Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 30 - Animal Health › Chapter 9 - Animal Care Facilities › Section 2 CSR 30-9.020 - Animal Care Facility Rules Governing Licensing, Fees, Reports, Record Keeping, Veterinary Care, Identification, and Holding Period

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes regulations which are
				  obsolete or duplicative. Further, this amendment removes the requirements of
				  the voluntary Blue Ribbon Kennel program in order that kennels recognized with
				  this designation can have best management practices defined in
				  policy.
(1) Application for
				License and Conditions of Issuing.
(A) Any
				person or organization operating an animal shelter, boarding kennel, commercial
				kennel, contract kennel, pet shop, pound or dog pound, or acting as a dealer,
				commercial breeder, intermediate handler or exhibitor in Missouri, must have a
				valid license issued by the director in accordance with the Animal Care
				Facilities Act (ACFA).
(B) Any
				person seeking a license under the provisions of the ACFA shall-
1. Apply on a form furnished by the
				director;
2. Be at least eighteen
				(18) years of age;
3. Provide all
				information requested on the application form, including a valid mailing
				address through which the licensee or applicant can always be reached and a
				valid premises address where animals, animal facilities, equipment, and records
				shall be inspected for compliance;
4. File the completed application form with
				the director;
5. Submit the
				appropriate fee as calculated in section (2) of this rule; and
6. Obtain a separate license for each
				separate physical facility requiring a license according to the ACFA.
(C) The following persons are
				exempt from the licensing fees and inspection requirements:
1. Persons engaged in breeding dogs and cats
				who harbor three (3) or less intact females; and
2. Registered hobby and show breeders, with
				proof of show.
(D)
				Pounds or dog pounds are exempt from the licensing fees but must meet all other
				standards in 2 CSR 30-9 and will be inspected at least annually.
(E) Any person exempt from the licensing
				requirements may voluntarily apply for a license, but shall comply with all
				rules and standards of the ACFA. A voluntary license may be surrendered at any
				time the licensee so desires.
(F)
				The director may refuse to issue or renew or may revoke or suspend a license on
				any one (1) or more of the following grounds:
1. Material and deliberate misstatement on
				the application for any original license or for any renewal license;
2. Conviction of any violation of any state
				or federal law on the disposition or treatment of animals;
3. The failure of any person to comply with
				any provision of the ACFA, or any of the provisions of the standards in 2 CSR
				30-9; or
4. The refusal to allow
				the inspector free and unrestricted access to inspect any ACFA required
				records, or any animal, premises, facility, area, equipment, or
				vehicle.
(G) An
				applicant whose check is returned by the bank will be charged a fee of fifteen
				dollars ($15) for each returned check. An applicant shall not receive a license
				until payment has cleared normal banking procedures. A delay of up to thirty
				(30) days or more may be expected if a personal check is used for payment of
				fees.
(H) Operation of an animal
				shelter, boarding kennel, commercial kennel, contract kennel, pet shop, pound
				or dog pound, or activity as a commercial breeder, dealer, intermediate
				handler, or exhibitor (other than a limited show or exhibit) without a valid
				license is a class A misdemeanor.
(I) All premises licensed under the ACFA shall be
				inspected at least once each year, or upon a complaint to the department about
				a particular facility. The validity of the complaint will be determined by the
				state veterinarian.
(J) All
				licensees or applicants for a license or license renewal must make his/her
				facilities, animals, premises, and records available for inspection during
				business hours or at other times mutually agreeable, in writing, to the
				applicant and the animal welfare official designated by the state veterinarian.
				If the licensee's or applicant's facilities, animals, premises, procedures, or
				records do not meet the requirements in 2 CSR 30-9.020 through
				2 CSR
				30-9.030, the applicant will be advised in writing of
				existing deficiencies and the corrective measures that must be completed in a
				timely manner to be in compliance with the standards. Persons or facilities
				which subsequently fail two (2) consecutive rein-spections for an original
				violation shall be charged a fee of one hundred dollars ($100), which shall be
				paid before subsequent inspections will be made or the renewal of that person's
				or facility's license.
(K) The
				Department of Agriculture shall not retain, contract with, or otherwise utilize
				the services of the personnel of any nonprofit organization for the purpose of
				inspection or licensing of any animal shelter, pound or dog pound, boarding
				kennel, commercial kennel, contract kennel, commercial breeder, hobby or show
				breeder, or pet shop under sections
				273.325
				to
				273.357,
				RSMo.
(L) A licensee or applicant
				for a license shall not interfere with, threaten, abuse (including verbal
				abuse), or harass any inspector or state or federal official while carrying out
				his/her duties.
(M) A license
				shall be issued to specific persons for specific premises, facilities, and
				operations and does not transfer upon change of ownership, nor is it valid at a
				different location. Otherwise, a license issued under 2 CSR 30-9 shall be valid
				and effective unless-
1. The license has been
				revoked or suspended pursuant to section
				273.329,
				RSMo;
2. The license is voluntarily
				terminated by the written request of the licensee to the director;
3. The license has expired or has otherwise
				been terminated under 2 CSR 30-9.020; or
4. The applicant did not pay the license fee
				as required.
(N) There
				will be no refund of fees if a license is terminated for any reason before its
				expiration.
(O) Licensees must
				accept delivery of registered mail or certified mail notice and provide the
				director notice of any change of address.
(P) All licenses will expire on January 31 each year
				and will automatically terminate at midnight on that date unless the properly
				completed application with the appropriate fee has been received by the
				director. A person whose license has been automatically terminated shall not
				conduct any activity unless a valid license has been duly issued.
(Q) A license which is suspended or revoked
				under 2 CSR 30-9 shall be surrendered to the director. If the license cannot be
				found, the licensee shall provide a written statement so stating to the
				director.
(R) Contested cases and
				other matters involving licensees and the director, or his designee, may be
				informally resolved by consent agreement, settlement, stipulation, consent
				order, or default.
(S) Whenever
				the state veterinarian or a state animal welfare official finds past violations
				of sections
				273.325
				to
				273.357,
				RSMo, have occurred and have not been corrected or addressed, including
				operating without a valid license under section
				273.327,
				RSMo, the director may request the attorney general or the county prosecuting
				attorney or circuit attorney to bring an action in circuit court in the county
				where the violations have occurred for a temporary restraining order,
				preliminary injunction, permanent injunction, or a remedial order enforceable
				in a circuit court to correct such violations and, in addition, the court may
				assess a civil penalty in an amount not to exceed one thousand dollars ($1,000)
				for each violation. Each violation shall constitute a separate
				offense.
(T) A person commits the
				crime of canine cruelty if such person repeatedly violates sections
				273.325
				to
				273.357,
				RSMo, so as to pose a substantial risk to the health and welfare of animals in
				such person's custody or knowingly violates an agreed-to remedial order
				involving the safety and welfare of animals under this section. The crime of
				canine cruelty is a class C misdemeanor, unless the person has previously pled
				guilty or nolo contendere to or been found guilty of a violation of this
				subsection, in which case, each such violation is a class A misdemeanor.
1. The attorney general or the county
				prosecuting attorney or circuit attorney may bring an action under sections
				273.325
				to
				273.357,
				RSMo, in circuit court in the county where the crime has occurred for criminal
				punishment.
2. No action under this
				section shall prevent or preclude action taken under section
				578.012,
				RSMo, or under subsection 3 of section
				273.329,
				RSMo.