Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 30 - Animal Health › Chapter 9 - Animal Care Facilities › Section 2 CSR 30-9.010 - Animal Care Facilities Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes language which is
				  duplicative or otherwise unnecessary for use in licensing, operating, and
				  inspecting animal care facilities, and in some instances replacing redundant
				  language with concise wording.
(1) The terms defined in sections
				273.325
				and
				273.345,
				RSMo, in addition to other relative terms pertaining to animal care will be
				applied for use in
				2
				CSR 30-9.020 and 2 CSR
30-9.030.
(2) Definitions. As used in
				2 CSR
				30-9.020 and
				2 CSR
				30-9.030, the following terms shall mean:
(A) ACFA means the Animal Care Facilities
				Act;
(B) Adequate food means the
				provision, at suitable intervals of not more than twelve (12) hours, unless the
				dietary requirements of the species requires a longer interval, of a quantity
				of wholesome foodstuff, suitable for the species and age, enough to maintain a
				reasonable level of nutrition in each animal. All foodstuffs must be served in
				a safe receptacle, dish, or container;
(C) Adequate housing means the continuous
				provision of a sanitary facility, protection from the extremes of weather
				conditions, proper ventilation, and appropriate space (depending on the species
				of animal) as defined by the regulations of the United States Department of
				Agriculture (USDA) and this rule;
(D) Adequate water means the provision of a
				supply of potable water in a safe receptacle, dish, or container. Water shall
				be provided continuously or at intervals suitable to the species (intervals
				shall not exceed eight (8) hours);
(E) Adequate rest between breeding cycles
				means, at minimum, ensuring that female dogs are not bred to produce more
				litters in any given period than what is recommended by a licensed veterinarian
				as appropriate for the species, age, and health of the dog;
(F) Adopter means a person who is legally
				competent to enter into a contract and who is adopting or buying a dog or cat
				from a releasing agency;
(G) Adult
				animal means any dog or cat that has reached the age of one hundred eighty
				(180) days or six (6) months or more;
(H) Animal means any dog or cat used or
				intended for use for research, teaching, testing, breeding, exhibition
				purposes, or as a pet;
(I) Animal
				shelter means a facility used to house or contain animals, operated or
				maintained by an incorporated humane society, animal welfare society, society
				for the prevention of cruelty to animals, or other not-for-profit organization.
				An animal shelter is devoted to the welfare, protection, and humane treatment
				of animals; or a person whose primary purpose is to act as an animal rescue, to
				collect and care for unwanted animals, or to offer them for adoption is also
				included in this definition;
(J)
				Animal welfare official means any licensed veterinarian designated by and under
				the supervision of the state veterinarian, who administers or assists in the
				administration of the ACFA, or any appointee of the director and shall include
				all deputy state veterinarians;
(K) Attending veterinarian means any Doctor of
				Veterinary Medicine who has a valid license to practice veterinary medicine in
				Missouri issued by the Missouri Veterinary Medical Board and who has a written
				agreement to perform specified services for a licensee;
(L) Auction means any person selling any consignment
				of dog(s) or cat(s) to the highest bidder. This shall include any means,
				procedure, or practice in which the ownership of a dog or cat is conveyed from
				one (1) person to another by any type or method of bidding process. Auction
				sales shall be considered as brokers and must be licensed as dealers under the
				ACFA;
(M) Boarding kennel means a
				place or establishment, other than a pound or animal shelter, where animals,
				not owned by the proprietor, are sheltered, fed, and watered in return for a
				consideration. This term shall include all boarding activities regardless of
				name used, such as, but not limited to, pet sitters. However, boarding kennel
				shall not include hobby or show breeders who board intact females for a period
				of time for the sole purpose of breeding the intact females, and shall not
				include individuals who temporarily, and not in the normal course of business,
				board or care for animals owned by other individuals;
(N) Business hours means a reasonable number of hours
				between seven o'clock in the morning and seven o'clock in the evening (7:00
				a.m.-7:00 p.m.), Monday through Friday, except legal state holidays, each week
				of the year, during which inspections may be made;
(O) Carrier means the operator of any airline,
				aircraft, railroad, motor carrier, shipping line, or other enterprise which is
				engaged in the business of transporting any animals for hire;
(P) Cat means any live or dead Felis
				catus;
(Q) Commercial breeder
				means a person, other than a hobby or show breeder, engaged in the business of
				breeding animals for sale or for exchange in return for a consideration, and
				who harbors more than three (3) intact females for the primary purpose of
				breeding animals for sale;
(R)
				Commercial kennel means any kennel which performs grooming or training services
				for animals, and may or may not render boarding services in return for a
				consideration;
(S) Contract kennel
				means any facility operated by any person or entity other than the state or any
				political subdivision of the state, for the purpose of impounding or harboring
				seized, stray, homeless, abandoned, or unwanted animals, on behalf of and
				pursuant to a contract with the state or any political subdivision;
(T) Covered dog means any individual of the
				species of the domestic dog, Canis lupus familiaris, or resultant hybrids, that
				is over the age of six (6) months and has intact sexual organs;
(U) Dealer means any person who is engaged
				in the business of buying for resale, selling, or exchanging animals, as a
				principal or agent, or who holds him/herself out to be so engaged or is
				otherwise classified as a dealer by the USDA as defined by the regulations of
				the USDA;
(V) Director means the
				director of the Missouri Department of Agriculture;
(W) Dog means any live or dead Canis lupus
				familiaris;
(X) Euthanasia means
				the act of putting an animal to death in a humane manner and shall be
				accomplished by a method specified as acceptable by the American Veterinary
				Medical Association Panel on Euthanasia;
(Y) Examination means a complete physical evaluation
				from head to tail of a covered dog or cat by a licensed veterinarian to include
				auscultation, palpation, and a visual inspection in which the heart rate,
				respiratory rate, breeding soundness, and the results of palpation are assessed
				and recorded as indicated on the forms provided;
(Z) Exhibitor means any person (public or private)
				exhibiting any dog or cat to the public for compensation or for a consideration
				of any kind whether directly or indirectly. This term excludes pet shops who
				are exhibiting only the animals for sale to the general public if exhibited
				only within the licensed facility;
(AA) Exotic animals for the purpose of the ACFA means
				any member of the families Canidae or Felidae not indigenous to Missouri or any
				hybrid descendant of any member of the families Canidae or Felidae crossed with
				any Canis lupus familiaris or Felis catus;
(BB) Extreme weather means outdoor temperatures above
				eighty-five degrees Fahrenheit (85 °F) or below forty-five degrees
				Fahrenheit (45 °F) or during a severe weather alert;
(CC) Hobby or show breeder means a noncommercial
				breeder who breeds dogs or cats with the primary purpose of exhibiting or
				showing dogs or cats, improving the breed or selling the dogs or cats, and
				having no more than ten (10) intact females. These breeders shall be classified
				as a hobby or show breeder if they sell only to other breeders or to
				individuals. Hobby or show breeders are exempt from the licensure and
				inspection requirements, but must register annually with the director for the
				purpose of establishing that these persons are hobby or show breeders, at no
				cost to the hobby or show breeders. A breeder who buys or sells any animal for
				the primary purpose of resale does not qualify as a hobby or show breeder.
1. Registered hobby or show breeders are
				those meeting the definition in this subsection.
2. Licensed hobby or show breeders are those
				meeting the definition in this subsection with the exception of having more
				than ten (10) intact females. Licensed hobby or show breeders shall be required
				to pay the same license and per capita fees and meet the same rules, standards,
				and inspection requirements as the commercial breeders;
(DD) Housing facility means any land,
				premises, shed, barn, building, trailer, or other structure or area housing or
				intended to house animals;
(EE)
				Impervious surface means a surface that does not permit the absorption of
				fluids;
(FF) Indoor housing
				facility means any structure or building with environmental controls, housing
				or intended to house animals and meeting the following requirements:
1. It must be capable of controlling the
				temperature within the building or structure within the limits set forth for
				that species of animal, of maintaining humidity levels of thirty to seventy
				percent (30-70%), and of rapidly eliminating odors from within the
				building;
2. It must be an
				enclosure created by the continuous connection of a roof, floor, and walls (a
				shed or barn set on top of the ground does not have a continuous connection
				between the walls and the ground unless a foundation and floor are provided);
				and
3. It must have at least one
				(1) door for entry and exit that can be opened and closed (any windows or
				openings which provide natural light must be covered with a transparent
				material such as glass or hard plastic);
(GG) Inspector means any person employed by the
				department who is authorized to perform a function under the ACFA and these
				rules, or any animal welfare official as defined in this rule;
(HH) Intact female means, with respect to
				the dog, a female between the ages of six (6) months and ten (10) years that
				can be bred. With respect to the cat, a female between the ages of six (6)
				months and eight (8) years that can be bred;
(II) Intermediate handler means any person engaged in
				any business in which s/he receives custody of animals through boarding,
				ownership, or brokering in connection with their transportation in commerce,
				excluding persons licensed under the ACFA who are transporting animals only in
				the normal course of conducting their licensed business;
(JJ) Licensee means any animal shelter, boarding
				kennel, commercial breeder, commercial kennel, contract kennel, dealer,
				intermediate handler, pet shop, and pound or dog pound licensed according to
				the provisions of the ACFA;
(KK)
				Necessary veterinary care means, at minimum, examination at least once yearly
				by a licensed veterinarian, prompt treatment of any serious illness or injury
				by a licensed veterinarian, and where needed, humane euthanasia by a licensed
				veterinarian using lawful techniques deemed acceptable by the American
				Veterinary Medical Association;
(LL) Outdoor housing facility means any structure,
				building, land, or premises, housing or intended to house animals, which does
				not meet the definition of any other type of housing facility provided in the
				rules, and in which temperatures cannot be controlled within set
				limits;
(MM) Person means any
				individual, partnership, firm, joint venture, corporation, association, limited
				liability company, trust, estate, receiver, syndicate, or other legal
				entity;
(NN) Pet means any species
				of the domestic dog, Canis lupus familiaris, or resultant hybrids, normally
				maintained in or near the household of the owner thereof;
(OO) Pet shop means any facility where animals are
				bought, sold, exchanged, or offered for retail sale to the general
				public;
(PP) Pound or dog pound
				means a facility operated by the state or any political subdivision of the
				state for the purpose of impounding or harboring seized, stray, homeless,
				abandoned, or unwanted animals;
(QQ) Primary enclosure means any structure or device
				used to restrict an animal(s) to a limited amount of space, such as a room,
				pen, run, cage, compartment, pool, hutch, or tether;
(RR) Registrant means any hobby or show breeder who
				has properly registered with the director according to the provisions of the
				ACFA;
(SS) Regular exercise means
				the type and amount of exercise sufficient to comply with an exercise plan that
				has been approved by a licensed veterinarian, developed in accordance with
				regulations regarding exercise promulgated by the Missouri Department of
				Agriculture, and where such plan affords the dog maximum opportunity for
				outdoor exercise as weather permits;
(TT) Retail pet store means a person or retail
				establishment open to the public where dogs are bought, sold, exchanged, or
				offered for retail sale directly to the public to be kept as pets, but that
				does not engage in any breeding of dogs for the purpose of selling any
				offspring for use as a pet;
(UU)
				Sanitize means to make physically clean and to remove and destroy, to the
				maximum degree that is practical, agents injurious to health;
(VV) Serious illness or injury means a
				condition or injury that would likely result in significant pain or progression
				of disease if not addressed within twenty-four (24) hours and would require
				daily or continuing treatment as determined by a veterinarian;
(WW) Sheltered housing facility means a
				housing facility which provides the animal with shelter, protection from the
				elements, and protection from temperature extremes at all times. A sheltered
				housing facility may consist of runs or pens totally enclosed in a barn or
				building, or of connecting inside/outside runs or pens with the inside pens in
				a totally enclosed building;
(XX)
				Standards means the requirements set forth in
				2 CSR
				30-9.020 through
				2 CSR
				30-9.030;
(YY) State means Missouri;
(ZZ) State veterinarian means the state veterinarian
				of Missouri;
(AAA) Sufficient food
				and clean water means access to appropriate nutritious food at least twice a
				day sufficient to maintain good health, and continuous access to potable water
				that is not frozen and is generally free of debris, feces, algae, and other
				contaminants;
(BBB) Sufficient
				housing, including protection from the elements, means the continuous provision
				of a sanitary facility, the provision of a solid surface on which to lie in a
				recumbent position, protection from the extremes of weather conditions, proper
				ventilation, and appropriate space in accordance with regulations of the
				Missouri Department of Agriculture;
(CCC) Sufficient space to turn and stretch freely, lie
				down, and fully extend his or her limbs means having appropriate space in
				accordance with regulations of the Missouri Department of
				Agriculture;
(DDD) Transporting
				vehicle means any truck, car, trailer, airplane, ship, or railroad car used for
				transporting animals;
(EEE) USDA
				means the United States Department of Agriculture;
(FFF) Weaned means that an animal has become
				accustomed to taking solid food and has done so, without nursing, for a period
				of at least five (5) days; and
(GGG) Wire strand flooring means pliable metallic
				strands in any length or diameter, mesh or grill-type, with or without a
				coating, and used for a surface on which an animal stands.