargo area is not accessible during flight, the carrier must observe the dogs or cats whenever they are loaded and unloaded and whenever the animal cargo space is otherwise accessible to make sure they have sufficient air for normal breathing, that the animal cargo area meets the heating and cooling requirements of this rule and that all other applicable standards in 2 CSR 30-9 are being complied with. The carrier must determine whether any of the dogs or cats are in obvious physical distress and arrange for any needed veterinary care as soon as possible.

3. If a dog or cat is obviously ill, injured or in physical distress, it must not be transported in commerce, except to receive veterinary care for the condition.

4. Except during the cleaning of primary enclosures as required in this rule, during transportation in commerce a dog or cat must not be removed from its primary enclosure, unless it is placed in another primary enclosure or facility that meets the requirements of this rule.

5. The transportation standards in this rule must be complied with until a consignee takes physical delivery of the dog or cat if the animal is consigned for transportation or until the animal is returned to the consignor.

(F) Terminal Facilities.
1. Placement. Any person subject to the ACFA must not commingle shipments of dogs or cats with inanimate cargo in animal holding areas of terminal facilities.

2. Cleaning, sanitization, and pest control. All animal holding areas of terminal facilities must be cleaned and sanitized in a manner prescribed in this rule, as often as necessary to prevent an accumulation of debris or excreta and to minimize vermin infestation and disease hazards. Terminal facilities must follow an effective program in all animal holding areas for the control of insects, ectoparasites, and birds and mammals that are pests to dogs and cats.

3. Ventilation. Ventilation must be provided in any animal holding area in a terminal facility containing dogs or cats, by means of windows, doors, vents, or air conditioning. The air must be circulated by fans, blowers, or air conditioning so as to minimize drafts, odors and moisture condensation. Auxiliary ventilation, such as exhaust fans, vents, fans, blowers, or air conditioning must be used in any animal holding area containing dogs and cats, when the ambient temperature is eighty-five degrees Fahrenheit (85 oF) or twenty-nine point five degrees Celsius (29.5 oC) or higher.

4. Temperature. The ambient temperature in an animal holding area containing dogs or cats must not fall below forty-five degrees Fahrenheit (45 oF) or seven point two degrees Celsius (7.2 oC), or rise above eighty-five degrees Fahrenheit (85 oF) or twenty-nine point five degrees Celsius (29.5 oC) for more than four (4) consecutive hours at any time dogs or cats are present. The ambient temperature must be measured in the animal holding area by the carrier, intermediate handler, or a person transporting dogs or cats who is subject to the ACFA, outside any primary enclosure containing a dog or cat at a point not more than three feet (3') or zero point ninety-one meters (0.91 m) away from an outside wall of the primary enclosure and approximately midway up the side of the enclosure.

5. Shelter. Any person subject to the ACFA holding a live dog or cat in an animal holding area of a terminal facility must provide the following:
A. Shelter from sunlight and extreme heat. Shade must be provided that is sufficient to protect the dog or cat from the direct rays of the sun; and

B. Shelter from rain or snow. Sufficient protection must be provided to allow the dogs and cats to remain dry during rain, snow, and other precipitation.

6. Duration. The length of time any person subject to the ACFA can hold dogs and cats in animal holding areas of terminal facilities upon arrival is the same as that provided in this rule.

(G) Handling.
1. Any person subject to the ACFA who moves (including loading and unloading) dogs or cats within, to or from the animal holding area of a terminal facility or a primary conveyance must do as quickly and efficiently as possible and must provide the following during movement of the dog or cat:
A. Shelter from sunlight and extreme heat. Sufficient shade must be provided to protect the dog or cat from the direct rays of the sun. The dog or cat must not be exposed to an ambient air temperature above eighty-five degrees Fahrenheit (85oF) or twenty-nine point five degrees Celsius (29.5oC) for a period of more than forty-five (45) minutes while being moved to or from a primary conveyance or a terminal facility. The temperature must be measured in the manner provided in this rule.

B. Shelter from rain and snow. Sufficient protection must be provided to allow the dogs and cats to remain dry during rain, snow, and other precipitation.

C. Transporting devices on which live dogs or cats are placed to move them must be covered to protect the animals when outdoor temperature falls below fifty degrees Fahrenheit (50oF) or ten degrees Celsius (10oC). The dogs or cats must not be exposed to an ambient temperature below forty-five degrees Fahrenheit (45oF) or seven point two degrees Celsius (7.2oC) for a period of more than forty-five (45) minutes unless they are accompanied by a certificate of acclimation to lower temperatures as provided in this rule. The temperature must be measured in the manner provided in this rule.

2. Any person handling a primary enclosure containing a dog or cat must use care and must avoid causing physical harm or distress to the dog or cat.
A. A primary enclosure containing a live dog or cat must not be placed on unattended conveyor belts or on elevated conveyor belts, such as baggage claim conveyor belts and inclined conveyor ramps that lead to baggage claim areas, at any time; except that a primary enclosure may be placed on inclined conveyor ramps used to load and unload aircraft if an attendant is present at each end of the conveyor belt.

B. A primary enclosure containing a dog or cat must not be tossed, dropped, or needlessly tilted and must not be stacked in a manner that may reasonably be expected to result in its falling. It must be handled and positioned in a manner that written instructions and arrows on the outside of the primary enclosure indicate.

3. This section applies to movement of a dog or cat from primary conveyance, within a primary conveyance or terminal facility, and to or from a terminal facility or a primary conveyance.

*Original authority: 273.344, RSMo 1992 and 273.346, RSMo 1992.

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