Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 1 - Licensing › Section 35:55-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Adult animal"
means an intact female animal
				  twelve (12) months of age or older;
"Animal"
means a dog or a cat;
"Animal shelter"
means any facility that
				  maintains ten or more dogs and cats operated by or under contract for the
				  state, a county, a municipal corporation, or any other political subdivision of
				  the state for the purpose of impounding or harboring seized, stray, homeless,
				  abandoned or unwanted dogs or cats; and any facility that maintains ten or more
				  dogs and cats operated, owned, or maintained by any person or organization for
				  such purpose, but not including any facility that does not house or harbor dogs
				  or cats on the premises and only operates through a system of fostering in
				  private homes;
"Animal shelter license"
means a license issued
				  to any applicant that qualifies and is licensed as an animal shelter
				  operator;
"Animal shelter operator"
means any individual,
				  entity, association, trust, or corporation that operates a facility that
				  maintains ten or more dogs and cats for the purpose of impounding or harboring
				  seized, stray, homeless, abandoned or unwanted dogs or cats, but not including
				  any facility that does not house or harbor dogs or cats on the premises and
				  only operates through a system of fostering in private homes;
"Board"
means the State Board of
				  Agriculture;
"Cat"
means a mammal that is wholly or partly of
				  the species Felis domesticus;
"Commercial breeder"
and
"commercial pet
				  breeder"
mean any individual, entity, association, trust, or corporation
				  who possesses eleven or more intact female animals for the use of breeding or
				  dealing in animals for direct or indirect sale or for exchange in return for
				  consideration;
"Commercial pet breeder license"
means a license
				  issued to any person that qualifies and is licensed as a commercial pet
				  breeder;
"Department"
means the Oklahoma Department of
				  Agriculture, Food, and Forestry;
"Dog"
means a mammal that is wholly or partly of
				  the species Canis familiaris;
"Facility"
means the premises used by one or
				  more animal shelter operators orcommercial breeders . The term includes all
				  buildings, property, and confinement areas in a single location used to conduct
				  the animal sheltercommercial breeding business;
"Family member"
means the parent, spouse, child,
				  or sibling of an individual;
"Humane society"
means a nonprofit organization
				  exempt from federal income taxation as an organization described in Section
				  501(c)(3), Internal Revenue Code of 1986, as amended, that has as a principal
				  purpose the prevention of animal cruelty or the sheltering of, caring for, and
				  providing of homes for lost, stray, and abandoned animals;
"Inspector"
means an authorized agent of the
				  Board or any other qualified person authorized by the Department to conduct
				  inspections;
"Intact female animal"
means a female animal,
				  nine (9) months of age or older, and not spayed;
"Kitten"
means a cat less than twelve (12)
				  months old;
"Local animal control authority"
means a
				  municipal or county animal control office with authority over the premises in
				  which an animal is kept or, in an area that does not have an animal control
				  office, the county sheriff;
"Marketing"
means the solicitation for sale of
				  animals;
"Necessary veterinary care"
means at least one
				  personal visual inspection annually by a veterinarian licensed in Oklahoma,
				  guidance from a licensed veterinarian on preventative care, an exercise plan is
				  approved by a licensed veterinarian, normal and prudent attention to skin,
				  coat, and nails, prompt treatment of any illness or injury, and where needed,
				  humane euthanasia by a licensed veterinarian using lawful techniques deemed
				  acceptable by the American Veterinary Medical Association. If, during the
				  course of a routine personal visual inspection, the licensed veterinarian
				  detects signs of disease or injury in an animal, then a physical examination of
				  the animal shall be conducted by the licensed veterinarian.
"Noncommercial breeder"
means any individual,
				  entity, association, trust, or corporation who possesses ten or fewer intact
				  female animals for the use of breeding or dealing in animals for direct or
				  indirect sale or for exchange in return for consideration;
"Owner"
means a person who owns ten percent
				  (10%) or more of the ownership interest in a commercial pet breeder facility,
				  directly or indirectly, in an entity.
"Person"
means any individual, association,
				  trust, corporation, limited liability company, partnership, or other
				  entity;
"Pet"
means a dog or cat, including a puppy or
				  kitten;
"Possess"
means to have custody of or control
				  over, but shall not include custody or control over an animal by a person who
				  is not a resident of Oklahoma and is in Oklahoma for the sole purpose of
				  attending a competitive show or event held in Oklahoma;
"Puppy"
means a dog less than twelve (12) months
				  old;
"Recipient"
means a purchaser, adopter, or any
				  other person who receives a pet.
"Veterinarian"
means a person currently licensed
				  to practice veterinary medicine in Oklahoma.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13