Full Title Name:  Texas Administrative Code. Title 25. Health Services. Part 1. Department of State Health Services. Chapter 169. Zoonosis Control. Subchapter B. Care of Animals by Circuses, Carnivals, and Zoos

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Country of Origin:  United States Agency Citation:  25 TAC § 169.41 to .48 Agency Origin:  Texas Department of State Health Services Last Checked:  May, 2015 Alternate Citation:  25 TX ADC § 169.41 - 169.48 Date Adopted:  1982 Last Date Amended:  2013
Summary:

This set of regulations sets license conditions and fees for circuses, carnivals, and zoos that are regulated by the Department of Health Services and establishes standards regarding the care of animals maintained by those facilities. All circuses, carnivals, and zoos that are regulated by the United States Department of Agriculture under the Federal Animal Welfare Act are exempt from these regulations.

§ 169.41 . Purpose

§ 169.42 . Definitions

§ 169.43 . Facilities for Housing the Animals

§ 169.44 . Transportation of Animals

§ 169.45 . Food and Water Requirements in Transit

§ 169.46 . Care in Transit

§ 169.47 . Licenses

§ 169.48 . State Inspection Agents

 


§ 169.41. Purpose

The purpose of this subchapter is to establish minimum standards regarding the care of live animals in circuses, carnivals, and zoos that will promote humane conditions for these animals and public health and safety.

Credits

Source: The provisions of this §169.41 adopted to be effective August 23, 1982, 7 TexReg 3000; amended to be effective November 20, 2003, 28 TexReg 10231; amended to be effective July 3, 2008, 33 TexReg 5010; amended to be effective December 8, 2013, 38 TexReg 8903.


§ 169.42. Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--Occupations Code, Chapter 2152, the legislative authority for these rules.

(2) Department--Department of State Health Services.

(3) Housing facility--Any room, building, or area used to contain a primary enclosure or enclosures.

(4) Primary enclosure--Any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment, or hutch.

(5) Sanitize--To make visibly clean followed by the use of a disinfectant to destroy disease-producing agents.

(6) Zoonosis Control Branch (ZCB)--Branch of the Department of State Health Services to which the responsibility for administering these rules is assigned.

Credits

Source: The provisions of this §169.42 adopted to be effective August 23, 1982, 7 TexReg 3000; amended to be effective November 20, 2003, 28 TexReg 10231; amended to be effective July 3, 2008, 33 TexReg 5010; amended to be effective December 8, 2013, 38 TexReg 8903.

 

§ 169.43. Facilities for Housing the Animals

(a) Housing facilities shall:

(1) be structurally sound, constructed of material(s) and of a strength appropriate for any enclosed animals, and maintained in good repair in order to protect the animals from injury, to contain them, and to prevent transmission of diseases;

(2) have reliable and adequate electric power, if required to comply with other provisions of this section, and have adequate fresh, clean water available;

(3) store and adequately protect supplies of food and bedding against deterioration, molding, and infestation or contamination by vermin and provide refrigeration for supplies of perishable food;

(4) make provision for the removal and disposal of animal and food wastes, bedding, dead animals, trash, and debris, and provide and operate disposal facilities so as to minimize vermin infestations, odors, and disease hazards; and

(5) provide for employees facilities for personal hygiene, including washrooms, basins, or sinks.

(b) Indoor facilities shall:

(1) be sufficiently heated or cooled to protect the animals from extremes of temperature, provide for their health, and prevent their discomfort, plus the ambient temperature shall not be allowed to fall below or rise above temperatures compatible with the health and comfort of the animals;

(2) be adequately ventilated to provide for the health and comfort of the animals at all times by providing fresh air either by means of windows, doors, vents, or air conditioning and be ventilated so as to minimize drafts, odors, and moisture condensation;

(3) have ample light as appropriate for the species involved and to permit routine inspection and cleaning, plus be designed to protect the animals from excessive illumination;

(4) have interior building surfaces constructed and maintained so that they are impervious to moisture and may be readily sanitized; and

(5) have a method to eliminate excess water rapidly.

(A) Drains shall be properly constructed and kept in good repair to avoid foul odors or backup of sewage.

(B) If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of the room.

(c) Outdoor holding facilities shall:

(1) be of adequate size and construction to handle any animal housed therein;

(2) provide adequate shelter to protect animals from any form of discomfort, overheating, direct rays of the sun, cold or inclement weather, and direct effects of wind, rain, or snow;

(3) be constructed in such a manner that they will protect and contain the animals (as an additional safety measure, a perimeter fence constructed in a manner to contain the animals and keep unauthorized persons out is recommended);

(4) be readily sanitized and not create a nuisance; and

(5) provide a suitable method to eliminate excess water rapidly.

(d) Primary enclosures shall:

(1) be structurally sound and maintained in good repair;

(2) provide convenient access to clean food and water;

(3) enable each animal to remain dry and clean;

(4) be constructed so as to protect the body and extremities of every animal from injury; and

(5) provide sufficient space to allow each animal to make normal postural adjustments without touching the top of the enclosure, including turning freely, standing easily, sitting, stretching, moving its head, lying in a comfortable position with limbs extended, and moving and assuming a comfortable posture for feeding, drinking, urinating, and defecating.

(e) Feeding shall:

(1) be at least once a day or more often as appropriate for the species, age, condition, and size of the animal, except as otherwise directed by a licensed veterinarian, as defined in the Health and Safety Code, § 826.002, and with food free from contamination, wholesome, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the species, age, condition, and size of each animal; and

(2) be in food receptacles accessible to each animal and located so as to minimize contamination by excreta.

(A) Feeding pans shall be durable and kept clean and sanitary.

(B) Disposable food receptacles may be used but must be discarded after each feeding.

(C) Self feeders may be used for feeding dry foods to animals acclimated to their use, but they must be kept clean and sanitary to prevent molding, contamination, deterioration, or caking of feed.

(f) If fresh, clean water is not accessible to every animal at all times, it shall:

(1) be provided as often as necessary for the health and comfort of the animal when considering the species, age, condition, and size of the animal and/or as directed by a licensed veterinarian; and

(2) be in watering receptacles which are kept clean and sanitary.

(g) Sanitation of primary enclosures shall include:

(1) having excreta removed as often as necessary to prevent contamination of the inhabitant(s) and to reduce disease hazards and odors;

(2) having cages, rooms, and pens maintained in a sanitary condition; and

(3) having building and premises kept clean and in good repair to protect every animal from injury.

(h) A regular program for the control of insects, ectoparasites, and other vermin shall be established and maintained.

(i) Emergency veterinary care shall be provided for sick and injured animals, and routine veterinary care shall be provided for all animals.

Credits

Source: The provisions of this §169.43 adopted to be effective August 23, 1982, 7 TexReg 3000; amended to be effective November 20, 2003, 28 TexReg 10231; amended to be effective July 3, 2008, 33 TexReg 5010; amended to be effective December 8, 2013, 38 TexReg 8903.

 

§ 169.44. Transportation of Animals

(a) Primary enclosure construction. All compartments, transport cages, cartons, or crates shall be constructed such that:

(1) structural strength and size are sufficient to contain the animal(s) and to withstand the normal rigors of transportation;

(2) the interior is free of protrusions that could be injurious to the animal(s);

(3) the openings to the enclosure are easily accessible at all times for emergency removal;

(4) the enclosure is adequately ventilated to allow free movement of air through the enclosure;

(5) projection rims on the outside of the enclosure are sufficiently wide to prevent adjacent containers from restricting the air flow;

(6) hand holds are provided to enable the primary enclosure to be lifted without tilting and to ensure that the person handling the primary enclosure will not be in contact with the animal(s);

(7) the size is adequate to allow each animal to turn about freely and to make normal postural adjustments without touching the top of the enclosure, including turning freely, standing easily, sitting, stretching, moving its head, lying in a comfortable position with limbs extended, and moving and assuming a comfortable posture for feeding, drinking, urinating, and defecating, except when restriction of movement is essential to prevent danger to any animals, handlers, or other persons; and

(8) the bottom is solid and impervious to moisture in order to prevent leakage in shipment and be readily sanitized prior to reuse. Litter will be clean and of a suitable absorbent material that is safe and nontoxic and in sufficient quantity to absorb and cover excreta.

(b) Transportation in primary enclosures. Primary enclosures used to transport animals shall:

(1) separate animals by species and maintain them in compatible groups;

(2) not have animals that have not reached puberty in the same primary enclosure with adult animals other than their dam;

(3) allow socially dependent animals (such as the siblings, dam, or other members of the family) to have visual and olfactory contact; and

(4) not transport a female animal in season (estrus) in the same primary enclosure with any male animal unless it is the prepubescent offspring of that female animal.

(c) Primary conveyances. The animal cargo space of primary conveyances transporting animals shall:

(1) be designed and constructed to protect the health and ensure the safety and comfort of the animals contained therein and allow them to remain dry and clean at all times;

(2) have no ingress of engine exhaust fumes and gases from the primary conveyance into the animal cargo space;

(3) have adequate air for normal breathing and the primary enclosures so arranged that there is no restriction of air flow;

(4) be arranged for easy opening in case of emergency;

(5) have the interior of the animal cargo space kept clean and free from visible signs of vermin; and

(6) be free of hazardous materials unless proper precautions have been taken to prevent injury.

Credits

Source: The provisions of this §169.44 adopted to be effective August 23, 1982, 7 TexReg 3000; amended to be effective November 20, 2003, 28 TexReg 10231; amended to be effective July 3, 2008, 33 TexReg 5010; amended to be effective December 8, 2013, 38 TexReg 8903.

 

§ 169.45. Food and Water Requirements in Transit

(a) Each animal shall be fed a sufficient quantity of food for the species, age, condition, and size of the animal at least once in each 24-hour period unless there are special instructions given by a licensed veterinarian. The food shall be free from contamination, wholesome, palatable, and of sufficient quality and nutritive value to meet the normal requirements for the species, age, condition, and size of the animal.

(b) If not accessible at all times, fresh, clean water shall be provided to each animal at least within four hours prior to being transported and then as often as necessary for the health and comfort of the animal when considering the species, age, condition, and size of the animal and/or as directed by a licensed veterinarian.

(c) Written instructions concerning the food and water requirements of each animal shall be affixed to the primary enclosure used for transporting the animal and shall accompany the animal during transport.

Credits

Source: The provisions of this §169.45 adopted to be effective August 23, 1982,7 TexReg 3000; amended to be effective November 20, 2003, 28 TexReg 10231; amended to be effective July 3, 2008, 33 TexReg 5010; amended to be effective December 8, 2013, 38 TexReg 8903.


§ 169.46. Care in Transit

The carrier, driver, or other employee shall be responsible to:

(1) observe each animal visually during surface transportation as frequently as circumstances may dictate, but not less than once every four hours, to ensure that each animal is receiving sufficient air for normal breathing, the ambient temperatures are compatible for the health and comfort of each animal, and that all other standards are being met (for transport by air, this observation requirement must be met if the animal cargo space is accessible during flight; if it is not accessible, visual observation shall be made whenever an animal is loaded and unloaded, plus whenever the animal cargo space is made accessible);

(2) obtain any needed veterinary care as soon as possible if an animal appears in obvious physical stress;

(3) not remove wild or otherwise dangerous animals from their primary enclosure except under extreme emergency conditions, and, if the wild animal requires moving, provide a temporary primary enclosure of adequate strength and size to contain the animal;

(4) provide adequate shelter to protect animals from extremes of hot, cold, or inclement weather, direct rays of the sun, and effects of wind, rain, or snow, plus provide for the reasonable comfort of the animals;

(5) provide protection to animals, allowing them to remain dry during any form of precipitation; and

(6) remove excreta as often as necessary to prevent contamination of the animals and to reduce disease hazards and odors if doing so does not create a safety hazard for any person or animal.

Credits

Source: The provisions of this §169.46 adopted to be effective August 23, 1982, 7 TexReg 3000; amended to be effective November 20, 2003, 28 TexReg 10231; amended to be effective July 3, 2008, 33 TexReg 5010; amended to be effective December 8, 2013, 38 TexReg 8903.

 

§ 169.47. Licenses

(a) Types.

(1) A regular operating license is issued for a period of two years from date of issue or such lesser period as the Executive Commissioner of the Health and Human Services Commission shall deem appropriate for circuses or animal variety shows which are not resident in Texas and which are not exempt by law.

(2) A temporary operating license may be issued and is valid until a regular license is issued or unless the temporary license is revoked for cause and is valid for two years from the date of application or until approval or denial of a regular operating license.

(b) Application. Each person amenable to provisions of the Act shall make application for an operating license on forms provided by the department.

(c) Renewal procedure. Each licensee desiring to renew an operating license shall, on or before expiration of the current license, make application for renewal on forms provided by the department.

(d) Information. Applications, renewal forms, and/or information may be obtained by contacting the Texas Department of State Health Services, Zoonosis Control Branch, Mail Code 1956, P.O. Box 149347, Austin, Texas 78714-9347.

(e) Fees. The following fees shall accompany each application for an operating license and/or renewal of a license:

(1) 1 animal to 25 animals--$400;

(2) 26 to 50 animals--$500;

(3) 51 to 500 animals--$600; and

(4) 501 or more animals--$800.

(f) Physical location. The license shall be displayed at the place of business named in the license. The license shall not be transferable or assignable.

(g) Any facility that does not meet required minimum standards will not be licensed by the department.

Credits

Source: The provisions of this §169.47 adopted to be effective August 23, 1982, 7 TexReg 3000; amended to be effective November 20, 2003, 28 TexReg 10231; amended to be effective July 3, 2008, 33 TexReg 5010; amended to be effective December 8, 2013, 38 TexReg 8903.

 

§ 169.48. State Inspection Agents

Each agent inspecting circuses, carnivals, or zoos under Occupations Code, Chapter 2152, will be approved by the manager of the Zoonosis Control Branch.

Credits

Source: The provisions of this §169.48 adopted to be effective August 23, 1982, 7 TexReg 3000; amended to be effective November 20, 2003, 28 TexReg 10231; amended to be effective July 3, 2008, 33 TexReg 5010; amended to be effective December 8, 2013, 38 TexReg 8903.

 

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