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
The purpose of these rules is to establish standards regarding the care of animals in circuses, carnivals, and zoos that will promote humane conditions for these animals and public health and safety.
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.
The following words and terms, when used in this chapter, 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 physically clean and to destroy disease-producing organisms.
(6) Zoonosis Control Branch (ZCB)--Branch of the Department of State Health Services to which the responsibility for administering these rules is assigned.
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.
(a) Housing facilities shall:
(1) be structurally sound and maintained in good repair in order to protect the animals from injury, to contain them, and to prevent exposure to other animals;
(2) have reliable and adequate electric power, if required to comply with other provisions of this subsection, and have adequate potable water available;
(3) store and adequately protect supplies of food and bedding against 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, 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 to protect the animals when necessary;
(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 to permit routine inspection and cleaning during the entire work period;
(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.
(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 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 the animals;
(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 turn around fully, stand, sit, lie down, and make normal postural adjustments.
(e) Feeding shall:
(1) be at least once a day except as otherwise directed by a licensed veterinarian, as defined in the Texas 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 condition and size of the animal(s); and
(2) be in food receptacles accessible to each animal and located so as to minimize contamination by excreta.
(A) Feeding pens 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, deterioration, or caking of feed.
(f) If potable water is not accessible to the animal(s) at all times, it shall:
(1) be offered at least twice daily for periods of not less than one hour, except 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.
(h) A regular program for the control of insects, ectoparasites, and other pests shall be established and maintained.
(i) Emergency and routine veterinary care shall be provided for sick and injured animals.
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.
(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 live 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, except when restriction of movement is essential to prevent danger to any animals, handlers, or other persons; and
(8) the bottom is solid to prevent leakage in shipment and still be sanitized at destination prior to reuse. Litter will be clean and of a suitable absorbent material which is safe and nontoxic and in sufficient quantity to absorb and cover excreta.
(b) Transportation in primary enclosures. Primary enclosures used to transport live animal(s) shall:
(1) separate animals by species and maintain them in compatible groups;
(2) not have live animals that have not reached puberty in the same primary enclosure with adult animals other than their dam; and
(3) not transport a female animal in season (estrus) in the same primary enclosure with any male animal.
(c) Primary conveyances. The animal cargo space of primary conveyances transporting live animals shall:
(1) be designed and constructed to protect the health and ensure the safety and comfort of the live animals contained therein 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
(6) be free of hazardous materials unless proper precautions have been taken to prevent injury.
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.
(a) Each live animal shall be fed a sufficient quantity of food 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 condition and size of the animal.
(b) Potable water shall be provided to each animal at all times or at least twice daily for periods of not less than one hour, except as directed by a licensed veterinarian.
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.
The carrier, driver, or other employee shall be responsible to:
(1) observe the live animals visually during surface transportation as frequently as circumstances may dictate, but not less than once every four hours;
(2) provide any needed veterinary care as soon as possible if a live animal becomes 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 secondary 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 and provide for the reasonable comfort of the animals; and
(5) provide protection to live animals, allowing them to remain dry during any form of precipitation.
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.
(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. Application, renewal forms, and/or information may be obtained by contacting Texas Department of State Health Services, Zoonosis Control Branch, 1100 West 49th Street, Austin, Texas 78756.
(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) 50l on up--$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 standards will not be licensed by the department.
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.
Each agent inspecting circuses, carnivals, or zoos under Occupations Code, Chapter 2152, will be approved by the manager, Zoonosis Control Branch.
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.