2 CSR 30-9.020
Animal Care Facility Rules Governing Licensing, Fees, Reports, Record Keeping, Veterinary Care, Identification, and Holding Period
PURPOSE: This rule sets forth the standards and requirements for
the licensing and operation of animal care facilities.
PUBLISHER’S NOTE: The secretary of state has determined that
the publication of the entire text of the material, which is
incorporated by reference as a portion of this rule, would be
unduly cumbersome or expensive. Therefore, the material, which
is so incorporated, is on file with the agency who filed this rule,
and with the Office of the Secretary of State. Any interested
person may view this material at either agency’s headquarters
or the same will be made available at the Office of the Secretary
of State at a cost not to exceed actual cost of copy reproduction.
The entire text of the rule is printed here. This note refers only to
the incorporated by reference material. The publication for AVMA
Guidelines for the Euthanasia of Animals: 2013 Edition can be
accessed at http://www.avma.org.
(1) Application for License and Conditions of Issuing.
(A) Any person or organization operating an animal shelter,
boarding kennel, commercial kennel, contract kennel, pet
shop, pound or dog pound, or acting as a dealer, commercial
breeder, intermediate handler or exhibitor in Missouri, must
have a valid license issued by the director in accordance with
the Animal Care Facilities Act (ACFA).
(B) Any person seeking a license under the provisions of the
ACFA shall—
1. Apply on a form furnished by the director;
2. Be at least eighteen (18) years of age;
3. Provide all information requested on the application
form, including a valid mailing address through which the
licensee or applicant can always be reached and a valid
premises address where animals, animal facilities, equipment,
and records shall be inspected for compliance;
4. File the completed application form with the director;
5. Submit the appropriate fee as calculated in section (2)
of this rule; and
6. Obtain a separate license for each separate physical
facility requiring a license according to the ACFA.
(C) The following persons are exempt from the licensing fees
and inspection requirements:
1. Persons engaged in breeding dogs and cats who harbor
three (3) or less intact females; and
2. Registered hobby and show breeders, with proof of
show.
(D) Pounds or dog pounds are exempt from the licensing fees
but must meet all other standards in 2 CSR 30-9 and will be
inspected at least annually.
(E) Any person exempt from the licensing requirements
may voluntarily apply for a license, but shall comply with all
rules and standards of the ACFA. A voluntary license may be
surrendered at any time the licensee so desires.
(F) The director may refuse to issue or renew or may revoke
or suspend a license on any one (1) or more of the following
grounds:
1. Material and deliberate misstatement on the application
for any original license or for any renewal license;
2. Conviction of any violation of any state or federal law on
the disposition or treatment of animals;
3. The failure of any person to comply with any provision
of the ACFA, or any of the provisions of the standards in 2 CSR
30-9; or
4. The refusal to allow the inspector free and unrestricted
access to inspect any ACFA required records, or any animal,
premises, facility, area, equipment, or vehicle.
(G) An applicant whose check is returned by the bank will be
charged a fee of fifteen dollars ($15) for each returned check.
An applicant shall not receive a license until payment has
cleared normal banking procedures. A delay of up to thirty (30)
days or more may be expected if a personal check is used for
payment of fees.
(H) Operation of an animal shelter, boarding kennel,
commercial kennel, contract kennel, pet shop, pound or
dog pound, or activity as a commercial breeder, dealer,
intermediate handler, or exhibitor (other than a limited show
or exhibit) without a valid license is a class A misdemeanor.
(I) All premises licensed under the ACFA shall be inspected at
least once each year, or upon a complaint to the department
about a particular facility. The validity of the complaint will be
determined by the state veterinarian.
(J) All licensees or applicants for a license or license renewal
must make his/her facilities, animals, premises, and records
available for inspection during business hours or at other
times mutually agreeable, in writing, to the applicant and the
animal welfare official designated by the state veterinarian.
If the licensee’s or applicant’s facilities, animals, premises,
procedures, or records do not meet the requirements in 2
CSR 30-9.020 through 2 CSR 30-9.030, the applicant will be
advised in writing of existing deficiencies and the corrective
measures that must be completed in a timely manner to be
in compliance with the standards. Persons or facilities which
subsequently fail two (2) consecutive reinspections for an
original violation shall be charged a fee of one hundred dollars
($100), which shall be paid before subsequent inspections will
be made or the renewal of that person’s or facility’s license.
(K) The Department of Agriculture shall not retain, contract
with, or otherwise utilize the services of the personnel of
any nonprofit organization for the purpose of inspection or
licensing of any animal shelter, pound or dog pound, boarding
kennel, commercial kennel, contract kennel, commercial
breeder, hobby or show breeder, or pet shop under sections
273.325 to 273.357, RSMo.
(L) A licensee or applicant for a license shall not interfere
with, threaten, abuse (including verbal abuse), or harass any
inspector or state or federal official while carrying out his/her
duties.
(M) A license shall be issued to specific persons for specific
premises, facilities, and operations and does not transfer upon
change of ownership, nor is it valid at a different location.
Otherwise, a license issued under 2 CSR 30-9 shall be valid and
effective unless—
1. The license has been revoked or suspended pursuant to
section 273.329, RSMo;
2. The license is voluntarily terminated by the written
request of the licensee to the director;
3. The license has expired or has otherwise been terminated
under 2 CSR 30-9.020; or
4. The applicant did not pay the license fee as required.
(N) There will be no refund of fees if a license is terminated
for any reason before its expiration.
(O) Licensees must accept delivery of registered mail or
certified mail notice and provide the director notice of any
change of address.
(P) All licenses will expire on January 31 each year and will
automatically terminate at midnight on that date unless the
properly completed application with the appropriate fee has
been received by the director. A person whose license has been
automatically terminated shall not conduct any activity unless
a valid license has been duly issued.
(Q) A license which is suspended or revoked under 2 CSR 30-9
shall be surrendered to the director. If the license cannot be
found, the licensee shall provide a written statement so stating
to the director.
(R) Contested cases and other matters involving licensees
and the director, or his designee, may be informally resolved
by consent agreement, settlement, stipulation, consent order,
or default.
(S) Whenever the state veterinarian or a state animal
welfare official finds past violations of sections 273.325 to
273.357, RSMo, have occurred and have not been corrected or
addressed, including operating without a valid license under
section 273.327, RSMo, the director may request the attorney
general or the county prosecuting attorney or circuit attorney
to bring an action in circuit court in the county where the
violations have occurred for a temporary restraining order,
preliminary injunction, permanent injunction, or a remedial
order enforceable in a circuit court to correct such violations
and, in addition, the court may assess a civil penalty in an
amount not to exceed one thousand dollars ($1,000) for each
violation. Each violation shall constitute a separate offense.
(T) A person commits the crime of canine cruelty if such
person repeatedly violates sections 273.325 to 273.357, RSMo,
so as to pose a substantial risk to the health and welfare of
animals in such person’s custody or knowingly violates an
agreed-to remedial order involving the safety and welfare of
animals under this section. The crime of canine cruelty is a
class C misdemeanor, unless the person has previously pled
guilty or nolo contendere to or been found guilty of a violation
of this subsection, in which case, each such violation is a class
A misdemeanor.
1. The attorney general or the county prosecuting attorney
or circuit attorney may bring an action under sections 273.325
to 273.357, RSMo, in circuit court in the county where the crime
has occurred for criminal punishment.
2. No action under this section shall prevent or preclude
action taken under section 578.012, RSMo, or under subsection
3 of section 273.329, RSMo.
(2) License Fees.
(A) In addition to the application for a license or license
renewal, each person shall submit to the director the annual
license fee prescribed in this section and calculated upon the
previous year’s business—
1. Animal shelter—One hundred dollars ($100), plus the
annual animal shelter per capita fee for every animal sold,
traded, bartered, brokered, adopted out, or given away, up to a
maximum of two thousand five hundred dollars ($2,500);
2. Pound/dog pound—No fee, but must meet the standards
in 2 CSR 30-9;
3. Commercial kennel—One hundred dollars ($100), plus
the annual commercial kennel per capita fee for each board
day, up to a maximum of two thousand five hundred dollars
($2,500);
4. Boarding kennel—One hundred dollars ($100), plus the
annual boarding kennel per capita fee for each board day, up
to a maximum of two thousand five hundred dollars ($2,500);
5. Commercial breeder—One hundred dollars ($100), plus
the annual commercial breeder per capita fee for every
animal sold, traded, bartered, brokered, or given away, up to a
maximum of two thousand five hundred dollars ($2,500);
6. Contract kennel—One hundred dollars ($100), plus the
annual contract kennel per capita fee for every animal sold,
traded, bartered, brokered, adopted out, or given away, up to a
maximum of two thousand five hundred dollars ($2,500);
7. Dealer (also auction sale operator or broker)—One
hundred dollars ($100), plus the annual dealer per capita fee
for every animal sold, traded, bartered, brokered, or given
away, up to a maximum of two thousand five hundred dollars
($2,500);
8. Pet shop—One hundred dollars ($100), plus the annual
pet shop per capita fee for every animal sold, traded, bartered,
brokered, or given away, up to a maximum of two thousand
five hundred dollars ($2,500);
9. Intermediate handler—One hundred dollars ($100),
plus a per capita fee for each board day and each animal
purchased or brokered and transported up to a maximum of
two thousand five hundred dollars ($2,500). Animals which are
transported only will be considered as carrier-transported and
not subject to a per capita fee; and
10. Hobby or show breeder—Exempt from fees and
inspection requirements, provided that such breeder qualifies
annually for the purpose of establishing status for registration.
(B) Per Capita Fees.
1. Per capita fees assessed for previous year’s sales are one
dollar ($1.00) for every animal sold, traded, bartered, brokered,
adopted out, or given away.
2. Per capita fees assessed for previous year’s services are
ten cents ($.10) for every board day.
(C) An initial application fee is one hundred dollars ($100).
The renewal application fee is based upon the calculations
stated previously in this section.
(D) Operation Bark Alert. Each licensee subject to sections
273.325 to 273.357, RSMo, shall pay an additional annual fee
of twenty-five dollars ($25) to be used by the Department of
Agriculture for the purpose of administering Operation Bark
Alert or any successor program.
(3) Annual Report by Licensee.
(A) Each year, the licensee shall renew their license on forms
furnished by the state veterinarian.
(B) Each year, the licensee shall submit the total number of
animals sold, traded, bartered, brokered, adopted out, given
away, or boarded during the previous year, January through
December, and any other information required on the form.
(4) Acknowledgment of Rules and Standards. The director will
supply a copy of the ACFA and the rules and standards upon
request of any prospective applicant or licensee.
(5) Notification of Change in Business Licensed. Any change
in the name, address, management, substantial control and
ownership of the business or operation, or of additional sites,
shall be provided to the state veterinarian within ten (10) days
of the change.
(6) Activity by Persons/Facilities Whose Licenses Have Been
Suspended or Revoked.
(A) Any person who has been an officer, agent, direct
family member, or employee of a licensee whose license has
been suspended or revoked and who was responsible for, or
participated in, the violation upon which the license was
suspended or revoked will not be licensed within the same
period during which the suspension or revocation is in effect.
(B) Any facility involved in an order of suspension or
revocation shall—
1. Not be used for licensed activity; and
2. Not be licensed under his/her name, or in any other
manner within the period during which the suspension or
revocation is in effect.
3. Not buy, sell, trade, barter, broker, transport, board,
exhibit, or deliver for transportation any animal during the
period of license suspension or revocation.
(C) Any person whose license has been suspended or revoked
may apply in writing to the director for reinstatement of his/
her license.
(7) Denial of Initial License Application.
(A) A license will not be issued to any applicant who—
1. Is not in total compliance with the rules and the
standards set forth in 2 CSR 30-9, including the payment of
fees;
A. An initial applicant for license will be allowed a
maximum of three (3) inspections and a period of up to ninety
(90) days from the date of the first inspection in which to attain
total compliance with the rules and standards prior to denial
of license. Failure of these inspections would not subject an
initial applicant to the one hundred dollar ($100)-penalty fee
for failed inspections. However, initial license fee will not be
returned and subsequent applications must be accompanied
with another initial license fee; and
B. Persons denied a license under subparagraph (7)
(A)1.A. may reapply after six (6) months from the date of the
last failed inspection.
2. Has had a license revoked or is currently under
suspension;
3. Has been fined, sentenced to jail, or pled no contest
under state or local animal cruelty laws within one (1) year of
application, except that if no penalty is imposed as a result of
a no contest plea, the applicant may reapply immediately; or
4. Has made any false or fraudulent statements or provided
any false or fraudulent records to the department.
(B) Any applicant whose initial license has been denied may
request an administrative hearing in accordance with Chapter
536, RSMo, for the purpose of showing why the application
should not be denied. If the license denial is upheld, the
applicant may reapply for license one (1) year from the date
of the denial. No partnership, firm, corporation, or other legal
entity in which a person whose license application has been
denied has a substantial interest, financial or otherwise, will be
licensed within one (1) year of denial.
(8) Attending Veterinarian and Adequate Veterinary Care.
(A) Each licensee shall have an attending veterinarian who
shall provide adequate veterinary care to animals covered
under the rules in 2 CSR 30-9.020 through 2 CSR 30-9.030;
1. Each licensee shall employ an attending veterinarian
under formal arrangements. In the case of a part-time
attending veterinarian or consultant arrangements, the formal
arrangements shall include a written program of veterinary
care and regularly scheduled visits to the premises of the
licensee. Boarding kennels in large metropolitan areas, where
twenty-four (24) hour emergency veterinary clinics are in
operation, and rotation of veterinary practitioners is essential
for good will and referral services, may be exempted from the
requirement of a formal arrangement if approved by the state
veterinarian. This exemption must be requested in writing and
will be approved only on an individual basis.
2. Each licensee shall assure that the attending veterinarian
has appropriate authority to ensure the provision of adequate
veterinary care and to oversee the adequacy of other aspects of
animal care and use.
(B) Each licensee shall establish and maintain programs of
adequate veterinary care that include:
1. The availability of appropriate facilities, personnel,
equipment, and services to comply with the provisions in 2 CSR
30-9.020 through 2 CSR 30-9.030;
2. The use of appropriate methods to prevent, control,
diagnose, and treat diseases and injuries, and the availability
of emergency, weekend, and holiday care;
3. Individual health records shall be maintained on all
animals above the age of eight (8) weeks or that have been
weaned or that have been treated with a medical procedure,
whichever occurs first. Litter health records may be kept on
litters when littermates are treated with the same medication
or procedure. Health records (or a copy) may accompany all
animals upon the transfer of ownership;
4. Daily observation of all animals to assess their health
and well-being. Provided, however, that daily observation of
animals may be accomplished by someone other than the
attending veterinarian; and provided further, that problems
of animal health, behavior, and well-being is conveyed to the
attending veterinarian in a timely manner;
5. Adequate training and guidance to personnel involved
in the care and use of animals. The employer must be certain
his/her employees can perform at the level required by these
rules; and
6. Adequate pre-procedural and post-procedural care in
accordance with established veterinary medical and nursing
procedures.
(C) Each licensee subject to the provisions of section 273.345,
RSMo, shall establish and maintain programs of veterinary care
that include:
1. Examination as defined in 2 CSR 30-9.010(2)(Y) at least
once yearly by a licensed veterinarian, and upon detection of
any affliction, a comprehensive examination, diagnosis, and
appropriate treatment. Provided however, at the discretion
of the attending veterinarian, any subsequent treatment
may be carried out by somebody other than the attending
veterinarian. An individual health examination shall be
prescribed, conducted, and recorded on forms furnished by
the state veterinarian;
2. Consultation on sound breeding practices, including a
written and signed recommendation on reproductive health
for individual female covered dogs that accounts for species,
age, and health of the breeding dogs under care of the licensee.
An individual recommendation shall be recorded on forms
furnished by the state veterinarian;
3. Animal health and husbandry. Review of disease
prevention techniques, vaccination protocols, parasite
protocols, pest control, nutrition, euthanasia, and guidance on
preventative care. Approval of these practices must be certified
by the attending veterinarian and included with the written
program of veterinary care; and
4. Approval of an exercise plan developed in accordance
with regulations regarding exercise prescribed in these rules
and where such plan affords the dog maximum opportunity
for outdoor exercise as weather permits.
(D) Each licensee subject to the provisions of section 273.345,
RSMo, shall ensure that animals with serious illness or injury as
defined in 2 CSR 30-9.010(2)(UU) receive prompt treatment by a
licensed veterinarian.
(E) If the state veterinarian or his/her designee finds that
an animal or group of animals is suffering from a contagious,
communicable, or infectious disease or exposure to a disease,
a quarantine to the premises may be issued until the animals
meet the provisions for release as established by the state
veterinarian.
(F) Animals with obvious signs of disease or injury shall
not be sold or shipped (except on the advice of the attending
veterinarian and with the knowledge and consent of the
purchaser), abandoned, or disposed of in an inhumane manner.
(9) Identification of Animals.
(A) All licensees with a United States Department of
Agriculture (USDA) license shall identify their animals as
prescribed in the USDA regulations.
(B) All licensees without a USDA license shall identify all dogs
and cats held on the premises, purchased, boarded, sheltered,
or otherwise acquired, sold, released, given away, or otherwise
disposed of or removed from the premises for any reason to
or through any person, by one (1) or more of the appropriate
methods as follows:
1. By an official tag of the type described in this section
affixed to the animal’s neck by means of a collar made of a
material generally considered acceptable to pet owners. In
general, well fitting collars made of plastic or leather will be
acceptable. The use of certain types of chains presently used
by some dealers may also be acceptable if sharp edges cannot
be felt which may reasonably be expected to cause discomfort
to the animal. The use of materials such as wire, elastic, or any
other material which may seem to cause discomfort to the
animal shall not be used;
2. A distinctive and legible tattoo marking;
3. Puppies or kittens, less than sixteen (16) weeks of age,
may be identified by a plastic type collar acceptable to the
director which has the information legibly placed on the collar
pursuant to this section;
4. Animal shelters, contract kennels, pounds or dog pounds
may use distinctive cage cards. Cage cards, if used, must be
sequentially numbered, used in sequential order and placed
in an area which will prevent animals, water, or cleaning
solutions from contacting them or damaging the cards. If cage
cards cannot be protected, or if licensee fails to provide proper
protection, all animals in his/her facility must be identified by
a more permanent method as described in paragraph (9)(B)1.
Each cage card must fully and completely describe the animal
to which it is assigned including breed (or an estimate of
predominant breed and cross, and the like), size, date of birth
or approximate age, sex, color and markings, and any other
distinctive feature or marking;
5. Boarding kennels and commercial kennels may use
distinctive cage cards. Boarding kennels and commercial
kennels may use any abbreviated form of information on the
cage cards that meets the needs of their business if all of the
information listed in this paragraph is immediately available to
the animal caretaker and inspector. Cage cards, if used, must:
A. Be placed in an area which will prevent animals,
water, or cleaning solutions from contacting or damaging the
cards;
B. Provide a brief description of the animal including
name, breed, sex, color, and distinctive markings; and
C. Specify any medications with directions for
administering, any special needs or instructions, and
emergency instructions stating veterinarian of choice and
telephone number; and
6. Pet shops may use distinctive cage cards. Cage cards, if
used as the primary identification, must be—
A. Sequentially numbered and used in sequential order;
B. Placed in an area which will prevent animals, water,
or cleaning solutions from contacting them or damaging the
cards; and
C. Provided with enough information to assure proper
identification of all animals in the enclosure and may include
information such as a brief description of the animal including
breed, sex, date of birth or approximate age, color, and
distinctive markings.
(C) All animals shall be officially identified at the time of
acquisition, or in the case of puppies or kittens, when weaned
or separated from their mother or foster mother. When any
licensee has made a reasonable effort to affix an official tag to a
cat, as set forth in this section, and has been unable to do so, or
when the cat exhibits serious distress from the attachment of
the collar and tag, the licensee shall attach the collar and tag to
the door of the primary enclosure containing the cat and take
measures to maintain the identity of the cat in relation to the
tag. Each primary enclosure shall contain no more than one (1)
weaned cat without an affixed collar and official tag, unless the
cats are identified by a distinctive and legible tattoo or plastictype collar approved by the director.
(D) If an animal is already identified by an official tag or
tattoo which has been applied by another licensed entity
under USDA or ACFA, the acquiring licensee may continue
identifying the animal by the previous identification number,
or may replace the previous tag with his/her own official tag
or tattoo, in which case, only the new identification number
shall be used for all subsequent sales or transactions. In either
case, the licensee shall correctly list all old and new numbers
or tattoos in his/her records.
(E) Tags must be sequentially numbered, used in sequential
order, and must be referenced to a record(s) which completely
and accurately identify the source of the animal and any
number used by that source to identify the animal, all medical
treatments or procedures, and disposition of the animal.
A record of the number used to identify the animal shall
accompany the animal at disposition.
(F) No licensee shall use the same identification tag or cage
card number for a period of at least five (5) years.
(G) Each official tag shall have the following information
embossed or stamped on one (1) side that is easily readable:
1. The information identifying the licensee or facility, for
example, AC123456; and
2. The information identifying the animal, for example,
0006.
(H) Licensees must obtain the official tags or cage cards at
their own expense.
(I) Each licensee shall be held accountable for all official tags
acquired. In the event an official tag is lost from an animal
while in the possession of the licensee, the licensee will make
every diligent effort to locate and reapply the tag to the proper
animal. If the lost tag is not located, the licensee shall affix
another official tag to the animal and record both the old and
new tag numbers on the official records. Only the new number
will be used on subsequent transactions.
(10) Records.
(A) Records for Commercial Breeders, Dealers, Exhibitors,
Intermediate Handlers, and Voluntary Licensees.
1. Each commercial breeder, dealer (other than operators
of auction sales and brokers to whom animals are consigned),
intermediate handlers, exhibitors, and voluntary licensees
shall make, keep, and maintain records or forms which fully
and correctly disclose the following information concerning
each dog or cat purchased or otherwise acquired, owned,
held, or otherwise in his/her possession or control which is
transported, euthanized, sold, or otherwise disposed of by that
licensee. These records shall include any offspring born of any
animal while in his/her possession or under his/her control:
A. The name and complete mailing address of the
person from whom a dog or cat was purchased or otherwise
received or acquired whether or not the person is required to
be licensed or registered under this Act;
B. The USDA and the ACFA license or registration
number of the person if s/he is licensed or registered under
the Acts. Both USDA and ACFA numbers are required if seller is
licensed or registered under both Acts;
C. The vehicle license number and the state, or the
driver’s license number and state if s/he is not licensed or
registered under either of the Acts;
D. The name and complete mailing address of the
person to whom a dog or cat was sold, given, or delivered, and
that person’s license or registration number(s) if s/he is licensed
or registered under the Acts;
E. The date a dog or cat was acquired or disposed of,
or both, and the method of disposition, including by death or
euthanasia;
F. The official USDA or ACFA tag number or tattoo
assigned to a dog or cat;
G. A description of each dog or cat which shall include:
(I) The species and breed or type;
(II) The sex;
(III) The date of birth or approximate age; and
(IV) The color and any distinctive markings;
H. The method of transportation including the name
of the initial carrier or intermediate handler or, if a privately
owned vehicle is used to transport a dog or cat, the name of
the owner of the privately owned vehicle;
I. Records of Dogs and Cats on hand (APHIS Form 7005 or
similar form may be used) and Records of Disposition of Dogs
or Cats (APHIS Form 7006 or similar form may be used) shall be
maintained by commercial breeders, dealers, exhibitors, and
voluntary licensees;
J. State approved forms may be used by dealers and
exhibitors to make, keep, and maintain the information
required by subsection (11)(A) of this rule; and
K. One (1) copy of the record containing the information
required by this section shall accompany each shipment of any
dog or cat purchased or otherwise acquired by a commercial
breeder, dealer, or exhibitor. One (1) copy of the record
containing the information required by this section shall
accompany each shipment of any dog or cat sold or otherwise
disposed of by a commercial breeder, dealer, or exhibitor. One
(1) copy of the record shall be retained by the commercial
breeder, dealer, or exhibitor.
2. Individual medical records shall be maintained on all
animals bought, raised, or otherwise obtained, held, kept,
maintained, sold, donated, or otherwise disposed of, including
by death or euthanasia, which shall specify all treatments
and medications given and all procedures performed on the
animal, to include reasons for or the condition requiring the
treatment, medication, or procedure, and the results of the
treatment, medication, or procedure will be included in this
record. Litter health records may be kept on litters when all
littermates are treated with the same medication or procedure.
Medical records (or a copy) may accompany the animal when
sold.
3. All records shall be maintained for a period of one (1) year,
unless the director requests in writing that they be maintained
for a longer period, for the purpose of investigation.
(B) Records of Operators of Auction Sales and Brokers.
1. Every broker or operator of an auction sale shall make,
keep, and maintain records or forms which fully and correctly
disclose the following information concerning each animal
sold, whether or not a fee or commission is charged:
A. The name and complete mailing address of the
person who owned or consigned the animal(s) for sale;
B. The name and complete mailing address of the buyer
or consignee who received the animal;
C. The USDA and ACFA license or registration number
of the person(s) selling, consigning, buying, or receiving the
animals if s/he is licensed or registered under the Acts;
D. The vehicle license number and state or the driver’s
license number and state of the person, if s/he is not licensed
or registered under the Acts;
E. The date of the consignment;
F. The official USDA or ACFA tag number assigned to the
animal(s) under this rule;
G. A description of the animal(s) which shall include:
(I) The species and breed or type;
(II) The sex of the animal;
(III) The date of birth or approximate age; and
(IV) The color and any distinctive markings;
H. The auction sales number or records number assigned
to the animal; and
I. The name, mailing address, any USDA/ACFA license
number of all people registering at the auction to buy animals.
2. One (1) copy of the record shall be given to the consignor
of each animal, one (1) copy of the record shall be given to the
purchaser of each animal, and one (1) copy of the record shall
be retained by the broker or operator of the auction sale for
each animal sold.
3. All records shall be maintained for a period of one (1) year,
unless the director requests in writing that they be maintained
for a longer period, for the purpose of investigation.
(C) Records for Boarding Kennels and Commercial Kennels.
1. Every operator of a boarding kennel or commercial
kennel shall make, keep, and maintain records or forms
which fully and correctly disclose the following information
concerning each animal boarded, or otherwise kept or
maintained, sold, given, or otherwise disposed of:
A. Name, address, and phone number of pet owner;
B. Emergency contact number;
C. Animal’s name, age, sex, and breed;
D. Vaccination information, with official rabies;
E. Preexisting physical problems;
F. Medication information and instructions;
G. Veterinarian of choice;
H. Special feeding instructions, if needed;
I. Special boarding instructions, if needed;
J. Any additional services to be performed;
K. Date animal received; and
L. Date animal released.
2. Animal cage card must be attached to the primary
enclosure of every animal being boarded, kept, or maintained.
3. The record of daily health observations, medications,
and treatments given and exercise periods shall be maintained.
4. The name and complete mailing address of the person
to whom the animal was sold or given, and the USDA or ACFA
license numbers, or both, if that person was licensed under
the Acts.
5. A copy of the health certificate for each animal shipped
interstate.
6. All records shall be maintained for a period of sixty
(60) days except on those animals on which a complaint was
made by the owner or if some other problem occurred during
boarding, those records shall be kept for one (1) year, unless
the director requests in writing that they be maintained for a
longer period, for the purpose of investigation.
(D) Records for Animal Shelters, Contract Kennels, and
Pounds or Dog Pounds.
1. Every operator of an animal shelter, contract kennel,
pound, or dog pound shall make, keep, and maintain records
or forms which fully and correctly disclose the following
information concerning each animal boarded, housed,
retained, or otherwise kept or maintained, transported, sold,
given, adopted out, released, or otherwise disposed of:
A. The date of acquisition;
B. The name and complete mailing address of the
person from whom the animal was obtained;
C. The vehicle license number and state, or the driver’s
license number and state of the person delivering the animal;
D. A complete description of the animal including breed
or type, sex, size, approximate weight, approximate age, color,
and any distinctive markings;
E. Date of disposition and method;
F. The name and complete mailing address of the person
to whom the animal was sold, given, released to, or adopted by,
and the USDA or ACFA license numbers, or both, if the person
was licensed under the Acts;
G. Spay or neuter contract; and
H. Veterinary certification of spay or neuter.
2. Animal cage card must be attached to the primary
enclosure of every animal being held, retained, kept, or
maintained.
3. The record of daily health observations, medications and
treatments given, and exercise periods shall be maintained.
4. All records shall be maintained for a period of one (1) year,
unless the director requests in writing that they be maintained
for a longer period, for the purpose of investigation.
(E) Records for Pet Shops.
1. Every operator of a pet shop shall make, keep, and
maintain records or forms which fully and correctly disclose
the following concerning each animal purchased or otherwise
acquired, kept or maintained, transported, sold, given, released,
or otherwise disposed of—
A. The name and complete mailing address of the
person from whom the animal was obtained;
B. The USDA or ACFA license number, or both, of the
seller if s/he was licensed under the Acts;
C. The vehicle license number and state, or the driver’s
license number and state of the person delivering the animal
if the seller is not licensed under the Acts;
D. A complete description of the animal, including
breed or type, sex, size, approximate weight, or a combination
of these, date of birth or approximate age, color, and any
distinctive markings, including any official tag number or
tattoo markings;
E. Date of acquisition;
F. Date of disposition and method; and
G. The name and complete mailing address and
telephone number of the person to whom the animal was sold,
given, released to, or otherwise disposed of.
2. Animal cage card, if used, must be attached to the
primary enclosure of every animal being held, retained, kept,
or maintained.
3. The record of daily health observations, medications,
and treatments given shall be maintained.
4. Shot records and a copy of treatment, medications,
and medical procedures performed on the animal, while in
the possession of the licensee, may be furnished to the retail
pet purchaser. Medical records, to the extent possible may
accompany the animal when sold.
5. All records shall be maintained for a period of one (1) year,
unless the director requests in writing that they be maintained
for a longer period, for the purpose of investigation.
(F) Records for Carriers and Intermediate Handlers. In
connection with all live dogs or cats delivered for transportation,
in commerce to any carrier or intermediate handler, by
any commercial breeder, dealer, research facility, exhibitor,
operator of an auction sale, broker, pet shop, or any other
person licensed under the ACFA, or department, agency, or
instrumentality of the United States or of any state or local
government, the accepting carrier or intermediate handler
shall keep and maintain a copy of the health certificate
completed in accordance with state and federal regulations,
tendered with each live dog or cat.
(G) Health Certification and Identification.
1. No commercial breeder, dealer, exhibitor, operator of
an auction sale, broker, pet shop, research facility, voluntary
licensee, or any department, agency, or instrumentality of the
United States or of any state or local government shall deliver
to any intermediate handler or carrier for transportation in
interstate commerce or shall transport in interstate commerce
any dog or cat unless the dog or cat is accompanied by a health
certificate executed and issued by a licensed veterinarian. The
health certificate shall state that—
A. The licensed veterinarian inspected the dog or cat
on a specified date which shall not be more than ten (10) days
prior to the delivery of the dog or cat for transportation; and
B. When so inspected, the dog or cat appeared to the
licensed veterinarian to be free of any infectious disease or
physical abnormality which would endanger the animal(s) or
endanger public health.
2. No intermediate handler or carrier to whom any live
dog or cat is delivered for transportation by any commercial
breeder, dealer, exhibitor, broker, pet shop, research facility,
operator of an auction sale, or any department, agency, or
instrumentality of the United States or any state or local
government shall receive a live dog or cat for transportation in
interstate commerce, unless and until it is accompanied by a
health certificate issued by a licensed veterinarian.
3. State approved forms may be used for health certification
by a licensed veterinarian as required by this section.
4. Intrastate shipments, which at no time leave the state,
may utilize an owner/shipper statement in lieu of a health
certificate. The owner/shipper statement must specify the
date of shipment, name, address, phone number, and ACFA/
USDA license numbers of consignor and consignee of the
shipment, specify species and list each animal in the shipment
by its individual ACFA/USDA number, breed, age, sex, color, and
distinctive markings, vaccination history, and certify—“To the
best of my knowledge, all animals in this shipment are healthy
and have not been exposed to an infectious or contagious
disease.” The statement must contain the signature, printed
name, address, and phone number of the certifying individual.
(H) Disposition of Records.
1. No licensee, for a period of one (1) year, shall destroy or
dispose of, without the consent in writing of the director, any
books, records, documents, or other papers required to be kept
and maintained under the ACFA and this rule.
2. Unless otherwise specified, the records required to be
kept and maintained under this rule shall be held for one (1)
year after an animal is euthanized or disposed of and for any
period in excess of one (1) year as necessary to comply with any
applicable federal, state, or local laws. Whenever the director
notifies the licensee in writing that specified records shall be
retained pending completion of an investigation or proceeding
under the ACFA, the licensee shall hold those records until
their disposition is authorized by the director.
3. Any person subject to the provisions of section 273.345,
RSMo, shall maintain all veterinary records and sales records
for the most recent previous two (2) years. These records shall
be made available to the state veterinarian, a state or local
animal welfare official, or a law enforcement agent upon
request.
(11) Compliance With Standards and Holding Periods. Each
licensee shall comply in all respects with the standards set
forth in 2 CSR 30-9.020 through 2 CSR 30-9.030 for the humane
handling, care, treatment, housing, and transportation of
animals.
(12) Holding Period.
(A) Any live dog or cat, other than owner-relinquished or feral
animals which are not known to have bitten anyone within
the preceding ten (10) days, acquired by an animal shelter or
contract kennel shall be held for a period of not less than five
(5) business days before offering for adoption or euthanasia.
(B) Any live dog or cat acquired by a commercial breeder,
dealer, exhibitor, or pet shop shall be held under his/her
supervision and control, for a period of not less than five (5) full
days, not including the day of acquisition, after acquiring the
animal, excluding time in transit.
(C) Any dog or cat presented for euthanasia by its owner or
any animal suffering from disease, emaciation, or injury may
be destroyed by euthanasia prior to the completion of the
holding period required by this section.
(D) Any dog or cat, one hundred twenty (120) days of age or
less, that was obtained from the person that bred and raised
the animal, may be exempted from the five- (5-) day holding
requirement and may be sold or otherwise disposed of by a
licensee after a minimum holding period of twenty-four (24)
hours, excluding time in transit. Each subsequent licensee
must also hold that animal for a minimum of twenty-four (24)
hours excluding time in transit. Intermediate handlers who
obtain an animal one hundred twenty (120) days of age or less,
only in conjunction with its transportation in commerce will
be exempt from the twenty-four- (24-) hour holding period.
(E) During the period in which any animal is being held as
required by this section, the animal shall be unloaded from
any means of conveyance in which it was received, for food,
water, and rest, and shall be handled, cared for, and treated in
accordance with 2 CSR 30-9.020 through 2 CSR 30-9.030.
(13) Miscellaneous.
(A) Information as to business shall be furnished by all
licensees. Each licensee shall furnish to any department official
any information concerning the business of the licensee which
the department official may request in connection with the
enforcement of the provisions of the ACFA and 2 CSR 30-9.020
through 2 CSR 30-9.030.
(B) Access and Inspection of Records and Property. Each
licensee, during business hours, shall allow department
officials to—
1. Enter its place of business;
2. Examine records required to be kept in accordance with
the ACFA and this rule;
3. Make copies of the records;
4. Inspect and photograph the facilities, property, and
animals as the department officials consider necessary to
enforce the provisions of the ACFA and the standards in 2 CSR
30-9.020 through 2 CSR 30-9.030; and
5. Document, by the taking of photographs and other
means, conditions and areas of noncompliance.
(C) Inspection for Missing Animals. Each licensee shall allow,
upon request and during business hours, police or officers of
other law enforcement agencies with general law enforcement
authority (not those agencies whose duties are limited to
enforcement of local animal rules) to enter his/her place
of business to inspect animals and records for the purpose
of seeking animals that are missing, under the following
conditions:
1. The police or other law officer shall furnish to the
licensee a written description of the missing animal and the
name and address of its owner before making a search; and
2. The police or other law officer shall abide by all security
measures required by the licensee to prevent the spread of
disease, including the use of sterile clothing, footwear, and
masks where required, or to prevent the escape of an animal.
(D) Confiscation and Destruction of Animals.
1. If an animal being held by a licensee or transported by
a carrier is found by a department official to be suffering as a
result of the failure of the licensee or carrier to comply with
any provisions of the ACFA or the standards set forth in 2 CSR
30-9.020 through 2 CSR 30-9.030, the department official shall
make a reasonable effort to notify the licensee of the condition
of the animal(s) and request that the condition be corrected
and that adequate care be given to alleviate the animal’s
suffering or distress, or that the animal(s) be destroyed by
euthanasia. In the event that the licensee refuses to comply
with this request, the department official may confiscate the
animal(s) for care, treatment, or disposal as indicated in this
section, if, in the opinion of the director, the circumstances
indicate the animal’s health is in danger.
2. In the event that the department official is unable to
locate or notify the licensee as required in this section, the
department official shall contact a local police or other law
officer to accompany him/her to the premises and shall provide
for adequate care when necessary to alleviate the animal’s
suffering. If in the opinion of the director, the condition of
the animal(s) cannot be corrected by this temporary care, the
department official shall confiscate the animal(s).
3. Confiscated animals may be placed, by sale or donation,
with other licensees or registrants who are in compliance
with the ACFA and the standards in 2 CSR 30-9.020 through
2 CSR 30-9.030 and can provide proper care, or they may
be euthanized. The licensee from whom the animals were
confiscated shall bear all costs incurred in performing the
placement or euthanasia activities authorized by this rule.
(E) Minimum Age Requirements. No dog or cat shall be
delivered by any person to any carrier or intermediate handler
for transportation, in commerce, or shall be transported in
commerce by any person, except to a registered research
facility, unless that dog or cat is at least eight (8) weeks of age
and has been weaned.
(F) Handling of Animals.
1. All handling and public exhibition of animals shall be in
accordance with Code of Federal Regulations, Title 9, Chapter 1,
Subchapter A, Part 2, Subpart I, Section 2.131.
2. All euthanasia of animals shall be accomplished by a
method approved by the AVMA Guidelines for the Euthanasia of
Animals: 2013 Edition, as incorporated by reference in this rule,
as published by the American Veterinary Medical Association,
1931 N Meacham Road, Schaumburg, IL 60173, phone number:
1-800-248-2862, website: www.avma.org. This rule does not
incorporate any later amendments or additions.
(14) Procurement of Dogs and Cats by Licensees.
(A) A dealer may obtain dogs and cats from within this state
only from other licensees who are licensed under the ACFA in
accordance with this rule or exempt sources.
(B) No person shall obtain live dogs or cats by use of false
pretenses, misrepresentation, or deception.
(15) Exotic Animals. Exotic animals as defined in rules
promulgated under the ACFA shall be permitted, as may be
required by, and maintained under the rules and standards of
the Missouri Department of Conservation and the regulations
and standards of the USDA.
AUTHORITY: sections 273.344 and 273.346, RSMo 2016.* Original
rule filed Jan. 13, 1994, effective Aug. 28, 1994. Amended: Filed Oct.
24, 1994, effective May 28, 1995. Amended: Filed Nov. 30, 1995,
effective July 30, 1996. Amended: Filed May 15, 2003, effective
Dec. 30, 2003. Emergency amendment filed Dec. 7, 2010, effective
Dec. 17, 2010, expired June 14, 2011. Amended: Filed Dec. 7, 2010,
effective July 30, 2011. Emergency amendment filed July 11, 2011,
effective 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. Amended: Filed Nov. 25, 2019, effective
July 30, 2020.
*Original authority: 273.344, RSMo 1992 and 273.346, RSMo 1992.