rules of department of agriculture -...

CODE OF STATE REGULATIONS 1JASON KANDER (7/31/16)Secretary of State

Rules ofDepartment of Agriculture

Division 30—Animal HealthChapter 9—Animal Care Facilities

Title Page

2 CSR 30-9.010 Animal Care Facilities Definitions ..........................................................3

2 CSR 30-9.020 Animal Care Facility Rules Governing Licensing, Fees, Reports,Record Keeping, Veterinary Care, Identification, and Holding Period...............5

2 CSR 30-9.030 Animal Care Facilities Minimum Standards of Operation and Transportation .....15

2 CSR 30-9.040 Large Carnivore Act Definitions ...........................................................25

2 CSR 30-9.050 Large Carnivore Act Permit and Standards ...............................................26

2 CSR 30-9.100 Eurasian, Russian, and Captured Feral Swine Facility Act Definitions .............28

2 CSR 30-9.110 Feral Swine Confinement Permit and Standards.........................................28

Title 2—DEPARTMENT OFAGRICULTURE

Division 30—Animal HealthChapter 9—Animal Care Facilities

2 CSR 30-9.010 Animal Care FacilitiesDefinitions

PURPOSE: This rule defines terms used inlicensing, operating, and inspecting animalcare facilities.

(1) The terms defined in sections 273.325and 273.345, RSMo, in addition to other rel-ative terms pertaining to animal care will beapplied for use in 2 CSR 30-9.020 and 2 CSR30-9.030.

(2) Definitions. As used in 2 CSR 30-9.020and 2 CSR 30-9.030, the following termsshall mean:

(A) ACFA means the Animal Care Facili-ties Act;

(B) Adequate food means the provision, atsuitable intervals of not more than twelve (12)hours, unless the dietary requirements of thespecies requires a longer interval, of a quan-tity of wholesome foodstuff, suitable for thespecies and age, enough to maintain a rea-sonable level of nutrition in each animal. Allfoodstuffs must be served in a safe recepta-cle, dish, or container;

(C) Adequate housing means the continu-ous provision of a sanitary facility, protectionfrom the extremes of weather conditions,proper ventilation, and appropriate space(depending on the species of animal) asdefined by the regulations of the UnitedStates Department of Agriculture (USDA)and this rule;

(D) Adequate water means the provision ofa supply of potable water in a safe receptacle,dish, or container. Water shall be providedcontinuously or at intervals suitable to thespecies (intervals shall not exceed eight (8)hours);

(E) Adequate rest between breeding cyclesmeans, at minimum, ensuring that femaledogs are not bred to produce more litters inany given period than what is recommendedby a licensed veterinarian as appropriate forthe species, age, and health of the dog;

(F) Adopter means a person who is legallycompetent to enter into a contract and who isadopting or buying a dog or cat from a releas-ing agency;

(G) Adult animal means any dog or cat thathas reached the age of one hundred eighty(180) days or six (6) months or more;

(H) Animal means any dog or cat used orintended for use for research, teaching, test-ing, breeding, exhibition purposes, or as a pet;

(I) Animal shelter means a facility used tohouse or contain animals, operated or main-

tained by an incorporated humane society,animal welfare society, society for the pre-vention of cruelty to animals, or other not-for-profit organization. An animal shelter isdevoted to the welfare, protection, andhumane treatment of animals; or a personwhose primary purpose is to act as an animalrescue, to collect and care for unwanted ani-mals, or to offer them for adoption is alsoincluded in this definition;

(J) Animal welfare official means anylicensed veterinarian designated by and underthe supervision of the state veterinarian, whoadministers or assists in the administration ofthe ACFA, or any appointee of the directorand shall include all deputy state veterinari-ans;

(K) Approved flooring means elevatedflooring used for a surface on which an ani-mal stands, approved by the state veterinari-an, and listed on the department’s website bydescription and specifications, as revised,except that flooring meeting the definition ofwire strand flooring shall be prohibited andineligible as approved flooring;

(L) Attending veterinarian means any Doc-tor of Veterinary Medicine who has a validlicense to practice veterinary medicine inMissouri issued by the Missouri VeterinaryMedical Board and who has a written agree-ment to perform specified services for alicensee;

(M) Auction means any person selling anyconsignment of dog(s) or cat(s) to the highestbidder. This shall include any means, proce-dure, or practice in which the ownership of adog or cat is conveyed from one (1) person toanother by any type or method of biddingprocess. Auction sales shall be considered asbrokers and must be licensed as dealers underthe ACFA;

(N) Boarding kennel means a place orestablishment, other than a pound or animalshelter, where animals, not owned by the pro-prietor, are sheltered, fed, and watered inreturn for a consideration. This term shallinclude all boarding activities regardless ofname used, such as, but not limited to, petsitters. However, boarding kennel shall notinclude hobby or show breeders who boardintact females for a period of time for the solepurpose of breeding the intact females, andshall not include individuals who temporari-ly, and not in the normal course of business,board or care for animals owned by otherindividuals;

(O) Business hours means a reasonablenumber of hours between seven o’clock in themorning and seven o’clock in the evening(7:00 a.m.–7:00 p.m.), Monday through Fri-day, except legal state holidays, each week ofthe year, during which inspections may bemade;

(P) Carrier means the operator of any air-

line, aircraft, railroad, motor carrier, ship-ping line, or other enterprise which isengaged in the business of transporting anyanimals for hire;

(Q) Cat means any live or dead Felis catus;(R) Commercial breeder means a person,

other than a hobby or show breeder, engagedin the business of breeding animals for sale orfor exchange in return for a consideration,and who harbors more than three (3) intactfemales for the primary purpose of breedinganimals for sale. Persons engaged in breedingdogs and cats who harbor three (3) or lessintact females shall be exempt from thelicense requirement;

(S) Commercial kennel means any kennelwhich performs grooming or training servicesfor animals, and may or may not render board-ing services in return for a consideration;

(T) Contract kennel means any facilityoperated by any person or entity other thanthe state or any political subdivision of thestate, for the purpose of impounding or har-boring seized, stray, homeless, abandoned, orunwanted animals, on behalf of and pursuantto a contract with the state or any politicalsubdivision;

(U) Covered dog means any individual ofthe species of the domestic dog, Canis lupusfamiliaris, or resultant hybrids, that is overthe age of six (6) months and has intact sex-ual organs;

(V) Dealer means any person who isengaged in the business of buying for resale,selling, or exchanging animals, as a principalor agent, or who holds him/herself out to beso engaged or is otherwise classified as adealer by the USDA as defined by the regula-tions of the USDA. A dealer shall purchaseanimals only from persons in the state whoare licensed under the ACFA, or from per-sons who are exempt from licensure;

(W) Director means the director of theMissouri Department of Agriculture;

(X) Dog means any live or dead Canislupus familiaris;

(Y) Euthanasia means the act of putting ananimal to death in a humane manner and shallbe accomplished by a method specified asacceptable by the American Veterinary Med-ical Association Panel on Euthanasia;

(Z) Examination means a complete physicalevaluation from head to tail of a covered dogor cat by a licensed veterinarian to includeauscultation, palpation, and a visual inspec-tion in which the heart rate, respiratory rate,breeding soundness, and the results of palpa-tion are assessed and recorded as indicated onthe forms provided;

(AA) Exhibitor means any person (publicor private) exhibiting any dog or cat to thepublic for compensation or for a considera-tion of any kind whether directly or indirect-ly. This term excludes pet shops who are


Chapter 9—Animal Care Facilities 2 CSR 30-9

exhibiting only the animals for sale to thegeneral public if exhibited only within thelicensed facility;

(BB) Exotic animals for the purpose of theACFA means any member of the familiesCanidae or Felidae not indigenous to Mis-souri or any hybrid descendant of any mem-ber of the families Canidae or Felidaecrossed with any Canis lupus familiaris orFelis catus;

(CC) Extreme weather means outdoor tem-peratures above eighty-five degrees Fahren-heit (85 °F) or below forty-five degreesFahrenheit (45 °F) or during a severe weath-er alert;

(DD) Hobby or show breeder means a non-commercial breeder who breeds dogs or catswith the primary purpose of exhibiting orshowing dogs or cats, improving the breed orselling the dogs or cats, and having no morethan ten (10) intact females. These breedersshall be classified as a hobby or show breed-er if they sell only to other breeders or toindividuals. Hobby or show breeders areexempt from the licensure and inspectionrequirements, but must register annually withthe director for the purpose of establishingthat these persons are hobby or show breed-ers, at no cost to the hobby or show breeders.A breeder who buys or sells any animal forthe primary purpose of resale does not quali-fy as a hobby or show breeder.

1. Registered hobby or show breedersare those meeting the definition in this sub-section.

2. Licensed hobby or show breeders arethose meeting the definition in this subsectionwith the exception of having more than ten(10) intact females. Licensed hobby or showbreeders shall be required to pay the samelicense and per capita fees and meet the samerules, standards, and inspection requirementsas the commercial breeders;

(EE) Housing facility means any land,premises, shed, barn, building, trailer, orother structure or area housing or intended tohouse animals;

(FF) Impervious surface means a surfacethat does not permit the absorption of fluids;

(GG) Indoor housing facility means anystructure or building with environmental con-trols, housing or intended to house animalsand meeting the following requirements:

1. It must be capable of controlling thetemperature within the building or structurewithin the limits set forth for that species ofanimal, of maintaining humidity levels ofthirty to seventy percent (30–70%), and ofrapidly eliminating odors from within thebuilding;

2. It must be an enclosure created by thecontinuous connection of a roof, floor, andwalls (a shed or barn set on top of the grounddoes not have a continuous connection

between the walls and the ground unless afoundation and floor are provided); and

3. It must have at least one (1) door forentry and exit that can be opened and closed(any windows or openings which provide nat-ural light must be covered with a transparentmaterial such as glass or hard plastic);

(HH) Inspector means any personemployed by the department who is autho-rized to perform a function under the ACFAand these rules, or any animal welfare officialas defined in this rule;

(II) Intact female means, with respect tothe dog, a female between the ages of six (6)months and ten (10) years that can be bred.With respect to the cat, a female between theages of six (6) months and eight (8) years thatcan be bred;

(JJ) Intermediate handler means any per-son engaged in any business in which s/hereceives custody of animals through board-ing, ownership, or brokering in connectionwith their transportation in commerce. Inter-mediate handlers shall be licensed underauthority of the ACFA. Persons licensedunder the ACFA who are transporting ani-mals only in the normal course of conductingtheir licensed business shall not be requiredto be licensed as an intermediate handler, butshall be subject to all transportation regula-tions and standards;

(KK) Licensee means any animal shelter,boarding kennel, commercial breeder, com-mercial kennel, contract kennel, dealer, inter-mediate handler, pet shop, and pound or dogpound licensed according to the provisions ofthe ACFA;

(LL) Necessary veterinary care means, atminimum, examination at least once yearlyby a licensed veterinarian, prompt treatmentof any serious illness or injury by a licensedveterinarian, and where needed, humaneeuthanasia by a licensed veterinarian usinglawful techniques deemed acceptable by theAmerican Veterinary Medical Association;

(MM) Outdoor housing facility means anystructure, building, land, or premises, hous-ing or intended to house animals, which doesnot meet the definition of any other type ofhousing facility provided in the rules, and inwhich temperatures cannot be controlledwithin set limits;

(NN) Person means any individual, partner-ship, firm, joint venture, corporation, associ-ation, limited liability company, trust, estate,receiver, syndicate, or other legal entity;

(OO) Pet means any species of the domes-tic dog, Canis lupus familiaris, or resultanthybrids, normally maintained in or near thehousehold of the owner thereof;

(PP) Pet shop means any facility whereanimals are bought, sold, exchanged, oroffered for retail sale to the general public;

(QQ) Pound or dog pound means a facility

operated by the state or any political subdivi-sion of the state for the purpose of impound-ing or harboring seized, stray, homeless,abandoned, or unwanted animals;

(RR) Primary enclosure means any struc-ture or device used to restrict an animal(s) toa limited amount of space, such as a room,pen, run, cage, compartment, pool, hutch, ortether;

(SS) Registrant means any hobby or showbreeder who has properly registered with thedirector according to the provisions of theACFA;

(TT) Regular exercise means the type andamount of exercise sufficient to comply withan exercise plan that has been approved by alicensed veterinarian, developed in accor-dance with regulations regarding exercisepromulgated by the Missouri Department ofAgriculture, and where such plan affords thedog maximum opportunity for outdoor exer-cise as weather permits;

(UU) Retail pet store means a person orretail establishment open to the public wheredogs are bought, sold, exchanged, or offeredfor retail sale directly to the public to be keptas pets, but that does not engage in any breed-ing of dogs for the purpose of selling any off-spring for use as a pet;

(VV) Sanitize means to make physicallyclean and to remove and destroy, to the max-imum degree that is practical, agents injuri-ous to health;

(WW) Serious illness or injury means acondition or injury that would likely result insignificant pain or progression of disease ifnot addressed within twenty-four (24) hoursand would require daily or continuing treat-ment as determined by a veterinarian;

(XX) Sheltered housing facility means ahousing facility which provides the animalwith shelter, protection from the elements, andprotection from temperature extremes at alltimes. A sheltered housing facility may consistof runs or pens totally enclosed in a barn orbuilding, or of connecting inside/outside runsor pens with the inside pens in a totallyenclosed building;

(YY) Standards means the requirementswith respect to humane housing, exhibiting,handling care, treatment, temperature, andtransportation of animals by animal shelters,boarding kennels, commercial breeders, com-mercial kennels, contract kennels, dealers,intermediate handlers, exhibitors, pet shops,and pounds or dog pounds as set forth in 2CSR 30-9;

(ZZ) State means Missouri;(AAA) State veterinarian means the state

veterinarian of Missouri;(BBB) Sufficient food and clean water

means access to appropriate nutritious food atleast twice a day sufficient to maintain goodhealth, and continuous access to potable water

4 CODE OF STATE REGULATIONS (7/31/16) JASON KANDER

Secretary of State

2 CSR 30-9—DEPARTMENT OF AGRICULTURE Division 30—Animal Health

that is not frozen and is generally free ofdebris, feces, algae, and other contaminants;

(CCC) Sufficient housing, including protec-tion from the elements, means the continuousprovision of a sanitary facility, the provision ofa solid surface on which to lie in a recumbentposition, protection from the extremes ofweather conditions, proper ventilation, andappropriate space depending on the species ofanimal as required by regulations of the Mis-souri Department of Agriculture;

(DDD) Sufficient space to turn and stretchfreely, lie down, and fully extend his or herlimbs means having appropriate spacedepending on the species of animal asrequired by regulations of the MissouriDepartment of Agriculture;

(EEE) Transporting vehicle means anytruck, car, trailer, airplane, ship, or railroadcar used for transporting animals;

(FFF) USDA means the United StatesDepartment of Agriculture;

(GGG) Weaned means that an animal hasbecome accustomed to taking solid food andhas done so, without nursing, for a period ofat least five (5) days; and

(HHH) Wire strand flooring means pliablemetallic strands in any length or diameter,mesh or grill-type, with or without a coating,and used for a surface on which an animalstands.

(3) Index.Terms defined—section (1)Definitions—section (2)

ACFA—section (2), subsection (A)Adequate food—section (2), subsection

(B)Adequate housing—section (2), subsec-

tion (C)Adequate water—section (2), subsection

(D)Adequate rest—section (2), subsection

(E)Adopter—section (2), subsection (F)Adult animal—section (2), subsection

(G)Animal—section (2), subsection (H)Animal shelter—section (2), subsection

(I)Animal welfare official—section (2),

subsection (J)Approved flooring—section (2), subsec-

tion (K)Attending veterinarian—section (2),

subsection (L)Auction—section (2), subsection (M)Boarding kennel—section (2), subsec-

tion (N)Business hours—section (2), subsection

(O)Carrier—section (2), subsection (P)Cat—section (2), subsection (Q)Commercial breeder—section (2), sub-

section (R)Commercial kennel—section (2), sub-

section (S)Contract kennel—section (2), subsection

(T)Covered dog—section (2), subsection

(U)Dealer—section (2), subsection (V)Director—section (2), subsection (W)Dog—section (2), subsection (X)Euthanasia—section (2), subsection (Y)Examination—section (2), subsection

(Z)Exhibitor—section (2), subsection (AA)Exotic animals—section (2), subsection

(BB)Extreme weather—section (2), subsec-

tion (CC)Hobby or show breeder—section (2),

subsection (DD)Housing facility—section (2), subsection

(EE)Impervious surface—section (2), sub-

section (FF)Indoor housing facility—section (2),

subsection (GG)Inspector—section (2), subsection (HH)Intact female—section (2), subsection

(II)Intermediate handler—section (2), sub-

section (JJ)Licensee—section (2), subsection (KK)Necessary veterinary care—section (2),

subsection (LL)Outdoor housing facility—section (2),

subsection (MM)Person—section (2), subsection (NN)Pet—section (2), subsection (OO)Pet shop—section (2), subsection (PP)Pound or dog pound—section (2), sub-

section (QQ)Primary enclosure—section (2), subsec-

tion (RR)Registrant—section (2), subsection (SS)Regular exercise—section (2), subsec-

tion (TT)Retail pet store—section (2), subsection

(UU)Sanitize—section (2), subsection (VV)Serious illness or injury—section (2),

subsection (WW)Sheltered housing facility—section (2),

subsection (XX)Standards—section (2), subsection (YY)State—section (2), subsection (ZZ)State veterinarian—section (2), subsec-

tion (AAA)Sufficient food and clean water—section

(2), subsection (BBB)Sufficient housing—section (2), subsec-

tion (CCC)Sufficient space—section (2), subsection

(DDD)Transporting vehicle—section (2), sub-

section (EEE)USDA—section (2), subsection (FFF)Weaned—section (2), subsection (GGG)Wire strand flooring—section (2), sub-

section (HHH)

AUTHORITY: sections 273.344 and 273.346,RSMo 2000.* Original rule filed Jan. 13,1994, effective Aug. 28, 1994. Amended:Filed Oct. 24, 1994, effective May 28, 1995.Emergency amendment filed July 11, 2011,effective July 21, 2011, expired Feb. 23,2012. Amended: Filed July 22, 2011, effec-tive Jan. 30, 2012. Amended: Filed Jan. 21,2016, effective Aug. 30, 2016.

*Original authority: 273.344, RSMo 1992 and 273.346,RSMo 1992.

2 CSR 30-9.020 Animal Care FacilityRules Governing Licensing, Fees, Reports,Record Keeping, Veterinary Care, Identifi-cation, and Holding Period

PURPOSE: This rule sets forth the standardsand requirements for the licensing and oper-ation of animal care facilities.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material, which is incorpo-rated by reference as a portion of this rule,would be unduly cumbersome or expensive.Therefore, the material, which is so incorpo-rated, is on file with the agency who filed thisrule, and with the Office of the Secretary ofState. Any interested person may view thismaterial at either agency’s headquarters orthe same will be made available at the Officeof the Secretary of State at a cost not to exceedactual cost of copy reproduction. The entiretext of the rule is printed here. This note refersonly to the incorporated by reference materi-al. The publication for AVMA Guidelines forthe Euthanasia of Animals: 2013 Edition canbe accessed at http://www.avma.org.

(1) Application for License and Conditions ofIssuing.

(A) Any person or organization operatingan animal shelter, boarding kennel, commer-cial kennel, contract kennel, pet shop, poundor dog pound, or acting as a dealer, commer-cial breeder, intermediate handler orexhibitor in Missouri, must have a validlicense issued by the director in accordancewith the Animal Care Facilities Act (ACFA).

(B) Any person seeking a license under theprovisions of the ACFA shall apply on a formfurnished by the director. An individual mustbe at least eighteen (18) years of age to beissued a valid license. The applicant shall pro-vide all information requested on the applica-tion form, including a valid mailing address



through which the licensee or applicant canalways be reached and a valid premisesaddress where animals, animal facilities,equipment, and records shall be inspected forcompliance. All premises, facilities, or siteswhere a person operates, has an interest in,or keeps animals shall be shown on the appli-cation form or on a separate sheet attached toit. The applicant shall file the completedapplication form with the director. Applica-tions must be accompanied with the appro-priate fee as required in section (2) of thisrule.

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

(D) The following persons are exempt fromthe licensing fees and inspection require-ments:

1. Persons engaged in breeding dogs andcats who harbor three (3) or less intactfemales; and

2. Registered hobby and show breeders,with proof of show.

(E) Pounds or dog pounds are exempt fromthe licensing fees but must meet all otherstandards in 2 CSR 30-9 and will be inspect-ed at least annually.

(F) Any person exempt from the licensingrequirements may voluntarily apply for alicense, but shall agree in writing to complywith the requirements set forth in the specifi-cations for humane handling, care, treatment,and transportation of dogs and cats. Each per-son shall comply with all rules and standardsof the ACFA. A voluntary license may be sur-rendered at any time the licensee so desires.

(G) A license shall be issued to any appli-cant, who has met the requirements of theACFA, has paid the required annual licensefee and the provisional license fee (ifrequired), and has passed the initial or annu-al inspection.

(H) The director may refuse to issue orrenew or may revoke or suspend a license onany one (1) or more of the following grounds:

1. Material and deliberate misstatementon the application for any original license orfor any renewal license;

2. Conviction of any violation of anystate or federal law on the disposition ortreatment of animals;

3. The failure of any person to complywith any provision of the ACFA, or any of theprovisions of the standards in 2 CSR 30-9; or

4. The refusal to allow the inspector freeand unrestricted access to inspect any ACFArequired records, or any animal, premises,facility, area, equipment, or vehicle.

(I) An applicant whose check is returnedby the bank will be charged a fee of fifteendollars ($15) for each returned check. One(1) returned check will be deemed nonpay-ment of fees and will result in denial of

license. Payment of fees must then be madeby certified check, cashier’s check, or moneyorder. An applicant shall not receive a licenseuntil payment has cleared normal bankingprocedures. A delay of up to thirty (30) daysor more may be expected if a personal checkis used for payment of fees.

(J) Operation of an animal shelter, board-ing kennel, commercial kennel, contract ken-nel, pet shop, pound or dog pound, or activ-ity as a commercial breeder, dealer,intermediate handler, or exhibitor (other thana limited show or exhibit) without a validlicense is a class A misdemeanor.

(K) All premises licensed under the ACFAshall be inspected at least once each year, orupon a complaint to the department about aparticular facility. The validity of the com-plaint will be determined by the state veteri-narian.

(L) All licensees or applicants for a licenseor license renewal must make his/her facili-ties, animals, premises, and records availablefor inspection during business hours or atother times mutually agreeable, in writing, tothe applicant and the animal welfare officialdesignated by the state veterinarian. Thelicensee or applicant shall also provide theinspector with sufficient space and facilities,such as a room, a table, and a chair to use inexamining records and writing his/her report.If the licensee’s or applicant’s facilities, ani-mals, premises, procedures, or records do notmeet the requirements in 2 CSR 30-9, theapplicant will be advised in writing of existingdeficiencies and the corrective measures thatmust be completed in a timely manner to bein compliance with the standards in 2 CSR30-9. Persons or facilities which subsequent-ly fail two (2) consecutive reinspections foran original violation shall be charged a fee ofone hundred dollars ($100), which shall bepaid before subsequent inspections will bemade or the renewal of that person’s or facil-ity’s license.

(M) The Department of Agriculture shallnot retain, contract with, or otherwise utilizethe services of the personnel of any nonprof-it organization for the purpose of inspectionor licensing of any animal shelter, pound ordog pound, boarding kennel, commercialkennel, contract kennel, commercial breeder,hobby or show breeder, or pet shop undersections 273.325 to 273.357, RSMo.

(N) A licensee or applicant for a licenseshall not interfere with, threaten, abuse(including verbal abuse), or harass anyinspector or state or federal official whilecarrying out his/her duties.

(O) A license shall be issued to specificpersons for specific premises, facilities, andoperations and does not transfer upon changeof ownership or any other significant changeof business or operation nor is it valid at a

different location. Otherwise, a license issuedunder 2 CSR 30-9 shall be valid and effectiveunless—

1. The license has been revoked or sus-pended pursuant to section 273.329, RSMo;

2. The license is voluntarily terminatedby the written request of the licensee to thedirector;

3. The license has expired or has other-wise been terminated under 2 CSR 30-9; or

4. The applicant did not pay the licensefee as required.

(P) There will be no refund of fees if alicense is terminated for any reason before itsexpiration.

(Q) Licensees must accept delivery of reg-istered mail or certified mail notice and pro-vide the director notice of any change ofaddress.

(R) All licenses will expire on January 31each year and will automatically terminate atmidnight on that date unless the properlycompleted application with the appropriatefee has been received by the director. A per-son whose license has been automatically ter-minated shall not conduct any activity forwhich a license is required by the ACFA untilall requirements for issuing the license havebeen met and a valid license has been dulyissued.

(S) Any person who seeks the reinstate-ment of a license that has been automaticallyterminated must follow the procedure appli-cable to new applicants for a license.

(T) A license which is invalid under 2 CSR30-9 shall be surrendered to the director. Ifthe license cannot be found, the licensee shallprovide a written statement so stating to thedirector.

(U) Contested cases and other mattersinvolving licensees and the director, or hisdesignee, may be informally resolved by con-sent agreement, settlement, stipulation, con-sent order, or default.

(V) Whenever the state veterinarian or astate animal welfare official finds past viola-tions of sections 273.325 to 273.357, RSMo,have occurred and have not been corrected oraddressed, including operating without avalid license under section 273.327, RSMo,the director may request the attorney generalor the county prosecuting attorney or circuitattorney to bring an action in circuit court inthe county where the violations have occurredfor a temporary restraining order, prelimi-nary injunction, permanent injunction, or aremedial order enforceable in a circuit courtto correct such violations and, in addition,the court may assess a civil penalty in anamount not to exceed one thousand dollars($1,000) for each violation. Each violationshall constitute a separate offense.


Secretary of State


(W) A person commits the crime of caninecruelty if such person repeatedly violates sec-tions 273.325 to 273.357, RSMo, so as topose a substantial risk to the health and wel-fare of animals in such person’s custody orknowingly violates an agreed-to remedialorder involving the safety and welfare of ani-mals under this section. The crime of caninecruelty is a class C misdemeanor, unless theperson has previously pled guilty or nolocontendere to or been found guilty of a viola-tion of this subsection, in which case, eachsuch violation is a class A misdemeanor.

1. The attorney general or the countyprosecuting attorney or circuit attorney maybring an action under sections 273.325 to273.357, RSMo, in circuit court in the coun-ty where the crime has occurred for criminalpunishment.

2. No action under this section shall pre-vent or preclude action taken under section578.012, RSMo, or under subsection 3 ofsection 273.329, RSMo.

(X) Facilities designated as Blue RibbonKennels shall meet the following additionalrequirements:

1. The licensee must have no violationscited during the past year;

2. The premise must be neat and free ofclutter, it must be mowed and kept free ofjunk, the buildings must be in good repair,and it should reflect a positive image to thegeneral public;

3. The kennel must have a written biose-curity plan with signs posted that containinstructions for entry;

4. All dogs must be identified bymicrochip upon change in ownership; and

5. The licensee must be a member of theMissouri Pet Breeders Association or theProfessional Pet Association and they mustmaintain twenty (20) hours of continuing edu-cation.

(2) License Fees.(A) In addition to the application for a

license or license renewal, each person shallsubmit to the director the annual license feeand provisional license fee (if required) pre-scribed in this section, which shows themethod used to calculate the appropriate fee.The license fee shall be computed in accor-dance with the following and based upon theprevious year’s business:

1. Animal shelter—One hundred dollars($100), plus the annual animal shelter percapita fee for every animal sold, traded,bartered, brokered, adopted out, or givenaway, up to a maximum of two thousand fivehundred dollars ($2,500);

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

3. Commercial kennel—One hundreddollars ($100), plus the annual commercialkennel per capita fee for each board day, upto a maximum of two thousand five hundreddollars ($2,500);

4. Boarding kennel—One hundred dol-lars ($100), plus the annual boarding kennelper capita fee for each board day, up to amaximum of two thousand five hundred dol-lars ($2,500);

5. Commercial breeder—One hundreddollars ($100), plus the annual commercialbreeder per capita fee for every animal sold,traded, bartered, brokered, or given away, upto a maximum of two thousand five hundreddollars ($2,500);

6. Contract kennel—One hundred dol-lars ($100), plus the annual contract kennelper capita fee for every animal sold, traded,bartered, brokered, adopted out, or givenaway, up to a maximum of two thousand fivehundred dollars ($2,500);

7. Dealer (also auction sale operator orbroker)—One hundred dollars ($100), plusthe annual dealer per capita fee for every ani-mal sold, traded, bartered, brokered, orgiven away, up to a maximum of two thou-sand five hundred dollars ($2,500);

8. Pet shop—One hundred dollars($100), plus the annual pet shop per capitafee for every animal sold, traded, bartered,brokered, or given away, up to a maximum oftwo thousand five hundred dollars ($2,500);

9. Intermediate handler—One hundreddollars ($100), plus a per capita fee for eachboard day and each animal purchased or bro-kered and transported up to a maximum oftwo thousand five hundred dollars ($2,500).Animals which are transported only will beconsidered as carrier-transported and notsubject to a per capita fee;

10. Voluntary licensee (persons/facilitiesnot required to be licensed by definition ofthe law but desire to obtain a license any-way)—One hundred dollars ($100); and

11. Hobby or show breeder—Exemptfrom fees and inspection requirements butmust register annually and certify status.

(B) Per Capita Fees. 1. Per capita fees shall be assessed

annually and based upon the budgetary needsof the program. Per capita fees shall be thesame for all licensees of the same typelicense, but may vary by type of license at thediscretion of the director. The amount of theannual per capita fee shall be determined bythe director and announced each year. Thelicensees will be notified by mail of theamount of the annual per capita fee, whichshall accompany the new application forms.

2. Per capita fees shall range from zerocents (0¢) to not more than one dollar ($1)

for each service performed or board day peranimal, or animal sold, traded, bartered, bro-kered, auctioned, given away, or otherwisedisposed of other than by euthanasia or death.

(C) In the case of a new applicant for alicense, the initial license fee shall be onehundred dollars ($100). Annual renewal oflicense shall be based upon the calculationsstated previously in this section.

(D) A separate license shall be obtained foreach physical facility operated by the appli-cant.

(E) Operation Bark Alert. Each licenseesubject to sections 273.325 to 273.357,RSMo, shall pay an additional annual fee oftwenty-five dollars ($25) to be used by theDepartment of Agriculture for the purpose ofadministering Operation Bark Alert or anysuccessor program.

(3) Annual Report by Licensee. (A) Each year, within thirty (30) days prior

to the expiration date of his/her license, thelicensee shall file with the state veterinarianan application for license renewal and anannual report on forms furnished by the stateveterinarian.

(B) Each licensee shall submit the totalnumber of animals sold, traded, bartered,brokered, given away, boarded, or exhibitedduring the previous year, January throughDecember, and any other informationrequired on the form.

(4) Acknowledgment of Rules and Standards.The director will supply a copy of the ACFAand the rules and standards to all new appli-cants. All applicants must acknowledgereceipt of the rules and the standards prior toissuance of a license.

(5) Notification of Change in BusinessLicensed. A licensee shall promptly notifythe state veterinarian by certified mail of anychange in the name, address, management,substantial control and ownership of the busi-ness or operation, of any significant changein the operation of the business or operation,or of additional sites, within ten (10) days ofthe change.

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

(A) Any person who has been an officer,agent, direct family member, or employee ofa licensee whose license has been suspendedor revoked and who was responsible for, orparticipated in, the violation upon which thelicense was suspended or revoked will not belicensed within the same period during whichthe suspension or revocation is in effect.

(B) Any facility involved in an order of



suspension or revocation shall not be used forlicensed activity.

(C) Any person whose license has beensuspended or revoked for any reason shall notbe licensed under his/her name, or in anyother manner within the period during whichthe suspension or revocation is in effect. Nopartnership, firm, corporation, or other legalentity in which any such person has a sub-stantial interest, financial or otherwise, willbe licensed during that period.

(D) Any person whose license has beensuspended or revoked shall not buy, sell,trade, barter, broker, transport, board, exhib-it, or deliver for transportation any animalduring the period of license suspension orrevocation.

(E) Any person whose license has beensuspended or revoked may apply in writing tothe director for reinstatement of his/herlicense.

(7) Denial of Initial License Application. (A) A license will not be issued to any

applicant who—1. Is not in total compliance with the

rules and the standards set forth in 2 CSR 30-9, including the payment of fees.

A. An initial applicant for license willbe allowed a maximum of three (3) inspec-tions and a period of up to ninety (90) daysfrom the date of the first inspection in whichto attain total compliance with the rules andstandards prior to denial of license. Failure ofthese inspections would not subject an initialapplicant to the one hundred dollar ($100)-penalty fee for failed inspections. However,initial license fee will not be returned andsubsequent applications must be accompa-nied with another initial license fee.

B. An initial applicant shall not con-duct any activity for which an ACFA licenseis required until the license has been issued.

C. Subsequent applications by a per-son who has been denied a license under sub-paragraph (7)(A)1.A. shall also be consid-ered an initial application.

D. Persons denied a license undersubparagraph (7)(A)1.A. may reapply aftersix (6) months from the date of the last failedinspection;

2. Has had a license revoked or is cur-rently under suspension;

3. Has been fined, sentenced to jail, orpled no contest under state or local animalcruelty laws within one (1) year of applica-tion, except that if no penalty is imposed as aresult of a no contest plea, the applicant mayreapply immediately; or

4. Has made any false or fraudulentstatements or provided any false or fraudulentrecords to the department.

(B) Any applicant whose initial license hasbeen denied may request an administrativehearing in accordance with Chapter 536,RSMo, for the purpose of showing why theapplication should not be denied. If thelicense denial is upheld, the applicant mayreapply for license one (1) year from the dateof the denial.

(C) No partnership, firm, corporation, orother legal entity in which a person whoselicense application has been denied has a sub-stantial interest, financial or otherwise, willbe licensed within one (1) year of denial.

(8) Attending Veterinarian and Adequate Vet-erinary Care.

(A) Each licensee shall have an attendingveterinarian who shall provide adequate vet-erinary care to animals covered under therules in 2 CSR 30-9.

1. Each licensee shall employ an attend-ing veterinarian under formal arrangements.In the case of a part-time attending veterinar-ian or consultant arrangements, the formalarrangements shall include a written programof veterinary care and regularly scheduledvisits to the premises of the licensee. Board-ing kennels in large metropolitan areas,where twenty-four (24) hour emergency vet-erinary clinics are in operation, and rotationof veterinary practitioners is essential forgood will and referral services, may beexempted from the requirement of a formalarrangement if approved by the state veteri-narian. This exemption must be requested inwriting and will be approved only on an indi-vidual basis.

2. Each licensee shall assure that theattending veterinarian has appropriate author-ity to ensure the provision of adequate veteri-nary care and to oversee the adequacy ofother aspects of animal care and use.

(B) Each licensee shall establish and main-tain programs of adequate veterinary carethat include:

1. The availability of appropriate facili-ties, personnel, equipment, and services tocomply with the provisions in 2 CSR 30-9;

2. The use of appropriate methods toprevent, control, diagnose, and treat diseasesand injuries, and the availability of emergen-cy, weekend, and holiday care;

3. Individual health records shall bemaintained on all animals above the age ofeight (8) weeks or that have been weaned orthat have been treated with a medical proce-dure, whichever occurs first. Litter healthrecords may be kept on litters when litter-mates are treated with the same medication orprocedure. Health records (or a copy) mayaccompany all animals upon the transfer ofownership;

4. Daily observation of all animals toassess their health and well-being. Provided,however, that daily observation of animalsmay be accomplished by someone other thanthe attending veterinarian; and provided fur-ther, that a mechanism of direct and frequentcommunication is required so that timely andaccurate information on problems of animalhealth, behavior, and well-being is conveyedto the attending veterinarian;

5. Adequate training and guidance topersonnel involved in the care and use of ani-mals. The employer must be certain his/heremployees can perform at the level requiredby these rules; and

6. Adequate pre-procedural and post-procedural care in accordance with estab-lished veterinary medical and nursing proce-dures.

(C) Each licensee subject to the provisionsof section 273.345, RSMo, shall establishand maintain programs of veterinary care thatinclude:

1. Examination as defined in 2 CSR 30-9.010(2)(Z) at least once yearly by a licensedveterinarian, and upon detection of any afflic-tion, a comprehensive examination, diagno-sis, and appropriate treatment. Provided how-ever, at the discretion of the attendingveterinarian, any subsequent treatment maybe carried out by somebody other than theattending veterinarian. An individual healthexamination shall be prescribed, conducted,and recorded on forms furnished by the stateveterinarian;

2. Consultation on sound breeding prac-tices, including a written and signed recom-mendation on reproductive health for individ-ual female covered dogs that accounts forspecies, age, and health of the breeding dogsunder care of the licensee. An individual rec-ommendation shall be recorded on forms fur-nished by the state veterinarian;

3. Animal health and husbandry. Reviewof disease prevention techniques, vaccinationprotocols, parasite protocols, pest control,nutrition, euthanasia, and guidance on pre-ventative care. Approval of these practicesmust be certified by the attending veterinari-an and included with the written program ofveterinary care; and

4. Approval of an exercise plan devel-oped in accordance with regulations regard-ing exercise prescribed in these rules andwhere such plan affords the dog maximumopportunity for outdoor exercise as weatherpermits.

(D) Each licensee subject to the provisionsof section 273.345, RSMo, shall ensure thatanimals with serious illness or injury asdefined in 2 CSR 30-9.010(2)(WW) receiveprompt treatment by a licensed veterinarian.


Secretary of State


(E) If the state veterinarian or his/herdesignee finds that an animal or group ofanimals is suffering from a contagious,communicable, or infectious disease orexposure to a disease, a quarantine to thepremises may be issued until the animalsare—

1. Recovered and no longer capable oftransmitting the disease;

2. Isolated;3. Humanely euthanized and properly

disposed of;4. Tested, vaccinated, or otherwise

treated; or5. Otherwise released by the state

veterinarian.A. Animals under quarantine shall

not be removed from the premises withoutwritten consent of the state veterinarian, norshall any other animals be allowed to enterthe premises.

B. A quarantine issued by the stateveterinarian shall remain in effect untilreleased in writing by the state veterinarian.

(F) Animals with obvious signs of diseaseor injury shall not be sold (except on theadvice of the attending veterinarian and withthe knowledge and consent of the purchaser),abandoned, or disposed of in an inhumanemanner.

(G) A person licensed or registered underthe ACFA shall not knowingly sell or ship adiseased animal, except on the advice of theirattending veterinarian and with the knowledgeand consent of the purchaser.

(9) Identification of Animals. (A) All licensees with a United States

Department of Agriculture (USDA) licenseshall identify their animals as prescribed inthe USDA regulations.

(B) All licensees without a USDA licenseshall identify all dogs and cats held on thepremises, purchased, boarded, sheltered, orotherwise acquired, sold, released, givenaway, or otherwise disposed of or removedfrom the premises for any reason to orthrough any person, by one (1) or more of theappropriate methods as follows:

1. By an official tag of the typedescribed in this section affixed to the ani-mal’s neck by means of a collar made of amaterial generally considered acceptable topet owners. In general, well fitting collarsmade of plastic or leather will be acceptable.The use of certain types of chains presentlyused by some dealers may also be acceptableif sharp edges cannot be felt which may rea-sonably be expected to cause discomfort tothe animal. The use of materials such aswire, elastic, or any other material whichmay seem to cause discomfort to the animal

shall not be used; 2. A distinctive and legible tattoo mark-

ing approved by the director; 3. Puppies or kittens, less than sixteen

(16) weeks of age, may be identified by aplastic type collar acceptable to the directorwhich has the information legibly placed onthe collar as required for an official tag pur-suant to this section;

4. Animal shelters, contract kennels,pounds or dog pounds may use distinctivecage cards. Cage cards, if used, must besequentially numbered, used in sequentialorder and placed in an area which will pre-vent animals, water, or cleaning solutionsfrom contacting them or damaging the cards.If cage cards cannot be protected, or iflicensee fails to provide proper protection, allanimals in his/her facility must be identifiedby a more permanent method as described inparagraph (9)(B)1. Each cage card must fullyand completely describe the animal to whichit is assigned including breed (or an estimateof predominant breed and cross, and thelike), size, date of birth or approximate age,sex, color and markings, and any other dis-tinctive feature or marking;

5. Boarding kennels and commercialkennels shall be authorized to use distinctivecage cards. Cage cards must be placed in anarea which will prevent animals, water, orcleaning solutions from contacting or damag-ing the cards. Cage cards must provide a briefdescription of the animal including name,breed, sex, color, and distinctive markings.Cage cards must also specify any medicationswith directions for administering, any specialneeds or instructions, and emergency instruc-tions stating veterinarian of choice and tele-phone number. Boarding kennels and com-mercial kennels may use any abbreviatedform of information on the cage cards thatmeets the needs of their business if all of theinformation listed in this paragraph is imme-diately available to the animal caretaker andinspector; and

6. Pet shops may use distinctive cagecards. Cage cards, if used as the primaryidentification, must be sequentially numberedand used in sequential order. Cage cards, ifused, must be placed in an area which willprevent animals, water, or cleaning solutionsfrom contacting them or damaging the cards.Cage cards, if used as the primary identifica-tion, must provide enough information toassure proper identification of all animals inthe enclosure and may include informationsuch as a brief description of the animalincluding breed, sex, date of birth or approx-imate age, color, and distinctive markings.

(C) All animals shall be officially identi-fied at the time of acquisition, or in the case

of puppies or kittens, when weaned or sepa-rated from their mother or foster mother.When any licensee has made a reasonableeffort to affix an official tag to a cat, as setforth in this section, and has been unable todo so, or when the cat exhibits serious dis-tress from the attachment of the collar andtag, the licensee shall attach the collar andtag to the door of the primary enclosure con-taining the cat and take measures to maintainthe identity of the cat in relation to the tag.Each primary enclosure shall contain nomore than one (1) weaned cat without anaffixed collar and official tag, unless the catsare identified by a distinctive and legible tat-too or plastic-type collar approved by thedirector.

(D) If an animal is already identified by anofficial tag or tattoo which has been appliedby another licensed entity under USDA orACFA, the acquiring licensee may continueidentifying the animal by the previous identi-fication number, or may replace the previoustag with his/her own official tag or tattoo, inwhich case, only the new identification num-ber shall be used for all subsequent sales ortransactions. In either case, the licensee shallcorrectly list all old and new numbers or tat-toos in his/her records.

(E) Tags must be sequentially numbered,used in sequential order, and must be refer-enced to a record(s) which completely andaccurately identify the source of the animaland any number used by that source to iden-tify the animal, all medical treatments or pro-cedures, and disposition of the animal. Arecord of the number used to identify the ani-mal shall accompany the animal at disposi-tion.

(F) No licensee shall use the same identifi-cation tag or cage card number for a periodof at least five (5) years.

(G) The official tag shall be made of adurable alloy such as brass, bronze, steel, ora durable plastic. Aluminum of a sufficientthickness to assure the tag is durable and leg-ible may also be used. The tag shall be one(1) of the following shapes:

1. Circular in shape and not less thanone and one-fourth inches (1 1/4") in diame-ter; or

2. Oblong and flat in shape, not lessthan two inches long by three-fourths inch (2"× 3/4") wide and riveted to an acceptablecollar.

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

1. The letters MO; 2. The letters and numbers identifying

the licensee or facility, for example, ACFA1234; and



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

(I) Licensees must obtain the official tagsor cage cards at their own expense. Tags andcards are available from commercial manu-facturers. At the time a licensee is issued alicense, the director will assign a licensenumber to be used on official tags.

(J) Each licensee shall be held accountablefor all official tags acquired. In the event anofficial tag is lost from an animal while in thepossession of the licensee, the licensee willmake every diligent effort to locate and reap-ply the tag to the proper animal. If the losttag is not located, the licensee shall affixanother official tag to the animal and recordboth the old and new tag numbers on the offi-cial records. Only the new number will beused on subsequent transactions.

(K) When an animal with an official tag iseuthanized or dies from any other cause, theofficial tag shall be removed from the animaland saved for a period of one (1) year follow-ing the death. If the official tag is removedfrom an animal at the time of disposition ofthe animal, the official tag shall be saved fora period of one (1) year following the dispo-sition.

(10) Prohibition on the Purchase, Sale, Useor Transportation of Stolen Animals. Noperson shall buy, sell, exhibit, transport, oroffer for transport any stolen animal.

(11) Records. (A) Records for Commercial Breeders,

Dealers, Exhibitors, Intermediate Handlers,and Voluntary Licensees.

1. Each commercial breeder, dealer(other than operators of auction sales and bro-kers to whom animals are consigned), inter-mediate handlers, exhibitors, and voluntarylicensees shall make, keep, and maintainrecords or forms which fully and correctlydisclose the following information concerningeach dog or cat purchased or otherwiseacquired, owned, held, or otherwise in his/herpossession or control which is transported,euthanized, sold, or otherwise disposed of bythat licensee. The records shall include anyoffspring born of any animal while in his/herpossession or under his/her control:

A. The name and complete mailingaddress of the person from whom a dog or catwas purchased or otherwise received oracquired whether or not the person isrequired to be licensed or registered underthis Act;

B. The USDA and the ACFA licenseor registration number of the person if s/he islicensed or registered under the Acts. BothUSDA and ACFA numbers are required if

seller is licensed or registered under bothActs;

C. The vehicle license number andthe state, and the driver’s license number andstate if s/he is not licensed or registeredunder either of the Acts;

D. The name and complete mailingaddress of the person to whom a dog or catwas sold, given, or delivered, and that per-son’s license or registration number(s) if s/heis licensed or registered under the Acts;

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

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

G. A description of each dog or catwhich shall include:

(I) The species and breed or type; (II) The sex; (III) The date of birth or approxi-

mate age; and (IV) The color and any distinctive

markings; H. The method of transportation

including the name of the initial carrier orintermediate handler or, if a privately ownedvehicle is used to transport a dog or cat, thename of the owner of the privately ownedvehicle;

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

J. The USDA Interstate and Interna-tional Certificate of Health Examination forSmall Animals (VS Form 18-1) may be usedby dealers and exhibitors to make, keep, andmaintain the information required by subsec-tion (11)(A) of this rule; and

K. One (1) copy of the record con-taining the information required by this sec-tion shall accompany each shipment of anydog or cat purchased or otherwise acquiredby a commercial breeder, dealer, or exhibitor.One (1) copy of the record containing theinformation required by this section shallaccompany each shipment of any dog or catsold or otherwise disposed of by a commer-cial breeder, dealer, or exhibitor; provided,however, that information which indicates thesource and date of acquisition of a dog or catneed not appear on the copy of the recordaccompanying the shipment. One (1) copy ofthe record containing the informationrequired by this section shall be retained bythe commercial breeder, dealer, or exhibitor.

2. Individual medical records shall bemaintained on all animals bought, raised, or

otherwise obtained, held, kept, maintained,sold, donated, or otherwise disposed of,including by death or euthanasia, which shallspecify all treatments and medications givenand all procedures performed on the animal,to include reasons for or the condition requir-ing the treatment, medication, or procedure,and the results of the treatment, medication,or procedure will be included in this record.Litter health records may be kept on litterswhen all littermates are treated with the samemedication or procedure. Medical records (ora copy) may accompany the animal whensold.

3. All records shall be maintained for aperiod of one (1) year, unless the directorrequests in writing that they be maintainedfor a longer period, for the purpose of inves-tigation.

(B) Records of Operators of Auction Salesand Brokers.

1. Every broker or operator of an auc-tion sale shall make, keep, and maintainrecords or forms which fully and correctlydisclose the following information concerningeach animal sold, whether or not a fee orcommission is charged:

A. The name and complete mailingaddress of the person who owned or con-signed the animal(s) for sale;

B. The name and complete mailingaddress of the buyer or consignee whoreceived the animal;

C. The USDA and ACFA license orregistration number of the person(s) selling,consigning, buying, or receiving the animalsif s/he is licensed or registered under theActs;

D. The vehicle license number andstate and the driver’s license number andstate of the person, if s/he is not licensed orregistered under the Acts;

E. The date of the consignment; F. The official USDA or ACFA tag

number assigned to the animal(s) under thisrule;

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

(I) The species and breed or type; (II) The sex of the animal; (III) The date of birth or approxi-

mate age; and(IV) The color and any distinctive

markings;H. The auction sales number or

records number assigned to the animal; andI. The name, mailing address, any

USDA/ACFA license number of all peopleregistering at the auction to buy animals.

2. One (1) copy of the record containingthe information required by this section shallbe given to the consignor of each animal, one


Secretary of State


(1) copy of the record shall be given to thepurchaser of each animal; provided however,that information which indicates the sourceand date of consignment of any animal neednot appear on the copy of the record given tothe purchaser of any animal. One (1) copy ofthe record containing the informationrequired by this section shall be retained bythe broker or operator of the auction sale foreach animal sold.


(C) Records for Boarding Kennels andCommercial Kennels.

1. Every operator of a boarding kennelor commercial kennel shall make, keep, andmaintain records or forms which fully andcorrectly disclose the following informationconcerning each animal boarded, or other-wise kept or maintained, sold, given, or oth-erwise disposed of:

A. Name, address, and phone numberof pet owner;

B. Emergency contact number; C. Animal’s name, age, sex, and

breed; D. Vaccination information, with offi-

cial rabies; E. Preexisting physical problems; F. Medication information and

instructions; G. Veterinarian of choice; H. Special feeding instructions, if

needed; I. Special boarding instructions, if

needed; J. Any additional services to be per-

formed; K. Date animal received; and L. Date animal released.

2. Animal cage card must be attached tothe primary enclosure of every animal beingboarded, kept, or maintained.

3. The record of daily health observa-tions, medications, and treatments given andexercise periods shall be maintained.

4. The name and complete mailingaddress of the person to whom the animalwas sold or given, and the USDA or ACFAlicense numbers, or both, if that person waslicensed under the Acts.

5. A copy of the health certificate foreach animal shipped interstate.

6. All records shall be maintained for aperiod of sixty (60) days except on those ani-mals on which a complaint was made by theowner or if some other problem occurredduring boarding, those records shall be keptfor one (1) year, unless the director requests

in writing that they be maintained for a longerperiod, for the purpose of investigation.

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

1. Every operator of an animal shelter,contract kennel, pound, or dog pound shallmake, keep, and maintain records or formswhich fully and correctly disclose the follow-ing information concerning each animalboarded, housed, retained, or otherwise keptor maintained, transported, sold, given,adopted out, released, or otherwise disposedof:

A. The date of acquisition; B. The name and complete mailing

address of the person from whom the animalwas obtained;

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

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

E. Date of disposition and method; F. The name and complete mailing

address of the person to whom the animal wassold, given, released to, or adopted by, and theUSDA or ACFA license numbers, or both, ifthe person was licensed under the Acts;

G. Spay or neuter contract; and H. Veterinary certification of spay or

neuter. 2. Animal cage card must be attached to

the primary enclosure of every animal beingheld, retained, kept, or maintained.

3. The record of daily health observa-tions, medications and treatments given, andexercise periods shall be maintained.


(E) Records for Pet Shops. 1. Every operator of a pet shop shall

make, keep, and maintain records or formswhich fully and correctly disclose the follow-ing concerning each animal purchased or oth-erwise acquired, kept or maintained, trans-ported, sold, given, released, or otherwisedisposed of:

A. The name and complete mailingaddress of the person from whom the animalwas obtained;

B. The USDA or ACFA license num-ber, or both, of the seller if s/he was licensedunder the Acts;

C. The vehicle license number andstate, and the driver’s license number andstate of the person delivering the animal if theseller is not licensed under the Acts;

D. A complete description of the ani-mal, including breed or type, sex, size,approximate weight, or a combination ofthese, date of birth or approximate age, color,and any distinctive markings, including anyofficial tag number or tattoo markings;

E. Date of acquisition; F. Date of disposition and method;

and G. The name and complete mailing

address and telephone number of the personto whom the animal was sold, given, releasedto, or otherwise disposed of.

2. Animal cage card, if used, must beattached to the primary enclosure of everyanimal being held, retained, kept, or main-tained.

3. The record of daily health observa-tions, medications, and treatments given shallbe maintained.

4. Shot records and a copy of treatment,medications, and medical procedures per-formed on the animal, while in the possessionof the licensee, may be furnished to the retailpet purchaser. Medical records, to the extentpossible may accompany the animal whensold.


(F) Records for Carriers and IntermediateHandlers.

1. In connection with all live animalsaccepted for shipment on a cash on delivery(C.O.D.) basis or other arrangement or prac-tice under which the cost of the animals orthe transportation of the animals is to be paidand collected upon delivery of the animals tothe consignee, the accepting carrier or inter-mediate handler, if any, shall keep and main-tain a copy of the consignor’s written guaran-tee for the payment of transportation chargesfor any animal not claimed as provided inUSDA regulations including, where neces-sary, both the return transportation chargesand an amount sufficient to reimburse thecarrier for out-of-pocket expenses incurredfor the care, feeding, and storage of the ani-mal. The carrier or intermediate handler atdestination shall also keep and maintain acopy of the shipping document containing thetime, date, and method of each attemptednotification and the final notification to theconsignee and the name of the person notify-ing the consignee as provided in USDA regu-lations.

2. In connection with all live dogs orcats delivered for transportation, in com-merce to any carrier or intermediate handler,by any commercial breeder, dealer, research



facility, exhibitor, operator of an auction sale,broker, pet shop, or any other person licensedunder the ACFA, or department, agency, orinstrumentality of the United States or of anystate or local government, the accepting car-rier or intermediate handler shall keep andmaintain a copy of the health certificate com-pleted as required by USDA regulations andMissouri, tendered with each live dog or cat.

(G) Health Certification and Identification. 1. No commercial breeder, dealer,

exhibitor, operator of an auction sale, broker,pet shop, research facility, voluntary licensee,or any department, agency, or instrumentali-ty of the United States or of any state or localgovernment shall deliver to any intermediatehandler or carrier for transportation in inter-state commerce or shall transport in interstatecommerce any dog or cat unless the dog orcat is accompanied by a health certificate exe-cuted and issued by a licensed veterinarian.The health certificate shall state that—

A. The licensed veterinarian inspect-ed the dog or cat on a specified date whichshall not be more than ten (10) days prior tothe delivery of the dog or cat for transporta-tion; and

B. When so inspected, the dog or catappeared to the licensed veterinarian to befree of any infectious disease or physicalabnormality which would endanger the ani-mal(s) or endanger public health.

2. The United States Secretary of Agri-culture, with concurrence of the director, mayprovide exception to the health certificationrequirement on an individual basis for ani-mals shipped to a research facility for pur-poses of research, testing, or experimentationwhen the research facility requires animalsnot eligible for certification.

3. No intermediate handler or carrier towhom any live dog or cat is delivered fortransportation by any commercial breeder,dealer, exhibitor, broker, pet shop, researchfacility, operator of an auction sale, or anydepartment, agency, or instrumentality of theUnited States or any state or local govern-ment shall receive a live dog or cat for trans-portation in interstate commerce, unless anduntil it is accompanied by a health certificateissued by a licensed veterinarian.

4. The United States Interstate andInternational Certificate of Health Examina-tion of Small Animals (VS Form 18-1) maybe used for health certification by a licensedveterinarian as required by this section.

5. Intrastate shipments, which at no timeleave the state, may utilize an owner/shipperstatement in lieu of a health certificate. Theowner/shipper statement must specify thedate of shipment, name, address, phone num-ber, and ACFA/USDA license numbers of

consignor and consignee of the shipment,specify species and list each animal in theshipment by its individual ACFA/USDA num-ber, breed, age, sex, color, and distinctivemarkings, vaccination history, and certify—“To the best of my knowledge, all animals inthis shipment are healthy and have not beenexposed to an infectious or contagious dis-ease.” The statement must contain the signa-ture, printed name, address, and phone num-ber of the certifying individual. APHIS Form7001 may be used as a guide to produce indi-vidual forms, if desired.

(H) C.O.D. Shipments. 1. No carrier or intermediate handler

shall accept any animal for transportation incommerce upon any C.O.D. or other basiswhere any money is to be paid and collectedupon delivery of the animal to the consignee,unless the consignor guarantees in writing thepayment of all transportation, including anyreturn transportation, if the shipment isunclaimed or the consignee cannot be noti-fied in accordance with this section, includ-ing reimbursing the carrier or intermediatehandler for all out-of-pocket expensesincurred for the care, feeding, and storage orhousing of the animals.

2. Any carrier or intermediate handlerreceiving an animal at a destination on aC.O.D. or other basis any money is to bepaid and collected upon delivery of the ani-mal to the consignee shall attempt to notifythe consignee at least once every six (6) hoursfor a period of twenty-four (24) hours afterarrival of the animal at the animal holdingarea of the terminal cargo facility. The carri-er or intermediate handler shall record thetime, date, and method of each attemptednotification and the final notification to theconsignee, and the name of the person noti-fying the consignee on the shipping documentand on the copy of the shipping documentaccompanying the C.O.D. shipment. If theconsignee cannot be notified of the C.O.D.shipment within twenty-four (24) hours afterits arrival, the carrier or intermediate handlershall return the animal to the consignor, or towhomever the consignor has designated, onthe next practical available transportation, inaccordance with the written agreementrequired in this section and shall notify theconsignor. Any carrier or intermediate han-dler which has notified a consignee of thearrival of a C.O.D. or other shipment of ananimal, where any money is to be paid andcollected upon delivery of the animal to theconsignee, which is not claimed by the con-signee within forty-eight (48) hours from thetime of notification shall return the animal tothe consignor or to whomever the consignorhas designated, on the next practical available

transportation in accordance with the writtenagreement required in this section and shallnotify the consignor.

3. It is the responsibility of any carrieror intermediate handler to hold, feed, andcare for any animal accepted for transporta-tion in commerce under a C.O.D. or otherarrangement where any money is to be paidand collected upon delivery of the animaluntil the consignee accepts shipment at desti-nation or until returned to the consignor orhis/her designee should the consignee fail toaccept delivery of the animal or if the con-signee could not be notified as prescribed inthis section.

4. Nothing in this section shall be con-strued as prohibiting any carrier or interme-diate handler from requiring any guarantee inaddition to that required in this section for thepayment of the cost of any transportation orout-of-pocket or other incidental expensesincurred in the transportation of any animal.

(I) Disposition of Records.1. No licensee, for a period of one (1)

year, shall destroy or dispose of, without theconsent in writing of the director, any books,records, documents, or other papers requiredto be kept and maintained under the ACFAand this rule.

2. Unless otherwise specified, therecords required to be kept and maintainedunder this rule shall be held for one (1) yearafter an animal is euthanized or disposed ofand for any period in excess of one (1) yearas necessary to comply with any applicablefederal, state, or local laws. Whenever thedirector notifies the licensee in writing thatspecified records shall be retained pendingcompletion of an investigation or proceedingunder the ACFA, the licensee shall hold thoserecords until their disposition is authorized bythe director.

3. Any person subject to the provisionsof section 273.345, RSMo, shall maintain allveterinary records and sales records for themost recent previous two (2) years. Theserecords shall be made available to the stateveterinarian, a state or local animal welfareofficial, or a law enforcement agent uponrequest.

(12) Compliance With Standards and HoldingPeriods. Each licensee shall comply in allrespects with the standards set forth in 2 CSR30-9 for the humane handling, care, treat-ment, housing, and transportation of animals.

(13) Holding Period. (A) Any live dog or cat, other than owner-

relinquished or feral animals which are notknown to have bitten anyone within the pre-ceding ten (10) days, acquired by an animal


Secretary of State


shelter or contract kennel shall be held for aperiod of not less than five (5) business daysbefore offering for adoption or euthanasiaexcept that before releasing an animal to adealer, the holding period must include atleast one (1) full Saturday and a period of notless than five (5) full days excluding time intransit.

(B) Any live dog or cat acquired by a com-mercial breeder, dealer, exhibitor, or pet shopshall be held under his/her supervision andcontrol, for a period of not less than five (5)full days, not including the day of acquisition,after acquiring the animal, excluding time intransit; provided, however—

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

(C) Any dog or cat presented for euthana-sia by its owner or any animal suffering fromdisease, emaciation, or injury may bedestroyed by euthanasia prior to the completion of the holding period required bythis section.

(D) Any dog or cat, one hundred twenty(120) days of age or less, that was obtainedfrom the person that bred and raised the ani-mal, may be exempted from the five- (5-) dayholding requirement and may be sold or oth-erwise disposed of by a licensee after a min-imum holding period of twenty-four (24)hours, excluding time in transit. Each subse-quent licensee must also hold that animal fora minimum of twenty-four (24) hours exclud-ing time in transit. Intermediate handlers whoobtain an animal one hundred twenty (120)days of age or less, only in conjunction withits transportation in commerce will be exemptfrom the twenty-four- (24-) hour holdingperiod.

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

(14) Miscellaneous. (A) Information as to business shall be fur-

nished by all licensees. 1. Each licensee shall furnish to any

department official any information concern-ing the business of the licensee which thedepartment official may request in connectionwith the enforcement of the provisions of the

ACFA and 2 CSR 30-9. The information shallbe furnished within a reasonable time and asmay be specified in the request for informa-tion.

2. Each operator of an auction sale shallfurnish in writing to the director the saledates of all activities covered under the ACFAat least two (2) weeks prior to the scheduledevent.

(B) Access and Inspection of Records andProperty.

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

A. Enter its place of business; B. Examine records required to be

kept in accordance with the ACFA and thisrule;

C. Make copies of the records; D. Inspect and photograph the facili-

ties, property, and animals as the departmentofficials consider necessary to enforce theprovisions of the ACFA and the standards in2 CSR 30-9; and

E. Document, by the taking of pho-tographs and other means, conditions andareas of noncompliance.

2. The use of a room, table, or otherfacilities necessary for the proper examina-tion of the records and inspections of theproperty or animals shall be extended todepartment officials by the licensee.

(C) Inspection for Missing Animals. Eachlicensee shall allow, upon request and duringbusiness hours, police or officers of other lawenforcement agencies with general lawenforcement authority (not those agencieswhose duties are limited to enforcement oflocal animal rules) to enter his/her place ofbusiness to inspect animals and records forthe purpose of seeking animals that are miss-ing, under the following conditions:

1. The police or other law officer shallfurnish to the licensee a written descriptionof the missing animal and the name andaddress of its owner before making a search;and

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

(D) Confiscation and Destruction of Ani-mals.

1. If an animal being held by a licenseeor transported by a carrier is found by adepartment official to be suffering as a resultof the failure of the licensee or carrier tocomply with any provisions of the ACFA orthe standards set forth in 2 CSR 30-9, thedepartment official shall make a reasonableeffort to notify the licensee of the condition of

the animal(s) and request that the conditionbe corrected and that adequate care be givento alleviate the animal’s suffering or distress,or that the animal(s) be destroyed by euthana-sia. In the event that the licensee refuses tocomply with this request, the departmentofficial may confiscate the animal(s) for care,treatment, or disposal as indicated in this sec-tion, if, in the opinion of the director, the cir-cumstances indicate the animal’s health is indanger.

2. In the event that the department offi-cial is unable to locate or notify the licenseeas required in this section, the departmentofficial shall contact a local police or otherlaw officer to accompany him/her to thepremises and shall provide for adequate carewhen necessary to alleviate the animal’s suf-fering. If in the opinion of the director, thecondition of the animal(s) cannot be correct-ed by this temporary care, the departmentofficial shall confiscate the animal(s).

3. Confiscated animals may be placed,by sale or donation, with other licensees orregistrants who are in compliance with theACFA and the standards in 2 CSR 30-9 andcan provide proper care, or they may be euth-anized. The licensee from whom the animalswere confiscated shall bear all costs incurredin performing the placement or euthanasiaactivities authorized by this rule.

(E) Minimum Age Requirements. No dogor cat shall be delivered by any person to anycarrier or intermediate handler for trans-portation, in commerce, or shall be trans-ported in commerce by any person, except toa registered research facility, unless that dogor cat is at least eight (8) weeks of age andhas been weaned.

(F) Handling of Animals.1. Handling of all animals shall be done

as expeditiously and carefully as possible in amanner that does not cause trauma, overheat-ing, excessive cooling, behavioral distress,physical harm, or unnecessary discomfort.

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

3. Deprivation of food or water shall notbe used to train, work, or otherwise handleanimals; provided however, that the short-term withholding of food or water from ani-mals by exhibitors is allowed by this rule aslong as each of the animals affected receivesits full dietary and nutrition requirementseach day.

4. During public exhibition, any animalmust be handled so there is minimal risk ofharm to the animal and to the public, withsufficient distance or barriers, or both,between the animal and the general viewingpublic so as to assure the safety of animalsand the public.




Secretary of State


A. Performing animals shall beallowed a rest period between performances atleast equal to the time for one (1) performance.

B. Young or immature animals shallnot be exposed to rough or excessive publichandling or exhibited for periods of timewhich would be detrimental to their health orwell-being.

C. Drugs, such as tranquilizers, shallnot be used to facilitate, allow, or provide forpublic handling of the animals.

D. Animals shall be exhibited onlyfor periods of time and under conditions con-sistent with their good health and well-being.

E. A responsible, knowledgeable, andreadily identifiable employee or attendantmust be present at all times during periods ofpublic contact.

F. During public exhibitions, danger-ous animals such as lions, tigers, or wolvesmust be under the direct control and supervi-sion of a knowledgeable and experienced ani-mal handler.

G. If public feeding of animals isallowed, the food must be provided by theanimal facility and shall be appropriate to thetype of animal and its nutritional needs anddiet.

5. All euthanasia of animals shall beaccomplished by a method approved by theAVMA Guidelines for the Euthanasia of Ani-mals: 2013 Edition, as incorporated by refer-ence in this rule, as published by the Ameri-can Veterinary Medical Association, 1931 NMeacham Road, Schaumburg, IL 60173,phone number: 1-800-248-2862, website:www.avma.org. This rule does not incorpo-rate any later amendments or additions.

(15) Procurement of Dogs and Cats byLicensees.

(A) A dealer may obtain dogs and catsfrom within this state only from otherlicensees who are licensed under the ACFA inaccordance with this rule or exempt sources.

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

(C) Any licensee or exhibitor who alsooperates a public or private pound, animalshelter, contract pound, pound or dog poundshall comply with the following:

1. The animal pound or shelter shall belocated on premises that are physically sepa-rated from all other licensed facilities. Theanimal housing facility of the pound or shel-ter shall not be adjacent to any other licensedfacility.

2. Accurate and complete records shallbe separately maintained by the licensee andby the pound or shelter. All records shall bein accordance with those specified in thisrule. If the animals are lost or stray, the

pound or shelter records shall provide: A. An accurate description of the ani-

mal; B. How, where, from whom and when

the dog or cat was obtained; C. How long the dog or cat was held

by the pound or shelter before being trans-ferred to the dealer; and

D. The date the dog or cat was trans-ferred to the dealer.

(16) Licensees Restricted in Sales to Brokers,Dealers, and Pet Shops. Licensees shall notsell to brokers, dealers, or pet shops operat-ing within the state who are not licensedunder the ACFA in accordance with this rule.

(17) Exotic Animals. Exotic animals asdefined in rules promulgated under the ACFAshall be permitted, as may be required by,and maintained under the rules and standardsof the Missouri Department of Conservationand the regulations and standards of theUSDA.

(18) Index.Application For License—section (1)

Who must license—section (1), subsec-tion (A)

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

Who is exempt from licensing require-ment—section (1), subsection (D)

Voluntary license—section (1), subsec-tion (F)

Conditions under which license isissued—section (1), subsection (G)

Conditions under which license is notissued—section (1), subsection (H)

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

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

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

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

Licensee not to interfere with inspec-tor—section (1), subsection (M)

License issued to specific person andplace—section (1), subsection (N)

License fees not refundable—section(1), subsection (P)

Licensee must accept registered or certi-fied mail—section (1), subsection (Q)

Expiration of license—section (1), sub-section (R)

Reinstatement of a license—section (1),subsection (S)

Invalid license to be surrendered—sec-tion (1), subsection (T)

License Fees—section (2)Computing annual fee—section (2), sub-

section (A)Animal shelter—section (2), subsection

(A), paragraph 1.Pound/dog pound—section (2), subsec-

tion (A), paragraph 2.Commercial kennel—section (2), sub-

section (A), paragraph 3.Boarding kennel—section (2), subsec-

tion (A), paragraph 4.Commercial breeder—section (2), sub-

section (A), paragraph 5.Contract kennel—section (2), subsection

(A), paragraph 6.Dealer—section (2), subsection (A),

paragraph 7.Pet shop—section (2), subsection (A),

paragraph 8.Intermediate handler—section (2), sub-

section (A), paragraph 9.Voluntary licensee—section (2), subsec-

tion (A), paragraph 10.Hobby or show breeder—section (2),

subsection (A), paragraph 11.Per capita fees—section (2), subsection

(B)Initial license fee, new applicant—sec-

tion (2), subsection (C)Each facility requires separate license—

section (2), subsection (D)Annual Report Required—section (3)Acknowledgment of Rules and Standards—

section (4)Notification of Change in Business or

Address—section (5)Activity by Persons/Facilities Whose

License Have Been Suspended or Revoked—section (6)

Denial of Initial License Application—sec-tion (7)

Attending Veterinarian and Adequate Vet-erinary Care—section (8)

Identification of Animals—section (9)Licensees with USDA license—section (9),

subsection (A)Licensees without USDA license may

use—section (9), subsection (B)Official tag—section (9), subsection (B),

paragraph 1.Approved tattoo—section (9), subsection

(B), paragraph 2.Puppies/kittens under sixteen (16)

weeks—section (9), subsection (B), para-graph 3.

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

Boarding kennels, commercial ken-nels—section (9), subsection (B), paragraph5.

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

All animals must be officially identified

at acquisition—section (9), subsection (C)Previous identification which may be

used—section (9), subsection (D)How to use tags—section (9), subsection

(E)Restriction on use of numbers—section

(9), subsection (F)Official tags, construction of—section

(9), subsection (G)Official tags, required information—sec-

tion (9), subsection (H)Official tags, obtaining—section (9),

subsection (I)Official tags, accountability—section

(9), subsection (J)Official tags, disposition of—section (9),

subsection (K)Prohibited Activity, Stolen Animals—sec-

tion (10)Records—section (11)

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

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

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

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

Pet shops—section (11), subsection (E)Carriers and intermediate handlers—

section (11), subsection (F)Health certification and identification—

section (11), subsection (G)C.O.D. shipments—section (11), sub-

section (H)Disposition of records—section (11),

subsection (I)Compliance With Standards and Holding

Periods—section (12)Holding Period—section (13)Miscellaneous—section (14)

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

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

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

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

Minimum age for selling/shipping dogor cat—section (14), subsection (E)

Handling of animals—section (14), sub-section (F)

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

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

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

Public exhibition—section (14), subsec-

tion (F), paragraph 4.Performing animals—section (14), sub-

section (F), paragraph 4., subparagraph A.Public handling of immature animals—

section (14), subsection (F), paragraph 4.,subparagraph B.

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

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

Public contact, attendant required—sec-tion (14), subsection (F), paragraph 4., sub-paragraph E.

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

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

Procurement of Dogs and Cats—section(15)

Restriction of Sales—section (16)Exotic Animals—section (17)

AUTHORITY: sections 273.344 and 273.346,RSMo 2000.* Original rule filed Jan. 13,1994, effective Aug. 28, 1994. Amended:Filed Oct. 24, 1994, effective May 28, 1995.Amended: Filed Nov. 30, 1995, effective July30, 1996. Amended: Filed May 15, 2003.effective Dec. 30, 2003. Emergency amend-ment filed Dec. 7, 2010, effective Dec. 17,2010, expired June 14, 2011. Amended: FiledDec. 7, 2010, effective July 30, 2011. Emer-gency amendment filed July 11, 2011, effec-tive July 21, 2011, expired Feb. 23, 2012.Amended: Filed July 22, 2011, effective Jan.30, 2012. Amended: Filed Jan. 21, 2016,effective Aug. 30, 2016.


2 CSR 30-9.030 Animal Care FacilitiesMinimum Standards of Operation andTransportation

PURPOSE: This rule sets forth the minimumstandards for operation of animal care facili-ties and the transportation of animals.

(1) Facilities and Operating Standards. (A) Housing Facilities, General.

1. Structure and construction. Housingfacilities for dogs and cats must be designedand constructed so that they are structurallysound. They must be kept in good repair, andthey must protect the animals from injury,contain the animals securely, and restrictother animals from entering.

2. Condition and site. Housing facilitiesand areas used for storing animal food or

bedding must be free of any accumulation oftrash, waste material, junk, weeds, and otherdiscarded materials. Animal areas inside ofhousing facilities must be kept neat and freeof clutter, including equipment, furniture,and stored material, but may contain materi-als actually used and necessary for cleaningthe area, and fixtures or equipment necessaryfor proper husbandry practices. Housingfacilities must be physically separated fromany other business, like fur business, rabbi-tries, poultry operations and the like, locatedon the same premises so that animals the sizeof dogs, skunks, and raccoons are preventedfrom entering it.

3. Surfaces. A. General requirements. The sur-

faces of housing facilities including houses,dens, and other furniture-type fixtures andobjects within the facility must be construct-ed in a manner and made of materials thatallow them to be readily cleaned and sani-tized or removed or replaced when worn orsoiled. Interior surfaces and any surfaces thatcome in contact with dogs or cats must befree of—

(I) Excessive rust that prevents therequired cleaning and sanitization or thataffects the structural strength of the surface;and

(II) Jagged edges or sharp pointsthat might injure the animals.

B. Maintenance and replacement ofsurfaces. All surfaces must be maintained ona regular basis. Surfaces of housing facilitiesincluding houses, dens, and other furniture-type fixtures and objects within the facilitythat cannot be readily cleaned and sanitized,must be replaced when worn or soiled.

C. Cleaning. Hard surfaces with whichthe dogs or cats come in contact must be spot-cleaned daily and sanitized in accordance withthis section to prevent accumulation of excretaand reduce disease hazards. Floors made ofdirt, absorbent bedding, sand, gravel, grass orother similar material must be raked or spot-cleaned with sufficient frequency to ensure allanimals the freedom to avoid contact with exc-reta. Contaminated material must be replacedwhenever this raking and spot-cleaning is notsufficient to prevent or eliminate odors,insects, pests or vermin infestation. All othersurfaces of housing facilities must be cleanedand sanitized when necessary to satisfy gen-erally accepted husbandry standards andpractices. Sanitization may be done using anyof the methods provided in this rule for pri-mary enclosures.

4. Water and electric power. The housingfacility must have reliable electric power ade-quate for heating, cooling, ventilation, andlighting, and for carrying out other husbandry



requirements in accordance with 2 CSR 30-9.The housing facility must provide adequatepotable running water for the animals’ drink-ing needs, for cleaning, and for carrying outother husbandry requirements.

5. Storage. A. Supplies of food and bedding must

be stored outside the animal area and in amanner that protects the supplies fromspoilage, contaminations, and vermin infesta-tion. The supplies must be stored off the floorand away from the walls, to allow cleaningunderneath and around the supplies. Foodsrequiring refrigeration must be stored accord-ingly, and all food must be stored in a man-ner that prevents contamination and deterio-ration of its nutritive value. All open suppliesof food and bedding must be kept in leakproofcontainers with tightly fitting lids to preventcontamination and spoilage. Only food andbedding that is currently being used may bekept in the animal areas.

B. Chemicals used for normal hus-bandry practices, cleaning, disinfecting, andthe like, that may be toxic to the animals mustnot be stored in food storage or food prepara-tion areas, but may be stored in adjacentrooms or in secure cabinets in the animalareas. All chemicals and mixing containersmust be clearly labeled.

C. All medications must be stored inclean, dust restricting cabinets with well-fit-ting doors or other suitable container withwell-fitting lid or top. All medications mustbe clearly marked, or labeled with patient’sname and directions if issued for a specificanimal. Manufacturers’ labels, includingexpiration date, shall not be removed ordefaced. Medications such as dips and rins-es and those marked for external use only,may be stored in the same cabinet but mustbe physically separated from other medica-tions.

6. Drainage and waste disposal. Housingfacility operators must provide for regularand frequent collection, removal, and dispos-al of animal and food waste, bedding, debris,garbage, water, other fluids and wastes, anddead animals, in a manner that minimizescontamination and disease risks. Housingfacilities must be equipped with disposalfacilities and drainage systems that are con-structed and operated so that animal wasteand water are rapidly eliminated and animalsstay dry. Disposal and drainage systems mustminimize vermin and pest infestation,insects, odors, and disease hazards. Alldrains must be properly constructed,installed, and maintained. If closed drainagesystems are used, they must be equipped withtraps and prevent the backflow of gases andthe backup of sewage onto the floor. If the

facility uses sump or settlement ponds, orother similar systems for drainage and animalwaste disposal, the system must be located farenough away from the animal area of thehousing facility to prevent odors, diseases,pests and vermin infestation. Standing pud-dles of water in animal enclosures and adja-cent areas must be drained or mopped up sothat the animals stay dry. Trash containers inhousing facilities, food storage, and foodpreparation areas must be leakproof and musthave tightly fitted lids on them at all times.Dead animals, animal parts, and animal wastemust not be kept in food storage or foodpreparation areas, food freezers, food refrig-erators, or animal areas.

7. Washrooms and sinks. Washing facil-ities such as washrooms, basins, sinks, orshowers (as needed) must be provided for ani-mal caretakers and must be readily accessi-ble.

8. Fire detection and extinguishers. A. All indoor housing facilities and

the indoor portion of sheltered housing facil-ities shall be equipped with properly main-tained smoke or heat detection devices andextinguishers. Type, number, and location ofthe detectors and extinguishers shall be inaccordance with the National Fire Code andlocal fire codes.

(B) Indoor Housing Facilities. 1. Heating, cooling, and temperature.

Indoor housing facilities for animals must besufficiently heated and cooled when neces-sary to protect the animals from temperatureextremes and to provide for their health andwell-being. When animals are present, theambient temperature in the facility must notfall below fifty degrees Fahrenheit (50°F) orten degrees Celsius (10°C) for animals notacclimated to lower temperatures, for thosebreeds that cannot tolerate lower tempera-tures without stress or discomfort (such asshort-haired breeds) and for sick, aged,young, or infirm animals, except as approvedby the attending veterinarian. Dry bedding,solid resting boards, or other methods of con-serving body heat must be provided whentemperatures are below fifty degrees Fahren-heit (50°F) or ten degrees Celsius (10°C).The ambient temperature must not fall belowforty-five degrees Fahrenheit (45°F) or sevenand two-tenths degrees Celsius (7.2°C) formore than four (4) consecutive hours whenanimals are present and must not rise aboveeighty-five degrees Fahrenheit (85°F) ortwenty-nine point five degrees Celsius(29.5°C) for more than four (4) consecutivehours when animals are present.

2. Ventilation. Indoor housing facilitiesfor animals must be sufficiently ventilated atall times when animals are present to provide

for their health and well-being and to mini-mize odors, drafts, ammonia levels, andmoisture condensation. Ventilation must beprovided by windows, vents, fans, or air con-ditioning. Auxiliary ventilation, such as fans,blowers, or air conditioning must be providedwhen the ambient temperature is eighty-fivedegrees Fahrenheit (85°F) or twenty-ninepoint five degrees Celsius (29.5°C) or high-er. The relative humidity must be maintainedat a level that ensures the health and well-being of dogs or cats housed in the facility, inaccordance with the directions of the attend-ing veterinarian and generally accepted pro-fessional and husbandry practices.

3. Lighting. Indoor housing facilities foranimals must be lighted well enough to per-mit routine inspection, cleaning of the facili-ty, and observation of the animals. Animalareas must be provided a regular diurnallighting cycle of either natural or artificiallight. Lighting must be uniformly diffusedthroughout animal facilities and provide suf-ficient illumination to aid in maintaininggood housekeeping practices, adequate clean-ing, adequate inspection of animals, and forthe well-being of the animals. Primary enclo-sures must be placed so as to protect the ani-mals from excessive light.

4. Interior surfaces. The floors and wallsof indoor housing facilities and any other sur-faces in contact with the animals must beimpervious to moisture. The ceilings of indoorhousing facilities must be impervious to mois-ture or be replaceable, for example, a sus-pended ceiling with replaceable panels.

(C) Sheltered Housing Facilities.1. Heating, cooling, and temperature.

The sheltered part of sheltered housing facil-ities for animals must be sufficiently heatedand cooled when necessary to protect thedogs and cats from temperature extremes andto provide for their health and well-being.The ambient temperature in the sheltered partof the facility must not fall below fiftydegrees Fahrenheit (50 °F) or ten degreesCelsius (10 °C) for animals not acclimated tolower temperatures, for those breeds that can-not tolerate lower temperatures without stressand discomfort (such as short-haired breeds),and for sick, aged, young, or infirm animals,except as approved by the attending veterinar-ian. Dry bedding, solid resting boards, orother methods of conserving body heat mustbe provided when temperatures are belowfifty degrees Fahrenheit (50 °F) or tendegrees Celsius (10 °C). The ambient tem-perature must not fall below forty-fivedegrees Fahrenheit (45 °F) or seven and two-tenths degrees Celsius (7.2 °C) for more thanfour (4) consecutive hours when animals arepresent and must not rise above eighty-five


Secretary of State


degrees Fahrenheit (85 °F) or twenty-nineand five-tenths degrees Celsius (29.5 °C) formore than four (4) consecutive hours whenanimals are present.

2. Ventilation. The enclosed or shelteredpart of sheltered housing facilities for animalsmust be sufficiently ventilated when animalsare present to provide for their health andwell-being and to minimize odors, drafts,ammonia levels, and moisture condensation.Ventilation must be provided by windows,doors, vents, fans, or air conditioning. Auxil-iary ventilation, such as fans, blowers, or airconditioning, must be provided when theambient temperature is eighty-five degreesFahrenheit (85 °F) or twenty-nine and five-tenths degrees Celsius (29.5 °C) or higher.

3. Lighting. Sheltered housing facilitiesfor animals must be lighted well enough topermit routine inspection and cleaning of thefacility and observation of the animals. Ani-mal areas must be provided a regular diurnallighting cycle of either natural or artificiallight. Lighting must be uniformly diffusedthroughout animal facilities and provide suf-ficient illumination to aid in maintaininggood housekeeping practices, adequate clean-ing, adequate inspection of animals, and forthe well-being of the animals. Primary enclo-sures must be placed so as to protect the ani-mals from excessive light.

4. Shelter from the elements. Animalsmust be provided with adequate shelter fromthe elements at all times to protect theirhealth and well-being. The shelter structuresmust be large enough to allow each animal tosit, stand, and lie in a normal manner and toturn about freely.

5. Surfaces.A. The following areas in sheltered

housing facilities must be impervious tomoisture:

(I) Indoor floor areas in contactwith the animals;

(II) Outdoor floor areas in contactwith the animals, when the floor areas are notexposed to the direct sun or are made of ahard material such as wire, wood, metal, orconcrete; and

(III) All walls, boxes, houses, dens,and other surfaces in contact with the ani-mals.

B. Outside floor areas in contact withthe animals and exposed to the direct sun maynot consist of bare dirt or sand and must haveadequate drainage.

(D) Outdoor Housing Facilities.1. Restrictions. The following categories

of animals must not be kept in outdoor facil-ities, unless that practice is specificallyapproved by the attending veterinarian:

A. Animals that are not acclimated to

the temperatures prevalent in the area orregion where they are maintained;

B. Animal breeds that cannot toleratethe prevalent temperatures of the area withoutstress or discomfort (such as short-hairedbreeds in cold climates);

C. Sick, infirm, aged, or young ani-mals; and

D. When their acclimation status isunknown, animals must not be kept in out-door facilities when the ambient temperatureis less than fifty degrees Fahrenheit (50 °F)or ten degrees Celsius (10 °C).

2. Shelter from the elements. Outdoorfacilities for animals must include one (1) ormore shelter structures that are accessible toeach animal in each outdoor facility and thatare large enough to allow each animal in theshelter structure to sit, stand, lie in a normalmanner, and to turn about freely. In additionto the shelter structures, one (1) or more sep-arate outside areas of shade must be providedby means of trees, permanent awnings, orsuspended shade cloth or heavy duty tarps ingood repair and firmly secured to a frame,large enough to contain all the animals atonce and protect them from the direct rays ofthe sun. Tarps kept firmly secure and in goodrepair may be used as windbreaks. Sheltersin outdoor facilities for animals must containa roof, four (4) sides, and a floor and must—

A. Provide the animals with adequateprotection and shelter from the cold and heat;

B. Provide the animals with protec-tion from the direct rays of the sun and thedirect effect of wind, rain, or snow;

C. Be provided with a wind break andrain break at the entrance; and

D. Contain clean, dry bedding mate-rial if the ambient temperature is below fiftydegrees Fahrenheit (50 °F) or ten degreesCelsius (10 °C). Additional clean, dry bed-ding is required when the temperature is thir-ty-five degrees Fahrenheit (35 °F) or one andseven-tenths degrees Celsius (1.7 °C) orlower.

3. Construction. Building surfaces incontact with animals in outdoor housing facil-ities must be impervious to moisture. Metalbarrels, cars, refrigerators or freezers, andthe like must not be used as shelter struc-tures. The floors of outdoor housing facilitiesmay not be of bare dirt or sand; must haveadequate drainage; and must be replaced ifthere are any prevalent odors, diseases,insects, pests, or vermin. All surfaces mustbe maintained on a regular basis. Surfaces ofoutdoor housing facilities, including houses,dens, and the like, that cannot be readilycleaned and sanitized, must be replaced whenworn or soiled. If aggregate or fine gravel isused for flooring, it must be appropriate to

the size of the dog.(E) Mobile or Traveling Facilities.

1. Heating, cooling, and temperature.Mobile or traveling housing facilities for ani-mals must be sufficiently heated and cooledwhen necessary to protect the animals fromtemperature extremes and to provide for theirhealth and well-being. The ambient tempera-ture in the mobile or traveling housing facili-ty must not fall below fifty degrees Fahrenheit(50 °F) or ten degrees Celsius (10 °C) foranimals not acclimated to lower temperatures,for those breeds that cannot tolerate lowertemperatures without stress or discomfort(such as short-haired breeds) and for sick,aged, young, or infirm animals. Dry bedding,solid resting boards, or other methods of con-serving body heat must be provided whentemperatures are below fifty degrees Fahren-heit (50 °F) or ten degrees Celsius (10 °C).The ambient temperature must not fall belowforty-five degrees Fahrenheit (45 °F) or sevenand two-tenths degrees Celsius (7.2 °C) formore than four (4) consecutive hours whenanimals are present, and must not exceedeighty-five degrees Fahrenheit (85 °F) ortwenty-nine and five-tenths degrees Celsius(29.5 °C) for more than four (4) consecutivehours when animals are present.

2. Ventilation. Mobile or traveling hous-ing facilities for animals must be sufficientlyventilated at all times when animals are pre-sent to provide for the health and well-beingof the animals and to minimize odors, drafts,ammonia levels, moisture condensation, andexhaust fumes. Ventilation must be providedby means of windows, doors, vents, fans, orair conditioning. Auxiliary ventilation suchas fans, blowers, or air conditioning must beprovided when the ambient temperature with-in the animal housing area is eighty-fivedegrees Fahrenheit (85 °F) or twenty-nineand five-tenths degrees Celsius (29.5 °C) orhigher.

3. Lighting. Mobile or traveling housingfacilities for animals must be lighted wellenough to permit proper cleaning and inspec-tion of the facility and observation of the ani-mals. Animal areas must be provided a regu-lar diurnal lighting cycle of either natural orartificial light. Lighting must be uniformlydiffused throughout animal facilities and pro-vide sufficient illumination to aid in main-taining good housekeeping practices, ade-quate cleaning, adequate inspection ofanimals, and for the well-being of the ani-mals.

(F) Primary Enclosures. Primary enclo-sures for animals must meet the followingminimum requirements:

1. General requirements.A. Primary enclosures must be



designed and constructed of suitable materi-als so that they are structurally sound. Theprimary enclosure must be kept in goodrepair.

B. Primary enclosures must be con-structed and maintained so that they—

(I) Have no sharp points or edgesthat could injure the animals;

(II) Protect the animals frominjury;

(III) Contain the animals securely;(IV) Keep other animals from

entering the enclosure;(V) Enable the animals to remain

dry and clean;(VI) Provide shelter and protection

from extreme temperatures and weather con-ditions that may be uncomfortable or haz-ardous to the animals;

(VII) Provide sufficient shade toshelter all the animals housed in the primaryenclosure at one time;

(VIII) Provide all the animals witheasy and convenient access to clean food andwater;

(IX) Enable all surfaces in contactwith the animals to be readily cleaned andsanitized in accordance with this rule, or bereplaceable when worn or soiled;

(X) Have floors that are construct-ed in a manner that protects the animals’ feetand legs from injury and that, if elevated con-struction, must be constructed of materialsstrong enough to prevent sagging and with amesh small enough that will not allow theanimals’ feet to pass through any openings inthe floor. If the floor of the primary enclosureis constructed of elevated flooring, a solidresting surface(s) or a perforated surface(s)with holes small enough to prevent any por-tion of the animals’ feet or toes to passthrough that, in the aggregate, is largeenough to hold all the occupants of the pri-mary enclosure at the same time comfortablymust be provided; and

(XI) Provide sufficient space toallow each animal to turn about freely, tostand, sit, and lie in a comfortable, normalposition, and to walk in a normal manner.

C. Any primary enclosure subject tothe provisions of section 273.345, RSMoshall meet the following standards for elevat-ed flooring:

(I) Wire strand flooring shall beprohibited;

(II) Slatted flooring must be flat, noless than one and one-half inches (1.5") inwidth, and constructed of materials strongenough to prevent sagging and with openingsthat will not allow the animals’ feet to passthrough any openings in the floor. Any pre-manufactured slatted flooring must be

described by specifications, listed on theapproved flooring list maintained by the stateveterinarian, and posted on the department’swebsite, as revised;

(III) Plastic flooring must be con-structed of materials strong enough to preventsagging and with openings that will not allowthe animals’ feet to pass through any open-ings in the floor. Any premanufactured floor-ing must be described by specifications, list-ed on the approved flooring list maintained bythe state veterinarian, and posted on thedepartment’s website, as revised;

(IV) Expanded metal flooring coat-ed with a flexible plastic surface must be con-structed of materials strong enough to preventsagging and with openings that will not allowthe animals’ feet to pass through any openingsin the floor. The coating must be maintainedin such a manner that the animal is not allowedto come into contact with the metal. Any pre-manufactured flooring must be described byspecifications, listed on the approved flooringlist maintained by the state veterinarian, andposted on the department’s website, asrevised; and

(V) Galvanized expanded metalflooring must be constructed of materialsstrong enough to prevent sagging and withopenings that will not allow the animals’ feetto pass through any openings in the floor.Galvanized expanded metal flooring musthave a flat surface that is free of rust andsharp points. Any premanufactured flooringmust be described by specifications, listed onthe approved flooring list maintained by thestate veterinarian, and posted on the depart-ment’s website, as revised;

2. Additional requirements for cats.A. Space. Each cat, including weaned

kittens, that is housed in any primary enclo-sure must be provided minimum verticalspace and floor space as follows:

(I) Each primary enclosure housingcats must be at least twenty-four inches (24")high or sixty and ninety-six hundredths cen-timeters (60.96 cm). Temporary housing suchas queening cages may be reduced to a heightof eighteen inches (18") or forty-five and sev-enty-two hundredths centimeters (45.72 cm)to reduce injury to kittens;

(II) Cats up to and including eightand eight-tenths (8.8) pounds or four (4) kilo-grams must be provided with at least three(3.0) square feet or twenty-eight hundredths(0.28) square meters;

(III) Cats over eight and eight-tenths (8.8) pounds or four (4) kilogramsmust be provided with at least four (4.0)square feet or thirty-seven hundredths (0.37)square meters;

(IV) Each queen with nursing kit-

tens must be provided with an additionalamount of floor space, based on her breedand behavioral characteristics, and in accor-dance with generally accepted husbandrypractices as determined by the attending vet-erinarian. If the additional amount of floorspace for each nursing kitten is equivalent toless than five percent (5%) of the minimumrequirement for the queen, the housing mustbe approved by the state veterinarian; and

(V) The minimum floor spacerequired by this section is exclusive of anyfood or water pans. The litter pan may beconsidered part of the floor space if properlycleaned and sanitized.

B. Compatibility. All cats housed inthe same primary enclosure must be compat-ible, as determined by observation. Not morethan twelve (12) adult nonconditioned catsmay be housed in the same primary enclo-sure. Queens in heat may not be housed in thesame primary enclosure with sexually maturemales, except for breeding. Except whenmaintained in breeding colonies, queens withlitters may not be housed in the same prima-ry enclosure with other adult cats, and kittensunder four (4) months of age may not behoused in the same primary enclosure withadult cats, other than the dam or foster dam.Cats with a vicious or aggressive dispositionmust be housed separately.

C. Litter. In all primary enclosures, areceptacle containing sufficient clean littermust be provided to contain excreta and bodywastes.

D. Resting surfaces. Each primaryenclosure housing cats must contain a restingsurface(s) that, in the aggregate, is largeenough to hold all the occupants of the pri-mary enclosure at the same time comfortably.The resting surfaces must be elevated, imper-vious to moisture, and be able to be easilycleaned and sanitized or easily replaced whensoiled or worn.

(I) Low resting surfaces that do notallow the space under them to be comfortablyoccupied by the animal will be counted aspart of the floor space. Floor space under lowresting surfaces shall not be counted as floorspace to meet the minimum space require-ments.

(II) Elevated resting surfaces willnot be required for short-term housing facili-ties such as boarding kennels, commercialkennels, contract kennels, pet shops, andpounds or dog pounds, however, elevatedresting surfaces may be properly installed toincrease floor space to that required in thisrule; and

3. Additional requirements for dogs.A. Space.

(I) Each dog housed in a primary


Secretary of State


enclosure (including weaned puppies) mustbe provided a minimum amount of floorspace, calculated as follows: Find the mathe-matical square of the sum of the length of thedog in inches (measured from the tip of itsnose to the base of its tail) plus six inches(6"); then divide the product by one hundredforty-four (144). The calculation is: (lengthof dog in inches plus six (6)) times (length ofdog in inches plus six (6)) equals requiredfloor space in square inches. Required floorspace in inches divided by one hundred forty-four (144) equals required floor space insquare feet.

(II) Each bitch with nursing pup-pies must be provided with an additionalamount of floor space, based on her breedand behavioral characteristics, and in accor-dance with generally accepted husbandrypractices as determined by the attending vet-erinarian. If the additional amount of floorspace for each nursing puppy is less than fivepercent (5%) of the minimum requirementfor the bitch, this housing must be approvedby the state veterinarian.

(III) The interior height of a prima-ry enclosure must be at least six inches (6")higher than the head of the tallest dog in theenclosure when it is in a normal standingposition.

(IV) Permanent tethering of dogs isprohibited for use as a primary enclosure.Temporary tethering of dogs is prohibited foruse as a primary enclosure unless writtenapproval is obtained from the state veterinar-ian.

B. Compatibility. All dogs housed inthe same primary enclosure must be compat-ible, as determined by observation. Not morethan twelve (12) adult nonconditioned dogsmay be housed in the same primary enclo-sure. Bitches in heat may not be housed in thesame primary enclosure with sexually maturemales, except for breeding. Except whenmaintained in breeding colonies, bitches withlitters may not be housed in the same prima-ry enclosure with other adult dogs, and pup-pies under four (4) months of age may not behoused in the same primary enclosure withadult dogs, other than their dam or fosterdam. Dogs with a vicious or aggressive dis-position must be housed separately.

C. Additional space requirements fordogs subject to the provisions of section273.345, RSMo, shall be based upon theminimum amount of floor space as calculatedfrom part (1)(F)3.A.(I) of this rule and mul-tiplied by factor or added to the total livingarea as prescribed in this rule.

(I) The minimum allowable spacefor primary enclosures subject to the provi-sions of section 273.345, RSMo, shall be cal-

culated as follows:(a) Dogs housed singly. Any

dogs housed singly must have their minimumamount of floor space as calculated from part(1)(F)3.A.(I) of this rule (minimum amountof floor space) and multiplied by a factor ofsix (6);

(b) Dogs housed as a pair. Anydogs housed as a pair must have their mini-mum amount of floor space as calculatedfrom part (1)(F)3.A.(I) of this rule (minimumamount of floor space) and multiplied by afactor of three (3);

(c) Dogs housed in small groupsof three (3) to four (4). Any dogs housed insmall groups of three (3) to four (4) shall havethe largest two (2) dogs calculated from part(1)(F)3.A.(I) of this rule (minimum amount offloor space) and multiplied by a factor of three(3), with each additional dog being providedadditional space at one hundred percent(100%) of the same formula; and

(d) Dogs housed in large groupsof five (5) to six (6). Any dogs housed inlarge groups of five (5) to six (6) must havetheir minimum amount of floor space as cal-culated from part (1)(F)3.A.(I) of this rule(minimum amount of floor space) and multi-plied by a factor of three (3). No more thansix (6) adult dogs may be housed in the sameprimary enclosure.

Common examples under part (1)(F)3.C.(I)

(II) Exemptions.(a) Covered dogs subject to the

provisions of section 273.345, RSMo, maybe exempted from the space requirements ofthis rule for the purpose of documented treat-ment for veterinary purposes, provided thatthey meet space requirements under part(1)(F)3.A.(I) of this rule.

(b) Female covered dogs subjectto the provisions of section 273.345, RSMo,may be exempted from the space require-ments of this rule when they are within two(2) weeks of their whelping date and eight (8)weeks post parturition, provided that theymeet space requirements under part(1)(F)3.A.(II) of this rule.

(2) Animal Health and Husbandry Standards.(A) Compatible Grouping. Animals that

are housed in the same primary enclosuremust be compatible, with the followingrestrictions:

1. Females in heat (estrus) may not behoused in the same primary enclosure withmales, except for breeding purposes;

2. Any animal exhibiting a vicious oroverly aggressive disposition must be housedseparately;

3. Puppies or kittens four (4) months ofage or less may not be housed in the sameprimary enclosure with adult dogs or catsother than their dams or foster dams, exceptwhen permanently maintained in breedingcolonies;

4. Dogs or cats may not be housed in thesame primary enclosure with any otherspecies of animals, unless they are compati-ble; and

5. Dogs and cats that have or are sus-pected of having a contagious disease must beisolated from healthy animals in the colony,as directed by the attending veterinarian.When an entire group or room of animals isknown to have or believed to be exposed to aninfectious agent, the group may be kept intactduring the process of diagnosis, treatment,and control.

(B) Exercise for Dogs.1. Animal shelters, boarding kennels,

commercial kennels, commercial breeders,dealers, exhibitors, and voluntary licenseesmust develop, document, and follow an appro-priate plan to provide dogs with an opportuni-ty for exercise. In addition, the plan must beapproved and signed by the licensee and theattending veterinarian. The plan must includewritten standard procedures to be followed inproviding the opportunity for exercise. Theplan must be made available to the state vet-erinarian or his/her designated representativeupon request. The plan, at a minimum, mustcomply with each of the following:

A. Dogs housed individually. Dogsover twelve (12) weeks of age, except bitcheswith litters, housed, held, or maintained byany animal shelter, boarding kennel, com-mercial kennel, commercial breeder, dealer,exhibitor, or voluntary licensee must be pro-vided the opportunity for exercise regularly ifthey are kept in individual cages, pens, orruns that provide less than two (2) times therequired floor space for that dog, as pre-scribed in this rule; and

B. Dogs housed in groups. Dogs overtwelve (12) weeks of age housed, held, ormaintained in groups by any dealer orexhibitor do not require additional opportuni-ty for exercise regularly if they are main-tained in cages, pens, or runs that provide intotal at least one hundred percent (100%) ofthe required space for each dog if maintainedseparately. These animals may be maintainedin compatible groups unless—

(I) In the opinion of the attendingveterinarian, this housing would adverselyaffect the health or well-being of the dogs(s);or



Single Pair Group of 3 Group of 4 Group of 5 Group of 6

18 inch dog 24 sq ft 24 sq ft 28 sq ft 32 sq ft 60 sq ft 72 sq ft 30 inch dog 54 sq ft 54 sq ft 63 sq ft 72 sq ft 135 sq ft 162 sq ft 42 inch dog 96 sq ft 96 sq ft 112 sq ft 128 sq ft 240 sq ft 288 sq ft

(II) Any dog exhibits aggressive orvicious behavior.

2. Methods and period of providingexercise opportunity.

A. The frequency, method, and dura-tion of the opportunity for exercise shall bedetermined by the attending veterinarian.

B. Licensees, in developing theirplan, should consider providing positivephysical contact with humans that encouragesexercise through play or other similar activi-ties. If a dog is housed, held, or maintainedat a facility without sensory contact withanother dog, it must be provided with posi-tive physical contact with humans at leastdaily.

C. The opportunity for exercise maybe provided in a number of ways, such as—

(I) Group housing in cages, pens,or runs that provide at least one hundred per-cent (100%) of the required space for eachdog if maintained separately under the mini-mum floor space requirements of this rule;

(II) Maintaining individuallyhoused dogs in cages, pens, or runs that pro-vide at least twice the minimum amount offloor space required by this rule;

(III) Providing access to a run oropen area at the frequency and duration pre-scribed by the attending veterinarian; or

(IV) Other similar activities.D. Forced exercise methods or

devices such as swimming, treadmills, orcarousel-type devices are unacceptable formeeting the requirements of this section.

3. Exemptions. If, in the opinion of theattending veterinarian, it is inappropriate forcertain dogs to exercise because of theirhealth, condition, or well-being, the licenseemay be exempted from meeting the require-ments of this section for those specific dogs.This exemption must be documented by theattending veterinarian and, unless the basisfor exemption is a permanent condition, mustbe reviewed and signed at least every thirty(30) days by the attending veterinarian.

4. Constant and unfettered access.Except as prescribed herein by rule, commer-cial breeders with more than ten (10) intactfemales must provide covered dogs with con-stant and unfettered access to an attached out-door run. The following general exemptionsshall apply to constant and unfettered access:

A. Purposes of veterinary care. Cov-ered dogs subject to the provisions of section273.345, RSMo, may be exempted from therequirement of constant and unfettered accessto outdoor exercise for the purpose of docu-mented treatment for veterinary purposes;

B. Whelping. Female covered dogssubject to the provisions of section 273.345,RSMo, may be exempted from the require-

ment of constant and unfettered access to out-door exercise when they are within two (2)weeks of their whelping date and eight (8)weeks post parturition;

C. Extreme weather. Covered dogssubject to the provisions of section 273.345,RSMo, may be exempted from the requirementof constant and unfettered access to outdoorexercise during extreme weather conditions asdefined under 2 CSR 30-9.010(2)(CC);

D. Nocturnal predators. Covered dogssubject to the provisions of section 273.345,RSMo, may be exempted from the require-ment of constant and unfettered access to out-door exercise from dusk to dawn; and

E. Municipal zoning ordinances. Cov-ered dogs subject to the provisions of section273.345, RSMo, may be exempted from therequirement of constant and unfettered accessto outdoor exercise to comply with municipalzoning ordinances.

(C) Feeding. 1. Animals must be fed at least once

each twelve (12) hours, unless the dietaryrequirements of the species require a longerinterval and except as otherwise might berequired to provide adequate veterinary care.The food must be uncontaminated, whole-some, palatable, and of sufficient quantityand nutritive value to maintain the normalcondition and weight of the animal. The dietmust be appropriate for the individual ani-mal’s age and condition.

2. Food receptacles used for animalsmust be readily accessible to all animals andmust be located so as to minimize contami-nation by excreta and pests and be protectedfrom rain and snow. Feeding pans must eitherbe made of a durable material that can be eas-ily cleaned and sanitized or disposable. If thefood receptacles are not disposable, they mustbe kept clean and must be sanitized in accor-dance with this rule. If the food receptaclesare disposable, they must be discarded afterone (1) use. Self-feeders may be used for thefeeding of dry food. If self-feeders are used,they must be kept clean and must be sanitizedin accordance with this rule. Measures mustbe taken to ensure that there is no molding,deterioration, and caking of feed.

(D) Watering.1. Each licensee subject to the provi-

sions of section 273.345, RSMo, shall pro-vide continuous access to potable water thatis not frozen and is generally free of debris,feces, algae, and other contaminants.

2. If potable water is not continuallyavailable to the animals, it must be offered tothe animals as often as necessary to ensuretheir health and well-being, but not less thanonce each eight (8) hours for at least one (1)hour each time, unless restricted by the

attending veterinarian. 3. Water receptacles must be kept clean

and sanitized in accordance with this rule andbefore being used to water a different animalor social grouping of animals.

(E) Cleaning, Sanitization, Housekeeping,and Pest Control.

1. Cleaning of primary enclosures.A. Excreta and food waste must be

removed from primary enclosures daily andfrom under primary enclosures as often asnecessary to prevent an excessive accumula-tion of feces and food waste, to prevent soil-ing of the animals contained in the primaryenclosures, and to reduce disease hazards,insects, pests, and odors.

B. When steam or water is used toclean the primary enclosure, whether by hos-ing, flushing, or other methods, animals mustbe removed unless the enclosure is largeenough to ensure the animals would not beharmed, wetted, or distressed in the process.

C. Standing water must be removedfrom the primary enclosure and adjacentareas.

D. Animals in other primary enclo-sures must be protected from being contami-nated with water and other wastes during thecleaning.

E. The pans under primary enclo-sures with elevated floors and the groundareas under raised runs must be cleaned asoften as necessary to prevent accumulation offeces and food waste and to reduce diseasehazards, pests, insects, and odors.

F. Any person required to have alicense under sections 273.325 to 273.357,RSMo, who houses animals in stacked cageswithout an impervious barrier between thelevels of such cages, except when cleaningsuch cages, is guilty of a class A misde-meanor.

2. Sanitization of primary enclosuresand food and water receptacles.

A. Used primary enclosures and foodand water receptacles must be cleaned andsanitized in accordance with this sectionbefore they can be used to house, feed, orwater another animal, or social grouping ofanimals.

B. Used primary enclosures and foodand water receptacles for animals must besanitized at least once every two (2) weeksusing one (1) of the methods prescribed inthis section, and more often if necessary toprevent accumulation of dirt, debris, foodwaste, excreta, and other disease hazards.

C. Hard surfaces of primary enclo-sures and food and water receptacles must besanitized using one (1) of the following meth-ods:

(I) Live steam under pressure;


Secretary of State


(II) Washing with hot water (at leastone hundred eighty degrees Fahrenheit (180°F) or eighty-two and two-tenths degreesCelsius (82.2 °C)) and soap or detergent, aswith a mechanical cage washer; or

(III) Washing all soiled surfaceswith appropriate detergent solutions and dis-infectants, or by using a combination deter-gent/disinfectant product that accomplishesthe same purpose, with a thorough cleaningof the surfaces to remove organic material, soas to remove all organic material and miner-al build-up, and to provide sanitization fol-lowed by a clean water rinse.

D. Pens, runs, and outdoor housingareas using material that cannot be sanitizedusing the methods previously stated, such asgravel, sand, grass, earth, or absorbent bed-ding, must be sanitized by removing the con-taminated material as necessary to preventodors, diseases, pests, insects, and vermininfestation.

3. Housekeeping for premises. Premiseswhere housing facilities are located, includ-ing buildings and surrounding grounds, mustbe kept clean and in good repair to protect theanimals from injury, to facilitate the hus-bandry practices required in this rule, and toreduce or eliminate breeding and living areasfrom rodents and other pests and vermin.Premises must be kept free of accumulationsof trash, junk, waste products, and discardedmatter. Weeds, grasses, and bushes must becontrolled so as to facilitate cleaning of thepremises and pest control and to protect thehealth and well-being of the animals.

4. Pest control. An effective programfor the control of insects, external parasitesaffecting dogs and cats, and birds and mam-mals that are pests must be established andmaintained so as to promote the health andwell-being of the animals and reduce contam-ination by pests in animal areas.

(F) Employees. Each person licensedunder the provisions of the Animal CareFacilities Act (ACFA) and who is maintainingdogs or cats, or both, must have enoughemployees to carry out the level of husbandrypractices and care required by this rule. Theemployees who provide for husbandry andcare or handle animals must be properlytrained in these activities to the degree thattheir work performance ensures all standardsare met in maintaining of the animals. Theseemployees shall be supervised by an individ-ual who has the knowledge, background, andexperience in proper husbandry and care ofdogs and cats to supervise others. Theemployer must be certain that the supervisorand other employees can perform to thesestandards.

(G) Primary Enclosures When Homes Are

Used as Animal Facilities.1. General requirements. Homes used as

an animal housing facility must be the homesnormally occupied by the human inhabitantresponsible for caring for the animal(s) andmust be adequate and suitable for reasonableprudent humans to live in without health orinjury risks above those expected in a wellmanaged home. Houses shall not be compart-mentalized except to restrict entry into areaswhich may be hazardous to the animals.Areas compartmentalized from the main liv-ing area occupied by the human inhabitantsshall not be used as animal areas unless theymeet the standards of indoor housing facili-ties. The temperature in home housing facili-ties must be maintained between sixtydegrees and eighty-five degrees Fahrenheit(60 °–85 °F) at all times when animals arepresent.

A. Dogs and/or cats must be compat-ible to be housed in the same home.

B. The home must be equipped withsmoke or heat detectors.

C. Homes must be kept free of fleasand ticks.

2. Space and additional requirements.A. Cages or crates used to contain

animals for short periods of time within thehome must be large enough to permit the ani-mal to stand, sit, lie, and turn around in anormal manner and must additionally meetthe standards of primary enclosures used totransport live dogs or cats as specified in sub-section (3)(B) of this rule.

B. Dogs shall not be caged or cratedexcept:

(I) At night when the caregiverretires;

(II) For short periods of time whenthe caregiver is away from home or tem-porarily unable to supervise the animal; or

(III) When necessary for medicalreasons.

C. Cats shall not be caged or cratedunless necessary for medical reasons. If suchconfinement is expected to be in excess oftwenty-four (24) hours, an elevated restingsurface as specified in subparagraph(1)(F)2.D. of this rule must be providedunless such resting surface may aggravate themedical condition.

D. House pets being boarded orhoused in homes other than their owner’sshall not be tethered inside or outside thehouse. They shall be on a hand-held leashanytime they are outside the house except thatdogs may be unleashed for short periods oftime inside a properly fenced yard whenunder the supervision of the caregiver.

E. When pet animals are being board-ed in homes, the pet owner must be permit-

ted to meet the caregiver and see the home,and the area of the home, that the animal willbe boarded in.

F. Animal wastes must be clearedfrom the exercise area on a regular basis andwith a frequency that assures animals exercis-ing in the area will not become soiled. If theinside of the home becomes soiled with ani-mal waste, the waste must be cleared and thearea cleaned immediately.

G. Animal must be placed in no lessthan a standard size room per animal. (Forexample, a four (4) room home will supportno more than four (4) animals.)

(3) Transportation Standards. (A) Consignments to Carriers and Inter-

mediate Handlers. 1. Carriers and intermediate handlers

must not accept a dog or cat for transport incommerce more than four (4) hours beforethe scheduled departure time of the primaryconveyance on which the animal is to betransported. However, a carrier or intermedi-ate handler may agree with anyone consign-ing a dog or cat to extend this time by up totwo (2) hours. Animals obtained by interme-diate handlers for boarding in conjunctionwith transportation are exempt from the four-(4-) hour restriction.

2. Carriers and intermediate handlersmust not accept a dog or cat for transport incommerce unless they are provided with thename, address, and telephone number of theconsignee.

3. Carriers and intermediate handlersmust not accept a dog or cat for transport incommerce unless the consignor certifies inwriting to the carrier or intermediate handlerthat the dog or cat was offered food and waterduring the four (4) hours before delivery tothe carrier or intermediate handler. The cer-tification must be securely attached to theoutside of the primary enclosure in a mannerthat makes it easily noticed and read. Instruc-tions for no food or water are not acceptableunless directed by the attending veterinarian.Instructions must be in compliance with thisrule. The certification must include the fol-lowing information for each dog and cat:

A. The consignor’s name andaddress;

B. The tag number or tattoo assignedto each dog or cat as required in 2 CSR 30-9;

C. The time and date the animal waslast fed and watered and the specific instruc-tions for the next feeding(s) and watering(s)for a twenty-four- (24-) hour period; and

D. The consignor’s signature and thedate and time the certification was signed.

4. Carriers and intermediate handlers



must not accept a dog or cat for transport incommerce in a primary enclosure unless theprimary enclosure meets the requirements ofthis rule. A carrier or intermediate handlermust not accept a dog or cat for transport ifthe primary enclosure is obviously defectiveor damaged and cannot reasonably be expect-ed to safely and comfortably contain the dogor cat without causing suffering or injury.

5. Carriers and intermediate handlersmust not accept a dog or cat for transport incommerce unless their animal holding areameets the minimum temperature requirementscontained in this rule, or unless the consignorprovides them with a certificate signed by aveterinarian and dated no more than ten (10)days before delivery of the animal to the carri-er or intermediate handler for transport incommerce, certifying that the animal is accli-mated to temperatures lower than thoserequired in this rule. Even if the carrier orintermediate handler receives this certification,the temperatures the dog or cat is exposed towhile in a terminal facility must not be lowerthan forty-five degrees Fahrenheit (45°F) orseven and two-tenths degrees Celsius (7.2°C)for more than four (4) consecutive hours whendogs or cats are present, as set forth in thisrule, nor lower than forty-five degrees Fahren-heit (45°F) or seven and two-tenths degreesCelsius (7.2°C) for more than forty-five (45)minutes when moving dogs or cats to or fromterminal facilities or primary conveyances. Acopy of the certification must accompany thedog or cat to its destination and must includethe following information:

A. The consignor’s name andaddress;

B. The tag number or tattoo assignedto each dog or cat as required in 2 CSR 30-9;

C. A statement by a veterinarian,dated no more than ten (10) days beforedelivery, that to the best of his/her knowl-edge, each of the dogs and cats contained inthe primary enclosure is acclimated to airtemperatures lower than fifty degrees Fahren-heit (50°F) or ten degrees Celsius (10°C);but not lower than a minimum temperature,specified on a certificate, that the attendingveterinarian has determined is based on gen-erally accepted temperature standards for theage, condition, and breed of the dog or cat;and

D. The signature of the veterinarianand the date the certification was signed.

6. When a primary enclosure containinga dog or cat has arrived at the animal holdingarea at a terminal facility after transport, thecarrier or intermediate handler must attemptto notify the consignee upon arrival and atleast once in every six- (6-) hour period after

that. The time, date, and method of allattempted notifications and the actualnotification of the consignee, and the name ofthe person who notifies or attempts to notifythe consignee must be written either on thecarrier’s or intermediate handler’s copy ofthe shipping document or on the copy thataccompanies the primary enclosure. If theconsignee cannot be notified within twenty-four (24) hours after the dog or cat hasarrived at the terminal facility, the carrier orintermediate handler must return the animalto the consignor or to whomever the con-signor designates. If the consignee is notifiedof the arrival and does not accept delivery ofthe dog or cat within forty-eight (48) hoursafter arrival of the dog or cat, the carrier orintermediate handler must return the animalto the consignor or to whomever the con-signor designates. The carrier or intermediatehandler must continue to provide proper care,feeding, and housing to the dog or cat inaccordance with generally accepted profes-sional and husbandry practices until the con-signee accepts delivery of the dog or cat oruntil it is returned to the consignor or towhomever the consignor designates. The car-rier or intermediate handler must obligate theconsignor to reimburse the carrier or inter-mediate handler for the cost of return trans-portation and care.

(B) Primary Enclosures Used to TransportLive Dogs and Cats. Any person subject tothe ACFA shall not transport or deliver fortransport in commerce a dog or cat unless thefollowing requirements are met:

1. Construction of primary enclosures.The dog or cat must be contained in a prima-ry enclosure such as a compartment, trans-port cage, carton, or crate. Primary enclo-sures used to transport dogs and cats must beconstructed so that—

A. The primary enclosure is strongenough to contain the dogs and cats securelyand comfortably and to withstand normal rig-ors of transportation;

B. The interior of the primary enclo-sure has no sharp points or edges and no pro-trusions that could injure the animal con-tained in it;

C. The dog or cat is at all timessecurely contained within the enclosure andcannot put any part of its body outside theenclosure in a way that could result in injuryto itself, to handlers or to persons or animalsnearby;

D. The dog or cat can be easily andquickly removed from the enclosure in anemergency;

E. Unless the enclosure is permanent-ly affixed to the conveyance, adequatedevices such as handles or handholds are pro-

vided on its exterior, and enable the enclosureto be lifted without tilting it, and ensure thatanyone handling the enclosure will not comeinto physical contact with the animal con-tained inside;

F. Unless the enclosure is permanent-ly affixed to the conveyance, it is clearlymarked on top and on one (1) or more sideswith the words “Live Animals”, in letters atleast one inch (1") or two and five-tenths cen-timeters (2.5 cm) high and with arrows orother markings to indicate the correct uprightposition of the primary enclosure;

G. Any material, treatment, paint,preservative, or other chemical used in or onthe enclosure is nontoxic to the animal andnot harmful to the health or well-being of theanimal;

H. Proper ventilation is provided tothe animal in accordance with this rule; and

I. The primary enclosure has a solid,leak-proof bottom or a removable, leak-proofcollection tray under a slatted or wire floorthat prevents seepage of waste products, suchas excreta and body fluids, outside of theenclosure. If a slatted or wire mesh floor isused in the enclosure, it must be designed andconstructed so that the animal cannot put anypart of its body between the slats or throughthe holes in the mesh. Unless the dogs andcats are on raised slatted floors or raisedfloors made of wire mesh, the primary enclo-sure must contain enough previously unusedlitter to absorb and cover excreta. The littermust be of a suitably absorbent material thatis safe and nontoxic to the dogs and cats;

2. Cleaning of primary enclosures. Aprimary enclosure used to hold or transportdogs or cats in commerce must be cleanedand sanitized before each use in accordancewith the methods provided in this rule. If thedogs or cats are in transit for more than twen-ty-four (24) hours, the enclosures must becleaned and any litter replaced or other meth-ods, such as moving the animals to anotherenclosure, must be utilized to prevent thesoiling of the dogs or cats by body wastes. Ifit becomes necessary to remove the dog orcat from the enclosure in order to clean, or tomove the dog or cat to another enclosure, thisprocedure must be completed in a way thatsafeguards the dog or cat from injury andprevents escape;

3. Ventilation. A. Unless the primary enclosure is

permanently affixed to the conveyance, theremust be—

(I) Ventilation openings located ontwo (2) opposing walls of the primary enclo-sure and the openings must be at least sixteenpercent (16%) of the surface area of eachsuch wall and the total combined surface area


Secretary of State




of the ventilation openings must be at leastfourteen percent (14%) of the total combinedsurface area of all the walls of the primaryenclosure; or

(II) Ventilation openings on three(3) walls of the primary enclosure, and theopenings on each of the two (2) opposingwalls must be at least eight percent (8%) ofthe total surface area of the two (2) walls, andthe ventilation openings on the third wall ofthe primary enclosure must be at least fiftypercent (50%) of the total surface area of thatwall, and the total combined surface area ofthe ventilation openings must be at least four-teen percent (14%) of the total combined sur-face area of all the walls of the primary enclo-sure; or

(III) Ventilation openings locatedon all four (4) walls of the primary enclosureand the ventilation openings on each of thefour (4) walls must be at least eight percent(8%) of the total surface area of each suchwall, and the total combined surface area ofthe openings must be at least fourteen percent(14%) of total combined surface area of allthe walls of the primary enclosure; and

(IV) At least one-third (1/3) of theventilation area must be located on the upperhalf of the primary enclosure.

B. Unless the primary enclosure ispermanently affixed to the conveyance, pro-jecting rims or similar devices must be locat-ed on the exterior of each enclosure wall hav-ing a ventilation opening in order to preventobstruction of the openings. The projectingrims or similar devices must be large enoughto provide a minimum air circulation space ofzero and seventy-five hundredths inch (0.75")or one and nine-tenths centimeters (1.9 cm)between the primary enclosure and anythingthe enclosure is placed against.

C. If a primary enclosure is perma-nently affixed to the primary conveyance sothat there is only a front ventilation openingfor the enclosure, the primary enclosure mustbe affixed to the primary conveyance in sucha way that the front ventilation opening can-not be blocked and the front ventilation open-ing must open directly to an unobstructedaisle or passageway inside the conveyance.The ventilation opening must be at least nine-ty percent (90%) of the total area of the frontwall of the enclosure, and must be coveredwith bars, wire mesh, or smooth expandedmetal having air spaces;

4. Compatibility. A. Live dogs or cats transported in

the same primary enclosure must be of thesame species and be maintained in compati-ble groups, except that dogs and cats that areprivate pets, are of comparable size, and arecompatible may be transported in the same

primary enclosure. B. Puppies or kittens four (4) months

of age or less may not be transported in thesame primary enclosure with adult dogs orcats other than their dams.

C. Dogs or cats that are overlyaggressive or exhibit a vicious dispositionmust be transported individually in a primaryenclosure.

D. Any female dog or cat in heat(estrus) may not be transported in the sameprimary enclosure with any male dog or cat;

5. Space and placement. A. Primary enclosures used to trans-

port live dogs and cats must be large enoughto ensure that each animal contained in theprimary enclosure has enough space to turnabout normally while standing, to stand andsit erect, and to lie in a natural position.

B. Primary enclosures used to trans-port dogs and cats must be positioned in theprimary conveyance so as to provide protec-tion from the elements.

6. Transportation by air. A. No more than one (1) live dog or

cat, six (6) months of age or older, may betransported in the same primary enclosurewhen shipped via air carrier.

B. No more than one (1) live puppy,eight (8) weeks to six (6) months of age, andweighing over twenty (20) pounds or nine (9)kilograms may be transported in a primaryenclosure when shipped via air carrier.

C. No more than two (2) live puppiesor kittens, eight (8) weeks to six (6) monthsof age, that are of comparable size, andweighing twenty (20) pounds or nine (9) kilo-grams or less each may be transported in thesame primary enclosure when shipped via aircarrier.

D. Weaned live puppies or kittens lessthan eight (8) weeks of age and of compara-ble size, or puppies or kittens that are lessthan eight (8) weeks of age that are litter-mates and are accompanied by their dam,may be transported in the same primaryenclosure when shipped to research facilities,including federal research facilities;

7. Transportation by surface vehicle orprivately owned aircraft.

A. No more than four (4) live dogs orcats, eight (8) weeks of age or older, that areof comparable size, may be transported in thesame primary enclosure when shipped bysurface vehicle (including ground and watertransportation) or privately owned aircraft,and only if all other requirements of this sec-tion are met.

B. Weaned live puppies or kittens lessthan eight (8) weeks of age and of compara-ble size or puppies or kittens that are lessthan eight (8) weeks of age that are litter-

mates and are accompanied by their dam maybe transported in the same primary enclosurewhen shipped to research facilities, includingfederal research facilities, and only if allother requirements in this section are met;and

8. Accompanying documents andrecords. Shipping documents that mustaccompany shipments of dogs and cats maybe held by the operator of the primary con-veyance, for surface transportation only ormust be securely attached in a readily acces-sible manner to the outside of any primaryenclosure that is part of the shipment, in amanner that allows them to be detached forexamination and securely reattached, such asin a pocket or sleeve. Instructions for admin-istration of drugs, medication, and other spe-cial care must be attached to each primaryenclosure in a manner that makes them easyto notice, to detach for examination, and toreattach securely. Food and water instructionsmust be attached as required in this rule.

(C) Primary conveyances (motor vehicle,rail, air, and marine).

1. The animal cargo space of primaryconveyances used to transport dogs and catsmust be designed, constructed, and main-tained in a manner that at all times protectsthe health and well-being of the animalstransported in them, ensures their safety andcomfort, and prevents the entry of engineexhaust from the primary conveyance duringtransportation.

2. The animal cargo space must have asupply of air that is sufficient for the normalbreathing of all the animals being transportedin it.

3. Each primary enclosure containingdogs or cats must be positioned in the animalcargo space in a manner that provides protec-tion from the elements and that allows eachdog or cat enough air for normal breathing.

4. During air transportation, dogs andcats must be held in cargo areas that are heat-ed or cooled as necessary to maintain anambient temperature that ensures the healthand well-being of the dogs or cats. The cargoareas must be pressurized when the primaryconveyance used for air transportation is noton the ground, unless flying under eight thou-sand feet (8,000'). Dogs and cats must haveadequate air for breathing at all times whenbeing transported.

5. During surface transportation, auxil-iary ventilation, such as fans, blowers, or airconditioning, must be used in any animalcargo space containing live dogs or cats whenthe ambient temperature within the animalcargo space reaches eighty-five degreesFahrenheit (85°F) or twenty-nine and five-tenths degrees Celsius (29.5°C). Moreover,

the ambient temperature may not exceedeighty-five degrees Fahrenheit (85°F) or twen-ty-nine and five-tenths degrees Celsius(29.5°C) for more than four (4) hours; nor fallbelow forty-five degrees Fahrenheit (45°F) orseven and two-tenths degrees Celsius (7.2°C)for a period of more than four (4) hours.

6. Primary enclosures must be posi-tioned in the primary conveyance in a mannerthat allows the dogs and cats to be quicklyand easily removed from the primary con-veyance in an emergency.

7. The interior of the animal cargo spacemust be kept clean.

8. Live dogs and cats may not be trans-ported with any material, substance (forexample, dry ice), or device in a manner thatmay reasonably be expected to harm the dogsand cats or cause inhumane conditions.

9. Motor vehicles used to transport ani-mals in Missouri by persons subject to theACFA must be mechanically sound, musthave a current state inspection, and must haveproof of insurance.

(D) Food and Water Requirements. Thisshall not apply to licensees such as boardingkennels or commercial kennels using localservices for close proximity or intracitydelivery of pets in connection with their nor-mal services.

1. Each dog and cat that is sixteen (16)weeks of age or more must be offered food atleast once every twenty-four (24) hours. Pup-pies and kittens less than sixteen (16) weeksof age must be offered food at least onceevery twelve (12) hours. These time periodsapply to all persons licensed under theACFA, except carriers and intermediate han-dlers, who transport dogs and cats in theirown primary conveyance, starting from thetime the dog or cat was last offered food andpotable water before transportation wasbegun. These time periods apply to carriersand intermediate handlers starting from thedate and time stated on the certificaterequired in this rule. Each dog and cat mustbe offered food and potable water within four(4) hours before being transported in com-merce. Consignors who are subject to theACFA must certify that each dog and cat wasoffered food and potable water within thefour (4) hours preceding delivery of the dogor cat to a carrier or intermediate handler fortransportation in commerce, and must certifythe date and time the food and potable waterwas offered in accordance with this rule.

2. Any person licensed under the ACFAoffering any dog or cat to a carrier or inter-mediate handler for transportation in com-merce must securely attach to the outside ofthe primary enclosure used for transportingthe dog or cat, written instructions for the in-

transit food and water requirements for atwenty-four (24)-hour period for the dogs andcats contained in the enclosure. The instruc-tions must be attached in a manner thatmakes them easily noticed and read.

3. Food and water receptacles must besecurely attached inside the primary enclo-sure and placed so that the receptacles can befilled from outside the enclosure withoutopening the door. Food and water containersmust be designed, constructed, and installedso that a dog or cat cannot leave the primaryenclosure through the food or water opening.

(E) Care in Transit. 1. Surface transportation (ground and

water). Any person subject to the ACFAtransporting dogs or cats in commerce mustensure that the operator of the conveyance ora person accompanying the operator,observes the dogs or cats as often as circum-stances allow, but not less than once everyfour (4) hours, to make sure they have suffi-cient air for normal breathing, that the ambi-ent temperature is within the limits set forthin this rule, and that all applicable trans-portation standards are complied with. Theregulated person must ensure that the opera-tor or person accompanying the operatordetermines whether any of the dogs or catsare in obvious physical distress and obtainsany veterinary care needed for the dogs orcats at the closest available veterinary facility.

2. Air transportation. During air trans-portation of dogs or cats it is the responsibil-ity of the carrier to observe the dogs or catsas frequently as circumstances allow, but notless than once every four (4) hours if the ani-mal cargo area is accessible during flight. Ifthe animal cargo area is not accessible duringflight, the carrier must observe the dogs orcats whenever they are loaded and unloadedand whenever the animal cargo space is oth-erwise accessible to make sure they have suf-ficient air for normal breathing, that the ani-mal cargo area meets the heating and coolingrequirements of this rule, and that all otherapplicable standards in 2 CSR 30-9 are beingcomplied with. The carrier must determinewhether any of the dogs or cats are in obvi-ous physical distress and arrange for anyneeded veterinary care as soon as possible.

3. If a dog or cat is obviously ill,injured, or in physical distress, it must not betransported in commerce, except to receiveveterinary care for the condition.

4. Except during the cleaning of prima-ry enclosures as required in this rule, duringtransportation in commerce a dog or cat mustnot be removed from its primary enclosureunless it is placed in another primary enclo-sure or facility that meets the requirements ofthis rule.

5. The transportation standards in thisrule must be complied with until a consigneetakes physical delivery of the dog or cat if theanimal is consigned for transportation or untilthe animal is returned to the consignor.

(F) Terminal Facilities. 1. Placement. Any person subject to the

ACFA must not commingle shipments of dogsor cats with inanimate cargo in animal hold-ing areas of terminal facilities.

2. Cleaning, sanitization, and pest con-trol. All animal holding areas of terminalfacilities must be cleaned and sanitized in amanner prescribed in this rule, as often asnecessary to prevent an accumulation ofdebris or excreta and to minimize vermininfestation and disease hazards. Terminalfacilities must follow an effective program inall animal holding areas for the control ofinsects, ectoparasites, and birds and mam-mals that are pests to dogs and cats.

3. Ventilation. Ventilation must be pro-vided in any animal holding area in a termi-nal facility containing dogs or cats, by meansof windows, doors, vents, or air conditioning.The air must be circulated by fans, blowers,or air conditioning so as to minimize drafts,odors, and moisture condensation. Auxiliaryventilation, such as exhaust fans, vents, fans,blowers, or air conditioning must be used inany animal holding area containing dogs andcats, when the ambient temperature is eighty-five degrees Fahrenheit (85 °F) or twenty-nine and five-tenths degrees Celsius (29.5°C) or higher.

4. Temperature. The ambient tempera-ture in an animal holding area containing dogsor cats must not fall below forty-five degreesFahrenheit (45 °F) or seven and two-tenthsdegrees Celsius (7.2 °C), or rise above eighty-five degrees Fahrenheit (85 °F) or twenty-nineand five-tenths degrees Celsius (29.5 °C) formore than four (4) consecutive hours at anytime dogs or cats are present. The ambienttemperature must be measured in the animalholding area by the carrier, intermediate han-dler, or a person transporting dogs or catswho is subject to the ACFA, outside any pri-mary enclosure containing a dog or cat at apoint not more than three feet (3') or zeropoint ninety-one meters (0.91 m) away froman outside wall of the primary enclosure andapproximately midway up the side of theenclosure.

5. Shelter. Any person subject to theACFA holding a live dog or cat in an animalholding area of a terminal facility must pro-vide the following:

A. Shelter from sunlight and extremeheat. Shade must be provided that is suffi-cient to protect the dog or cat from the directrays of the sun; and


Secretary of State


B. Shelter from rain or snow. Suffi-cient protection must be provided to allow thedogs and cats to remain dry during rain,snow, and other precipitation.

6. Duration. The length of time any per-son subject to the ACFA can hold dogs andcats in animal holding areas of terminal facil-ities upon arrival is the same as that providedin this rule.

(G) Handling. 1. Any person subject to the ACFA who

moves (including loading and unloading)dogs or cats within, to, or from the animalholding area of a terminal facility or a prima-ry conveyance must do as quickly and effi-ciently as possible and must provide the fol-lowing during movement of the dog or cat:

A. Shelter from sunlight and extremeheat. Sufficient shade must be provided toprotect the dog or cat from the direct rays ofthe sun. The dog or cat must not be exposedto an ambient air temperature above eighty-five degrees Fahrenheit (85°F) or twenty-nine and five-tenths degrees Celsius (29.5°C)for a period of more than forty-five (45) min-utes while being moved to or from a primaryconveyance or a terminal facility. The tem-perature must be measured in the mannerprovided in this rule;

B. Shelter from rain and snow. Suffi-cient protection must be provided to allow thedogs and cats to remain dry during rain,snow, and other precipitation; and

C. Transporting devices on which livedogs or cats are placed to move them must becovered to protect the animals when outdoortemperature falls below fifty degrees Fahren-heit (50°F) or ten degrees Celsius (10°C).The dogs or cats must not be exposed to anambient temperature below forty-five degreesFahrenheit (45°F) or seven and two-tenthsdegrees Celsius (7.2°C) for a period of morethan forty-five (45) minutes unless they areaccompanied by a certificate of acclimationto lower temperatures as provided in this rule.The temperature must be measured in themanner provided in this rule.

2. Any person handling a primary enclo-sure containing a dog or cat must use careand must avoid causing physical harm or dis-tress to the dog or cat.

A. A primary enclosure containing alive dog or cat must not be placed on unat-tended conveyor belts or on elevated convey-or belts, such as baggage claim conveyorbelts and inclined conveyor ramps that lead tobaggage claim areas, at any time; except thata primary enclosure may be placed oninclined conveyor ramps used to load andunload aircraft if an attendant is present ateach end of the conveyor belt.

B. A primary enclosure containing a

dog or cat must not be tossed, dropped, orneedlessly tilted and must not be stacked in amanner that may reasonably be expected toresult in its falling. It must be handled andpositioned in a manner that written instruc-tions and arrows on the outside of the prima-ry enclosure indicate.

3. This section applies to movement of adog or cat from primary conveyance, withina primary conveyance or terminal facility,and to or from a terminal facility or a prima-ry conveyance.

(4) Index.Facilities and Operating Standards—sec-

tion (1)Housing facilities, general—section (1),

subsection (A)Structure and construction—section (1),

subsection (A), paragraph 1.Condition and site—section (1), subsec-

tion (A), paragraph 2.Surfaces—section (1), subsection (A),

paragraph 3.Water and electric power—section (1),

subsection (A), paragraph 4.Storage—section (1), subsection (A),

paragraph 5.Drainage and waste disposal—section

(1), subsection (A), paragraph 6.Washrooms and sinks—section (1), sub-

section (A), paragraph 7.Fire detection and extinguishers—sec-

tion (1), subsection (A), paragraph 8.Indoor housing facilities—section (1), sub-

section (B)Heating, cooling and temperature—sec-

tion (1), subsection (B), paragraph 1.Ventilation—section (1), subsection (B),

paragraph 2.Lighting—section (1), subsection (B),

paragraph 3.Interior surfaces—section (1), subsec-

tion (B), paragraph 4.Sheltered housing facilities—section (1),

subsection (C)Heating, cooling, and temperature—sec-

tion (1), subsection (C), paragraph 1.Ventilation—section (1), subsection (C),

paragraph 2.Lighting—section (1), subsection (C),

paragraph 3.Shelter from the elements—section (1),

subsection (C), paragraph 4.Surfaces—section (1), subsection (C),

paragraph 5.Outdoor housing facilities—section (1),

subsection (D)Restrictions—section (1), subsection

(D), paragraph 1.Shelter from the elements—section (1),

subsection (D), paragraph 2.

Construction—section (1), subsection(D), paragraph 3.

Mobile or traveling facilities—section (1),subsection (E)

Heating, cooling, and temperature—sec-tion (1), subsection (E), paragraph 1.

Ventilation—section (1), subsection (E),paragraph 2.

Lighting—section (1), subsection (E),paragraph 3.

Primary enclosure—section (1), subsection(F)

General requirements—section (1), sub-section (F), paragraph 1.

Space/additional requirements for cats—section (1), subsection (F), paragraph 2.

Space/additional requirements fordogs—section (1), subsection (F), paragraph3.

Animal Health and Husbandry Standards—section (2)

Compatible grouping—section (2), sub-section (A)

Exercise for dogs—section (2), subsec-tion (B)

Feeding—section (2), subsection (C)Watering—section (2), subsection (D)Cleaning, sanitization, housekeeping

and pest control—section (2), subsection (E)Employees—section (2), subsection (F)Transportation Standards—section (3)Consigning animals—section (3), sub-

section (A)Primary enclosure—section (3), subsection

(B)Primary conveyance—section (3), subsec-

tion (C)Food and water requirements—section (3),

subsection (D)Care in transit—section (3), subsection

(E)Terminal facilities—section (3), subsection

(F)Handling—section (3), subsection (G)

AUTHORITY: sections 273.344 and 273.346,RSMo 2000.* Original rule filed Jan. 13,1994, effective Aug. 28, 1994. Amended:Filed Nov. 30, 1995, effective July 30, 1996.Emergency amendment filed July 11, 2011,effective July 21, 2011, expired Feb. 23,2012. Amended: Filed July 22, 2011, effec-tive Jan. 30, 2012. Amended: Filed Jan. 21,2016, effective Aug. 30, 2016.


2 CSR 30-9.040 Large Carnivore Act Defi-nitions

PURPOSE: This rule defines terms used in



licensing, operating, and inspecting largecarnivore facilities.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rulewould be unduly cumbersome or expensive.This material as incorporated by reference inthis rule shall be maintained by the agency atits headquarters and shall be made availableto the public for inspection and copying at nomore than the actual cost of reproduction.This note applies only to the reference mate-rial. The entire text of the rule is printedhere.

(1) The terms defined in sections 578.600 to578.624, RSMo, in addition to other relativeterms pertaining to large carnivores, will beapplied for use in 2 CSR 30-9.040 and 2 CSR30-9.050.


(A) Adequate diet, a diet which is balancedto meet the dietary requirements, both nutri-tional and caloric, to maintain the health sta-tus and meet the needs of the species and ageof each animal;

(B) Adequate housing, a facility whichprovides for sanitary conditions, protectionfrom extreme weather conditions, and properventilation and meets the space requirementas defined by the regulations of the UnitedStates Department of Agriculture (USDA);

(C) Attending veterinarian, a qualified vet-erinarian who has a written agreement to per-form services for the licensee;

(D) Breeding, to mate adult large carni-vores for the purpose of producing offspring;

(E) Circus, an incorporated, class Clicensee that is licensed as defined by Title 9,Code of Federal Regulations, Part 1, pub-lished annually in January, herein incorporat-ed by reference and made a part of this rule,as published by the United States Superinten-dent of Documents, 732 N Capital StreetNW, Washington, DC 20402-0001, phone:toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov, thatis temporarily in this state, and that offersskilled performances by live animals, clowns,and acrobats for public entertainment. Thisrule does not incorporate any later amend-ments or additions;

(F) Department, the Missouri Departmentof Agriculture (MDA);

(G) Director, the Director of Agriculturefor Missouri;

(H) Division, the Division of Animal

Health of the Missouri Department of Agri-culture;

(I) Electronic identification device, animplantable device meeting ISO 11784/11785standards and containing a fifteen (15)-digitnumber with an RF frequency of 134.2 Hz.;

(J) Facility, an indoor or outdoor cage,pen, or similar enclosure where a large car-nivore is kept;

(K) Facility permit, the authorizationobtained from the MDA which allows you toown and/or breed large carnivore(s);

(L) Humane killing, euthanasia must be incompliance with the American VeterinaryMedical Association Recommended Methodsof Euthanasia, unless a human life is at risk;

(M) Inspector, an individual employed bythe Missouri Department of Agriculture ordesignated by the state veterinarian;

(N) Large carnivore, either of the follow-ing:

1. Any of the following large cats of theFelidae family that are nonnative to Missouriheld in captivity: tiger, lion, jaguar, leopard,snow leopard, clouded leopard, and cheetah,including a hybrid cross with such cat, butexcluding any unlisted nonnative cat, or anycommon domestic or house cat; or

2. A bear of a species that is nonnativeto this state and held in captivity;

(O) Licensee, an individual who has beengranted a permit under the large carnivorefacility regulations;

(P) Livestock, the same meaning as suchterm is defined in section 267.565, RSMo;

(Q) Movement permit, the authorizationobtained from the MDA which allows you totransport large carnivore(s);

(R) Ownership, to possess, keep, or con-trol a large carnivore or supervise or providefor the care and feeding of a large carnivore,including any activity relating to confining,handling, breeding, transporting, or exhibit-ing the large carnivore;

(S) Qualified veterinarian, a veterinarianlicensed to practice veterinary medicineunder Chapter 340, RSMo, under the juris-diction of the Missouri Veterinary MedicalBoard;

(T) Research facility, a federal researchfacility as defined by Title 9, Code of Feder-al Regulations, Part 1, published annually inJanuary, herein incorporated by reference andmade a part of this rule, as published by theUnited States Superintendent of Documents,732 N Capital Street NW, Washington DC,20402-0001, phone: toll free (866) 512-1800,DC area (202) 512-1800, website:http://bookstore.gpo.gov, or a facilityrequired to be registered by USDA pursuantto Title 9, Code of Federal Regulations, Part1. This rule does not incorporate any later

amendments or additions;(U) State veterinarian, the Director of the

Animal Health Division of the Department ofAgriculture; and

(V) Transport, to move a large carnivorefrom one (1) location to another.

AUTHORITY: section 578.600, RSMo Supp.2010.* Original rule filed June 23, 2011,effective Jan. 30, 2012.

*Original authority: 578.600, RSMo 2010.

2 CSR 30-9.050 Large Carnivore Act Per-mit and Standards

PURPOSE: This rule sets forth the standardsand requirements for the permitting and oper-ation of large carnivore facilities.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rulewould be unduly cumbersome or expensive.This material as incorporated by reference inthis rule shall be maintained by the agency atits headquarters and shall be made availableto the public for inspection and copying at nomore than the actual cost of reproduction.This note applies only to the reference mate-rial. The entire text of the rule is printedhere.

(1) Application for Permits and Conditionsfor Issuing.

(A) Any individual possessing and/orbreeding large carnivore(s) shall obtain a per-mit from the Missouri Department of Agri-culture (MDA).

1. A large carnivore and facility permitapplication form must be completed and sub-mitted to MDA.

2. Fee must be paid in full.3. One (1) large carnivore permit is

required for each large carnivore.4. The facility must be inspected by an

inspector prior to obtaining a facility permitand annually thereafter.

5. The large carnivore and facility per-mit must be renewed on an annual basis priorto the expiration date.

6. Licensee is responsible for renewingpermits and submitting a renewal form.

7. The permit must be obtained withinthirty (30) days prior to acquiring a large car-nivore.

(B) The licensee must—1. Be at least twenty-one (21) years of

age;


Secretary of State


2. Have not been found guilty, or pledguilty to, a violation of any state or local lawprohibiting neglect or mistreatment of anyanimal or, within the previous ten (10) years,any felony;

3. Inform the local law enforcementagencies by written notification that you haveobtained a large carnivore permit;

4. Have each large carnivore micro-chipped, or the procedure supervised, by alicensed veterinarian.

A. The microchip number and adescription of the large carnivore must bemaintained for the duration of ownership andfor five (5) years post transfer of ownership.

B. The microchip record must bemaintained for one (1) year after the largecarnivore is deceased.

C. The microchip record must beavailable to MDA or designated authorityupon request within twenty-four (24) hours;and

5. Maintain health and ownershiprecords of the large carnivore(s) for the life ofthe large carnivore(s).

A. The records must list the descrip-tion and microchip number of each large car-nivore.

B. The records must document anyveterinary services, i.e., physical exams,treatments, euthanasia, etc.

C. The records must document thename, address, and contact information forany transfer of ownership, i.e., sales and pur-chases.

D. The records must document anynatural additions.

E. The MDA must be notified withinseven (7) working days of any change ininventory.

F. The records must be available toMDA or designated authority upon requestwithin twenty-four (24) hours.

G. The records must be kept for one(1) year after the death or five (5) years afterthe transfer of ownership of any large carni-vore.

(C) The licensee shall pay the large carni-vore permit fee to the Department of Agri-culture.

1. An initial fee of two hundred fiftydollars ($250) per large carnivore with amaximum of two thousand five hundred dol-lars ($2,500) assessed per facility will beassessed for the first permit.

2. A renewal fee of one hundred dollars($100) per large carnivore will be assessedannually provided the renewal is made priorto lapse of the previous permit.

(D) The licensee must provide the depart-ment the following information prior toreceiving an initial/renewal permit and must

notify the department of any changes withinthirty (30) days, unless a shorter time periodis noted:

1. Name, address, telephone, and anypertinent contact information of the permitholder and the address where each large car-nivore will be kept;

2. Name and address of the attendingveterinarian;

3. Microchip identification number,manufacturing information, and name andaddress of the veterinarian inserting themicrochip;

4. Provide proof of liability insurance ofnot less than two hundred fifty thousand dol-lars ($250,000);

5. Provide a Disaster Response andEvacuation Plan;

6. A complete annual inventory of eachlarge carnivore which includes:

A. Number of large carnivoresaccording to species;

B. The manufacturer and manufactur-er’s number of the electronic device implant-ed in each large carnivore. The name andaddress of the veterinarian who placed themicrochip;

C. The location of each large carni-vore. The licensee must notify the departmentwithin ten (10) business days of a change ofaddress or location where the large carnivoreis kept;

D. A digital color photograph of eachof the large carnivores;

E. The approximate age, sex, color,weight, scars, and any distinguishing marksof each large carnivore; and

F. Any additions or deletions to thegroup which must reconcile with previousinventory.

(2) The attending veterinarian must agree tothe following:

(A) Provide a written summary of thephysical examination and documentation ofany veterinary services provided to thelicensee;

(B) Place a microchip and provide infor-mation about the manufacturer;

(C) Provide a health certificate whenrequired for transport;

(D) Collect the appropriate sample fordeoxyribonucleic acid (DNA) registration;and

(E) Sign a veterinary care agreement form.

(3) The licensee must agree to the following:(A) Notification of any death of the large

carnivore to the department within ten (10)working days—

1. Report microchip identification num-ber to the department;

2. Provide a description (age, color, sex,etc.) of the deceased carnivore; and

3. Provide a necropsy report if a necrop-sy was performed to determine the cause ofdeath;

(B) If a large carnivore escapes or isreleased, immediately notify law enforcementand the department via telephone and followup with a written statement explaining thecircumstances and action taken within five(5) working days.

(C) Confine the large carnivore(s) in a pri-mary enclosure as required by the departmenton the licensee’s premises. The licensee mustnot allow any large carnivore(s) outside of theprimary enclosure post weaning unless thelarge carnivore is moved pursuant to any ofthe following:

1. To receive veterinary care from theattending veterinarian;

2. To comply with the directions of thedepartment or law enforcement officials; or

3. To transfer ownership and possessionof the large carnivore(s), pending priorapproval by the department; and

(D) Comply with all state regulations andfederal regulations as defined by Title 9,Code of Federal Regulations, Part 1, pub-lished annually in January, herein incorporat-ed by reference and made a part of this rule,as published by the United States Superinten-dent of Documents, 732 N Capital StreetNW, Washington, DC 20402-0001, phone:toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov.,regarding housing and transportation. Thisrule does not incorporate any later amend-ments or additions.

1. Any person transporting a large car-nivore must acquire a health certificate and amovement permit and be in compliance withstate regulations and USDA requirements.

2. The facilities and standards of caremust be in compliance with USDA standards.

(4) If the licensee is no longer able to care forthe large carnivore(s), all of the followingapply:

(A) The licensee must notify the depart-ment, stating the planned disposition of thelarge carnivore(s);

(B) The licensee must dispose of the largecarnivore(s) by transferring ownership andpossession to another permit holder, uponprior approval by the department, or provid-ing for its destruction by euthanasia asrequired by the department; and

(C) The disposal of the large carnivoremust be documented by an employee of thedepartment, law enforcement officer, orattending veterinarian.



(5) The following are not required to obtain apermit for possessing, breeding, or transport-ing large carnivore(s):

(A) An animal control shelter or animalprotection shelter that is providing temporarycare to a large carnivore for ninety (90) daysor less and has proper facilities to handle thelarge carnivore;

(B) A law enforcement officer or inspectoracting under the “Large Carnivore Act”;

(C) A veterinarian temporarily in posses-sion of a large carnivore to provide veterinarycare for or humanely euthanize the large car-nivore;

(D) A circus;(E) The University of Missouri-College of

Veterinary Medicine; (F) A zoological park that is a part of a dis-

trict created under Chapter 184, RSMo; or(G) Class C licensee under 9 CFR 1.1 that

meets the conditions described in section578.620, RSMo.

AUTHORITY: section 578.600, RSMo Supp.2010.* Original rule filed June 23, 2011,effective Jan. 30, 2012.

*Original authority: 578.600, RSMo 2010.

2 CSR 30-9.100 Eurasian, Russian, andCaptured Feral Swine Facility Act Defini-tions

PURPOSE: This rule defines terms used inlicensing, operating, and inspecting feralswine facilities.

(1) The terms defined in sections 267.010–267.730, RSMo, in addition to other relativeterms pertaining to feral swine, will beapplied for use in 2 CSR 30-9.100 and 2 CSR30-9.110.


(A) Adequate diet, a diet which is balancedto meet the dietary requirements, both nutri-tional and caloric, to maintain the health sta-tus and meet the needs of the species and ageof each animal;

(B) Attending veterinarian, a qualified vet-erinarian who has a written agreement to per-form services for the licensee;

(C) Department, the Missouri Departmentof Agriculture (MDA);

(D) Director, the Director of Agriculturefor Missouri;

(E) Division, the Division of AnimalHealth of the Missouri Department of Agri-culture;

(F) Facility, an indoor or outdoor cage,

pen, or similar enclosure where feral swineare kept;

(G) Facility permit, the authorizationobtained from the MDA which allows you toown or breed feral swine;

(H) Feral swine is defined as any of the fol-lowing:

1. Swine that are free roaming withoutany identifiable owner;

2. Russian or Eurasian swine; or3. Javelinas and peccaries;

(I) Humane killing, euthanasia must be incompliance with the American VeterinaryMedical Association Recommended Methodsof Euthanasia, unless a human life is at risk;

(J) Inspector, an individual employed bythe Missouri Department of Agriculture ordesignated by the state veterinarian;

(K) Licensee, an individual who has beengranted a permit under the feral swine facili-ty regulations;

(L) Livestock, the same meaning as suchterm is defined in section 267.565, RSMo;

(M) Movement permit, the authorizationobtained from the MDA which allows you totransport feral swine;

(N) Qualified veterinarian, a veterinarianlicensed to practice veterinary medicineunder Chapter 340, RSMo, under the juris-diction of the Missouri Veterinary MedicalBoard; and

(O) State veterinarian, Director of the Ani-mal Health Division of the Department ofAgriculture.

AUTHORITY: section 270.260, RSMo Supp.2011.* Original rule filed June 23, 2011,effective Feb. 29, 2012.

*Original authority: 270.260, RSMo 2002, amended2010.

2 CSR 30-9.110 Feral Swine ConfinementPermit and Standards

PURPOSE: This rule sets forth the standardsand requirements for the permitting and oper-ation of feral swine facilities.

(1) Application for Permits and Conditionsfor Issuing.

(A) Any individual possessing, breeding,or transporting feral swine shall obtain a per-mit from the Missouri Department of Agri-culture.

1. A facility permit application formmust be completed and submitted to thedepartment.

2. Fee must be paid in full.3. One (1) permit is required for each

location containing feral swine.

4. Permit must be renewed on an annu-al basis prior to the expiration date.

5. Licensee is responsible for renewinglicense and submitting a renewal form.

6. The permit must be obtained withinthirty (30) days prior to acquiring feralswine.

7. The licensee must meet all interstateand intrastate movement requirements (2CSR 30).

8. The licensee must have brucellosisand pseudorabies testing in accordance withthe requirements of a validated and qualifiedherd.

(B) The licensee must—1. Be at least twenty-one (21) years of

age;2. Have not been found guilty, or pled

guilty to, a violation of any state or local lawprohibiting neglect or mistreatment of anyanimal or, within the previous ten (10) years,any felony;

3 Officially identify each animal andrecord identification.

A. The identification records must bemaintained during ownership—

(I) One (1) year after the animal isdeceased; or

(II) Five (5) years after post trans-fer of ownership to another party or individ-ual.

B. The identification records must beavailable to the department or designatedauthority upon request within twenty-four(24) hours; and

4. Maintain health and ownership recordsof the feral swine.

A. The records must document anyveterinary services, i.e., physical exams, treat-ments, euthanasia, etc.

B. The records must document thename, address, and contact information forany transfer of ownership, i.e., sales andpurchases.

C. The records must document anynatural additions.

D. The department must be notifiedwithin seven (7) working days of any changein inventory, except natural additions.

E. The records must be available tothe department or designated authority uponrequest within twenty-four (24) hours.

F. The records must be kept for one(1) year after the death or five (5) years afterthe transfer of ownership of any feral swine.

(C) The licensee shall pay the facility per-mit fee to the Department of Agriculture.

1. An initial fee of two thousand fivehundred dollars ($2,500) will be assessed forthe first permit.

2. A renewal fee of five hundred dollars($500)/feral swine permit will be assessed


Secretary of State




annually provided the renewal is made priorto lapse of the previous permit.

(D) The licensee must provide the depart-ment the following information prior toreceiving an initial/renewal facility permitand must notify the department of anychanges within thirty (30) days, unless ashorter time period is noted:

1. Name, address, telephone number,and any pertinent contact information of thepermit holder and the physical address orGPS coordinates of each facility where feralswine are kept;

2. Name and address of the attendingveterinarian;

3. A complete annual inventory of feralswine which includes:

A. Number of feral swine (indicatespecies if warranted);

B. Age and gender of each individual;C. Official identification of each indi-

vidual;D. The location of the feral swine

facility. The permit holder must notify thedepartment within ten (10) business days of achange of address or location where the feralswine are kept; and

E. Disposition of any animal nolonger on the inventory and any natural orpurchased additions, including addresses ofindividuals from whom feral swine were pur-chased or to whom feral swine were sold.Any additions or deletions to the group mustreconcile with previous inventory.

(2) The attending veterinarian must agree tothe following:

(A) Provide a written summary of thephysical examination and documentation ofany veterinary services provided to thelicensee;

(B) Identify all the feral swine with officialidentification;

(C) Provide a health certificate whenrequired for transport; and

(D) Sign a veterinary care agreement form.

(3) The licensee must agree to the following:(A) If a feral swine escapes or is released,

immediately notify the department via tele-phone and follow up with a written statementexplaining the circumstances and action takenwithin five (5) working days;

(B) Confine the feral swine in a primaryenclosure as required by the department onthe licensee’s premises. The licensee mustnot allow any feral swine outside of the pri-mary enclosure unless the feral swine aremoved pursuant to any of the following:

1. To receive veterinary care from theattending veterinarian;

2. To comply with the directions of the

department or law enforcement officials; or3. To transfer ownership and possession

of the feral swine pending prior approval bythe department;

(C) Provide adequate nutrition and water;and

(D) Provide adequate shelter, if needed.

(4) If the licensee is no longer able to care forthe feral swine, all of the following apply:

(A) The licensee must notify the depart-ment, stating the planned disposition of theferal swine;

(B) The licensee must dispose of the feralswine by transferring ownership and posses-sion to another permit holder, upon priorapproval by the department, or providing forits destruction by euthanasia as required bythe department; and

(C) The disposal of the feral swine must bedocumented by an employee of the depart-ment, law enforcement officer, or attendingveterinarian.

(5) The confinement area shall meet the fol-lowing requirements:

(A) The facility must be completelyenclosed in a building; or

(B) The fencing shall be constructed oftwelve (12)-gauge woven wire, at least fivefeet (5') high, and topped with one (1) strandof electrified wire. An additional two feet (2')of such fencing shall be buried and angledunderground toward the enclosure interior. Afence of equivalent or greater strength anddesign to prevent the escape of hogs may besubstituted with written application andapproval by the department.

AUTHORITY: section 270.260, RSMo Supp.2011.* Original rule filed June 23, 2011,effective Feb. 29, 2012.

*Original authority: 270.260, RSMo 2002, amended2010.