The Missouri Administrative Code titles are current through January 29, 2007.

2 CSR 30-9.020 Animal Care Facility Rules Governing Licensing, Fees, Reports, Record Keeping, Veterinary Care, Identification and Holding Period

PURPOSE: This rule sets forth the standards and requirements for the licensing and operation of animal care facilities.

(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 apply on a form furnished by the director. An individual must be at least eighteen (18) years of age to be issued a valid license. The applicant shall 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. All premises, facilities or sites where a person operates, has an interest in or keeps animals shall be shown on the application form or on a separate sheet attached to it. The applicant shall file the completed application form with the director. Applications must be accompanied with the appropriate fee as required in section (2) of this rule.

(C) An applicant shall obtain a separate license for each separate physical facility requiring a license according to the ACFA.

(D) 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.

(E) The following facilities are exempt from the licensing fees but must meet all other standards in 2 CSR 30-9, and will be inspected at least annually:

1. Animal shelters; and

2. Pounds or dog pounds.

(F) Any person exempt from the licensing requirements may voluntarily apply for a license, but shall agree in writing to comply with the requirements set forth in the specifications for humane handling, care, treatment and transportation of dogs and cats. Each person shall comply with all rules and standards of the ACFA. A voluntary license may be surrendered at any time the licensee so desires.

(G) A license shall be issued to any applicant, who has met the requirements of the ACFA, has paid the required annual license fee and the provisional license fee (if required) and has passed the initial or annual inspection.

(H) 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.

(I) An applicant whose check is returned by the bank will be charged a fee of fifteen dollars ($15) for each returned check. One (1) returned check will be deemed nonpayment of fees and will result in denial of license. Payment of fees must then be made by certified check, cashier's check or money order. 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.

(J) 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.

(K) 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.

(L) 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. The licensee or applicant shall also provide the inspector with sufficient space and facilities, such as a room, a table and a chair to use in examining records and writing his/her report. If the licensee's or applicant's facilities, animals, premises, procedures or records do not meet the requirements in 2 CSR 30-9, 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 in 2 CSR 30-9. Persons or facilities which subsequently fail two (2) consecutive reinspections 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.

(M) A licensee or applicant for a license shall not interfere with, threaten, abuse (including verbal abuse) or harass any inspector, state or federal official while carrying out his/her duties.

(N) A license shall be issued to specific persons for specific premises, facilities and operations, and do not transfer upon change of ownership or any other significant change of business or operation nor are they 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; or

4. The applicant did not pay the license fee as required.

(O) There will be no refund of fees if a license is terminated for any reason before its expiration.

(P) Licensees must accept delivery of registered mail or certified mail notice and provide the director notice of any change of address.

(Q) 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 for which a license is required by the ACFA until all requirements for issuing the license have been met and a valid license has been duly issued.

(R) Any person who seeks the reinstatement of a license that has been automatically terminated must follow the procedure applicable to new applicants for a license.

(S) A license which is invalid 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.

(T) 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.

(2) License Fees.

(A) In addition to the application for a license or license renewal, each person shall submit to the director the annual license fee and provisional license fee (if required) prescribed in this section, which shows the method used to calculate the appropriate fee. The license fee shall be computed in accordance with the following and based upon the previous year's business:

1. Animal shelter--No fee, but must meet the standards in 2 CSR 30-9;

2. Pound/dog pound--No fee, but must meet the standards in 2 CSR 30-9;

3. Commercial kennel--One hundred dollars ($100), plus the annual commercial kennel per capita fee for each board day, up to a maximum of five hundred dollars ($500);

4. Boarding kennel--One hundred dollars ($100), plus the annual boarding kennel per capita fee for each board day, up to a maximum of five hundred dollars ($500);

5. Commercial breeder--One hundred dollars ($100), plus the annual commercial breeder per capita fee for every animal sold, traded, bartered, brokered or given away, up to a maximum of five hundred dollars ($500);

6. Contract kennel--One hundred dollars ($100), plus the annual contract kennel per capita fee for every animal sold, traded, bartered, brokered, adopted out or given away, up to a maximum of five hundred dollars ($500);

7. Dealer (also auction sale operator or broker)--One hundred dollars ($100), plus the annual dealer per capita fee for every animal sold, traded, bartered, brokered or given away, up to a maximum of five hundred dollars ($500);

8. Pet shop--One hundred dollars ($100), plus the annual pet shop per capita fee for every animal sold, traded, bartered, brokered or given away, up to a maximum of five hundred dollars ($500);

9. Intermediate handler--One hundred dollars ($100), plus a per capita fee for each board day and each animal purchased or brokered and transported up to a maximum of five hundred dollars ($500). Animals which are transported only will be considered as carrier transported and not subject to a per capita fee;

10. Voluntary licensee (persons/facilities not required to be licensed by definition of the law, but desire to obtain a license anyway)--One hundred dollars ($100); and

11. Hobby or show breeder--Exempt from fees and inspection requirements, but must register annually and certify status.

(B) Per Capita Fees.

1. Per capita fees shall be assessed annually and based upon the budgetary needs of the program. Per capita fees shall be the same for all licensees of the same type license, but may vary by type of license at the discretion of the director. The amount of the annual per capita fee shall be determined by the director and announced each year. The licensees will be notified by mail of the amount of the annual per capita fee, which shall accompany the new application forms.

2. Per capita fees shall range from zero cents (0¢) to not more than one dollar ($1) for each service performed or board day per animal, or animal sold, traded, bartered, brokered, auctioned, given or otherwise disposed of other than by euthanasia or death.

(C) Provisional License Fee. A one hundred dollar ($100)-provisional license fee will be assessed to all boarding kennels, commercial breeders, commercial kennels, contract kennels, dealers and pet shops who were in operation before January 1, 1995. The provisional license fee, if required, must be paid prior to an annual license being issued.

(D) In the case of a new applicant for a license, the initial license fee shall be one hundred dollars ($100). Annual renewal of license shall be based upon the calculations stated previously in this section.

(E) A separate license shall be obtained for each physical facility operated by the applicant.

(3) Annual Report by Licensee.

(A) Each year, within thirty (30) days prior to the expiration date of his/her license, the licensee shall file with the state veterinarian an application for license renewal and an annual report on forms furnished by the state veterinarian.

(B) Each licensee shall submit the total number of animals sold, traded, bartered, brokered, given away, boarded or exhibited during the previous year, January through December and any other information required on the form.

(4) Acknowledgment of Rules and Standards. The director will supply a copy of the ACFA and the rules and standards to all new applicants. All applicants must acknowledge receipt of the rules and the standards prior to issuance of a license.

(5) Notification of Change in Business Licensed. A licensee shall promptly notify the state veterinarian by certified mail of any change in the name, address, management, substantial control and ownership of the business or operation, of any significant change in the operation of the business or operation, or of additional sites, within ten (10) days of the change.

(6) Activity by Persons/Facilities Whose Licenses Have Been Suspended or Revoked.

(A) Any person who has been an officer, agent, direct family member or employee of a licensee whose license has been suspended or revoked and who was responsible for or participated in the violation upon which the license was suspended or revoked will not be licensed within the same period during which the suspension or revocation is in effect.

(B) Any facility involved in an order of suspension or revocation shall not be used for licensed activity.

(C) Any person whose license has been suspended or revoked for any reason shall not be licensed under his/her name, or in any other manner within the period during which the suspension or revocation is in effect. No partnership, firm, corporation or other legal entity in which any such person has a substantial interest, financial or otherwise, will be licensed during that period.

(D) Any person whose license has been suspended or revoked shall not buy, sell, trade, barter, broker, transport, board, exhibit or deliver for transportation, any animal during the period of license suspension or revocation.

(E) Any person whose license has been suspended or revoked may apply in writing to the director for reinstatement of his/her license.

(7) Denial of Initial License Application.

(A) A license will not be issued to any applicant who--

1. Is not in total compliance with the rules and the standards set forth in 2 CSR 30-9, including the payment of fees.

A. An initial applicant for license will be allowed a maximum of three (3) inspections and a period of up to ninety (90) days from the date of the first inspection in which to attain total compliance with the rules and standards prior to denial of license. Failure of these inspections would not subject an initial applicant to the one hundred dollar ($100)-penalty fee for failed inspections. However, initial license fee will not be returned and subsequent applications must be accompanied with another initial license fee.

B. An initial applicant shall not conduct any activity for which an ACFA license is required until the license has been issued.

C. Subsequent applications by a person who has been denied a license under subparagraph (7)(A)1.A. shall also be considered an initial application.

D. Persons denied a license under subparagraph (7)(A)1.A. may reapply after six (6) months from the date of the last failed inspection;

2. Has had a license revoked or is currently under suspension;

3. Has been fined, sentenced to jail or pled no contest under state or local animal cruelty laws within one (1) year of application, except that if no penalty is imposed as a result of a no contest plea, the applicant may reapply immediately; or

4. Has made any false or fraudulent statements or provided any false or fraudulent records to the department.

(B) Any applicant whose initial license has been denied may request an administrative hearing in accordance with Chapter 536, RSMo, for the purpose of showing why the application should not be denied. If the license denial is upheld, the applicant may reapply for license one (1) year from the date of the denial.

(C) No partnership, firm, corporation or other legal entity in which a person whose license application has been denied has a substantial interest, financial or otherwise, will be licensed within one (1) year of denial.

(8) Attending Veterinarian and Adequate Veterinary Care.

(A) Each licensee shall have an attending veterinarian who shall provide adequate veterinary care to animals covered under the rules in 2 CSR 30-9.

1. Each licensee shall employ an attending veterinarian under formal arrangements. In the case of a part-time attending veterinarian or consultant arrangements, the formal arrangements shall include a written program of veterinary care and regularly scheduled visits to the premises of the licensee. Boarding kennels in large metropolitan areas, where twenty-four (24) hour emergency veterinary clinics are in operation, and rotation of veterinary practitioners is essential for good will and referral services, may be exempted from the requirement of a formal arrangement if approved by the state veterinarian. This exemption must be requested in writing, and will be approved only on an individual basis.

2. Each licensee shall assure that the attending veterinarian has appropriate authority to ensure the provision of adequate veterinary care and to oversee the adequacy of other aspects of animal care and use.

(B) Each licensee shall establish and maintain programs of adequate veterinary care that include:

1. The availability of appropriate facilities, personnel, equipment and services to comply with the provisions in 2 CSR 30-9;

2. The use of appropriate methods to prevent, control, diagnose and treat diseases and injuries, and the availability of emergency, weekend and holiday care;

3. Individual health records shall be maintained on all animals above the age of eight (8) weeks or that have been weaned or that have been treated with a medical procedure, whichever occurs first. Litter health records may be kept on litters when littermates are treated with the same medication or procedure. Health records (or a copy) may accompany all animals upon the transfer of ownership;

4. Daily observation of all animals to assess their health and well-being. Provided, however, that daily observation of animals may be accomplished by someone other than the attending veterinarian; and provided further, that a mechanism of direct and frequent communication is required so that timely and accurate information on problems of animal health, behavior and well-being is conveyed to the attending veterinarian;

5. Adequate training and guidance to personnel involved in the care and use of animals. The employer must be certain his/her employees can perform at the level required by these rules; and

6. Adequate pre-procedural and post-procedural care in accordance with established veterinary medical and nursing procedures.

(C) If the state veterinarian or his/her designee finds that an animal or group of animals is suffering from a contagious, communicable or infectious disease or exposure to a disease, a quarantine to the premises may be issued until the animals are--

1. Recovered and no longer capable of transmitting the disease;

2. Isolated;

3. Humanely euthanized and properly disposed of;

4. Tested, vaccinated or otherwise treated; or

5. Otherwise released by the state veterinarian.

A. Animals under quarantine shall not be removed from the premises without written consent of the state veterinarian, nor shall any other animals be allowed to enter the premises.

B. A quarantine issued by the state veterinarian shall remain in effect until released in writing by the state veterinarian.

(D) Animals with obvious signs of disease or injury shall not be sold (except on the advice of the attending veterinarian and with the knowledge and consent of the purchaser), abandoned or disposed of in an inhumane manner.

(E) A person licensed or registered under the ACFA shall not knowingly sell or ship a diseased animal, except on the advice of their attending veterinarian and with the knowledge and consent of the purchaser.

(9) Identification of Animals.

(A) All licensees with a United States Department of Agriculture (USDA) license shall identify their animals as prescribed in the USDA regulations.

(B) All licensees without a USDA license shall identify all dogs and cats held on the premises, purchased, boarded, sheltered or otherwise acquired, sold, released, given away or otherwise disposed of or removed from the premises for any reason to or through any person, by one (1) or more of the appropriate methods as follows:

1. By an official tag of the type described in this section affixed to the animal's neck by means of a collar made of a material generally considered acceptable to pet owners. In general, well fitting collars made of plastic or leather will be acceptable. The use of certain types of chains presently used by some dealers may also be acceptable if sharp edges cannot be felt which may reasonably be expected to cause discomfort to the animal. The use of materials such as wire, elastic or any other material which may seem to cause discomfort to the animal shall not be used;

2. A distinctive and legible tattoo marking approved by the director;

3. Puppies or kittens, less than sixteen (16) weeks of age, may be identified by a plastic type collar acceptable to the director which has the information legibly placed on the collar as required for an official tag pursuant to this section;

4. Animal shelters, contract kennels, pounds or dog pounds may use distinctive cage cards. Cage cards, if used, must be sequentially numbered, used in sequential order and placed in an area which will prevent animals, water or cleaning solutions from contacting them or damaging the cards. If cage cards cannot be protected, or if licensee fails to provide proper protection, all animals in his/her facility must be identified by a more permanent method as described in paragraph (9)(B)1. Each cage card must fully and completely describe the animal to which it is assigned including breed (or an estimate of predominant breed and cross, and the like), size, date of birth or approximate age, sex, color and markings, and any other distinctive feature or marking;

5. Boarding kennels and commercial kennels shall be authorized to use distinctive cage cards. Cage cards must be placed in an area which will prevent animals, water or cleaning solutions from contacting or damaging the cards. Cage cards must provide a brief description of the animal including name, breed, sex, color and distinctive markings. Cage cards must also specify any medications with directions for administering, any special needs or instructions and emergency instructions stating veterinarian of choice and telephone number. Boarding kennels and commercial kennels may use any abbreviated form of information on the cage cards that meet the needs of their business if all of the information listed in this paragraph is immediately available to the animal caretaker and inspector; and

6. Pet shops may use distinctive cage cards. Cage cards, if used as the primary identification, must be sequentially numbered and used in sequential order. Cage cards, if used, must be placed in an area which will prevent animals, water or cleaning solutions from contacting them or damaging the cards. Cage cards, if used as the primary identification, must provide enough information to assure proper identification of all animals in the enclosure and may include information such as a brief description of the animal including breed, sex, date of birth or approximate age, color and distinctive markings.

(C) All animals shall be officially identified at the time of acquisition, or in the case of puppies or kittens, when weaned or separated from their mother or foster mother. When any licensee has made a reasonable effort to affix an official tag to a cat, as set forth in this section, and has been unable to do so, or when the cat exhibits serious distress from the attachment of the collar and tag, the licensee shall attach the collar and tag to the door of the primary enclosure containing the cat and take measures to maintain the identity of the cat in relation to the tag. Each primary enclosure shall contain no more than one (1) weaned cat without an affixed collar and official tag, unless the cats are identified by a distinctive and legible tattoo or plastic-type collar approved by the director.

(D) If an animal is already identified by an official tag or tattoo which has been applied by another licensed entity under USDA or ACFA, the acquiring licensee may continue identifying the animal by the previous identification number, or may replace the previous tag with his/her own official tag or tattoo, in which case, only the new identification number shall be used for all subsequent sales or transactions. In either case, the licensee shall correctly list all old and new numbers or tattoos in his/her records.

(E) Tags must be sequentially numbered, used in sequential order, and must be referenced to a record(s) which completely and accurately identify the source of the animal and any number used by that source to identify the animal, all medical treatments or procedures, and disposition of the animal. A record of the number used to identify the animal shall accompany the animal at disposition.

(F) No licensee shall use the same identification tag or cage card number for a period of at least five (5) years.

(G) The official tag shall be made of a durable alloy such as brass, bronze, steel or a durable plastic. Aluminum of a sufficient thickness to assure the tag is durable and legible may also be used. The tag shall be one (1) of the following shapes:

1. Circular in shape and not less than one and one-fourth inches (1 1/4") in diameter; or

2. Oblong and flat in shape, not less than two inches long by three-fourths inch (2" x 3/4") wide and riveted to an acceptable collar.

(H) Each official tag shall have the following information embossed or stamped on one (1) side that is easily readable:

1. The letters MO;

2. The letters and numbers identifying the licensee or facility, for example, ACFA 1234; and

3. The number identifying the animal, for example 0006.

(I) Licensees must obtain the official tags or cage cards at their own expense. Tags and cards are available from commercial manufacturers. At the time a licensee is issued a license, the director will assign a license number to be used on official tags.

(J) Each licensee shall be held accountable for all official tags acquired. In the event an official tag is lost from an animal while in the possession of the licensee, the licensee will make every diligent effort to locate and reapply the tag to the proper animal. If the lost tag is not located, the licensee shall affix another official tag to the animal and record both the old and new tag numbers on the official records. Only the new number will be used on subsequent transactions.

(K) When an animal with an official tag is euthanized or dies from any other cause, the official tag shall be removed from the animal and saved for a period of one (1) year following the death. If the official tag is removed from an animal at the time of disposition of the animal, the official tag shall be saved for a period of one (1) year following the disposition.

(10) Prohibition on the Purchase, Sale, Use or Transportation of Stolen Animals. No person shall buy, sell, exhibit, transport or offer for transport, any stolen animal.

(11) Records.

(A) Records for Commercial Breeders, Dealers, Exhibitors, Intermediate Handlers and Voluntary Licensees.

1. Each commercial breeder, dealer (other than operators of auction sales and brokers to whom animals are consigned), intermediate handlers, exhibitors and voluntary licensees shall make, keep and maintain records or forms which fully and correctly disclose the following information concerning each dog or cat purchased or otherwise acquired, owned, held or otherwise in his/her possession or control which is transported, euthanized, sold or otherwise disposed of by that licensee. The records shall include any offspring born of any animal while in his/her possession or under his/her control:

A. The name and complete mailing address of the person from whom a dog or cat was purchased or otherwise received or acquired whether or not the person is required to be licensed or registered under this Act;

B. The USDA and the ACFA license or registration number of the person if s/he is licensed or registered under the Acts. Both USDA and ACFA numbers are required if seller is licensed or registered under both Acts;

C. The vehicle license number and the state, and the driver's license number and state if s/he is not licensed or registered under either of the Acts;

D. The name and complete mailing address of the person to whom a dog or cat was sold, given or delivered, and that person's license or registration number(s) if s/he is licensed or registered under the Acts;

E. The date a dog or cat was acquired or disposed of, or both, and the method of disposition, including by death or euthanasia;

F. The official USDA or ACFA tag number or tattoo assigned to a dog or cat;

G. A description of each dog or cat which shall include:

(I) The species and breed or type;

(II) The sex;

(III) The date of birth or approximate age; and

(IV) The color and any distinctive markings;

H. The method of transportation including the name of the initial carrier or intermediate handler or, if a privately owned vehicle is used to transport a dog or cat, the name of the owner of the privately owned vehicle;

I. Records of Dogs and Cats on hand (VS Form 18-5/APHIS Form 7005 or similar form may be used) and Records of Disposition of Dogs or Cats (VS Form 18- 6/APHIS Form 7006 or similar form may be used) shall be maintained by commercial breeders, dealers, exhibitors and voluntary licensees;

J. The USDA Interstate and International Certificate of Health Examination for Small Animals (VS Form 18-1) may be used by dealers and exhibitors to make, keep and maintain the information required by subsection (11)(A) of this rule; and

K. One (1) copy of the record containing the information required by this section shall accompany each shipment of any dog or cat purchased or otherwise acquired by a commercial breeder, dealer or exhibitor. One (1) copy of the record containing the information required by this section shall accompany each shipment of any dog or cat sold or otherwise disposed of by a commercial breeder, dealer or exhibitor; provided, however, that information which indicates the source and date of acquisition of a dog or cat need not appear on the copy of the record accompanying the shipment. One (1) copy of the record containing the information required by this section shall be retained by the commercial breeder, dealer or exhibitor.

2. Individual medical records shall be maintained on all animals bought, raised, or otherwise obtained, held, kept, maintained, sold, donated or otherwise disposed of, including by death or euthanasia, which shall specify all treatments and medications given and all procedures performed on the animal, to include reasons for or the condition requiring the treatment, medication or procedure, and the results of the treatment, medication or procedure will be included in this record. Litter health records may be kept on litters when all littermates are treated with the same medication or procedure. Medical records (or a copy) may accompany the animal when sold.

3. All records shall be maintained for a period of one (1) year, unless the director requests in writing that they be maintained for a longer period, for the purpose of investigation.

(B) Records of Operators of Auction Sales and Brokers.

1. Every broker or operator of an auction sale shall make, keep and maintain records or forms which fully and correctly disclose the following information concerning each animal sold, whether or not a fee or commission is charged:

A. The name and complete mailing address of the person who owned or consigned the animal(s) for sale;

B. The name and complete mailing address of the buyer or consignee who received the animal;

C. The USDA and ACFA license or registration number of the person(s) selling, consigning, buying or receiving the animals if s/he is licensed or registered under the Acts;

D. The vehicle license number and state and the driver's license number and state of the person, if s/he is not licensed or registered under the Acts;

E. The date of the consignment;

F. The official USDA or ACFA tag number assigned to the animal(s) under this rule;

G. A description of the animal(s) which shall include:

(I) The species and breed or type;

(II) The sex of the animal;

(III) The date of birth or approximate age; and

(IV) The color and any distinctive markings;

H. The auction sales number or records number assigned to the animal; and

I. The name, mailing address, any USDA/ACFA license number of all people registering at the auction to buy animals.

2. One (1) copy of the record containing the information required by this section shall be given to the consignor of each animal, one (1) copy of the record shall be given to the purchaser of each animal; provided however, that information which indicates the source and date of consignment of any animal need not appear on the copy of the record given to the purchaser of any animal. One (1) copy of the record containing the information required by this section shall be retained by the broker or operator of the auction sale, for each animal sold.

3. All records shall be maintained for a period of one (1) year, unless the director requests in writing that they be maintained for a longer period, for the purpose of investigation.

(C) Records for Boarding Kennels and Commercial Kennels.

1. Every operator of a boarding kennel or commercial kennel shall make, keep and maintain records or forms which fully and correctly disclose the following information concerning each animal boarded, or otherwise kept or maintained, sold, given or otherwise disposed of:

A. Name, address and phone number of pet owner;

B. Emergency contact number;

C. Animal's name, age, sex and breed;

D. Vaccination information, with official rabies;

E. Preexisting physical problems;

F. Medication information and instructions;

G. Veterinarian of choice;

H. Special feeding instructions, if needed;

I. Special boarding instructions, if needed;

J. Any additional services to be performed;

K. Date animal received; and

L. Date animal released.

2. Animal cage card must be attached to the primary enclosure of every animal being boarded, kept or maintained.

3. The record of daily health observations, medications and treatments given and exercise periods shall be maintained.

4. The name and complete mailing address of the person to whom the animal was sold or given, and the USDA or ACFA license numbers, or both, if that person was licensed under the Acts.

5. A copy of the health certificate for each animal shipped interstate.

6. All records shall be maintained for a period of sixty (60) days except on those animals on which a complaint was made by the owner or if some other problem occurred during boarding, those records shall be kept for one (1) year, unless the director requests in writing that they be maintained for a longer period, for the purpose of investigation.

(D) Records for Animal Shelters, Contract Kennels and Pounds or Dog Pounds.

1. Every operator of an animal shelter, contract kennel, pound or dog pound shall make, keep and maintain records or forms which fully and correctly disclose the following information concerning each animal boarded, housed, retained or otherwise kept or maintained, transported, sold, given, adopted out, released or otherwise disposed of:

A. The date of acquisition;

B. The name and complete mailing address of the person from whom the animal was obtained;

C. The vehicle license number and state, and the driver's license number and state of the person delivering the animal;

D. A complete description of the animal including breed or type, sex, size, approximate weight, approximate age, color and any distinctive markings;

E. Date of disposition and method;

F. The name and complete mailing address of the person to whom the animal was sold, given, released to, or adopted by, and the USDA or ACFA license numbers, or both, if the person was licensed under the Acts;

G. Spay or neuter contract; and

H. Veterinary certification of spay or neuter.

2. Animal cage card must be attached to the primary enclosure of every animal being held, retained, kept or maintained.

3. The record of daily health observations, medications and treatments given and exercise periods shall be maintained.

4. All records shall be maintained for a period of one (1) year, unless the director requests in writing that they be maintained for a longer period, for the purpose of investigation.

(E) Records for Pet Shops.

1. Every operator of a pet shop shall make, keep and maintain records or forms which fully and correctly disclose the following concerning each animal purchased or otherwise acquired, kept or maintained, transported, sold, given, released or otherwise disposed of:

A. The name and complete mailing address of the person from whom the animal was obtained;

B. The USDA or ACFA license number, or both, of the seller if s/he was licensed under the Acts;

C. The vehicle license number and state, and the driver's license number and state of the person delivering the animal if the seller is not licensed under the Acts;

D. A complete description of the animal, including breed or type, sex, size, approximate weight, or a combination of these, date of birth or approximate age, color and any distinctive markings, including any official tag number or tattoo markings;

E. Date of acquisition;

F. Date of disposition and method; and

G. The name and complete mailing address and telephone number of the person to whom the animal was sold, given, released to or otherwise disposed of.

2. Animal cage card, if used, must be attached to the primary enclosure of every animal being held, retained, kept or maintained.

3. The record of daily health observations, medications and treatments given shall be maintained.

4. Shot records and a copy of treatment, medications and medical procedures performed on the animal, while in the possession of the licensee, may be furnished to the retail pet purchaser. Medical records, to the extent possible may accompany the animal when sold.

5. All records shall be maintained for a period of one (1) year, unless the director requests in writing that they be maintained for a longer period, for the purpose of investigation.

(F) Records for Carriers and Intermediate Handlers.

1. In connection with all live animals accepted for shipment on a cash on delivery (C.O.D.) basis or other arrangement or practice under which the cost of the animals or the transportation of the animals is to be paid and collected upon delivery of the animals to the consignee, the accepting carrier or intermediate handler, if any, shall keep and maintain a copy of the consignor's written guarantee for the payment of transportation charges for any animal not claimed as provided in USDA regulations including, where necessary, both the return transportation charges and an amount sufficient to reimburse the carrier for out-of-pocket expenses incurred for the care, feeding and storage of the animal. The carrier or intermediate handler at destination shall also keep and maintain a copy of the shipping document containing the time, date and method of each attempted notification and the final notification to the consignee and the name of the person notifying the consignee as provided in USDA regulations.

2. In connection with all live dogs or cats delivered for transportation, in commerce to any carrier or intermediate handler, by any commercial breeder, dealer, research facility, exhibitor, operator of an auction sale, broker, pet shop or any other person licensed under the ACFA, or department, agency or instrumentality of the United States or of any state or local government, the accepting carrier or intermediate handler shall keep and maintain a copy of the health certificate completed as required by USDA regulations and Missouri, tendered with each live dog or cat.

(G) Health Certification and Identification.

1. No commercial breeder, dealer, exhibitor, operator of an auction sale, broker, pet shop, research facility, voluntary licensee, or any department, agency or instrumentality of the United States or of any state or local government shall deliver to any intermediate handler or carrier for transportation in interstate commerce or shall transport in interstate commerce any dog or cat unless the dog or cat is accompanied by a health certificate executed and issued by a licensed veterinarian. The health certificate shall state that--

A. The licensed veterinarian inspected the dog or cat on a specified date which shall not be more than ten (10) days prior to the delivery of the dog or cat for transportation; and

B. When so inspected, the dog or cat appeared to the licensed veterinarian to be free of any infectious disease or physical abnormality which would endanger the animal(s) or endanger public health.

2. The United States Secretary of Agriculture, with concurrence of the director, may provide exception to the health certification requirement on an individual basis for animals shipped to a research facility for purposes of research, testing or experimentation when the research facility requires animals not eligible for certification.

3. No intermediate handler or carrier to whom any live dog or cat is delivered for transportation by any commercial breeder, dealer, exhibitor, broker, pet shop, research facility, operator of an auction sale, or any department, agency or instrumentality of the United States or any state or local government shall receive a live dog or cat for transportation in interstate commerce, unless and until it is accompanied by a health certificate issued by a licensed veterinarian.

4. The United States Interstate and International Certificate of Health Examination of Small Animals (VS Form 18-1) may be used for health certification by a licensed veterinarian as required by this section.

5. Intrastate shipments, which at no time leave the state, may utilize an owner/shipper statement in lieu of a health certificate. The owner/shipper statement must specify the date of shipment, name, address, phone number and ACFA/USDA license numbers of consignor and consignee of the shipment, specify species and list each animal in the shipment by its individual ACFA/USDA number, breed, age, sex, color and distinctive markings, vaccination history and certify--"To the best of my knowledge, all animals in this shipment are healthy and have not been exposed to an infectious or contagious disease." The statement must contain the signature, printed name, address and phone number of the certifying individual. APHIS Form 7001 may be used as a guide to produce individual forms, if desired.

(H) C.O.D. Shipments.

1. No carrier or intermediate handler shall accept any animal for transportation in commerce upon any C.O.D. or other basis where any money is to be paid and collected upon delivery of the animal to the consignee, unless the consignor guarantees in writing the payment of all transportation, including any return transportation, if the shipment is unclaimed or the consignee cannot be notified in accordance with this section, including reimbursing the carrier or intermediate handler for all out-of-pocket expenses incurred for the care, feeding and storage or housing of the animals.

2. Any carrier or intermediate handler receiving an animal at a destination on a C.O.D. or other basis any money is to be paid and collected upon delivery of the animal to the consignee shall attempt to notify the consignee at least once every six (6) hours for a period of twenty-four (24) hours after arrival of the animal at the animal holding area of the terminal cargo facility. The carrier or intermediate handler shall record the time, date and method of each attempted notification, and the final notification to the consignee, the name of the person notifying the consignee, on the shipping document and on the copy of the shipping document accompanying the C.O.D. shipment. If the consignee cannot be notified of the C.O.D. shipment within twenty-four (24) hours after its arrival, the carrier or intermediate handler shall return the animal to the consignor, or to whomever the consignor has designated, on the next practical available transportation, in accordance with the written agreement required in this section and shall notify the consignor. Any carrier or intermediate handler which has notified a consignee of the arrival of a C.O.D. or other shipment of an animal, where any money is to be paid and collected upon delivery of the animal to the consignee, which is not claimed by the consignee within forty-eight (48) hours from the time of notification shall return the animal to the consignor or to whomever the consignor has designated, on the next practical available transportation in accordance with the written agreement required in this section and shall notify the consignor.

3. It is the responsibility of any carrier or intermediate handler to hold, feed and care for any animal accepted for transportation in commerce under a C.O.D. or other arrangement where any money is to be paid and collected upon delivery of the animal until the consignee accepts shipment at destination or until returned to the consignor or his/her designee should the consignee fail to accept delivery of the animal or if the consignee could not be notified as prescribed in this section.

4. Nothing in this section shall be construed as prohibiting any carrier or intermediate handler from requiring any guarantee in addition to that required in this section for the payment of the cost of any transportation or out-of-pocket or other incidental expenses incurred in the transportation of any animal.

(I) Disposition of Records.

1. No licensee for a period of one (1) year, shall destroy or dispose of, without the consent in writing of the director, any books, records, documents or other papers required to be kept and maintained under the ACFA and this rule.

2. Unless otherwise specified, the records required to be kept and maintained under this rule shall be held for one (1) year after an animal is euthanized or disposed of and for any period in excess of one (1) year as necessary to comply with any applicable federal, state or local laws. Whenever the director notifies the licensee in writing that specified records shall be retained pending completion of an investigation or proceeding under the ACFA, the licensee shall hold those records until their disposition is authorized by the director.

(12) Compliance With Standards and Holding Periods. Each licensee shall comply in all respects with the standards set forth in 2 CSR 30-9 for the humane handling, care, treatment, housing and transportation of animals.

(13) Holding Period.

(A) Any live dog or cat, other than owner-relinquished or feral animals which are not known to have bitten anyone within the preceding ten (10) days, acquired by an animal shelter or contract kennel shall be held for a period of not less than five (5) business days before offering for adoption or euthanasia except that before releasing an animal to a dealer, the holding period must include at least one (1) full Saturday and a period of not less than five (5) full days excluding time in transit.

(B) Any live dog or cat acquired by a commercial breeder, dealer, exhibitor or pet shop shall be held under his/her supervision and control, for a period of not less than five (5) full days, not including the day of acquisition, after acquiring the animal, excluding time in transit; provided, however--

1. That any live dog or cat acquired by a commercial breeder, dealer, exhibitor or pet shop from any private or contract animal pound, animal shelter, pound or dog pound shall be held by that commercial breeder, dealer, exhibitor or pet shop for a period of not less than ten (10) full days, not including the day of acquisition, after acquiring the animal, excluding time in transit.

(C) Any dog or cat presented for euthanasia by its owner or any animal suffering from disease, emaciation or injury may be destroyed by euthanasia prior to the completion of the holding period required by this section.

(D) Any dog or cat, one hundred twenty (120) days of age or less, that was obtained from the person that bred and raised the animal, may be exempted from the five (5)-day holding requirement and may be sold or otherwise disposed of by a licensee after a minimum holding period of twenty-four (24) hours, excluding time in transit. Each subsequent licensee must also hold that animal for a minimum of twenty-four (24) hours excluding time in transit. Intermediate handlers who obtain an animal one hundred twenty (120) days of age or less, only in conjunction with its transportation in commerce will be exempt from the twenty-four (24)-hour holding period.

(E) During the period in which any animal is being held as required by this section, the animal shall be unloaded from any means of conveyance in which it was received, for food, water and rest, and shall be handled, cared for and treated in accordance with 2 CSR 30-9.

(14) Miscellaneous.

(A) Information as to business shall be furnished by all licensees.

1. Each licensee shall furnish to any department official any information concerning the business of the licensee which the department official may request in connection with the enforcement of the provisions of the ACFA, and 2 CSR 30-9. The information shall be furnished within a reasonable time and as may be specified in the request for information.

2. Each operator of an auction sale shall furnish in writing to the director, the sale dates of all activities covered under the ACFA at least two (2) weeks prior to the scheduled event.

(B) Access and Inspection of Records and Property.

1. Each licensee, during business hours, shall allow department officials to--

A. Enter its place of business;

B. Examine records required to be kept in accordance with the ACFA and this rule;

C. Make copies of the records;

D. Inspect and photograph the facilities, property and animals, as the department officials consider necessary to enforce the provisions of the ACFA and the standards in 2 CSR 30-9; and

E. Document, by the taking of photographs and other means, conditions and areas of noncompliance.

2. The use of a room, table or other facilities necessary for the proper examination of the records and inspections of the property or animals shall be extended to department officials by the licensee.

(C) Inspection for Missing Animals. Each licensee shall allow, upon request and during business hours, police or officers of other law enforcement agencies with general law enforcement authority (not those agencies whose duties are limited to enforcement of local animal rules) to enter his/her place of business to inspect animals and records for the purpose of seeking animals that are missing, under the following conditions:

1. The police or other law officer shall furnish to the licensee a written description of the missing animal and the name and address of its owner before making a search; and

2. The police or other law officer shall abide by all security measures required by the licensee to prevent the spread of disease, including the use of sterile clothing, footwear and masks where required, or to prevent the escape of an animal.

(D) Confiscation and Destruction of Animals.

1. If an animal being held by a licensee or transported by a carrier is found by a department official to be suffering as a result of the failure of the licensee or carrier to comply with any provisions of the ACFA or the standards set forth in 2 CSR 30-9, the department official shall make a reasonable effort to notify the licensee of the condition of the animal(s) and request that the condition be corrected and that adequate care be given to alleviate the animal's suffering or distress, or that the animal(s) be destroyed by euthanasia. In the event that the licensee refuses to comply with this request, the department official may confiscate the animal(s) for care, treatment or disposal as indicated in this section, if, in the opinion of the director, the circumstances indicate the animal's health is in danger.

2. In the event that the department official is unable to locate or notify the licensee as required in this section, the department official shall contact a local police or other law officer to accompany him/her to the premises and shall provide for adequate care when necessary to alleviate the animal's suffering. If in the opinion of the director, the condition of the animal(s) cannot be corrected by this temporary care, the department official shall confiscate the animal(s).

3. Confiscated animals may be placed, by sale or donation, with other licensees or registrants who are in compliance with the ACFA and the standards in 2 CSR 30-9 and can provide proper care, or they may be euthanized. The licensee from whom the animals were confiscated shall bear all costs incurred in performing the placement or euthanasia activities authorized by this rule.

(E) Minimum Age Requirements. No dog or cat shall be delivered by any person to any carrier or intermediate handler for transportation, in commerce, or shall be transported in commerce by any person, except to a registered research facility, unless that dog or cat is at least eight (8) weeks of age and has been weaned.

(F) Handling of Animals.

1. Handling of all animals shall be done as expeditiously and carefully as possible in a manner that does not cause trauma, overheating, excessive cooling, behavioral stress, physical harm or unnecessary discomfort.

2. Physical abuse shall not be used to train, work or otherwise handle animals.

3. Deprivation of food or water shall not be used to train, work or otherwise handle animals; provided however, that the short-term withholding of food or water from animals by exhibitors is allowed by this rule as long as each of the animals affected receives its full dietary and nutrition requirements each day.

4. During public exhibition, any animal must be handled so there is minimal risk of harm to the animal and to the public, with sufficient distance or barriers, or both, between the animal and the general viewing public so as to assure the safety of animals and the public.

A. Performing animals shall be allowed a rest period between performances at least equal to the time for one (1) performance.

B. Young or immature animals shall not be exposed to rough or excessive public handling or exhibited for periods of time which would be detrimental to their health or well-being.

C. Drugs, such as tranquilizers, shall not be used to facilitate, allow or provide for public handling of the animals.

D. Animals shall be exhibited only for periods of time and under conditions consistent with their good health and well-being.

E. A responsible, knowledgeable and readily identifiable employee or attendant must be present at all times during periods of public contact.

F. During public exhibitions, dangerous animals such as lions, tigers or wolves must be under the direct control and supervision of a knowledgeable and experienced animal handler.

G. If public feeding of animals is allowed, the food must be provided by the animal facility and shall be appropriate to the type of animal and its nutritional needs and diet.

5. All euthanasia of animals shall be accomplished by a method approved by the 2000 edition, or later revisions, of the American Veterinary Medical Association's Panel on Euthanasia, as incorporated by reference in this rule.

(15) Procurement of Dogs and Cats by Licensees.

(A) A dealer may obtain dogs and cats from within this state only from other licensees who are licensed under the ACFA in accordance with this rule or exempt sources.

(B) No person shall obtain live dogs or cats by use of false pretenses, misrepresentation or deception.

(C) Any licensee or exhibitor who also operates a public or private pound, animal shelter, contract pound, pound or dog pound shall comply with the following:

1. The animal pound or shelter shall be located on premises that are physically separated from all other licensed facilities. The animal housing facility of the pound or shelter shall not be adjacent to any other licensed facility.

2. Accurate and complete records shall be separately maintained by the licensee and by the pound or shelter. All records shall be in accordance with those specified in this rule. If the animals are lost or stray, the pound or shelter records shall provide:

A. An accurate description of the animal;

B. How, where, from whom and when the dog or cat was obtained;

C. How long the dog or cat was held by the pound or shelter before being transferred to the dealer; and

D. The date the dog or cat was transferred to the dealer.

(16) Licensees Restricted in Sales to Brokers, Dealers and Pet Shops. Licensees shall not sell to brokers, dealers or pet shops operating within the state who are not licensed under the ACFA in accordance with this rule.

(17) Exotic Animals. Exotic animals as defined in rules promulgated under the ACFA shall be permitted, as may be required by, and maintained under the rules and standards of the Missouri Department of Conservation and the regulations and standards of the USDA.

(18) Index.

Application For License--section (1)

Who must license--section (1), subsection (A)

How to apply for a license--section (1), subsection (B)

Who is exempt from licensing requirement--section (1), subsection (D)

Voluntary license--section (1), subsection (F)

Conditions under which license is issued--section (1), subsection (G)

Conditions under which license is not issued--section (1), subsection (H)

Penalty for operating without a license--section (1), subsection (J)

Frequency of inspection--section (1), subsection (K)

Licensees must make facility available--section (1), subsection (L)

Penalty for failure of inspection--section (1), subsection (L)

Licensee not to interfere with inspector--section (1), subsection (M)

License issued to specific person and place--section (1), subsection (N)

License fees not refundable--section (1), subsection (O)

Licensee must accept registered or certified mail--section (1), subsection (P)

Expiration of license--section (1), subsection (Q)

Reinstatement of a license--section (1), subsection (R)

Invalid license to be surrendered--section (1), subsection (S)

License Fees--section (2)

Computing annual fee--section (2), subsection (A)

Animal shelter--section (2), subsection (A), paragraph 1.

Pound/dog pound--section (2), subsection (A), paragraph 2.

Commercial kennel--section (2), subsection (A), paragraph 3.

Boarding kennel--section (2), subsection (A), paragraph 4.

Commercial breeder--section (2), subsection (A), paragraph 5.

Contract kennel--section (2), subsection (A), paragraph 6.

Dealer--section (2), subsection (A), paragraph 7.

Pet shop--section (2), subsection (A), paragraph 8.

Intermediate handler--section (2), subsection (A), paragraph 9.

Voluntary licensee--section (2), subsection (A), paragraph 10.

Hobby or show breeder--section (2), subsection (A), paragraph 11.

Per capita fees--section (2), subsection (B)

Provisional license fee--section (2), subsection (C)

Initial license fee, new applicant--section (2), subsection (D)

Each facility requires separate license--section (2), subsection (E)

Annual Report Required--section (3)

Acknowledgment of Rules and Standards--section (4)

Notification of Change in Business or Address--section (5)

Activity by Persons/Facilities Whose License Have Been Suspended or Revoked-- section (6)

Denial of Initial License Application--section (7)

Attending Veterinarian and Adequate Veterinary Care--section (8)

Identification of Animals--section (9)

Licensees with USDA license--section (9), subsection (A)

Licensees without USDA license may use--section (9), subsection (B)

Official tag--section (9), subsection (B), paragraph 1.

Approved tattoo--section (9), subsection (B), paragraph 2.

Puppies/kittens under sixteen (16) weeks--section (9), subsection (B), paragraph 3.

Animal shelters, contract kennels, pounds/dog pounds--section (9), subsection (B), paragraph 4.

Boarding kennels, commercial kennels--section (9), subsection (B), paragraph 5.

Pet shops--section (9), subsection (B), paragraph 6.

All animals must be officially identified at acquisition--section (9), subsection (C)

Previous identification which may be used--section (9), subsection (D)

How to use tags--section (9), subsection (E)

Restriction on use of numbers--section (9), subsection (F)

Official tags, construction of--section (9), subsection (G)

Official tags, required information--section (9), subsection (H)

Official tags, obtaining--section (9), subsection (I)

Official tags, accountability--section (9), subsection (J)

Official tags, disposition of--section (9), subsection (K)

Prohibited Activity, Stolen Animals--section (10)

Records--section (11)

Commercial breeders, dealers, exhibitors, intermediate handlers and voluntary licensees--section (11), subsection (A)

Auction sales and brokers--section (11), subsection (B)

Boarding kennels and commercial kennels--section (11), subsection (C)

Animal shelters, contract kennels, pounds and dog pounds--section (11), subsection (D)

Pet shops--section (11), subsection (E)

Carriers and intermediate handlers--section (11), subsection (F)

Health certification and identification--section (11), subsection (G)

C.O.D. shipments--section (11), subsection (H)

Disposition of records--section (11), subsection (I)

Compliance With Standards and Holding Periods--section (12)

Holding Period--section (13)

Miscellaneous--section (14)

Licensee, shall furnish information--section (14), subsection (A)

Licensee, shall permit access--section (14), subsection (B)

Inspection for missing animals--section (14), subsection (C)

Confiscation, destruction of animals--section (14), subsection (D)

Minimum age for selling/shipping dog or cat--section (14), subsection (E)

Handling of animals--section (14), subsection (F)

Quality of handling--section (14), subsection (F), paragraph 1.

Physical abuse not permitted--section (14), subsection (F), paragraph 2.

Deprivation, food/water not permitted--section (14), subsection (F), paragraph 3.

Public exhibition--section (14), subsection (F), paragraph 4.

Performing animals--section (14), subsection (F), paragraph 4., subparagraph A.

Public handling of immature animals--section (14), subsection (F), paragraph 4., subparagraph B.

Use of tranquilizers/drugs--section (14), subsection (F), paragraph 4., subparagraph C.

Exhibition, time/conditions--section (14), subsection (F), paragraph 4., subparagraph D.

Public contact, attendant required--section (14), subsection (F), paragraph 4., subparagraph E.

Dangerous animals--section (14), subsection (F), paragraph 4., subparagraph F.

Public feeding--section (14), subsection (F), paragraph 4., subparagraph G.

Procurement of Dogs and Cats--section (15)

Restriction of Sales--section (16)

Exotic Animals--section (17)

PUBLISHER'S NOTE: The secretary of state has determined that the publication of

the entire text of the material, which is incorporated by reference as a

portion of this rule, would be unduly cumbersome or expensive. Therefore, the

material, which is so incorporated, is on file with the agency who filed this

rule, and with the Office of the Secretary of State. Any interested person may

view this material at either agency's headquarters or the same will be made

available at the Office of the Secretary of State at a cost not to exceed

actual cost of copy reproduction. The entire text of the rule is printed here.

This note refers only to the incorporated by reference material. The

publication for 2000 Report of the AVBMA Panel in Eutanasia can be accessed at

http://www.avma.org.

  AUTHORITY: sections 273.344 and 273.346, RSMo 2000. [FNa1] Original rule filed Jan. 13, 1994, effective Aug. 28, 1994. Amended: Filed Oct. 24, 1994, effective May 28, 1995. Amended: Filed Nov. 30, 1995, effective July 30, 1996. Amended: Filed May 15, 2003. effective Dec. 30, 2003.

[FNa1]. Original authority: 273.344, RSMo 1992; 273.346, RSMo 1992.

2 Mo. Code of State Regulations 30-9.020, 2 MO ADC 30-9.020