603-015-0025. Definitions
603-015-0030. Intent and Purpose
603-015-0035. General Requirements
603-015-0040. Facilities -- Indoors
603-015-0045. Facilities -- Outdoors
603-015-0050. Health and Husbandry Practices
603-015-0055. Animals in Transit
603-015-0060. Records
603-015-0065. Penalties
603–015–0075. Intent and Purpose
603–015–0080. Definitions
603–015–0085. Licensing
603–015–0090. Record Keeping
603–015–0095. Investigations
603–015–0100. Enforcement Actions
603–015–0105. Assessing a Civil Penalty
603–015–0110. Civil Penalty Determination Formula
603–015–0500. Definitions
603–015–0505. Hybrid Crossed Animals
603–015–0510. Permit Application, Issuance, and Renewal
603–015–0515. Crocodilians — Special Requirements
603–015–0520. Felines — Special Requirements
603–015–0525. Bears — Special Requirements
603–015–0530. Non-Human Primates — Special Requirements
603–015–0535. Exotic Canines — Special Requirements
As used in OAR 603-015-0025 to 603-015-0060:
(1) “Animal Pounds” or “Animal Shelters” means any establishment maintained by public funds, private funds, or a combination of public and private funds, that uses such establishment for holding pet or captive animals for disposition by gift, treatment and care, euthanasis, sale, or exchange.
(2) “Boarding Kennels” means an establishment operated and maintained for the care or custody of pet animals for boarding, training, or similar purposes, for varying periods of time, for profit or compensation.
(3) “Commercial Kennels” means an establishment operated and maintained for the purpose of breeding, buying, selling, or bartering of pet animals for profit or compensation.
(4) “Establishment” includes, in connection with the operation or ownership of a business of a boarding kennel, commercial kennel, grooming parlor, pet shop, animal pound, or animal shelter:
(a) Any room, building, structure, or place; and
(b) All equipment, machinery, fixtures, articles, and materials; and
(c) The ground upon which such place or business is located and such ground or area which is a part of the business, or used by the owner or operator in carrying out such business.
(5) “Grooming Parlor” means any establishment that bathes, clips, pedicures, or grooms any pet or captive animal for profit or compensation.
(6) “Pet Animal” or “Pet Animals” means any animal held, maintained, or kept in captivity.
(7) “Pet Shop” or “Animal Dealer” means an establishment operated and maintained for buying or receiving pet animals, and thereafter exhibiting or offering for sale, or selling, trading, or bartering such animals.
Credits
Statutory/Other Authority: ORS 561 & ORS 596
Stats. Implemented: ORS 596.020
History: AD 8-1984, f. & ef. 5-23-84
603-015-0030. Intent and Purpose
It is the intent and purpose of the provisions of OAR 603-015-0025 to 603-015-0060 to verify and require that all measures and procedures are maintained and taken to eradicate and control diseases in pet animals, and/or the diseases in pet animals which may be transferable or transmissible from pet animals to other animals or persons.
Credits
Statutory/Other Authority: ORS 561 & ORS 596
Stats. Implemented: ORS 596.020
History: AD 8-1984, f. & ef. 5-23-84
603-015-0035. General Requirements
(1) Any person who is engaged in the business of a boarding kennel, commercial kennel, pet shop, animal pounds, animal shelters, or grooming parlors, shall comply with the provisions of OAR 603-015-0025 to 603-015-0060. All such provisions apply to such businesses and to the owners or operators thereof.
(2) An individual, family, or groups of associations who do not fall within the meaning and definition of a boarding kennel, commercial kennel, pet shop, animal pound, or animal shelter or grooming parlor, owner or operator, shall also reasonably comply with the provisions or OAR 603-015-0025 to 603-015-0060, in the handling, care, and keeping of pet animals under their ownership care, or custody.
Credits
Statutory/Other Authority: ORS 561 & ORS 596
Stats. Implemented: ORS 596.020
History: AD 8-1984, f. & ef. 5-23-84
603-015-0040. Facilities -- Indoors
(1) Structural strength of facilities for housing pet animals shall be sound, in good repair to prevent injuries, contain the animal, and prevent the entrance of other animals.
(2) Electric power and a potable water supply shall be available. Lighting, artificial and natural, shall be of good quality and well distributed.
(3) Isolation -- Facilities must be available for the isolation and treatment of pet animals suspected of harboring communicable diseases.
(4) Storage -- Facilities shall be provided for the storage of equipment and to protect food and bedding against vermin infestation and contamination.
(5) Waste Disposal: Provision for the removal and disposal of excreta, bedding, dead animals, shall be made. Disposal facilities shall be constructed and operated in such manner as to minimize disease hazards, offensive odors, and vermin infestation.
(6) Facilities for wash rooms: Basins and sinks shall be provided for cleanliness of caretakers, and sanitization of feeding utensils.
(7) Ventilation: Provisions and facilities for adequate ventilation to insure the exhausting of stale air, excess humidity, and kennel odors, shall be made and maintained. Temperatures of 70 degrees to 75 degrees F. are recommended within practical limits.
Credits
Statutory/Other Authority: ORS 561 & ORS 596
Stats. Implemented: ORS 596.020
History: AD 8-1984, f. & ef. 5-23-84
603-015-0045. Facilities -- Outdoors
Shall offer shade against sun, shelter against rain, snow, and wind; sufficient protection for pet animals against cold and inclement weather, and adequate drainage to eliminate excessive water in the runs. Adequate space should be allowed in outside houses and cages to permit the animal to stand, turn around, and lie down, without obstructing freedom of movement.
Credits
Statutory/Other Authority: ORS 561 & ORS 596
Stats. Implemented: ORS 596.020
History: AD 8-1984, f. & ef. 5-23-84
603-015-0050. Health and Husbandry Practices
(1) Pet animals shall be fed a food that is palatable, wholesome, and meets minimal daily nutritional requirements. Ground or kennel surface feeding is not permitted. Feed pans and receptacles shall be washed and sanitized after each feeding. Self feeders will be cleaned and sanitized as often as necessary to prevent molding or deterioration of the contents.
(2) Fresh potable water will be offered at least twice daily and more often if weather conditions warrant. More water is required in hot weather.
(3) Sanitation: Excreta will be removed from runs, cages, pens, daily and more often if necessary. Runs and enclosures will be sanitized once weekly by cleaning and using a safe and effective disinfectant and changing soil or litter as often as it becomes soiled. Premises will be kept clean and free from trash and facilities will be maintained in good order to prevent injury to animals and offer them proper protection against inclement weather.
(4) Sick animals. Pet animals that are quarantined or under treatment for communicable diseases shall be isolated in such place that healthy animals are not exposed.
(5) Importation: In accordance with OAR 603-011-0250 through 603-011-0382 and ORS 596.341 and other laws or regulations thereunder.
Credits
Statutory/Other Authority: ORS 561 & ORS 596
Stats. Implemented: ORS 596.020
History: AD 8-1984, f. & ef. 5-23-84
603-015-0055. Animals in Transit
(1) Pet animals when required to be shipped in crates shall be transported in crates constructed of a smooth, durable material which is easily cleaned and shall:
(a) Have a solid floor which may have a false bottom;
(b) Be so constructed as to provide maximum safety for the particular animal or animals being transported;
(c) Have openings on two sides to assure adequate ventilation;
(d) Crates shall be so constructed that food or water may be put through a small-type door without removing the animal from the crate in order that caretakers may feed and water when required;
(e) Care and feeding instructions should be written out by the shipper and attached to the crate. Other precautions in handling the animal should also be given in case it becomes necessary to move the animal from the crate.
(2) In all cases the crates shall be large enough to provide space for the pet animals to lie down in extended position and to allow ease of movement when standing or turning around. When the temperature is over 85 degrees F., increased space shall be provided to within reason.
(3) The crate shall be cleaned before use for each trip.
(4) Food and water containers shall be cleaned and sanitized before each trip.
(5) If bedding is used it shall be clean, dry, and dust free.
(6) The person or persons responsible for the welfare of the pet animal or animals while in transit shall:
(a) Offer the pet animal food at least once every 24 hours;
(b) Offer all pet animals water at 12 hour intervals at least, except that water shall be offered at four-hour intervals when the temperature reaches 90 degrees F. or above;
(c) Inspect each pet animal at four-hour intervals or oftener.
Credits
Statutory/Other Authority: ORS 561 & ORS 596
Stats. Implemented: ORS 596.020
History: AD 8-1984, f. & ef. 5-23-84
(1) A record of each sale shall be maintained by the owner or operator of each boarding kennel, commercial kennel, pet shop, animal pound, or animal shelter, for a minimum period of 12 months after date of sale or transfer of a pet animal and shall include the date of sale, age, breed, indication of sex of animal sold, name and address of the purchaser, source, and breeder.
(2) If records of prophylactic medication are used in advertising or are furnished the purchaser or person acquiring a pet animal, specific information regarding type, amount, and date of prophylactic medication shall be kept by the owner or operator of each boarding kennel, commercial kennel, pet shop, animal pound, or animal shelter, and shall become a part of the sales record.
(3) Upon request from the purchaser, such owner or operator of each boarding kennel, commercial kennel, pet shop, animal pound, or animal shelter, or his representative, shall furnish the purchaser with a record as outlined in section (2) of this rule.
Credits
Statutory/Other Authority: ORS 561 & ORS 596
Stats. Implemented: ORS 596.020
History: AD 8-1984, f. & ef. 5-23-84
Applicable penalties as set forth in ORS 596.990 apply to any person violating the provisions of OAR 603-015-0025 to 603-015-0060
Credits
Statutory/Other Authority: ORS 561 & ORS 596
Stats. Implemented: ORS 596.990
History: AD 8-1984, f. & ef. 5-23-84
603-015-0075. Intent and Purpose
The intent and purpose of OAR 603-015-0075 to 603-015-0110 is to ensure that all animal rescue entities comply with record keeping and licensing requirements.
Credits
Statutory/Other Authority: ORS 609.415, 561, 596
Statutes/Other Implemented: ORS 609.415, 609.420
History: DOA 19-2020, f. & cert. ef. 12/01/2020.
As used in OAR 603-015-0075 to 603-015-0110:
(1) “Department” means the State Department of Agriculture and the Enforcing Agency, which is the office of the State Veterinarian, located within the State Department of Agriculture.
(2) “Animal rescue entity” or “ARE” means any individual or organization--including but not limited to an animal control agency, humane society, animal shelter, animal sanctuary, or boarding kennel not subject to ORS 167.374, but excluding a veterinary facility--that keeps, houses, and maintains in the individual's or organization's legal custody 10 or more animals at any given time and that solicits or accepts donations in any form.
(3) “Foster facility” means a separate location controlled by, but not owned or operated by the animal rescue entity, at which a person has volunteered to maintain physical custody of animals that are within the legal custody of an animal rescue entity. A foster facility with fewer than 10 animals in the legal custody of an animal rescue entity is not considered a separate physical location out of which an animal rescue entity operates.
(4) “Physical location” means either:
(a) a separate location controlled and operated by the animal rescue entity at which any number of animals are maintained in the legal custody of the animal rescue entity; or
(b) a separate location controlled by, but not owned or operated by the animal rescue entity at which 10 or more animals are maintained in the legal custody of an animal rescue entity.
(5) “10 or more animals” means the combined number of animals kept, housed, and maintained in the animal rescue entity's legal custody, whether at that animal rescue entity's physical location, another physical location of the same animal rescue entity, or in the physical custody of a foster facility. A nursing mother and her unweaned offspring constitute one animal unit. Weaned offspring constitute individual animal units.
(6) “Animal” means any nonhuman mammal, bird, reptile, amphibian, or fish.
(7) “License year” means a 12-month period beginning July 1 and ending on June 30 for which a license is valid or the remainder of that period at the time a license is issued.
(8) “Legal custody” means the authority to make decisions on behalf of an animal, including but not limited to decisions regarding health care, physical placement, and general welfare. The Department considers the fact that an individual or organization makes decisions on behalf of an animal to be evidence that that individual or organization possesses legal custody of that animal.
(9) “State Veterinarian” means the chief animal health official of the State as per ORS 596.210.
(10) “Unique identification” means any physical means by which an animal may be distinguished from all other similar animals, including but not limited to, a microchip, ear tag, leg band, tattoo, brand, or a photograph or written description of distinguishing features.
Credits
Statutory/Other Authority: ORS 609.415, 561, 596
Statutes/Other Implemented: ORS 609.415, 609.420
History: DOA 19-2020, f. & cert. ef. 12/01/2020; DOA 20-2023, f. 05/11/2023, cert. ef. 05/15/2023; DOA 10-2024, f. & cert. ef. 05/24/2024.
(1) In order to operate in Oregon, each separate physical location out of which an animal rescue entity operates shall obtain and maintain a license from the Department. An animal rescue entity must complete the process laid out in section (2), (3), and (4) of this rule prior to commencing operations within Oregon.
(2) An animal rescue entity shall apply to the Department for the issuance or renewal of a license using the following process:
(a) Obtain a license application from the Department's online services link or by contacting the Department.
(b) Complete the license application in full, including any required attachments or additional information requested and return the completed application to the Department.
(c) For the issuance of a license, schedule an inspection by the Department upon the Department's request under section (3) of this rule.
(d) For the renewal of a license, either schedule an inspection by the Department upon the Department's request under section (3) of this rule or obtain an exemption as per section (7) of this rule.
(3) The Department will review and process applications using the following process:
(a) The Department will process complete license applications on a first come, first served basis.
(b) Prior to the Department's issuance of a license, the Department shall request and conduct an inspection of any portion(s) of the animal rescue entity that it determines reasonably appropriate. The inspection shall allow the Department to determine if the animal rescue entity is compliant with the following:
(A) Indoor facilities as per OAR 603-015-0040;
(B) Outdoor facilities as per OAR 603-015-0045;
(C) Health and husbandry practices as per OAR 603-015-0050;
(D) Record keeping as per OAR 603-015-0060 and OAR 603-015-0090 including importation documents if animals are acquired from an out-of-state or international source; and
(E) Any other applicable laws or regulations.
(c) Following an inspection, the Department will issue the animal rescue entity a written, preliminary determination describing the results of the inspection. The final determination of the results of the inspection shall be made in the licensing decision.
(d) The Department may require follow-up documentation from the animal rescue entity following the inspection to determine compliance with the laws laid out in subsection (3)(b) of this rule).
(e) The Department will issue a preliminary licensing decision following the completion of the steps laid out in section (2) and (3) of this rule and following the Department's review of all information. If the Department preliminarily determines that an animal rescue entity should receive a license, the Department will submit an invoice for payment of the license fee required under section (4) of this rule to the animal rescue entity. A final licensing decision will be made following receipt of payment.
(f) The Department shall not issue or renew a license if:
(A) The application is incomplete;
(B) The animal rescue entity fails to pay the license fee;
(C) The animal rescue entity did not allow an inspection as required by subsection (3)(b) of this rule;
(D) The animal rescue entity did not provide follow up documentation required under subsection (3)(d) of this rule;
(E) The animal rescue entity is out of compliance with any of the provisions laid out in subsection (3)(b) of this rule); or
(F) The Department determines it should exercise its discretion to decline to do so under section (8) of this rule.
(4) For the issuance or renewal of a license, the fee shall be calculated based on a combination of a single organization license fee, the number of physical locations owned, operated, or controlled by the ARE, and the total number of animals transferred into an ARE's custody during the prior licensing year. Fees are not prorated. A license will be valid for the remainder of the license year in which the license is issued or renewed.
(a) Organization license fee -- Each ARE shall pay an organization license fee based on the ARE's organization type. Organization fees shall be calculated as follows:
(A) ARE's which own or operate one or more physical locations meeting the definition in OAR 603-015-080(4)(a); this fee includes one primary physical location owned or operated by the ARE - $375
(B) ARE's which do not own or operate any physical locations, that operate only foster facilities or physical locations meeting the definition in OAR 603-015-080(4)(b) - $300
(b) Physical location fee -- Each ARE shall pay a physical location fee for each physical location where animals in the legal custody of the ARE are kept. For AREs which are licensed under
(4)(a)(A) of this rule, the ARE's primary physical location will be exempt from this fee. The physical location fee shall be $75 per physical location.
(c) Animal transfer fee --Each ARE shall pay an animal transfer fee based on the number of animals transferred into the ARE's custody during the previous license year. Transferred animals shall include any animal that was in the ARE's legal custody for any length of time. Animal transfer fees will not be assessed to AREs being newly licensed, but shall be assessed each following license year for renewal. Animal Transfer Fees shall be calculated as follows:
(A) 50 or fewer animals transferred into the ARE's custody - $0
(B) 51 to 250 animals transferred into the ARE's custody - $0
(C) 251 to 500 animals transferred into the ARE's custody - $250
(D) 501 to 1000 animals transferred into the ARE's custody - $500
(E) 1001 to 2500 animals transferred into the ARE's custody - $750
(F) 2501 or more animals transferred into the ARE's custody - $1,500
(5) If the Department receives a complaint about an animal rescue entity or a physical location or foster facility controlled by an animal rescue entity, the Department may initiate an investigation and inspect that animal rescue entity or facility. The Department may seek and obtain a warrant to conduct an investigation or inspection, and when conducting an investigation or inspection pursuant to this rule, the Department may seize any evidence or report any other violations that it observes or otherwise discovers.
(6) An animal rescue entity may only transfer a license to another person with the prior written consent of the Department. The Department will only grant a transfer request if it determines the current license has not expired and the request complies with the requirements of this provision. To request a transfer of a license, a licensee shall submit a request to transfer the license to the Department in writing and include the name, address, and management, ownership, or substantial control of their business or operation to which the animal rescue entity wishes to transfer its license and shall include any other information or documentation requested by the Department. The transferee shall submit a signed release to the Department permitting the performance of a background investigation of the transferee, and the Department shall conduct a background investigation. An inspection is required to complete the license transfer. The Department will either deny or grant the transfer as soon as practicable.
(7) A license renewal for an animal rescue entity may be granted by the Department without an inspection if the animal rescue entity has not committed any violations in the preceding license year and has not made changes to its business or facility. Changes include but are not limited to any alteration of the business location, facility structure, or ownership information. The request for an inspection exemption can be made on the license renewal form.
(8) The Department may refuse to issue or renew, suspend, or revoke a license for any one or more of the following grounds:
(a) Falsification or a deliberate misstatement in the application for any license, any renewal license, or any license transfer;
(b) Engaging in continued noncompliance or repeat violations of provisions outlined in section (3) of this rule;
(c) Engaging in action that seriously threatened the health, safety, or welfare of any animal or person;
(d) Failure to correct deficiencies found during an inspection or investigation or any other violations; or
(e) Any other reason allowed or required by law.
Credits
Statutory/Other Authority: ORS 609.415, 561, 596
Statutes/Other Implemented: ORS 609.415, 609.420
History: DOA 19-2020, f. & cert. ef. 12/01/2020; DOA 20-2023, f. 05/11/2023, cert. ef. 05/15/2023; DOA 10-2024, f. & cert. ef. 05/24/2024.
(1) A record of each animal shall be maintained by the animal rescue entity for the entire time that the animal rescue has legal custody of the animal and for a minimum period of 12 months after date of disposition or transfer of legal custody of the animal.
(2) The record kept by the animal rescue entity shall include:
(a) The date the animal rescue entity obtained legal custody of the animal
(b) The source of the animal including name, street address, and telephone number of the person or entity from whom the animal was obtained;
(c) A description of the animal's appearance and characteristics at intake including all unique identification, present age, sex, species, breed type, weight, and condition of animal;
(d) A photograph of the animal taken within 24 hours of intake;
(e) If applicable, the number of offspring the animal produced while in the legal custody of the animal rescue entity;
(f) Each location where the animal was held while in the legal custody of the animal rescue entity, including the date(s) the animal was held at the location, the physical address of the location, and the name and telephone number of the person or entity responsible for that location.
(g) If applicable, the manner of disposition of the animal including transfer of legal custody to another animal rescue entity or organization, date of disposition, the name, address, and telephone number for any person or entity taking legal custody of an animal;
(h) A record with the animal's microchip or other unique identification;
(i) If applicable, all medications and treatments administered while the animal is in the legal custody of the animal rescue entity, including type, amount, and date of medication administered; and
(j) If applicable, copies of certificates of veterinary inspection, proof of rabies vaccination, and other required documents demonstrating proof that imported animals from out-of-state or from an international source have met Oregon import requirements as per pertinent provisions in ORS chapter 596 and OAR chapter 603, division 011.
Credits
Statutory/Other Authority: ORS 609.415, 561, 596
Statutes/Other Implemented: ORS 609.415, 609.420
History: DOA 19-2020, f. & cert. ef. 12/01/2020; DOA 20-2023, f. 05/11/2023, cert. ef. 05/15/2023.
(1) The purpose of an investigation under this rule is to determine whether the animal rescue entity is subject to or in compliance with the requirements of ORS 609.415 and OAR 603-015-0075 to OAR 603-015-0110.
(2) The Department may conduct an inspection of an animal rescue entity at any time during normal business hours. ORS 561.275. The Department may request any reports, information, or records from the animal rescue entity.
(3) An animal rescue entity shall allow the Department to inspect reports, information, or records of the animal rescue entity upon request and shall furnish any reports, information, or records requested by the Department. The Department may issue subpoenas to require the production of reports, information, or records. ORS 561.279.
(4) The Department may seek and obtain a warrant to conduct an investigation or inspection or obtain reports, information, or records under this rule.
(5) When conducting an investigation or inspection pursuant to this rule, the Department may seize any evidence or report any other violations that it observes or otherwise discovers.
Credits
Statutory/Other Authority: ORS 609.415, 561, 596
Statutes/Other Implemented: ORS 609.415, 609.420
History: DOA 19-2020, f. & cert. ef. 12/01/2020.
603-015-0100. Enforcement Actions
(1) The Department may take the following enforcement actions against an animal rescue entity, either individually or in combination, and in any order whatsoever:
(a) Issue a notice of violation for any violations under OAR 603-015-0075 to OAR 603-015-0110. Each animal involved and each day of a violation constitutes a separate violation. A plan of correction will accompany a notice of violation. A plan of correction will include the following:
(A) A statement of the actions that must be taken by the animal rescue entity to eliminate the violation.
(B) Requirements for the animal rescue entity to report the completion of specific actions.
(C) A reasonable period of time by which compliance is to be achieved not to exceed 30 business days after service of the notice of violation, or if the violation requires more than 30 days to correct, a period of time contained in a plan of correction acceptable to the Department. If compliance is not achieved within the specified time frame, additional regulatory action may be taken by the Department including but not limited to license revocation, impoundment of animals, a civil penalty, or additional civil penalties.
(b) Refuse to issue or renew, suspend, or revoke an animal rescue entity's license.
(c) Issue an order impounding animals. A violation may result in impoundment of any or all animals kept, housed, or maintained under the animal rescue entity's legal custody. Impoundment costs incurred by the Department will be charged to the animal rescue entity. The location and manner of impoundment will be at the discretion of the Department.
(d) Issue a civil penalty for each violation.
(e) Take any other enforcement action allowed by law.
(2) The following orders are contested case orders: a notice of violation; a refusal to issue or renew, suspend, or revoke an animal rescue entity's license; and a notice of imposition of civil penalty. These orders shall comply with ORS 183.415 and other applicable provisions of the Oregon Administrative Procedures Act and its implementing regulations and any other Department laws or regulations relating to such orders. An animal rescue entity shall have the right to judicial review of such orders pursuant to ORS 183.482.
(3) An impoundment order is an order in other than contested case. An animal rescue entity shall have the right to judicial review of an impoundment order pursuant to ORS 183.484.
(4) At the discretion of the director, the Department may settle cases when circumstances deem it appropriate.
Credits
Statutory/Other Authority: ORS 609.415, 561, 596
Statutes/Other Implemented: ORS 609.415, 609.420
History: DOA 19-2020, f. & cert. ef. 12/01/2020; DOA 20-2023, f. 05/11/2023, cert. ef. 05/15/2023.
603-015-0105. Assessing a Civil Penalty
(1) In assessing a civil penalty, the Department shall assess a civil penalty of not more than $500 for each violation against an animal rescue entity for failure to comply with the provisions of ORS 609.415 and OAR 603-015-0075 to OAR 603-015-0110.
(2) In determining the amount of a civil penalty to be assessed for a violation, the Department shall consider the degree and extent of harm or risk of harm caused by the violation including factors such as record of previous violations, and the size of the animal rescue entity. The following violation matrix shall be used to determine the base penalty, “B,” in the formula set forth in OAR 603-015-0110:
RULE | CATEGORY 1 | CATEGORY 2 | CATEGORY 3 |
|---|---|---|---|
LICENSE (OAR 603-015-0085) | Falsification of licensing application information. | Failure to obtain a license or failure to renew license. | Any other violation of the licensure provisions. |
Violations relating to health and safety conditions at the ARE. | |||
ANIMAL RECORDS: (OAR 603-015-0090) | Animal movement or medical records are not maintained or available upon request. | Animals are not properly identified. | Animal records are not complete. |
Any other violation of the animal record provisions. |
Credits
Statutory/Other Authority: ORS 609.415, 561, 596
Statutes/Other Implemented: ORS 609.415, 609.420
History: DOA 19-2020, f. & cert. ef. 12/01/2020; DOA 20-2023, f. 05/11/2023, cert. ef. 05/15/2023.
603-015-0110. Civil Penalty Determination Formula
The Department will use the following formula to calculate the civil penalty assessed: B + [(0.1 x B) (P + S)], where:
(1) B = Base penalty from matrix: Category 1 = $250; Category 2 = $150; Category 3 = $75.
(2) P = Past occurrence of violations within the past 5 years. P will be weighted from 0 to 6 in the following manner: 0 = No prior violations or insufficient evidence on which to base a finding; 1 = Past occurrence of one Category 3 violation; 2 = Past occurrence of one Category 2 violation or two Category 3 violations; 3 = Past occurrence of one Category 1 violation, two Category 2 violations, or three Category 3 violations; 4 = Past occurrence of two Category 1 violations, three Category 2 violations, or four Category 3 violations; 5 = Past occurrence of three Category 1 violations, four Category 2 violations, or five or more Category 3 violations; 6 = Past occurrence of more than three Category 1 violations or five or more Category 2 violations.
(3) S = Size of rescue entity, the number of animals in the entity's legal custody. S will be weighted from 0 to 4 in the following manner: 0 = Small rescue entity (25 or fewer animals); 2 = Medium rescue entity (26 to 100 animals); 4 = Large rescue entity (greater than 100 animals).
Credits
Statutory/Other Authority: ORS 609.415, 561, 596
Statutes/Other Implemented: ORS 609.415, 609.420
History: DOA 19-2020, f. & cert. ef. 12/01/2020; DOA 20-2023, f. 05/11/2023, cert. ef. 05/15/2023.
[Formerly cited as OR ADC 603-011-0700]
As used in ORS 609.335(3) and in OAR 603-011-0705 to 603-011-0725, unless the context requires otherwise:
(1) “Exotic animal” has the meaning given by ORS 609.305.
(2) “Facility” means the cage(s), compound(s), room(s), building(s), or other premises specified in a Permit in which the exotic animal(s) is/are to be confined or maintained.
(3) “Keep” does not include the temporary holding of an exotic animal at an animal shelter operated by a city or county, or the immediate transportation of an abandoned, neglected or abused exotic animal to such a Facility.
(4) “Permit” means a document issued by the Department which authorizes (subject to other laws) the Permittee to keep one or more specified exotic animals in captivity at a Facility for a stated period of time.
(5) “Permittee” means the person authorized by a Permit to keep an identified species of exotic animal.
(6) “Species” means the class of an exotic feline, non-human primate, exotic canine, or any exotic bear or any crocodilian.
(7) “Hybrid” means any animal that is produced by crossing at least one exotic animal with any other species of subspecies.
(8) “Domestic animal” means domestic cat (Felis catus), domestic dog (Canis familiaris) and does not include livestock as defined in ORS 607.125
Credits
Statutory/Other Authority: ORS 561, 609
Statutes/Other Implemented: ORS 609.305, 609.335
History: AD 9-1986, f. & ef. 5-27-86; AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98; DOA 8-1998, f. & cert. ef. 9-14-98; DOA 30-2000, f. & cert. ef. 11-6-00; DOA 8-2010, f. & cert. ef. 2-10-10; DOA 39-2023, renumbered from 603-011-0700, f. & cert. ef. 10/31/2023.
603-015-0505. Hybrid Crossed Animals
[Formerly cited as OR ADC 603-011-0701]
For the purposes of OAR 603-011-0705--603-011-0725, any hybrid animal that is produced by crossing a domestic animal and an exotic animal shall be regulated according to the laws governing domestic animals and not subject to exotic animal permit by the Department.
Credits
Statutory/Other Authority: ORS 561, 609
Statutes/Other Implemented: ORS 609.305, 609.335
History: DOA 8-2010, f. & cert. ef. 2-10-10; DOA 39-2023, renumbered from 603-011-0701, f. & cert. ef. 10/31/2023.
603-015-0510. Permit Application, Issuance, and Renewal
[Formerly cited as OR ADC 603-011-0705]
(1) A person intending to keep an exotic animal in captivity shall before acquiring the animal, apply to the Department for the issuance of a Permit by submitting an application therefore to the Animal Health Division of the Department at its address of Agriculture Building, 635 Capitol Street N.E., Salem, OR 97301, accompanied by a permit fee. Holders of a valid license or registration from the U.S. Department of Agriculture under the federal Animal Welfare Act of 1970, or holders of a valid permit from the Oregon Department of Fish and Wildlife to operate a wildlife rehabilitation facility are not subject to OAR 603-011-0700 through 603-011-0725, including the requirement to obtain a Permit from the Department.
Permit fees shall be:
(a) $100 for Class 1 and 2 felines, Class 1 and 2 primates, bears and Class 1 canines;
(b) $75 for crocodilians;
(c) $50 for all other exotic animal classes.
(2) Before the stated date of expiration of a Permit, the holder of the Permit may apply to the Department for a renewal thereof for an additional term of up to two years from the stated expiration date, and thereafter for additional two-year renewals of the permit. Notwithstanding the term of the Permit, the Department may modify in writing the conditions and/or limitations of the Permit at any time. Renewal fees shall be:
(a) $100 for Class 1 felines, Class 1 primates and bears.
(b) $50 for crocodilians.
(c) $25 for all other exotic animal classes.
(3) An application for a Permit shall be on a form prescribed by the Department, shall be signed by the Permittee, and shall include:
(a) The name, address and telephone number of the Permittee, and the owner of the animal(s) if different than the Permittee;
(b) The specific location and nature of the proposed Facility. If the real property containing the proposed Facility is leased, the application shall also include the name and written consent of the owner to the keeping of the exotic animals on the property. For Class 1 and 2 exotic felines, Class 1 and 2 non-human primates, bears, and Class 1 exotic canines the application shall include a sketch map of the premises owned or leased by the Permittee with dimensions of the real property and description of all adjacent properties;
(c) The species of exotic animals for which the Permit is sought;
(d) A certification by the Permittee that all federal, state, county and city permitting requirements have been met, including copies of each relevant permit;
(e) The name, address and telephone number of the veterinarian intended to provide medical care for the exotic animal(s);
(f) The documented experience, training and education of the Permittee relating to the care and keeping of the particular species of exotic animal(s) for which application is being made;
(g) A written plan for nutrition, health maintenance, and general welfare of the animal which has been prepared by or approved by an authoritative reference person. Such approval or plan shall include the name, title, position, qualification, address and telephone number of the reference person. The plan will be reviewed by the Department prior to approval; and
(h) The date upon which the proposed Facility will be available for inspection by the Department, which shall be not less than 7 days prior to the time the exotic animal(s) is/are kept at the proposed Facility.
(4) The Department shall review the permit application and in determining whether to issue or renew the Permit shall consider factors relating to public safety and health, welfare and safety of the animal. Such factors include but are not limited to:
(a) Proximity of the Facility to public routes of travel, residential neighborhoods, schools, and other public gathering places;
(b) Potential for unintended or accidental public access to the Facility;
(c) Potential for vandalism that compromises the security of the Facility; and
(d) Potential for willful harassment or disturbance of the animal(s).
(e) Whether, based on the Permittee's certification and any other evidence received by the Department in connection with the proposed Facility, all federal, state, county and city laws applicable to the Facility have been met.
(5) The Department shall conduct an interview with the Permittee to determine if the Permittee is likely to be able to keep the exotic animal(s) so as to assure the health, welfare and safety of the animal(s) and the security of the proposed Facility so as to avoid undue risk to the public. In determining whether to issue or renew the Permit, the Department shall also consider whether:
(a) The Permittee has adequate knowledge, experience and training to maintain the health, welfare and safety of the animal(s), and to handle the animal(s) with safety and competence.
This will include review of the written plan for nutrition and health maintenance and consideration for the needs of infant animal(s). Approval of permits for Class 1 & 2 exotic felines, Class 1 non-human primates, and bears shall require a minimum of 500 hours of hands-on experience including nutrition, feed preparation, safe handling, transportation, and general welfare and maintenance of the animal type involved or of other species of exotic felines, non-human primates, or bears. Fewer hours of hands-on-experience are required for permitting other classes or species. At least one-half of such experience must be with animals of the classification for which the permit is sought. Such experience may be documented by a log book, employment records, or other means by which experience may be authenticated; and
(b) The Facility is adequately designed, constructed, and is likely to be managed to protect the public from escape of the confined animal(s) including when the Permittee is not on the premises.
(6) Before issuing a Permit the Department may perform an inspection of the Facility to determine its design, construction and proposed operation is consistent with the applicable provisions of OAR 603-011-0700 to 603-011-0725 and ORS 609.309.
(7) Following its review of the application and any other relevant information, the Department shall either issue the Permit or deny the application and notify the applicant. If the Department issues the Permit, it may include any conditions intended to ensure the health, welfare and safety of the animal(s) covered by the Permit and, where the Department finds it necessary, conditions intended to assure the security of the Facility so as to avoid undue risk to the public. Such conditions may include limitations on the number of animals that can be kept at the Facility.
Credits
Statutory/Other Authority: ORS 561, 609
Statutes/Other Implemented: ORS 609.205 - 609.335
History: AD 9-1986, f. & ef. 5-27-86; AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98; DOA 8-1998, f. & cert. ef. 9-14-98; DOA 30-2000, f. & cert. ef. 11-6-00; DOA 30-2000, f. & cert. ef. 11-6-00; DOA 8-2010, f. & cert. ef. 2-10-10; DOA 39-2023, renumbered from 603-011-0705, f. & cert. ef. 10/31/2023.
603-015-0515. Crocodilians -- Special Requirements
[Formerly cited as OR ADC 603-011-0706]
(1) Animal Classification:
(a) Exotic crocodilians include all individuals of the order Crocodylia including but not limited to American Alligators and Crocodile Hybrids.
(2) Inside enclosure: The indoor enclosure should be constructed in such a way as to prevent escape of the animal. Latching clips and/or locks are required on doors and windows that open. The lid to the enclosure shall be well ventilated and may be covered with wire mesh, appropriate to the size of the animal, to prevent its escape. The enclosure area shall consist of a dry area and a water area. Both areas must be easily accessible by the animal. The area of the enclosure must be large enough such that the animal can turn around without its body touching any side and can perch its entire body on dry surface. The depth of the water shall be enough to fully submerge the animal. The temperature on the dry surface in the enclosure must be maintained between 75--90 degrees F. Ambient air temperature shall be kept between 75 to 90 degrees F. The water temperature must be maintained between 75--85 degrees F at all times.
(3) Outside enclosure: Crocodilians may be kept outside if weather conditions and ambient temperatures meet minimum temperatures as described for indoor enclosures, otherwise may only be outside during exercise regiment. When transporting the animal to and from outside it is required that the animal be carried in a secure portable container that encloses the animal completely. Fencing for outside enclosures must be of sufficient strength and height to prevent escape of the animal. Bottom of the fence must also be secure enough to prevent escape of the animal. Fencing must also prevent unauthorized persons and animals from entering the enclosure.
(4) Feeding: Owners must demonstrate knowledge of crocodilian nutrition. Exotic crocodilians must be fed a balanced diet sufficient to their needs but such food items may not include live animals.
(5) No exotic crocodilian may be restrained by a harness or muzzle as primary means of confinement.
(6) Security: In order to provide for the safety of the public, exotic crocodilians shall be handled in accordance with the following:
(a) All outside enclosures for exotic crocodilians shall be kept separate from the public in a way that prevents contact with animals or persons outside the enclosure.
(b) Exotic crocodilians shall be confined within their enclosures (inside and/or outside) and only allowed outside them for medical treatment or for removal to another approved facility. When being transported, the animal must be secured in a portable container within the vehicle.
(7) Sanitation: Excreta, uneaten food and any type of algae or debris shall be removed from enclosures (including the water pond) as often as necessary to prevent contamination of the food or water, reduce disease hazards and reduce odors.
Credits
Statutory/Other Authority: ORS 561, 609
Statutes/Other Implemented: ORS 609.305, 609.335
History: DOA 8-2010, f. & cert. ef. 2-10-10; DOA 39-2023, renumbered from 603-011-0706, f. & cert. ef. 10/31/2023.
603-015-0520. Felines -- Special Requirements
[Formerly cited as OR ADC 603-011-0710]
(1) Animal Classification:
(a) Class 1 exotic felines shall include all individuals of the genus Panthera, including lions, tigers, leopards, snow leopards, jaguars; ligers or any other hybrids of genus Panthera; and individuals of any other non-indigenous feline species not listed in Class 1 or Class 2 that weigh 100 pounds or more when fully mature;
(b) Class 2 exotic felines shall include cheetahs, clouded leopards, and individuals of any other non-indigenous felines not listed in Class 3 that weigh more than 50 pounds but less than 100 pounds when fully mature; and
(c) Class 3 exotic felines shall include wild cat, jungle cat, desert cat, sand cat, black-footed cat, Pallas's cat, caracal, serval, marbled cat, golden cat, leopard cat, rusty-spotted cat, fishing cat, flat-headed cat, iriomote cat, pampas cat, ocelot, margay, Geoffroy's cat, kodkod, mountain cat, jaguarundi, caucasus cat, and other such species of small exotic cats that weigh 50 pounds or less when fully mature.
(2) Any Facility for Class 1 and Class 2 exotic felines shall comply with one or more of the following:
(a) Outdoor Facilities -- Cages: If exotic felines are maintained in cages, the cage shall include adequate-size loafing shelves, den boxes, and shelter(s) from adverse weather conditions, and shall provide sufficient space for the animals to make normal postural and social adjustments with freedom of movement. Provisions for shade shall be made so that shade is available somewhere in the cage during all daylight hours, preferably over the den box, loafing shelves, or shelter. The floor of the cage shall not be constructed of wood or uncovered wire materials. Floors of chain link or woven wire must be covered a minimum depth of four inches with dirt, pea gravel, and/or sand. Excepting concrete slab floors, a strip of 14 gauge or heavier chain link fencing extending to the interior of the cage at least two feet and to the exterior of the cage at least one foot shall be laid around the perimeter, shall be buried to a minimum depth of four inches, and shall be securely attached to the bottom retaining rail. Concrete slab floors must incorporate the chain link fencing into the concrete slab or otherwise be firmly anchored. Aluminum wire is not acceptable for use in anchoring the chain link fencing. The cage shall include a suitable drainage system for the rapid elimination of excess water. The top of the cage shall be securely covered. There shall be a double-gate safety entrance installed in each cage which will not reduce the required minimum size of the cage. A ground-level retaining rail, or equivalent barrier, shall be provided around each cage. The cage shall be securely locked except during cleaning. The structure shall be designed and constructed so as to prevent escape by the animal(s) or entrance by the public, and shall be located consistent with any applicable local setback requirements but in any case no closer than six feet from the nearest public access or the nearest property line unless an impervious wall on the property line is used as a wall of the primary enclosure.
(A) The cage for Class 1 exotic felines shall be constructed of at least 9-gauge chain link fencing or equivalent. The cage of an individual animal shall be minimally six feet in height, 400 square feet area (800 square feet area for a pair of animals), and be securely covered.
(B) The cage for Class 2 animals shall be constructed of at least 14-gauge chain link fencing or equivalent, having not more than 2 x 4-inch openings. The cage for an individual animal shall be minimally six feet in height, 200 square feet area (400 square feet for a pair of animals), and be securely covered.
(b) Outdoor Facilities -- Range Areas: If exotic felines are maintained in large areas simulating natural surroundings of a park-like nature, the areas need not be roofed, but shall have perimeter fencing constructed of chain link fencing of a gauge required for the class of exotic felines to be maintained in the area, and of a height required for this class of exotic felines, which fencing shall be topped with an internal overhang of three feet in width so as to prevent the escape by the animal(s). The exterior fencing of the Facility shall be embedded to a depth of at least six inches in either concrete or other material that cannot be destroyed or removed by the exotic felines. The Facility shall include shelters from adverse weather conditions which shall include sufficient space for the animals to make normal postural and social adjustments with freedom of movement. Provisions for shade shall be made so that shade is available somewhere in the Facility during all daylight hours.
(c) Indoor Facilities: If exotic felines are maintained in a structure with a solid roof and walls, the Facility shall be designed and constructed so as to prevent the escape of the animal(s). The window openings of the Facility, other than openings directly to adjacent cages, shall be covered with wire mesh or gratings made of the same materials as the cage for the class of exotic felines to be maintained. The Facility shall be adequately ventilated, through the installation and use of windows, vents, doors or air conditioning, so as to minimize drafts, odors and moisture condensation. The Facility shall be sufficiently lighted, either through natural or artificial means, so as to permit thorough inspection and cleaning of the Facility and so as to protect the animal(s) from excessive illumination. The Facility shall be structurally sound and maintained in good repair so as to protect the animal(s) from injury, to keep the animal(s) dry and clean, to contain the animal(s), and to restrict entry of other animals. The Facility shall also be supplied with adequate electrical power, potable water, and equipment for the removal and disposal of animal excreta and debris.
(3) The primary enclosure for Class 3 exotic felines shall be no less than 10 times the area occupied by the animal when standing on four feet.
(4) No exotic feline may be restrained by a tether as primary means of confinement.
(5) Security: In order to provide for the safety of the public, exotic felines shall be handled in accordance with the following:
(a) Cages and outdoor Facilities for Class 1 and 2 exotic felines shall be surrounded by a fence or wall that is of sufficient strength and construction so as to prevent entrance by the public. The fence shall be at least six feet in height and six feet distant from the cage. Impervious walls on the outside perimeter of the property used as wall(s) of the primary enclosure do not require the additional perimeter fence. The area enclosed by the fence or wall required by this section is not part of the Facility for purposes of the confinement area requirement; and
(b) All classes of exotic felines shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. When being transported the animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with, the operator of the vehicle.
(6) Sanitation: Excreta and debris shall be removed from indoor and outdoor Facilities as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors.
(7) The Department may modify or waive the confinement requirements established in sections (2), (3), and (5) of this rule subject to the following:
(a) The animal is determined by the Department to be less than 180 days of age;
(b) The Departments's approval to modify or waive the requirements must be in writing and must include an expiration date; and
(c) The Department may impose reasonable conditions on such approval.
Credits
Statutory/Other Authority: ORS 561, 609
Statutes/Other Implemented: ORS 609.205 - 609.335
History: AD 9-1986, f. & ef. 5-27-86; AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98; DOA 8-1998, f. & cert. ef. 9-14-98; DOA 39-2023, renumbered from 603-011-0710, f. & cert. ef. 10/31/2023.
603-015-0525. Bears -- Special Requirements
[Formerly cited as OR ADC 603-011-0715]
Any Facility for bears shall comply with the following:
(1) Outdoor Facilities -- Cages: An area of at least 400 square feet shall be provided for each animal, so as to provide sufficient space for the animal(s) to make postural and social adjustments with freedom of movement. The floor shall be four-inch reinforced concrete, sloped for free drainage, and provided with a drainage grating of adequate strength to prevent removal by a bear. The floor shall be surrounded by a curb of six-inch reinforced concrete, not less than 12 inches in height. Each pen or cage shall be at least six feet in height and be roofed to prevent escape of the bears, and areas of shade shall be provided for the animal(s).
(2) Cage construction: Securely attached to cage, there shall be at least one feed trough, not less than 12 inches in depth with a capacity of not less than three cubic feet; at least one water trough, not less than 18 inches in depth with a capacity of not less than three cubic feet; and at least one den box for each animal, emplaced not less than six inches above floor level of the cage, which provides 15 square feet of floor area and at least 30 inches of inside height, with a floor sloped to provide free drainage. If of frame and mesh construction, the cage shall consist of a support framework, top and sides of steel pipes or beams equivalent in strength to 1-1/2 inch steel pipe, securely welded, bolted or threaded together, with framework members at intervals of no more than five feet. The wire mesh covering shall be five-gauge chain link fencing or equivalent, securely bolted together and to the framework. If a bar-type construction, the cage shall consist of steel pipes or bars equivalent in strength to 3/4-inch steel pipe, spaced at intervals not to exceed six inches, supported at intervals not to exceed 36 inches with 3/8 x 2-inch steel bars drilled to receive the vertical boards at the support intervals, with all joints or points of meeting securely bolted or welded at the top and sides. The skirt of the cage shall be embedded in a concrete curb to a depth of not less than six inches.
(3) Security: In order to provide for the safety of the public, bears shall be handled in accordance with the following:
(a) A gate to the main cage shall be installed and constructed so as to provide strength equivalent to the rest of the cage, and the hinges and fasteners shall be adequate to provide strength equivalent to the rest of the cage;
(b) The animal(s) shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. The animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with the operator of, the vehicle; and
(c) The cage shall be securely padlocked except during cleaning. An additional fence of sturdy construction, not less than six feet in height and not less than six feet removed from the cage shall be erected and maintained. Impervious walls on the outside perimeter of the property used as wall(s) of the primary enclosure do not require the additional fence. No person except the keeper of the bears shall be allowed to approach the cage beyond this fence.
(4) Sanitation: Excreta and debris shall be removed from the facilities as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors.
(5) The Department may modify or waive the confinement requirements established in sections (1), (2), and (3) of this rule subject to the following:
(a) The animal is determined by the Department to be less than 180 days of age;
(b) The Department's approval to modify or waive the requirements must be in writing and must include an expiration date; and
(c) The Department may impose reasonable conditions on such approval.
Credits
Statutory/Other Authority: ORS 561, 609
Statutes/Other Implemented: ORS 609.305 - 609.335
History: AD 9-1986, f. & ef. 5-27-86; AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98; DOA 8-1998, f. & cert. ef. 9-14-98; DOA 30-2000, f. & cert. ef. 11-6-00; DOA 39-2023, renumbered from 603-011-0715, f. & cert. ef. 10/31/2023.
603-015-0530. Non-Human Primates -- Special Requirements
[Formerly cited as OR ADC 603-011-0720]
(1) Animal Classification:
(a) Class 1 non-human primates shall be all great apes and larger primates of infraorder Catarrhini, including but not limited to gorillas, chimpanzees, orangutans, baboons, and gibbons;
(b) Class 2 non-human primates shall be all old-world monkeys of infraorder Catarrhini, including but not limited to macaques of all subclassifications (pig-tailed, rhesus, Japanese, cynomolgus, crab-eating, long-tailed, java, Barbary, and any other macaques), all guenons (African Green monkey grouping), patas monkeys, and mangabeys; and
(c) Class 3 non-human primates shall include all old-world primates of the suborder Prosimii (prosimians) and all new-world monkeys of infraorder Platyrhini, including but not limited to squirrel monkeys and all other Saimiri species, spider monkeys and all other Ateles species, capuchins and all other Cebus species, marmosets and tamarinds of all subclassifications, owl monkeys, howler monkeys, and wooley monkeys.
(2) Any Facility for Class 1 non-human primates shall comply with the following provisions for Outdoor Facilities. The cage shall include sufficient shade areas so as to protect the animal(s) from direct sunrays; provide the animal(s) with access to shelter which will allow the animal(s) to remain dry and comfortable during inclement weather; include a suitable drainage system for the rapid elimination of excess water; provide sufficient space for the animal(s) to make normal postural and social adjustments; include apparatus for normal behavioral activities, and have a minimum floor space equal to 10 times the area occupied by each animal when it is standing on four feet. Any indoor Facility for Class 1 non-human primates shall be in compliance with the caging requirements stipulated in (5)(b) below. Outdoor facilities for Class 2 non-human primates are optional, but if provided must meet the specifications of this section.
(3) Any Facility for Class 1 and Class 2 non-human primates shall comply with the following provisions for Indoor Facilities: The indoor facilities shall be heated so as to protect the animal(s) from cold, with an ambient temperature of not less than 50°F; be adequately ventilated through the installation and use of windows, vents, doors, or air conditioning, so as to minimize drafts, odors, and moisture condensation, and have auxiliary ventilation provided when the ambient temperature exceeds 85°F; be sufficiently lighted, through either natural or artificial means, so as to permit thorough inspection and cleaning of the facilities and so as to protect the non-human primate from excessive illumination; be structurally sound and maintained in good repair, so as to protect the animal(s) from injury and to keep the animal(s) dry and clean, to contain the animal(s), and to restrict entry of other animal(s); to be supplied with adequate electrical power, potable water; and to have disposal facilities for the sanitary removal and disposal of animal waste, bedding, dead animals, and debris. Any indoor Facility for Class 1 non-human primates shall be in compliance with the primary caging space requirements as stipulated in (5)(b) below. Any indoor Facility for Class 2 non-human primates shall be in compliance with the caging requirements as stipulated in (5)(c) below.
(4) The primary enclosure for Class 3 non-human primates shall be in compliance with requirements as stipulated in (5)(c) below.
(5) Security:
(a) In order to provide reasonable precautions for the safety to the public, all classes of non-human primates shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. When being transported, the animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with the operation of, the vehicle;
(b) Minimum caging space for Class 1 non-human primates shall be: up to 44 lbs., floor space 10 sq. feet, minimal height 55 in.; from 45 to 77 lbs, floor space 15 sq. feet, minimal height 60 in.; more than 78 lbs, floor space 25 sq. feet, minimal height 84 in.;
(c) Minimum caging space for Class 2 and 3 non-human primates shall be: up to 2.2 lbs, floor space 1.6 sq. feet, minimal height 20 in.; from 2.3 to 6.6 lbs., floor space 3.0 sq. feet, minimal height 30 in.; from 6.7 to 22 lbs, floor space 4.3 sq. feet, minimal height 30 in.; from 23 to 33 lbs., floor space 6.0 sq. feet, minimal height 32 in.; from 34--55 lbs., floor space 8.0 sq. feet, minimal height 36 in.; from 56--66 lbs., floor space 10.0 sq. feet, minimal height 46 in.; more than 67 lbs., floor space 15.0 sq. feet, minimal height 46 in.
(6) No non-human primate may be restrained by a tether as primary means of confinement.
(7) Sanitation: Excreta and debris shall be removed from the facilities as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors.
(8) The Department may modify or waive the confinement requirements established in sections (2), (3), (4), and (5) of this rule subject to the following:
(a) The animal is determined by the Department to be less than 180 days of age;
(b) The Department's approval to modify or waive the requirements must be in writing and must include an expiration date; and
(c) The Department may impose reasonable conditions on such approval.
Credits
Statutory/Other Authority: ORS 561, 609
Statutes/Other Implemented: ORS 609.205 - 609.335
History: AD 9-1986, f. & ef. 5-27-86; AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98; DOA 8-1998, f. & cert. ef. 9-14-98; DOA 39-2023, renumbered from 603-011-0720, f. & cert. ef. 10/31/2023.
603-015-0535. Exotic Canines -- Special Requirements
[Formerly cited as OR ADC 603-011-0725]
(1) Animal Classification:
(a) Class 1 exotic canines shall include any non-indigenous, non wolf canine whose weight is 50 pounds or more; and
(b) Class 2 exotic canines shall include all non-indigenous canines whose weight is less than 50 pounds.
(2) Any Facility for Class 1 exotic canines shall comply with the following:
(a) Outdoor and Indoor Facilities: Outdoor and indoor facilities shall be constructed and maintained so as to provide sufficient space for each animal to make normal postural and social adjustments with freedom of movement; to keep the animals(s) clean, dry, and safe from injury; and to provide the animal(s) ready access to clean water and wholesome food. All outdoor pens shall have an exterior fence of such height and construction so as to prevent the animal(s) within to surmount it, and to prevent entry of the public;
(b) Security: In order to provide reasonable precautions for the safety of the public, all classes of exotic canines shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. When being transported the animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with the operator of the vehicle;
(c) All exotic canines that are held within a single enclosure shall be selected so as to be compatible with each other and shall not be housed near other animals whose presence may cause them stress or other discomfort; and
(d) Sanitation: Excreta and debris shall be removed from the Facility as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors.
(3) The primary enclosure or caging for Class 2 exotic canines shall be no less than 10 times the area occupied by the animal when standing on four feet.
(4) No exotic canine may be restrained by a tether as primary means of confinement.
(5) The Department may modify or waive the confinement requirements established in sections (2) and (3) of this rule subject to the following:
(a) The animal is determined by the Department to be less than 180 days of age;
(b) The Department's approval to modify or waive the requirements must be in writing and must include an expiration date; and
(c) The Department may impose reasonable conditions on such approval.
Credits
Statutory/Other Authority: ORS 561, 609
Statutes/Other Implemented: ORS 609.205 - 609.335
History: AD 9-1986, f. & ef. 5-27-86; AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98; DOA 8-1998, f. & cert. ef. 9-14-98; DOA 30-2000, f. & cert. ef. 11-6-00; DOA 8-2010, f. & cert. ef. 2-10-10; DOA 39-2023, renumbered from 603-011-0725, f. & cert. ef. 10/31/2023.