These Colorado regulations accompany the Pet Animal Care and Facilities Act.  The provisions concerning the licensing of pet animal facilities such as shelters, kennels, and breeders.  The care of various pet animals, including cats, dogs, rabbits, ferrets, mice, rats, reptiles, and fish is covered under the act.

These Colorado regulations accompany the Pet Animal Care and Facilities Act.  The provisions concerning the licensing of pet animal facilities such as shelters, kennels, and breeders.  The care of various pet animals, including cats, dogs, rabbits, ferrets, mice, rats, reptiles, and fish is covered under the act.

1201-11. Pet Animal Care and Facilities Act

RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE PET ANIMAL CARE AND FACILITIES ACT

INDEX

SUBJECT             SECTION

General Definitions and Abbreviations .................................... 1.00

Application for Licensure and Conditions for Licensure ................... 2.00

Facility License Requirements ............................................ 3.00

License Fees ............................................................. 4.00

Annual Report by Licensee ................................................ 5.00

Copies of Rules and Regulations .......................................... 6.00

Notification of Change Concerning Licensure Information .................. 7.00

Activity by Persons/Facilities Whose Licenses Have Been Suspended or

  Revoked ................................................................ 8.00

Disciplinary Actions and Denial of Licensure ............................. 9.00

Inspections ............................................................. 10.00

Retail and Wholesale Pet Animal Dealership Regulations .................. 11.00

Dog Breeder Facility Regulations ........................................ 12.00

Bird Breeder Facility Regulations ....................................... 13.00

Cat Breeder Facility Regulations ........................................ 14.00

Pet Grooming Facility Regulations ....................................... 15.00

Pet Animal Boarding and/or Training Facility Regulations ................ 16.00

Animal Rescue Facility Regulations ...................................... 17.00

Animal Shelter Facility Regulations ..................................... 18.00

Small Animal Breeder Facility Regulations and Ferret Breeder Facility

  Regulations ........................................................... 19.00

Statements of Basis, Specific Statutory Authority & Purpose ............. 25.00

1.00 DEFINITIONS AND ABBREVIATIONS

A. "PACFA" - the Pet Animal Care and Facilites Act, §§ 35-80-101 through 117, C.R.S. (1999 Supp.).

B. "Commissioner" - the Colorado Commissioner of Agriculture.

C. "Department" - the Colorado Department of Agriculture.

D. "facility" - those portions of all buildings, yards, pens, and other areas at a single location in which any animals are kept, handled, or transported for the purpose of adoption, breeding, boarding, grooming, handling, selling, sheltering, trading or otherwise transferring animals.

E. "person" - an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust; partnership, or association, or any other legal entity.

F. "water resistant" - that which repels water. The following materials and substances shall be considered water resistant: painted or sealed wood surfaces; sealed concrete; sealed cement blocks; stainless steel; vinyl flooring; glass; treated or sealed paneling; fiberglass; tile; tile blocks; and other materials approved by the Commissioner on a case by case basis after demonstrating that the material is water resistant.

G. "isolation" - the separation, for the period of communicability, of infected animals from others in such place and under such conditions as to prevent the direct or indirect conveyance of the infectious agent from those infected to those which are susceptible or which may spread the agent to others.

H. "isolation area" - a place separate where conditions can be established to adequately control or contain modes of transmission of disease such as (but not limited to) contamination with feces and bodily secretions, fomites, and arthropod vectors.

I. "isolation room" - same as isolation area above but a contained environment separated with full walls and doors, having a separate air environment exhausting outside with no admixture in the general circulation.

J. "Ferret hobby breeder facility" - any facility which transfers no more than twenty-four ferrets per year or breeds no more than two litters per year, whichever is greater.

K. "sell, transfer, or adopt underage animals" - the acceptance by a licensee or exchange between licensees of underage animals which have been abandoned or relinquished shall not constitute a sale, transfer, or adoption for the purposes of PACFA § 35-80-108. In such acceptance or exchange, the underage animals shall be kept with the dam, whenever possible.

L. "zoological park" - a facility accredited by the American Zoo and Aquarium Association and/or licensed as a zoological park pursuant to § 33-4- 102(13)(a), C.R.S., as amended.

M. "research institute" - a governmental or private institution that uses or intends to use live animals in research, tests, or experiments for scientific investigation or in a systematic search for facts.

N. "nonhuman primate" - all animals in the families Lemuridae, Indriidae, Daubentoniidae, Lorisidae, Tarsiidae, Cebidae, Callithricidae, Cercopithecidae, and Pongidae.

2.00 APPLICATION FOR LICENSURE AND CONDITIONS FOR LICENSURE

A. Any person operating a pet animal facility as defined in § 35-80-102(11) of PACFA must have a valid license issued by the Commissioner in accordance with PACFA and these rules and regulations.

B. Any person seeking a license under PACFA shall apply on a form furnished by the Commissioner. The applicant shall provide all information requested on the form, including, but not limited to, a valid mailing address through which the applicant can be reached, and a valid premises address where animals, animal facilities, and records are located. All premises, facilities, or sites where an applicant operates or keeps animals shall be shown on the application form. The application shall be filed with the Commissioner and must be accompanied by the appropriate fee, as set forth in Section 4.00 below.

C. An applicant shall obtain a separate license for each separate physical facility requiring a license by PACFA.

D. Pursuant to § 35-80-103(2), the following are exempt from the licensing fees and inspection requirements of PACFA and these rules and regulations:

1. Any veterinary hospital which boards pet animals for the purpose of veterinary care only and does not actively solicit boarding in any way;

2. Any research facility, circus, or publicly or privately owned zoological park or petting zoo, licensed or registered under the provisions of the federal "Animal Welfare Act of 1970," 7 U.S.C. § 2131, et seq., as amended;

3. Any bird hobby breeder facility as defined in § 35-80-102(1) of PACFA, canine hobby breeder as defined in § 35-80-102(2), feline hobby breeder facility as defined in § 35-80-102(8), small animal hobby breeder facility as defined in § 35-80-102(12), or any other hobby breeder facility as defined in Section 1.00 above;

4. Any pet animal training facility where the pet animal owner or such owner's designee, other than a training facility operator, is present during the duration of the animal's stay;

5. Any kennel operated for the breeding or sale or racing of racing greyhounds that are not intended to be companion pets;

6. Any facility licensed pursuant to Article 60 of Title 12, C.R.S. for the racing of greyhounds;

7. Any wildlife regulated by the Colorado Division of Wildlife or the Colorado Department of Natural Resources; and

8. Livestock, as defined in § 35-80-102(9) of PACFA. For the purposes of PACFA, pigeons shall be considered livestock, specifically, poultry.

9. Any owner, breeder, handler, or trainer while exhibiting or competing at any event licensed, regulated, or sanctioned by the American Kennel Club, United Kennel Club, or any other nationally recognized registering organization.

E. A license shall be issued to any applicant who has met the requirements of PACFA, paid the required annual license fee, and passed the application inspection or annual inspection, except as set forth in § 35-80-112 of PACFA and Section 9.00 below.

3.00 FACILITY LICENSE REQUIREMENTS

A. Each applicant for a pet animal facility license shall submit an application providing all required information in the form and manner required by the Commissioner.

B. Each location of a pet animal facility shall be separately licensed. The classifications of licensure are: Retail and Wholesale Pet Animal Dealership; Dog Breeder Facility; Bird Breeder Facility; Cat Breeder Facility; Pet Grooming Facility; Pet Animal Boarding and/or Training Facility; Animal Rescue Facility; Animal Shelter; Small Animal Breeder Facility; and Ferret Breeder Facility.

C. If a pet animal facility operates under more than one business name from a single location:

1. No additional pet animal facility license shall be required for the different business names;

2. The pet animal facility operator must maintain separate records pursuant to § 35-80-107 and to these rules and regulations for each business name; and

3. The name of each business providing services that are related to those of a pet animal facility shall be listed with the Commissioner on the application in the form and manner designated. The Commissioner may require that a separate fee be paid for each such business name.

D. If a pet animal facility operates more than one business from a single location, which businesses would constitute more than one classification of licensure:

1. The classification of licensure issued shall be that which has the highest annual fee.

2. In the event the annual fees are the same, the classification of licensure issued shall be that to which the licensee devotes the majority of the licensee's facility space.

3. Each business operated, no matter the classification of licensure held, shall comply with all rules and regulations pertaining to each classification which would correspond to the business. For example, a pet animal boarding facility holds a Pet Animal Boarding Facility license, but from the same location performs grooming services. Such facility must comply with both the Pet Animal Boarding Facility rules and regulations and the Pet Grooming Facility rules and regulations; the boarding business regulated by the former and the grooming business regulated by the latter.

E. Licenses issued pursuant to PACFA and these rules and regulations shall not be transferable.

F. A license issued under PACFA and these rules and regulations shall be valid unless.

1. The license has been revoked or suspended pursuant to § 35-80-112 of PACFA and Section 9.00 of these rules and regulations;

2. The license is voluntarily surrendered by written request of the licensee to the Commissioner, and such surrender is accepted by the Commissioner;

3. The license has expired or has otherwise terminated by operation of law as set forth in § 35-80-106 and Section 3.00 G of these rules and regulations; or

4. The applicant or licensee failed to pay the license fee or the instrument of payment was returned from the bank.

G. There will be no refund of fees if a license is invalidated for any reason before its expiration.

H. All licenses shall expire each year on the first working day of March and will automatically terminate at midnight April 1. If the renewal application is not postmarked on or before the first working day of March for the year of renewal, a penalty fee of 10 percent (10%) of such renewal fee will be assessed. No license shall be renewed until the renewal fee and any penalty fee are paid. Any person whose license has been automatically terminated shall not conduct any activity for which a license is required by PACFA until all requirements for issuing such license have been met and a valid license has been duly issued.

I. Any person who seeks reinstatement of a license that has been automatically terminated must follow the procedures required of new applicants for a license, as set forth in Section 2.00.

J. A license which is invalid under PACFA and Section 9.00 of these rules and regulations shall be returned to the Commissioner. If the license cannot be found, the licensee shall provide a written statement to the Commissioner so stating.

4.00 LICENSE FEES

A. In addition to the application for a license or a license renewal, each applicant or licensee shall submit to the Commissioner an annual license fee and the fee for any additional business name as set by the Commissioner.

B. Any applicant whose check is returned by the bank will be referred to collections through the State's collections process. An application or renewal which is accompanied by a check that is returned by the bank will be deemed an incomplete application or renewal, and no license will be issued.

C. If the license fee for a public animal shelter is overly burdensome, a public animal shelter may petition the Commissioner yearly, at each application, in written form, to waive said fee.

D. The PACFA license fees shall be:

1. Pet Retail/Wholesale $300;

2. Aquarium only $250;

3. Pet Boarding/Training $300;

4. Network Pet Boarding Facility $200;

5. Pet Handler $100;

6. Pet Grooming $250;

7. Pet Animal Shelter $300;

8. Dog Breeder Small Scale Operation $275;

9. Dog Breeder Large Scale Operation $300;

10. Cat Breeder $250;

11. Common Bird Breeder $100;

12. Uncommon Bird Breeder $200;

13. Small Animal Breeder $275;

14. Pet Animal Rescue $100.

5.00 ANNUAL REPORT BY LICENSEE

Each year, within thirty (30) days prior to the expiration of every license (the first working day of March), the licensee shall file with the Commissioner an application for license renewal and the appropriate fee. The following facilities shall also submit an annual report on form(s) furnished by the Commissioner: dog breeder facility, bird breeder facility, cat breeder facility, animal shelter, animal rescue, ferret breeder facility, and small animal breeder facility.

6.00 COPIES OF RULES AND REGULATIONS

A copy of PACFA and these rules and regulations will be available to all applicants, upon request, and at the expense of the applicant.

7.00 NOTIFICATION OF CHANGE CONCERNING LICENSURE INFORMATION

A licensee shall promptly notify the Commissioner by mail of any change in the name, address, substantial control or ownership in the operation of the licensed business, or of additional sites, within fifteen (15) days of the change.

8.00 ACTIVITY BY PERSONS/FACILITIES WHOSE LICENSES HAVE BEEN SUSPENDED OR REVOKED

A. Any person whose license has been suspended or revoked shall not conduct any activity for which a license is required by PACFA during the period in which the suspension or revocation is in effect.

B. Any person whose license has been suspended or revoked may apply in writing to the Commissioner for reinstatement of that person's license.

9.00 DISCIPLINARY ACTIONS AND DENIAL OF LICENSURE

A. A license will not be issued to any applicant who:

1. Is not in total compliance with PACFA and these rules and regulations, including payment of fees.

a. An initial applicant for licensure will be allowed a maximum of three (3) inspections within a time period to be determined by the Commissioner. Failure of these three inspections will result in denial of licensure, requiring the applicant to reapply. The initial license fee shall not be returned upon denial of licensure, and any subsequent reapplication(s) shall be accompanied with the proper license fee.

b. An initial applicant shall not conduct any activity for which a license is required by PACFA until such license is issued.

c. Subsequent applications by a person who has been denied a license under the Section shall be considered as an initial application, subject to the provisions of Section 2.00 above.

d. Persons denied a license under this Section may reapply after twelve (12) months from the date of the last failed inspection.

e. Any applicant whose initial license has been denied may request a hearing in accordance with PACFA and the State Administrative Procedure Act for the purpose of showing why the application should not be denied. If the license denial is upheld, the applicant may reapply for licensure twelve months from the date of the denial.

2. Has had a license revoked within the prior two years or is currently under suspension.

B. In addition to those grounds set forth in § 35-80-112 of PACFA, the Commissioner may issue letters of admonition, deny, suspend, refuse to renew, restrict, or revoke any license for the following grounds:

1. Submitting falsified information or making a material and deliberate misstatement on the application for any original license or for any renewal license, including, but not limited to, failing to identify all facilities, failing to provide full violation history, or providing a false name or address.

2. Making false or fraudulent statements or providing false or fraudulent records to the Commissioner.

3. Having been fined, sentenced to jail, convicted, or having entered a plea of guilty or plea of no contest under any local, state or federal law pertaining to the importation or capture of animals, or cruelty, neglect or abuse of animals.

4. Failure to comply with any provisions of these rules and regulations.

5. Refusal to allow the inspector designated by the Commissioner free and unimpeded access upon consent or upon obtaining an administrative search warrant to inspect those portions of all buildings, yards, pens, and other areas in which any animals are kept, handled, or transported for the purpose of carrying out any provision of PACFA or these rules and regulations and to all records required to be kept and may make copies of such records for the purpose of carrying out any provision of PACFA or these rules and regulations.

6. Failure on three (3) consecutive reinspections for an original violation.

10.00 INSPECTIONS

A. All facilities licensed under PACFA may be inspected upon application, routinely thereafter, and upon a complaint to the Commissioner or the Department about a particular facility. The validity of the complaint will be determined by the Commissioner.

B. All licensees or applicants for licensure or license renewal must make their respective facilities, animals, and records available for inspection during business hours or at other times mutually agreeable, in writing, to the Commissioner. The licensee or applicant shall also provide the inspector with sufficient space to examine records and write the inspector's report. If the licensee's or applicant's facilities, animals, procedures, or records do not meet the requirements of PACFA or these rules and regulations, the licensee or applicant will be advised in writing of existing deficiencies and the corrective measure that must be completed in a timely manner to be in compliance with PACFA and these rules and regulations. The licensee or applicant shall submit a written plan to complete the required corrective measures. Failure on three (3) consecutive reinspections for an original violation shall constitute an additional ground for discipline, as defined in Section 9.00 immediately above.

C. Should the licensee require the inspector to wear special clothing, or to perform special sanitization measures beyond those specified in the rules and regulations that follow, the licensee shall provide all such special clothing or special sanitization measures at the licensee's own expense.

D. Each licensee shall keep and maintain records in the form and manner designated by the Commissioner. Such records shall be retained for a period of two years and shall be kept at the address specified in the license application.

E. An applicant for a license or a licensee shall not interfere with, threaten, abuse (including verbal abuse), or harass any inspector, or state or federal official while such inspectors or officials are carrying out their duties.

11.00 RETAIL AND WHOLESALE PET ANIMAL DEALERSHIP REGULATIONS

A. FACILITY STANDARDS

1. Definition of Pet Animal Dealership. "Pet animal dealership" as used herein means any place or premise used in whole or in part, whether on a permanent or temporary basis, for the sole or exclusive purpose of either wholesale commerce or retail sale, trading, bartering, or otherwise transferring pet animals to the public.

a. Licensure for retail and wholesale pet animal dealerships. There shall be one subclassification for pet animal dealerships:

Retail Aquarium Only Pet Animal Dealerships: Facilities that trade, sell, barter, or otherwise transfer only fish or other aquatic pet animals, not including reptiles and amphibians, to the public. The determination of licensing of facilities within this subclassification shall be at the sole discretion of the Commissioner.

b. Bird hobby breeders, canine hobby breeders, feline hobby breeders, and small animal hobby breeders who do not transfer pet animals in excess of the limits established in PACFA § 35-80-102 or ferret hobby breeders who do not transfer over 24 ferrets per year shall not be considered a pet animal dealership.

c. In addition to the traditional pet shop or wholesaler, pet animal dealerships shall include the keeping for transfer or the transfer of pet animals at temporary facilities ("temporary pet animal dealerships") such as flea markets, mobile facilities, department stores, merchandise outlets, discount outlets, pet animal shows conducting a sale, and other types of retail outlets.

2. License Requirements:

a. No person shall operate a pet animal dealership unless the person holds a valid license issued by the Commissioner pursuant to PACFA and Sections 2.00 and 3.00 of these rules and regulations. The twelve month license period shall commence the first working day of March and must be renewed on or before the first working day of March the following calendar year.

b. Any person who imports or causes to be imported any pet animal for the purpose of sale, resale, trade, or barter shall be licensed pursuant to PACFA.

c. A pet animal facility operating a mobile adoption site must be either licensed as a shelter or rescue, or as a pet animal dealership.

d. On the application for licensure, temporary pet animal dealerships shall identify themselves as such and shall provide a street address for each place or premise at which they keep or transfer pet animals.

3. Structural Plan Evaluation:

a. Plan Submission. Detailed plans and specifications shall be submitted to the Department whenever it is proposed to erect or extensively remodel any pet animal dealership, specifically any remodeling that requires a building permit and affects a minimum of 25% of the square footage of the existing facility. Plans pertaining to upgrades which are only electrical or plumbing in nature will not require a plan submission. Each pet animal dealer or person intending to become a pet animal dealer shall be responsible for submitting all plans and specifications. Plans shall be approved or disapproved by the Department, typically within 10 working days of submission. Approval of plans and specifications is necessary before construction can begin and final approval of the constructed facility is necessary before operation can start.

b. Plan Specification Content Requirements. Final plans and specifications shall comply with these rules and regulations and shall include schedules describing the ventilation system, plumbing fixtures and floor, wall, and ceiling finishes. Plans need not be professionally drawn, providing the plans are legible, drawn or sketched to consistent scale, with dimensions indicated, accurately depicting the intended construction or remodeling.

c. Temporary pet animal dealerships are exempt from the requirements to submit plans to the Department. They shall, however, comply with the standards set forth in these rules and regulations. Temporary pet animal dealerships shall notify the Commissioner in writing 10 working days in advance of all scheduled dates of sales and the corresponding sales location(s).

4. Physical Facility Standards:

a. Structural Standards. Each pet animal dealership shall:

(1) Be constructed of building materials that will ensure the establishment of a sound physical structure.

(2) Be maintained in good repair.

(3) Protect animals kept there from injury, restrict entry of other animals from outside and ensure containment of animals within the pet animal dealership.

b. Interior Building Surfaces. Interior building surfaces, including walls, ceilings, and floors, shall be constructed so as to be water resistant and capable of being readily cleaned and maintained. Any request for exception to this provision by a temporary pet animal dealership shall be made by petition to the Commissioner.

c. Electric Power. Electric power shall be provided. Any request for exception to this provision by a temporary pet animal dealership shall be made by petition to the Commissioner.

d. Water. Potable water for drinking purposes shall be provided, with a back flow prevention device installed on any threaded faucets where hoses may be attached for cleaning the facility or on the main water line serving the facility. Any request for exception to this provision by a temporary pet animal dealership shall be made by petition to the Commissioner.

e. Washrooms and Sinks. Readily accessible washrooms or sinks shall be provided, convenient to all work areas, to ensure maintenance of personal hygiene by animal caretakers. A sink in good repair shall be provided for washing and sanitizing equipment and utensils. Single service soap and towel dispensers must be available at all hand washing sinks. Any request for exception to this provision by a temporary pet animal dealership or a fish store shall be made by petition to the Commissioner.

f. Heating and Cooling. Housing for pet animals shall be sufficiently heated or cooled when necessary to protect animals from cold or heat to provide for their health. The ambient temperature shall be consistent with the requirements of the specific pet animals. Heating shall be deemed necessary when the inside ambient temperature of the facility falls below 50 degrees Fahrenheit for a period of 4 consecutive hours and cooling shall be deemed necessary when the temperature of the facility rises above 85 degrees Fahrenheit.

g. Ventilation. All facilities housing pet animals shall be adequately ventilated with fresh or filtered air to minimize drafts, odors and moisture condensation and to provide for the health and comfort of the animals at all times. Ventilation shall be provided by either natural or mechanical means. The necessary equipment or comparable means shall be provided to exhaust the air from the animal area to outside of the building.

h. Lighting. Uniformly distributed natural and/or artificial lighting shall be provided to permit routine inspection and to facilitate routine cleaning and the proper care and maintenance of the pet animals. Lighting shall be so arranged as to protect each animal from excessive illumination.

i. Sewage Disposal. Sewage and waste shall be disposed of by connection of drains to a sanitary sewer or a state, county or locally approved sewage disposal system. Drainage systems shall be provided with back flow prevention devices on submersible inlets and hair traps, if required by law, on all plumbing lines in animal areas where hoses may be attached for cleaning of the facility.

j. In-house Grooming Facilities. When a grooming service is offered by the pet animal dealership, the grooming work area shall be physically separated from primary animal enclosures, animal food storage areas, and isolation areas for housing sick animals. Any request for exception to this provision by a temporary pet animal dealership shall be made by petition to the Commissioner.

k. Isolation Area. All pet animal dealerships must have an isolation area where animals that are infected with a contagious disease or are suspected of being infected will be segregated from the rest of the pet animal population. Unless a specific exemption is obtained from the Commissioner the isolation area shall be a separate room with separate ventilation.

B. PET ANIMAL PRIMARY ENCLOSURE STANDARDS

1. Definition:

Primary enclosures are those animal enclosures in which the animal normally rests or sleeps (also referred to as temporary housing).

2. Structural Requirements:

a. General. Primary enclosures shall be structurally sound and maintained in good repair to protect the animals from injury, to contain them, and to keep predators out. Primary enclosures shall be constructed such that they can be routinely maintained to allow animals to stay dry and clean (as appropriate for the species) and to provide convenient access to clean food and water.

b. Cage/Kennel Floors. The floor of the primary enclosure shall be constructed to prevent injury to the animals' feet and legs. Enclosures for pet animals may have wire flooring provided that the wire is of adequate gauge to prevent sagging under the animals' weight and the mesh is small enough to prevent their feet from passing through.

c. Cleaning Requirements. All the surfaces of the primary enclosure must be constructed of a material that is water resistant and can be cleaned and sanitized.

d. Space Requirements. All primary enclosures shall allow each pet animal to turn around, exercise normal postural movements, and to experience necessary socialization with cage mates. The following minimum space requirements shall be met:

(1) CATS:

Size    Weight (lbs.)

Small   <= 2

Medium  2-5

Large   6-10

                  Number of Animals

Area (sq. ft.)  Small   Medium  Large

2               3       2       1

3               6       3       2

4               10      4       3

(a) If the floor of the primary enclosure is constructed of wire, a solid resting surface or surfaces that, in the aggregate, are large enough to hold all the occupants at the same time must be provided.

(b) A solid resting surface or surfaces must be provided in any primary enclosures for cats. The resting surface must be elevated high enough that a cat can fit underneath. For primary enclosures with a solid floor, a hooded litter box is satisfactory as a resting surface.

(c) If a litterbox is utilized which is not hooded, the space taken by the litterbox shall not be included in the calculation of total area. (For example, a requirement of 2 sq. ft. would be 2 sq. ft. plus the space taken by the litterbox.)

(d) The height of the primary enclosure shall be such that the cat can stand up and exercise normal postural movements.

(e) Minimum space requirements for cats weighing over 10 pounds will be determined by the Commissioner on an individual basis.

(2) DOGS

Size    Weight (lbs.)

Small   1-10

Medium  11-20

Large   21-30

                Number of Animals

Area (sq. ft.)  Small   Medium  Large

4               2       1       None

5               2       2       1

(a) The height of the primary enclosure shall be such that the dog can stand up and exercise normal postural movements.

(b) Enclosures may have grated flooring provided that the grated material is of adequate gauge to prevent sagging under the weight of the animals. In the event that a dog's feet are small enough to pass through the grated flooring or the dog displays discomfort in standing on the grated surface, then each primary enclosure shall contain a solid resting surface. Solid resting surfaces shall be water resistant, be able to be easily cleaned and sanitized, and shall be one sq. ft. minimum for small and medium dogs, and two sq. ft. minimum for large dogs.

(c) Minimum space requirements for dogs weighing over 30 pounds will be determined by the Commissioner on an individual basis.

(d) Doubling of the minimum space requirements permits doubling of the number of small, medium and large dogs, respectively, that can be housed therein.

(e) The licensee shall have a plan on file providing for the exercise of puppies that are over 16 weeks of age or over 12 inches in height at the shoulders.

(3) RABBITS

Size    Weight (lbs.)

Small   <=2

Medium  2-5

Large   5-12

                Number of Animals

Area (sq. ft.)  Small   Medium  Large

2.5             4       2       0

4               8       4       1

6               12      6       2

(a) The minimum height of the primary enclosure shall be 14 inches.

(b) The floor of the rabbit's primary enclosure shall be 1/2 inch x 1 inch galvanized, welded steel grid. If a rabbit develops pododermatitis (foot problems) a partial solid floor resting surface shall be provided.

(c) No aquariums shall be used. In the event of new technology which afford ventilation of the aquarium, the licensee may petition the Commissioner for an exemption to this provision.

(d) Cedar shavings shall not be used as a litter material.

(4) GUINEA PIGS

Size    Weight (gms.)

Small   <= 350

Medium  351-700

Large   >= 701

                            Number of Animals

Area (sq. in.) [FNa1]       Small             Medium     Large

288 [FNa1]                  4                 3     2

360 [FNa1]                  6                 4     3

432 [FNa1]                  7                 5     4

624 [FNa1]                  10                7     6

FNa1. Minimum space requirements (area measured in sq. in.) figures for

guinea pigs, hamsters and gerbils, rats, and mice are equivalent to standard

  aquarium sizes as follows: 10, 20 high, 20 long, 30, and 55 gallon.

(a) The minimum height of the primary enclosure shall be 12 inches for retail dealerships and 7 inches for wholesale dealerships.

(b) Guinea pigs shall only be housed in primary enclosures with a solid floor. Cedar shavings will not be used as a litter material.

(5) HAMSTERS AND GERBILS

Size    Weight (gms.)

Small   < 60

Medium  61-100

Large   > 100

                           Number of Animals

Area (sq. in.) [FNa1]      Small             Medium    Large

288 [FNa1]                 29                18    15

360 [FNa1]                 36                22    19

432 [FNa1]                 43                27    23

624 [FNa1]                 62                39    32

FNa1. Minimum space requirements (area measured in sq. in.) figures for

guinea pigs, hamsters and gerbils, rats, and mice are equivalent to standard

aquarium sizes as follows: 10, 20 high, 20 long, 30, and 55 gallon.

(a) The minimum height of the primary enclosure shall be 5 1/2 inches for dwarf species. For all other animals, the minimum height of the primary enclosure shall be 12 inches for retail dealerships and 6 inches for wholesale dealerships.

(b) Hamsters and gerbils shall only be housed in primary enclosures with a solid floor. Cedar shavings will not be used as a litter material.

(6) RATS

Size    Weight (gms.)

Small   < 100

Medium  101-300

Large   > 301

                            Number of Animals

Area (sq. in.) [FNa1]       Small             Medium     Large

200 [FNa1]                  16                12     8

288 [FNa1]                  24                18     12

360 [FNa1]                  30                22     15

432 [FNa1]                  36                27     18

624 [FNa1]                  52                39     26

FNa1. Minimum space requirements (area measured in sq. in.) figures for

guinea pigs, hamsters and gerbils, rats, and mice are equivalent to standard

aquarium sizes as follows: 10, 20 high, 20 long, 30, and 55 gallon.

(a) The minimum height of the primary enclosure shall be 7 inches, however, the animals shall be able to reach food and water.

(b) Rats shall only be housed in primary enclosures with a solid floor. Cedar shavings will not be used as a litter material.

(c) Minimum space requirements for rats over 500 grams will be determined by the Commissioner on an individual basis.

(7) MICE

Size    Weight (gms.)

Small   <= 15

Medium  16-25

Large   > 25

                            Number of Animals

Area (sq. in.) [FNa1]       Small             Medium     Large

200 [FNa1]                  50                40     33

288 [FNa1]                  72                58     48

360 [FNa1]                  90                72     60

432 [FNa1]                  108               86     72

624 [FNa1]                  156               125     104

FNa1. Minimum space requirements (area measured in sq. in.) figures for

guinea pigs, hamsters and gerbils, rats, and mice are equivalent to standard

aquarium sizes as follows: 10, 20 high, 20 long, 30, and 55 gallon.

(a) The minimum height of the primary enclosure shall be 5 1/2 inches.

(b) Mice shall only be housed in a primary enclosure with a solid floor. Cedar shavings will not be used as a litter material.

(8) FERRETS

           Cage Dimensions    (in.)   (sq. in.)  (sq. ft.)  of

Cage Type  Length    Width    Height  Area       Area  Animals  Comments

Small      24        12       14      288        2  3

Medium     24        24       14      576        4  6

2-story    24        24       16      864        6  9        Single

          sleeping

          platform

3-story    24        24       34      1152       8  12       2 sleeping

          platforms

55 gal.    48        13       20      624        4.3  10       Screen top

          aquarium

(a) The minimum space and housing requirements for ferrets over 4 months of age will be determined by the Commissioner on an individual basis.

(b) A single sleeping platform is equivalent to 288 sq. in. of floor space. A hammock may be utilized as a sleeping platform.

(c) Cedar shavings will not be used as a litter material.

(d) Ferret Cages. Primary enclosures for ferrets when constructed using a steel mesh shall be of small enough mesh to prevent humans from putting their fingers into the cage and to prevent the ferret from being able to get its snout through the mesh. Other suitable cage designs are subject to approval by the Department.

(9) CHINCHILLAS

           Cage Dimensions    (in.)   (sq. in.)  (sq. ft.)  of

Cage Type  Length    Width    Height  Area       Area  Animals  Comments

Small      24        12       14      288        2  2

Medium     24        24       14      576        4  3

2-story    24        24       16      864        6  4        Single

          perching

          platform

3-story    24        24       34      1152       8  6        2 perching

          platforms

(a) The minimum height of the primary enclosure shall be 12 inches.

(b) There must be sufficient space within the primary enclosure for a minimum of one sleeping house and a dust bath bowl.

(c) Cedar shavings will not be used as a litter material.

(d) A single perching platform is equivalent to 288 sq. in. of floor space.

(10) Minimum space requirements for exotic animals such as hedgehogs, spiny mice, deer mice, etc. will be determined by the Commissioner on an individual basis.

3. Specialty Enclosures:

a. Display Cases. Display cases may be utilized as primary enclosures during the workday; however, animals may not be kept in display cases overnight unless the display case also meets the requirements of and functions as a primary enclosure.

(1) Display cases must be constructed of a material that is water resistant and can be cleaned and sanitized.

(2) Display cases must be well constructed and kept in good repair.

(3) The area around the display case must be well ventilated to prevent odor buildup.

b. Bird Cages. Primary enclosures for birds (cages) shall be maintained in good repair and constructed of metal or other water resistant material which can be cleaned and sanitized.

(1) Minimum Space Requirements

(a) The cage must be large enough to provide full body extension without contact with the confines. The cage must be wide enough in at least one direction to accommodate completely stretched wings.

(b) A single well-placed perch may be adequate for Psittacines ie., the bird can stand completely upright on the perch without having the head contact the ceiling of the cage and at the same time not having the tail contact the floor or grate. For those species, such as Finches, Canaries, etc. that prefer flying or jumping to climbing, two perches, one at each end of the cage, must be provided. Perches must be strategically placed to prevent droppings from contaminating other birds and the birds' food and water and to also prevent the bird's tail from coming into contact with the food and water.

(c) Minimum space requirements for multiple birds housed temporarily depends on the calculated Housing Density Factor and the overall length of the bird as measured from the tip of the tail to the top of the head.

The following calculation will be used to determine the number of birds that can be housed in a given cage:

L x W x H / Density Factor = total length of birds permitted. Total length of birds permitted / length of bird = number of birds allowed in that size cage

Housing Density Factor Table:

Species         Each bird's overall length (in.)  Density Factor

Finch           3                                 60

Parakeet        <=8                               50

Cockatiel       9-12                              60

Cockatiel-type  9-12 (heavier body)               75

Amazon          13-24                             325

Cockatoo        25-35                             800

Macaw           34-45                             1400

Cage measurements are based on the actual living space and do not include T-stands or perches attached to the outside of the cage or the space below the cage grate.

(d) For birds housed over 60 days, the Density Factor should be doubled for birds 12 inches in overall length or less. For birds housed over 90 days, the Density Factor shall be doubled for birds 12 inches in overall length or less.

(e) All cage accessories (ladders, toys, perches, etc.) made of unsealed wood shall be cleaned daily and replaced as often as necessary to maintain sanitary conditions.

(f) For regulations pertaining to breeding birds see Section 13.00.

c. Outdoor Aviaries. The size, shape, and design of the cages shall be appropriate for the species being housed and shall allow space, without overcrowding, for the normal exercise requirements of each bird. Flight cages shall be constructed to prevent injury to birds. A covered portion of each cage shall be provided where birds can avoid direct sunlight or adverse weather conditions and commingling with noncaptive animals.

d. Freshwater Fish. The primary enclosure for freshwater fish is an aquarium, fish tank, or pond. The size of the aquarium is determined by the size, number and behavioral characteristics of the fish. The number of fish kept in the aquarium can be increased substantially by frequent water changes and/or auxiliary filtration.

(1) Aquariums and ponds can be constructed of glass, plastic, acrylic, wood, or metal. Ponds can be constructed of materials such as rubber, fiberglass, rock, concrete and similar materials.

(2) Aquariums and ponds shall be in good repair and maintain adequate water levels to sustain aquatic life.

(3) Aquarium lids, constructed from glass or plastic, can be used to keep dust out and prevent fish from escaping. When aquarium lids are used they should not provide an airtight barrier.

(4) Substrate. Quartz gravel or epoxy-coated rock chips or pebbles should be used as the filter bed material to cover the bottom of the freshwater aquarium if an underground filter is utilized. Filter-bed material will be a minimum of 1 inch thick across the entire bottom of the aquarium.

(5) Filtration Systems. Filtration systems will be employed to remove the waste products produced by the fish and to enhance the quality of the water and shall include individually or in combination biological, mechanical and chemical types.

(a) Common types of filtration systems used by pet animal dealerships include undergravel filters, outside power filters, canister filters, wet/dry filters, and sponge filters.

(b) Labyrinth fish, such as Bettas, do not require the use of filtration systems, but must have the water in the primary enclosure changed at least weekly.

(6) Water Quality Maintenance. Good water quality and water chemistry, as measured using commercially available test kits, are essential to maintain a healthy aquarium environment for the fish.

(a) Water chemistry shall be tested to make sure the following specific criteria are within prescribed limits for established aquariums:

Free ammonia concentration - the presence of free ammonia indicates that the biological filter is not working properly or the aquarium is overcrowded or overfed. The maximum acceptable level of free ammonia in a healthy aquarium is 1 ppm.

PH - measures the acidity or the alkalinity of the water. The PH reading can vary from 5.5 to 9.0 depending on the requirements of a particular species of fish.

(b) Any time more than 30% water change with chlorinated water occurs, the aquarium shall be treated with a water conditioner that will specifically remove chlorine and/or chloramines.

(c) Dead fish shall be removed from the enclosure a minimum of once daily, or more often if necessary.

(7) Water Temperature Control. The water in a freshwater aquarium shall normally be maintained at a temperature of 68 to 82 degrees Fahrenheit for tropical fish, as appropriate to the species. If necessary, a thermostatically controlled heater shall be used to maintain the required temperature. The heater should be capable of delivering 2 to 5 watts per gallon. Accurate water temperature will be measured by a suitable aquarium thermometer.

(8) Feeding and Nutrition.

(a) Freshwater fish shall be fed on a routine basis to maintain good fish health and to maintain good water quality.

(b) A variety of foods shall be provided such as flake, frozen, live and dried pellets to ensure that all the fish in the aquarium, including bottom dwellers, are fed.

e. Saltwater Fish. The primary enclosure for saltwater fish is the aquarium or fish tank. The size of the aquarium is determined by the size, number and type of marine fish and invertebrates. The surface area of the tank (length and width) is more critical than the depth of the tank. The larger the surface area and the more frequent the water changes, the greater the fish population can be.

(1) Aquariums can be constructed of glass, plastic, acrylic, or specially treated wood.

(2) Aquariums shall be in good repair and watertight.

(3) Aquarium lids, constructed from glass or plastic, can be used to keep dirt out, minimize tank water evaporation and prevent fish from escaping. When aquarium lids are used they should not provide an air-tight barrier.

(4) Substrate. When necessary to use a substrate in a saltwater aquarium only materials with a calcareous composition such as coral sand, limestone, oyster shell, dolomite, and the like shall be used. When used together with an undergravel filter the depth of the substrate shall be 1 1/2 to 3 inches to satisfy biological requirements.

(5) Filtration Systems. Filtration systems will be employed to remove the waste produced by the fish and to enhance the quality of the water and can include, individually or in combination, biological (removes ammonia and ammonia products); mechanical (removes particulate matter); and chemical (removes dissolved organic compounds) types.

(6) Water Quality Maintenance. Good water quality and water chemistry, as measured using commercially available test kits, are essential to maintain a healthy aquarium environment for the fish and invertebrates.

(a) Water chemistry shall be tested to make sure that the following specific criteria are within the prescribed limits for established aquariums:

Combined ammonia (NH 3 + NH 4) - 0.25 ppm maximum.

PH - 7.8 to 8.5.

Specific gravity (salinity) - 1.018 to 1.024 at 75 to 80 degrees Fahrenheit as measured by a hydrometer.

Nitrite (intermediate step in the nitrogen cycle) - 0.5 ppm maximum.

Nitrate (chemical product of nitrite conversion) - 60 ppm maximum for fish and 40 ppm maximum for invertebrates. The recommended levels are 30 ppm for fish and 20 ppm for invertebrates.

(b) Dead fish shall be removed from the enclosure once daily, or more often if necessary.

(7) Water Temperature Control. The water in a tropical saltwater aquarium shall normally be maintained at a temperature of 72 to 80 degrees Fahrenheit. If it is necessary to use a thermostatically controlled heater to maintain the required temperature, the heater should be capable of delivering 2 to 5 watts per gallon. Accurate water temperature will be measured using a suitable aquarium thermometer.

(8) Lighting. For proper keeping of corals and other invertebrates, the photoperiod (amount of time the aquarium light is on) is very important and should not be less than 10 hours. The spectrum of lighting used will be appropriate to the species.

(9) Feeding and Nutrition.

(a) Saltwater fish and invertebrates shall be fed as appropriate to the species, a minimum of 3 times per week.

(b) A variety of foods shall be provided such as flake, dried pellets, frozen, live and complex nutrient liquids for filter feeding invertebrates.

f. Reptiles and Amphibians.

(1) Standard Husbandry Requirements. All reptiles and amphibians, regardless of species, shall be provided with the following basic environmental and maintenance needs:

(a) Housing/Enclosures. The primary enclosures shall be constructed of materials such as glass, acrylic, wire, and wood and of suitable size to prevent overcrowding. The enclosure will be constructed so as to keep the animal safely within.

(b) Ground Medium. The bottom of the primary enclosure shall be covered with a substrate material that is suitable for the particular species, eg. sand for desert lizards; moistened potting soil (without perlite) or fine to medium grade orchid bark for forest lizards, box turtles, and some frogs; brown wrapping paper and newspaper for the White's tree frog; and pine shavings and alfalfa pellets for snakes, to name a few examples.

(c) Landscaping. The primary enclosure shall be provided with a variety of structures, materials and plants, as appropriate, to meet the needs and satisfy behavioral characteristics of different species. Suitable landscaping materials include rocks, dried branches, vertical sections of cholla wood and cork bark slabs for climbing; natural or commercially produced shelters, both vertical and horizontal, to protect the animal and reduce stress; and various live and/or artificial plants to help recreate the animal's natural environment.

(d) Basking Areas. When appropriate to the species, a basking area affording both heat and light shall be provided so that the animal can self-regulate its body temperature to improve digestion of food, improve appetite and reduce respiratory infections. The objective is to establish an area within the primary enclosure where a temperature gradient is created where both the air and surface temperature decrease as the distance from the heat source increases.

A basking area can be easily created by locating an incandescent lightbulb or spotlight in a reflector-type fixture above the basking surface to radiate heat onto a flat rock or along the length of wood branch or piece of cork bark diagonally placed in the primary enclosure.

Acceptable secondary heat sources can include such items as hot rock-type heaters, undertank heating pads, and ceramic infrared element bulbs with the correct wattage for the primary enclosure size.

(e) Temperature Control. Maintenance of the correct environmental temperature, air or water, is essential for the proper health and well being of the animal. The specific temperature requirement depends on the particular species; the climate of the animal's natural environment, eg. desert/semiarid, temperate, subtropical, tropical, mountain or shoreline; and the location of the temperature measurement i.e. nearest the heat and light source (basking area), furthest away from the heat source (shelter), or nighttime temperature.

i. A thermometer shall be used to determine the temperature inside the primary enclosure.

ii. Typical temperature ranges (Fahrenheit) for most reptiles and amphibians are: air (68-95); basking (80-95); nighttime (65-85).

(f) Lighting. Depending on the needs of the particular species, an incandescent bulb with a reflector-type fixture will be provided to develop the necessary temperature gradient inside the primary enclosure. The recommended photo period is twelve hours on and twelve hours off.

(g) Water. Potable water shall be provided, whether for drinking, primary environment or soaking.

Depending upon the species, fresh drinking water shall be made available a minimum of once per day or more often if necessary, in a shallow container, heavy crock, etc. or by misting plants and sides of the primary enclosure or through the use of an overhead drip system to drip water on plant leaves.

(h) Feeding. The diets of reptiles and amphibians in captivity are as varied as the number of species and range from crickets, wax worms, mealworms and wingless fruitflies (for insect eating lizards); floating foods, guppies, goldfish, earthworms and finely chopped mixed vegetable (for water turtles); crickets, mealworms, earthworms, strawberries, cantaloupe, romaine lettuce and tomatoes (for box turtles); crickets, "pinky" and "fuzzy" mice (for White's tree frogs); to goldfish, mice, rats, rabbits and poultry for snakes.

i. Successful feeding of a particular species shall take into account not only diet, but also size of prey vs. size of animal's head, frequency of feeding, amount of food and environmental factors such as heat, light, humidity, and proper landscaping that significantly affect feeding response.

ii. In addition to a well balanced and varied diet, commercial vitamin/mineral and calcium supplements (in powdered form) shall be put on the appropriate animal's food every 3 to 4 feedings.

(i) Primary Enclosure Maintenance. The primary enclosure shall be cleaned at least weekly or more often if necessary to remove feces and soiled ground medium or substrate. For water turtles, the enclosure water shall be changed weekly or more often if necessary to minimize animal health hazards and odors. Clean and sanitize drinking water containers and soaking and bathing containers weekly or more often if necessary.

(j) Specialized Husbandry Requirements

i. Lizards. Dimensions of the primary enclosure for a single animal, excluding the tail, shall be: Length - 1 1/2 times the length of the animal; width - 1/2 the length of the animal; height - 6 inches minimum. Minimal space requirements for multiple animals within a given primary enclosure shall be based on the following calculation:

L x W x H / Density Factor = total length of animals permitted. Total length of animals permitted / length of animal = number of animals allowed in that size enclosure.

The calculated density factor varies with the length range of the lizard being housed. ("DF" is density factor.)

Industry Designated Aquarium Size     Volume  Total Lizard Length Allowed

  (gal.)

                                      Cu.     2-6"     7-12"    13-24"   24-48"

                                      In.     DF15     DF30     DF60     DF120

10                                    2400    160      80     ---      ---

15                                    3456    230      115     ---      ---

20 long                               4320    288      144     72       ---

20 high                               3456    230      115     ---      ---

29                                    5760    384      192     96       ---

30                                    6912    460      230     115      ---

55                                    12480   832      416     208      104

Humidity levels can be increased in the primary enclosure by using a ground medium that contains water in the enclosure and/or partially sealing the top of the enclosure to decrease the rate of evaporation.

(k) Water turtles. Minimum space requirements for multiple animals within a given primary enclosure shall be based on the following calculation: L x W x H / Density Factor = total length of animals permitted. Height in the equation is equivalent to the depth of water in the enclosure. For a water turtle with 6 inches as measured diagonally across the carapace, the DF is 30.

The depth of water in the primary enclosure shall be at least equal to the carapace length of the turtle with a gradual access leading to a basking area. The deeper the water, the wider the range of normal behavior that can be exhibited.

(1) Box Turtles. Clean potable water shall be available at all times in a shallow pan that the turtle can easily get into or out of, with a water depth no more than 1/3 the height of the turtle. The number of box turtles recommended to be housed per type of enclosure below is based on the best combined pet animal retail and wholesale knowledge and experience available at the present time.

Enclosure Size (gal.)  Number of 6" turtles  Area (sq. in.)

10                     4                     200

15                     6                     288

20 long                8                     360

20 high                6                     288

29                     8                     360

30                     10                    432

55                     15                    624

For larger sizes, the number is based on providing 40 sq. in. per turtle.

(m) Frogs. Minimum space requirements for multiple animals with a given primary enclosure shall be based on the following calculation: L x W x H / Density Factor = total length of animals permitted. Total length of animals permitted / length of animal = number of animals allowed in that size enclosure. For frogs with a body length less than 2 inches, the DF is 7; for frogs with a body length of 2 to 6 inches, the DF is 15; and for frogs with a body length over 6 inches, the DF is 30. Clean, potable water shall be available at all times in a bowl or built-in pool.

(n) Snakes. The calculated density factor for snakes depends on the type or family of snake and is based on enclosure area (sq. in.) rather than enclosure volume (cu. in.). The DF for the Family Boidae (pythons, boas, etc.) is 2.0 and the DF for the Family Colubridae (cornsnakes, milk snakes, king snakes, etc.) is 0.75.

                                            Number of Snakes

Aquarium Size (gal.)  Area (sq. in.)  Boidae (3')  Colubridae (4')

20 long               360             5            10

55                    624             8            17

(o) Poisonous Animals. An enclosure containing poisonous animals, including, but not limited to poisonous snakes, frogs, and insects shall be clearly labeled as "Poisonous". The enclosure shall have solid walls. The top of the enclosure shall be constructed of screen mesh, or similar material to prevent injury to the public by the animal.

C. SANITATION STANDARDS

1. General Conditions.

a. Cleaning of Pet Animal Enclosures. Animals shall be removed from the primary enclosures when water or any chemical solution is used in cleaning. Animal wastes shall be removed from primary enclosures and/or display cages daily or more frequently if necessary to prevent contamination of the pet animals and to reduce disease hazards and odors. Occupied primary enclosures and display cases shall be cleaned as often as necessary to maintain sanitary conditions by washing all surfaces with effective cleaning and sanitizing agents and methods.

b. Other Cleaning. Food and water containers and all other utensils shall be cleaned and sanitized using heat or chemical sanitizing solution. A dishwasher which utilizes heat or chemical sanitizing solution may suffice. These containers shall be cleaned and sanitized daily or more often if necessary to maintain sanitary conditions.

c. Waste Disposal. Animal and food wastes, used bedding, debris and any other organic wastes shall be removed from the pet animal facility daily.

d. Premises Housekeeping. The building and grounds shall be kept clean, in good repair and free of trash.

e. Pest Control. All pet animal dealerships shall be free from infestation of vermin, insects or other pests. Food contaminated by rodents must be discarded.

f. Supply Storage. Pet food intended for in-house use must be kept in waterproof, closed containers or at least 4 inches off the floor. Opened bags of pet food must be stored in waterproof, closed containers.

g. Flight Cages. Aviaries must be cleaned weekly or more often as necessary to prevent excessive buildup of bird wastes and uneaten food.

D. FOOD AND WATER

1. Feeding and Water Requirements. Pet animals shall be fed consistent with the nutritional needs for the age and species, except when under special veterinary care.

a. Animal food shall be of such nutritional value necessary to meet the normal daily requirements for the condition and size of the animal.

b. Perishable food shall be refrigerated.

c. Animal food receptacles shall be in sufficient number, of adequate size and located so as to enable each animal in the primary enclosures to be supplied with an adequate amount of food.

d. Animal food and water containers shall be kept clean and sanitary.

e. Potable water shall be available to pet animals consistent with the species, sufficient to prevent dehydration or heat prostration, except when under special veterinary care.

f. Open food and water containers shall be accessible to the pet animal and located to minimize contamination by excreta.

g. Disposable containers may be utilized if discarded after each use.

h. Self feeders and waterers may be used if cleaned pursuant to Subsection C above.

i. Food and water suitable for the specific species shall be available to birds at all times.

E. CLASSIFICATION AND SEPERATION REQUIREMENTS

1. Pet animals housed in the same primary enclosure shall be maintained in compatible groups with similar nutritional and environmental requirements.

a. Any pet animal exhibiting aggressive behavior shall be housed individually and in primary enclosures that will prevent such animal from biting or injuring the public.

b. Pet animals under quarantine or treatment for a suspected communicable disease shall be physically separated from other susceptible animals to minimize dissemination of disease as set forth in Section 1.00 and Subsection F below.

c. Pet animals used for breeding purposes may not be displayed for sale and must be kept in a primary enclosure separate from other animals.

d. Feeder animals, those consumed as food by other pet animals, such as crickets, fish, etc. must be housed in enclosures that do not permit escape but provide adequate physical space for the particular species.

F. RECORD REQUIREMENTS

1. Sales Records. All pet animal dealerships shall maintain a record of all sales or other disposition of dogs, cats and psittacine birds for a period of 2 years from the transaction date, with the records kept at the physical facility site for 90 days.

a. Sales records shall include, at a minimum, date of transaction, species or breed of animal, color, sex (where possible to determine), and the name, address and phone number of the purchaser.

b. Sales records for psittacine birds shall also include the band number or other identification approved by the Commissioner.

c. Sales records for each sales day for temporary pet animal dealerships shall be kept at the sales location on said sales day, during normal hours of operation. Thereafter, the records may be kept at the address specified in the license application.

2. Purchase Records. All pet animal dealerships shall maintain a record (invoices, etc.) of all pet animal purchases (except feeder animals) or other means of acquisition for a period of two years, with said records being kept at the physical facility site for 90 days after the transaction date. Minimum information required shall include transaction date; name, address and phone number of the supplier; number of animals received; animal breed or species; and bird band number, if applicable.

a. Purchase records shall include the date of birth for dogs and cats.

3. Record Accessibility. All required sales and purchase records shall be made available to any inspector authorized by the Department at any reasonable time during regular business hours, or at other mutually agreeable times.

4. Psittacosis Warning. Pet animal dealers selling psittacine birds shall furnish to each retail purchaser of one or more psittacine birds, a special Psittacine Bird Dealer Sales Record prescribed by the Department, giving the business name of the dealer, the name, address and phone number of the person purchasing the bird(s), and number, species, and leg band identification number for each bird sold. Printed on this sales record in type not less than 1/8 inch high shall be a warning to the purchaser of a possible psittacosis hazard. This warning shall include a description of the disease signs in birds, symptoms in humans and the critical need for prompt medical diagnosis and treatment.

5. Salmonellosis Caution. Pet animal dealers selling reptiles shall have each retail purchaser of one or more reptiles read an educational document prescribed by the Department. This educational document shall state the possible salmonellosis hazard to people and describe common hygienic practices to help prevent salmonella exposure to humans. The purchaser shall sign a dated register provided by the pet animal dealer after reading this educational document.

6. Veterinary Treatment Records. Treatment records shall be kept on all pet animals (except feeders, fish and invertebrates) that receive any medications and/or immunizations used in the treatment or prevention of illness, or the treatment of injury, while in the care of the pet animal dealership. These records shall include the identification of the pet animal receiving medical treatment, the name of the medication and/or immunization used, the amount of medication used, and the time and date on which the medication and/or immunization was administered. These records shall be kept at the pet animal dealership facility for a period of 60 days after the sale of the pet animal.

7. Written disclosure of all treatments involving immunizations, medications, anthelmetics (wormers) and all other treatments for parasites, administered thirty days prior to transfer, shall be provided to the purchaser of dogs, cats and birds at the time of the sale. A record detailing the product used, the dosage and the date administered shall be provided to the purchaser at the time of sale.

G. VETERINARY CARE/DISEASE CONTROL

1. Veterinary Requirements.

a. Veterinary Services. All pet animal dealer facilities shall have a working relationship with a veterinarian to provide timely treatment for injured or diseased animals. The name and phone number of the veterinarian will be available to the inspector upon request.

b. Any pet animals (except feeders, fish and invertebrates) that become seriously ill or seriously injured must be diagnosed by a veterinarian in a timely manner and prescribed therapy followed.

c. Pet animals shall be observed daily for signs of disease by the person in charge of the pet animal dealership or by an employee working under his or her direct supervision. An animal suspected of having an infectious disease shall be physically separated from other susceptible animals and placed in an isolation area until the condition is determined to be noninfectious.

d. Sick or injured animals must be provided with timely veterinary care or be euthanatized humanely under the supervision of the pet animal dealership's attending veterinarian, pursuant to § 35-80-102(7).

e. As to animals that die at the pet animal dealership, the licensee may wish to refer to § 25-1-612, C.R.S., as amended, and any local ordinance or rules and regulations concerning proper disposal.

2. Disease Control Requirements

a. Reporting of Zoonotic Diseases. Reporting requirements exist under § 25- 1-662, C.R.S., as amended, as well as possibly other statutes, rules and regulations.

b. Cleanliness. All primary animal enclosures, cages, isolation rooms or areas, etc., which contain pet animal(s) (except fish and amphibians) having infectious or transmissible disease shall be cleaned and disinfected each day.

c. Quarantine. Quarantine requirements exist under §§ 25-4-604 and 605, 25-4-709, and 35-50-110, C.R.S., as amended, and possibly other statutes, rules and regulations.

H. SALE OR TRANSFER

1. Reasonable care shall be taken to release for sale, trade or adoption only those pet animals that are free of undiscl