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