250-RICR-40-05-4
250-RICR-40-05-4. Rules and Regulations Governing Animal Care Facilities (version Adoption, 10/08/2015 to 06/20/2016)
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
DIVISION OF AGRICULTURE
RULES AND REGULATIONS GOVERNING ANIMAL CARE
FACILITIES
Effective Date:
ERLID#: 8125
AUTHORITY: These rules and regulations are promulgated pursuant to Chapter 42-17.1, Environmental
Management, and Section 4-19-13 in accordance with Chapter 42-35, Administrative Procedures, of the
Rhode Island General Laws of 1956, as amended.
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RULE 1: PURPOSE
These rules and regulations are established to provide minimum standards to govern all licensed or
registered animal care facilities. They will serve as standards for the construction and maintenance of
such facilities, the care of animals in those facilities, as well as the criteria for inspectors to use when
conducting inspections for licensure or in response to a complaint concerning their operation. They
must be considered minimum standards that must be maintained.
RULE 2: AUTHORITY
These rules and regulations are promulgated pursuant to Chapter 42-17.1, Environmental
Management, and Section 4-19-13 in accordance with Chapter 42-35, Administrative Procedures, of
the Rhode Island General Laws of 1956, as amended.
RULE 3: ADMINISRATIVE FINDINGS
The Rhode Island Department of Environmental Management is charged with ensuring the welfare of
animals that are kept in kennels, pet shops, pounds, animal shelters, and in the custody of brokers and
rescues. The standards for animal care are constantly improving and evolving. The residents of the
state are generally concerned for the welfare of the animals that are kept by these entities and in fact,
the Department often receives complaints from concerned individuals that animals are not being
properly cared for. These rules and regulations will provide minimum standards for the care of
animals to ensure the welfare of those animals.
RULE 4: APPLICATION
The terms and provisions of these rules and regulations shall be liberally construed to permit the
Department to effectuate the purpose of state law, goals, and policies. These Regulations shall apply
to any person or entity that is licensed or registered as a kennel, pet shop, pound, animal shelter,
broker, or rescue.
RULE 5: DEFINITIONS
The following words when used in the rules shall have the following meaning:
5.1. Animal or Animals means any dog or cat, rabbit, rodent, nonhuman primate, bird or other warm-
blooded vertebrate, amphibian, fish or reptile but shall not include horses, cattle, sheep, goats,
swine, and domestic fowl.
5.2. Animal Control Officer means any person employed by a city or town as a canine control officer,
dog warden, or police officer responsible for animal control delegated authority by the Rhode
Island Rabies Control Board.
5.3. Animal Shelter means a facility which is used to house or contain animals and which is owned,
operated, or maintained by a duly incorporated humane society, animal welfare society, society
for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare,
protection, and humane treatment of animals.
5.4. Authorized Agent means an employee of the Rhode Island Department of Environmental
Management who is engaged in the execution of their official duties.
5.5. Broker means any third party who arranges, delivers, or otherwise facilitates transfer of
ownership of animal(s), through adoption or fostering, from one party to another, whether or not
the party receives a fee for providing that service and whether or not the party takes physical
possession of the animal(s) at any point.
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5.6. Department means the Rhode Island Department of Environmental Management.
5.7. Enclosure means the most proximal barrier to an animal that will have the intended purpose or
effect of containment of that animal or that will effectively restrict the liberty of the animal.
5.8. Environmental Police Officer means a sworn officer of the Rhode Island Department of
Environmental Management, Division of Law Enforcement.
5.9. Guardian means a person(s) having the same rights and responsibilities as an owner or keeper,
and the terms may be used interchangeably. A guardian shall also mean a person who possesses,
has title to or an interest in, harbors or has control, custody or possession of an animal and who is
responsible for an animal's safety and well-being.
5.10. Kennel means a place or establishment other than a pound, animal shelter, or veterinary hospital
that is housing animals during their treatment, where animals not owned by the proprietor are
sheltered, fed, and watered in return for a fee.
5.11. Owner or Keeper means any person or agency keeping, harboring or having charge or control
of or responsibility for control of an animal or any person or agency which permits any dog, cat,
ferret, or domestic animal to habitually be fed within that person's yard or premises. This term
shall not apply to veterinary facilities, any licensed boarding kennel, municipal pound, pet shop,
or animal shelter.
5.12. Pet Shop means a temporary or permanent establishment where animals are bought, sold,
exchanged, or offered for sale or exchange to the general public at retail. This shall not include an
establishment or person whose total sales are the offspring of canine or feline females maintained
on their premises and sold from those premises.
5.13. Pound means a facility operated by a state, or any political subdivision of a state, for the
purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats,
and other animals or a facility operated for that purpose under a contract with any municipal
corporation or incorporated society for the prevention of cruelty to animals.
5.14. Records means information that is kept in a paper or electronic format that is consistent with
the information that is required to be kept for animals. The information must be kept in a format
and that is readily able to be inspected by anyone authorized to conduct an inspection. All
information must be kept in or translated to English prior to being presented to inspectors.
5.15. Rescue means an entity, with or without a physical brick and mortar facility which is owned,
operated, or maintained by a duly incorporated humane society, animal welfare society, society
for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare,
protection, and humane treatment of animals intended for adoption.
5.16. RISPCA means the Rhode Island Society for the Prevention of Cruelty to Animals.
5.17. Seized means the lawful removal of an owned animal from the premises where the animal
resided or from the care of an owner or guardian.
5.18. Seller means the owner of a pet shop and the owner’s agents, employees, subordinates,
volunteers, and workers.
5.19. Stray means an animal that is: (1) On the premises of a person other than an owner of the
animal, without the consent of an occupant or owner of such premises, or (2) on a public street or
highway, on public or private school grounds, or in any other public place, except when under the
physical control of an owner.
5.20. Surrendered means an animal that has had ownership transferred to a pound, shelter, or rescue
by the animal’s owner or guardian, and the owner or guardian has relinquished all ownership
rights to the entity that received the animal.
5.21. USDA means the United States Department of Agriculture.
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RULE 6: RECORD KEEPING
6. All of the entities listed below must keep records as described in the specific subsections below. The
records must be physically maintained on the premises where the animals are kept (or if the location
where the animals are kept is not at the address of the licensed entity, a copy of the records must be
kept on the premises where the animals are kept and at the address of the licensed entity), or be able to
be accessed from that location during an inspection, or must be able to be accessed by inspectors via
an internet reporting system. The records must be produced immediately upon the request of
authorized inspectors or agents from the Department; or from the RISPCA pursuant to R.I. General
Laws §§ 4-19-15 and 4-25-4; or from the Animal Control Officer with jurisdiction over the
municipality where the pet store is located pursuant to R.I. General Laws § 4-25-4.
6.1. Record Keeping by Pet Shops: pet shops must keep the following records:
a.
The date of the animal's birth, if known; the breeders name and address, if known; and the
date the seller received the animal, if not bred by the seller. If the seller does not know the
name and address of the breeder, then the seller must provide the name and address of the
person who sold or gave the animal to the seller. For dogs and cats this information must be
clearly displayed on the enclosure where the animal is being kept.
b.
The breed, sex and color of the animal, and identifying marks, if any, existing at the time of
sale. If the animal is from a United States Department of Agriculture licensed source, the
statement shall contain the individual identifying tag, tattoo or collar number for that animal.
If the breed is unknown or mixed, the statement must so indicate.
c.
If the animal is being sold as registerable, the names and registration numbers of the sire and
dam and the litter number.
d.
A record of any inoculations and worming treatments administered to the animal as of the
time of sale including dates of administration and the type of vaccine or worming treatment.
e.
A record of any diagnosis, treatment or medication received by the animal from a licensed
veterinarian while in the possession of the seller or any prior veterinary history of the animal
of which the seller may be aware.
6.2. Record Keeping by Pounds, Shelters, Rescues, and Brokers: the provisions of R.I. General Laws
§ 4-19-12 and the provisions of Rule 8 of Rules and Regulations Governing the Importation of
Animals, all Pounds, Animal Shelters, Rescues, and Brokers must keep the following records:
a.
For animals that are seized or surrendered, reason for seizure (if seized) or surrender (if
surrendered), location of seizure (if seized) or impoundment (if stray), the owner's name and
address if known and all license or other identification numbers if any.
b.
Animal ID shall include the animal’s microchip number (if available), and the animal’s
description, to include: name (if named), animal species, approximate age, gender,
predominate color, and predominate breed.
c.
The source of the animal and the contact information of the source, where known, including
the name, physical address, mailing address, and phone number.
d.
When disposed of by adoption, the record shall include the adopter’s name, mailing address,
physical address, and phone number.
e.
When disposed of by any means other than those listed above, the record shall include the
details of disposition.
RULE 7: GENERAL STANDARDS
7. General Standards applicable for species that are not addressed in Rule 8 below.
7.1. The temperature within the animal’s living quarters must be maintained so as to ensure that
individual animals will remain thermo neutral and comfortable.
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7.2. The ventilation within the animal’s living quarters must be maintained so as to ensure that odors,
ammonia, and moisture are kept within levels that will be comfortable and not harmful to the
animals living in and people working in the facility. Adequacy of ventilation may be determined
subjectively by inspectors or objectively by calculation or other qualitative air quality
measurement as appropriate.
7.3. The drainage within the animal’s living quarters must be maintained so as to ensure that there is
no standing water or pooling of urine within any animal enclosure.
7.4. The sanitation within the animal’s living quarters must be maintained so as to ensure a clean and
healthy environment for animals and for personnel. Surfaces must be constructed and maintained
in a manner that allows for sufficient cleaning and sanitation as to prevent disease. All animal
contact surfaces must be non-porous or be easily disposed of if contaminated or soiled.
7.5. The lighting within the animal’s living quarters must be maintained so as to ensure a safe working
environment for personnel and allow for adequate inspection of all animals. Lighting must also
include attention to species requirements for normal photoperiod and spectrum requirements.
7.6. The minimum space requirements within the animal’s living quarters must be maintained so as to
provide minimum areas for animals to be able to make normal postural adjustments, comfort, and
exhibit normal behavior.
7.7. The construction and maintenance of facility of the animal’s living quarters must account the
animals’ safety as well as the safety of personnel, including assurances that the facility is escape
proof.
7.8. All animals’ living quarters must be maintained such that the animals are maintained free of
infectious/contagious diseases, injury, or other conditions detrimental to their health and well-
being. A veterinarian must be consulted for any animal with signs that are potentially afflicted
with an infectious/contagious disease, or is injured, or is afflicted with another condition that is
detrimental to its health and well-being. Such consultation must occur within a timeframe where
the afflicted animal’s condition will not worsen and/or the animal will not unduly suffer. Proof of
all vaccinations as required by RI General Laws must be maintained on premises for review.
RULE 8: SPECIES SPECIFIC STANDARDS
8. Species Specific Standards:
8.1. Dogs
a.
The temperature within the animal’s living quarters shall be maintained between 55-85
degrees Fahrenheit to be measured at the height at which that the animals live. Temperature
standards are applicable for dogs whether they are housed indoors or outdoors.
1.
If the temperature falls below 55 degrees F for more than 2 consecutive hours,
supplemental heat shall be provided.
2. If the temperature rises above 85 degrees F for more than 2 consecutive hours,
supplemental cooling shall be provided.
b.
The ventilation within the animal’s living quarters must be maintained so as to ensure that
noxious, contaminated, or harmful odors or fumes are not present in the area where animals
are housed. Ventilation shall be draft free and may consist of passive or active systems.
c.
Sanitation
1. Urine and feces must be removed at least once daily or more frequently in order to
maintain animals in a clean and sanitary manner. A written history log documenting the
time and date at which such duties were accomplished initialed by the staff person who
accomplished the task shall be posted within the animal’s quarters. This log is to be
maintained and subject to inspection for a period of six (6) months.
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2. Disinfectants must be used in a manner consistent with label directions and all
disinfectants must be approved for use in animal housing.
3. All soiled bedding or other materials/objects that are contaminated with urine or feces must
be cleaned or replaced daily. A written history log documenting the time, and date at which
such duties were accomplished initialed by the staff person who accomplished the task
shall be posted in the animal’s quarters. This log is to be maintained and subject to
inspection for a period of six (6) months.
4. All feeding and watering dishes/bowls/receptacles must be maintained in a clean and
sanitary manner. Any such dish/bowl/receptacle that is permanently stained must be
replaced.
d.
Lighting must be sufficient to allow inspection of all dogs to assess health, sanitation, food,
and water.
e.
Minimum Space Requirements for Primary Enclosures:
1. A separate primary enclosure must be available for every dog.
2. Sufficient space shall be provided to allow animals to turn around freely, exercise normal
movements, stand, sit, and lie in a comfortable natural position
3. The minimum height of the primary enclosure should be equal to 1.5 times the height of
the dog at the shoulder plus six (6) inches or a minimum of eighteen (18) inches.
4. Table below to determine minimal height and area of primary enclosure. Floor space is
measured in units of square feet and height measured in inches.
SIZE OF DOG
FLOOR SPACE
HEIGHT
Extra Small (< 10 inches @ shoulder)
4.5
18
Small (10-16 inches @ shoulder)
6.0
18-22
Medium (17-22 inches @ shoulder)
9.0
23-28
Large (23-26 inches @ shoulder)
12.0
29-32
Extra Large (27-30 inches @ shoulder)
16.0
33-36
Giant (>30 inches @ shoulder)
18.0
use formula
f.
Multiple Dogs Occupying the Same Enclosure:
1.
If more than one dog occupies a primary enclosure, floor space will be calculated for
the largest dog, with each additional dog needing one half of the minimum space
required.
2.
Dogs occupying the same enclosure shall be behaviorally compatible.
3.
Females in estrus (heat) shall be housed apart from males (unless breeding is
intended).
4.
Pregnant dogs in whelp or by estimate close to whelping shall be housed in a separate
enclosure.
5.
Dogs under four (4) months of age shall be housed in a primary enclosure apart from
adult dogs other then their mother.
6.
Whelping areas shall allow the mother to lie stretched out on her side thus permitting
all of the puppies to nurse. A whelping box shall be provided for all pregnant bitches
and bitches with puppies. The primary enclosure for bitches with litters shall be large
enough to permit the bitch to leave the whelping nest for exercise.
7.
Under no circumstances are dogs owned by different owners allowed to be housed
together in the same primary enclosure without the expressed written permission of
the owners or legal guardians of all dogs to be housed together.
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g.
Exercise: If multiple dogs are exercised simultaneously in the same area the following
conditions must be met:
1.
All dogs must be exercised in behaviorally compatible groups.
2.
All dogs must be observed for the entire time that they are being exercised. An adult
person who is sufficiently capable of maintaining order and avoiding any conflict
between individual dogs must observe dogs that are being exercised together.
3.
Each dog must have a minimum area of twenty-four (24) square feet.
h.
Safety
1.
All enclosures must be escape proof.
2.
Dogs must not be allowed to have contact with hazardous materials, objects, fixtures,
chemicals, or substances.
3.
All enclosures must be constructed and maintained so as to prevent entry of other
animals or vermin.
4.
Wire mesh floors are permissible provided that the gauge of the wire is sufficient so
as to not cause discomfort for the animal, provided that the spacing of the mesh is not
so large that the dog’s foot can pass through, and provided that the construction is
sturdy enough so that the mesh floor does not sag.
i.
Transportation: All standards set forth above that are required to be met for temperature,
safety, ventilation, sanitation, and health of dogs while in their living quarters shall apply
for dogs while being transported within the state.
j.
Prohibited Actions:
1.
Contact, by the public or any other animal, with an animal, or the saliva of an animal
that is being held for rabies quarantine.
2.
Holding an animal for rabies quarantine in a facility that has not received prior
approval by the state veterinarian or his/her agent to conduct such rabies quarantine.
3.
Possession of a dog for more than seven consecutive days that is eligible to be rabies
vaccinated but is not currently vaccinated against rabies unless lawfully exempted.
(R.I. General Laws Chapter 4-13).
4.
Possession of any dog that has been imported into the state in violation of state
importation regulations.
k.
Exemptions
1.
Minimum space requirements will not apply to dogs in transport within the borders
of the state provided that the dog can stand up, sit down, lie down, and make natural
postural adjustments within the confines of the enclosure being used for transport.
Duration of transport not to exceed 3 consecutive hours.
2.
Exemptions from the minimum requirements may be granted for the temporary
emergency housing of dogs as authorized by the state veterinarian.
3.
Exemptions from the minimum space and exercise requirements may be granted on a
case-by-case basis for veterinary medical treatment or as is authorized in writing by a
veterinarian licensed to practice within the state of Rhode Island.
8.2
Cats
a.
The temperature within the animal’s living quarters shall be maintained between 55-85
degrees Fahrenheit to be measured at the height that the animals live at. Temperature
standards are applicable for cats whether they are housed indoors or outdoors.
1.
If the temperature falls below 55 degrees F for more than 2 consecutive hours,
supplemental heat shall be provided.
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2.
If the temperature rises above 85 degrees F for more than 2 consecutive hours,
supplemental cooling shall be provided.
b.
The ventilation within the animal’s living quarters must be maintained so as to ensure that
noxious, contaminated, or harmful odors or fumes are not present in the area where
animals are housed. Ventilation shall be draft free and may consist of passive or active
systems.
c.
Sanitation:
1.
Urine and feces must be removed at least once daily or more frequently in order to
maintain animals in a clean and sanitary manner. A written history log documenting
the time and date at which such duties were accomplished initialed by the staff
person who accomplished the task shall be posted in the animal’s quarters. This log
is to be maintained and subject to inspection for a period of six (6) months.
2.
Disinfectants must be used in a manner consistent with label directions and all
disinfectants must be approved for use in animal housing.
3.
All soiled bedding or other materials/objects that are contaminated with urine or
feces must be cleaned or replaced daily. A written history log documenting the time
and date at which such duties were accomplished initialed by the staff person who
accomplished the task shall be posted in the animal’s quarters. This log is to be
maintained and subject to inspection for a period of six (6) months.
4.
All feeding and watering dishes/bowls/receptacles must be maintained in a clean and
sanitary manner. Any such dish/bowl/receptacle that is permanently stained must be
replaced.
5.
All cats and kittens must have access to a litter box or pan. The litter box or pan
must contain a suitable litter and be maintained as stated above in 8.2.c.1.
6.
Litter boxes or pans must be a minimum of twelve inches by eighteen inches in
dimension.
7.
A minimum of one litter box or pan must be provided for every three cats if the cats
are housed in a manner where multiple cats use the same enclosure.
d.
Lighting must be sufficient to allow inspection of all cats to assess health, sanitation,
food, and water.
e.
Minimum Space Requirements for primary enclosures: NOTE: the minimum space
requirements are in addition to any area occupied by a litter box or pan.
1.
Individual cats use following table.
WEIGHT OF CAT
MINIMUM AREA OF CAGE
less than 8.8 pounds
3 square feet
8.8 pounds or over
4 square feet
2.
Multiple cats may share a primary enclosure if they are compatible and the area of
the enclosure is increased by one-half of the minimum area referenced in Rule
8.2.e.1
3.
Pregnant queens and queens with litters are not to be housed in the same primary
enclosure with other cats.
4.
Queens with litters (litters of any size) are required to have a minimum area of ten
square feet until the kittens reach an age of ten weeks.
5.
The minimum height for enclosures for all cats is twenty-four inches.
6.
Multiple cats may be kept in colony/common housing provided that:
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i.
All cats have an individual primary enclosure available on the premises.
ii.
The minimum colony enclosure shall be thirty-six square feet of floor space
and a minimum of six feet in height.
iii.
Cats must be of compatible behavior and sex (intact sexually mature males
and intact sexually mature females should not be allowed in colony
housing), and temperament. Kittens (less than six months of age) are not
permitted to be housed in a colony with adult cats.
iv.
The number of cats allowed into the colony is not to exceed one cat per ten
square feet of floor space for adult cats; one cat per seven and one-half
square feet of floor space for kittens (less than six months of age).
f.
Safety:
1.
Mesh floors are not acceptable for housing of cats.
2.
All enclosures must be escape proof.
3.
Cats must not be allowed to have contact with hazardous materials, objects,
chemicals, fixtures, or substances.
4.
All enclosures must prevent the entry of other animals or vermin.
g.
Transportation: All standards set forth above that are required to be met for temperature,
safety, ventilation, sanitation, and health of cats while in their living quarters shall apply
for cats while being transported within the state.
h.
Prohibited Actions
1.
Contact, by the public or any other animal, with an animal, or the saliva of an animal
that is being held for rabies quarantine.
2.
Holding an animal for rabies quarantine in a facility that has not received prior
approval by the state veterinarian or his/her agent to conduct such rabies quarantine.
3.
Possession of a sexually intact cat unless possession is consistent with the provisions
of R.I. General Laws Chapter 4-24.
4.
Possession of a cat for more than seven consecutive days that is eligible to be
vaccinated against rabies but is not currently vaccinated. (R.I. General Laws Chapter
4-13).
5.
Possession of any cat that has been imported into the state in violation of state
importation regulations.
i.
Exemptions
1.
Minimum space requirements will not apply to cats in transport within the borders of
the state provided that the cat can stand up, sit down, lie down, and make natural
postural adjustments within the confines of the enclosure being used for transport.
Duration of transport not to exceed 3 consecutive hours.
2.
Exemptions from the minimum requirements may be granted for the temporary
emergency housing of cats as authorized by the state veterinarian.
3.
Exemptions from the minimum space and exercise requirements may be granted on a
case-by-case basis for veterinary medical treatment or as is authorized in writing by a
veterinarian licensed to practice within the state of Rhode Island.
8.3 Rabbits
a.
The temperature within the animal’s living quarters shall be maintained between 50-80
degrees Fahrenheit to be measured at the height that the animals live at. Temperature
standards are applicable for rabbits whether they are housed indoors or outdoors.
1.
If the temperature falls below 50 degrees F for more than 2 consecutive hours,
supplemental heat shall be provided.
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2.
If the temperature rises above 85 degrees F for more than 2 consecutive hours,
supplemental cooling shall be provided.
b.
The ventilation within the animal’s living quarters must be maintained so as to ensure that
noxious, contaminated, or harmful odors or fumes are not present in the area where
animals are housed. Ventilation shall be draft free and may consist of passive or active
systems.
c.
Sanitation
1.
Urine and feces must be removed at least once daily or more frequently in order to
maintain animals in a clean and sanitary manner. A written history log documenting
the time and date at which such duties were accomplished initialed by the staff
person who accomplished the task shall be posted in the animal’s quarters. This log
is to be maintained and subject to inspection for a period of six (6) months.
2.
Disinfectants must be used in a manner consistent with label directions and all
disinfectants must be approved for use in animal housing.
3.
All soiled bedding or other materials/objects that are contaminated with urine or
feces must be cleaned or replaced daily. A written history log documenting the time
and date at which such duties were accomplished initialed by the staff person who
accomplished the task shall be posted in the animal’s quarters. This log is to be
maintained and subject to inspection for a period of six (6) months.
4.
All feeding and watering dishes/bowls/receptacles must be maintained in a clean and
sanitary manner. Any such dish/bowl/receptacle that is permanently stained must be
replaced.
d.
Lighting must be sufficient to allow inspection of all rabbits to assess health, sanitation,
food, and water.
e.
Minimum Space Requirements:
1.
For general space requirements for primary enclosures please use the following:
(weight is to be measured in pounds, area is to be measured in square feet)
SIZE OF RABBIT
WEIGHT
AREA
Small
< 3#
3
Medium
3-5
4
Intermediate
5-12
6
Large
>12#
8
2.
For general space requirements for does with litters please use the following:
(weight is to be measured in pounds, area is to be measured in square feet)
SIZE OF DOE
WEIGHT
AREA
Small
< 3#
4
Medium
3-5
5
Intermediate
5-12
6
Large
>12#
10
3.
The minimum height for all rabbit enclosures shall be fourteen inches or allow the
rabbit to stand on hind legs without their head touching the top of the enclosure
4.
A nesting box that is a minimum of eighteen inches length, by eighteen inches width,
by eighteen inches height must be provided for all pregnant does and does with
litters.
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5.
Wire mesh floors must not exceed fifty percent of the entire floor surface of the
primary enclosure. The remainder must be a solid surface.
6.
Multiple rabbits may be housed together provided that:
i.
They are housed in compatible groups based on size, age, sex, and
temperament. Intact sexually mature bucks should only be housed with
intact sexually mature does if breeding is desired.
ii.
No more than twenty-five rabbits of any age may be housed in the same
primary enclosure regardless of the size of the enclosure.
iii.
If more than one rabbit occupies a primary enclosure, floor space will be
calculated for the largest rabbit, with each additional rabbit needing one half
of the minimum floor space required.
f.
Safety
1.
Wire mesh floors are acceptable for use in rabbit housing provided that the space
between the wires that make up the mesh is no greater than one-half inch by one-half
inch, and in no case should allow the foot of a rabbit to pass through it.
2.
All enclosures must be escape proof.
3.
Rabbits must not be allowed to have contact with hazardous materials, objects,
chemicals, fixtures, or substances.
4.
All enclosures must prevent the entry of other animals or vermin.
g.
Transportation: All standards set forth above that are required to be met for temperature,
safety, ventilation, sanitation, and health of rabbits while in their living quarters shall
apply for rabbits while being transported within the state.
h.
Prohibited Actions:
1.
Housing rabbits in the same room as carnivores.
2.
Use of cedar shavings, pine shavings, rugs, carpets, corncob litter, or clumping cat
litter is prohibited for use in the housing of rabbits or as bedding.
3.
Retail sale of rabbits for use as pets unless the owner of the rabbits is in possession of
a valid pet shop license pursuant to R.I. General Laws Chapter 4-19. Retail sale of
rabbits intended to be slaughtered as livestock is permissible without a pet shop
license.
4.
Use of aquaria for primary enclosures of rabbits is prohibited.
i.
Exemptions
1.
Minimum space requirements will not apply to rabbits in transport within the borders
of the state provided that the rabbit can stand up, sit down, lie down, and make
natural postural adjustments within the confines of the enclosure being used for
transport. Duration of transport not to exceed 3 consecutive hours.
2.
Exemptions from the minimum requirements may be granted for the temporary
emergency housing of rabbits as authorized by the state veterinarian.
3.
Exemptions from the minimum space requirements may be granted on a case-by-case
basis for veterinary medical treatment or as is authorized in writing by a veterinarian
licensed to practice within the state of Rhode Island.
8.4 Rats and Mice
a.
The temperature within the animal’s living quarters shall be maintained between 60-85
degrees Fahrenheit to be measured at the height that the animals live at. Temperature
standards are applicable for hamsters and guinea pigs whether they are housed indoors or
outdoors.
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1.
If the temperature falls below 60 degrees F for more than 2 consecutive hours,
supplemental heat shall be provided.
2.
If the temperature rises above 85 degrees F for more than 2 consecutive hours,
supplemental cooling shall be provided.
b.
The ventilation within the animal’s living quarters must be maintained so as to ensure that
noxious, contaminated, or harmful odors or fumes are not present in the area where
animals are housed. Ventilation shall be draft free and may consist of passive or active
systems.
c.
Sanitation
1.
Urine and feces must be removed at least once daily or more frequently in order to
maintain animals in a clean and sanitary manner. A written history log documenting
the time and date at which such duties were accomplished initialed by the staff
person who accomplished the task shall be posted on the animal’s quarters. This log
is to be maintained and subject to inspection for a period of six (6) months.
2.
Disinfectants must be used in a manner consistent with label directions and all
disinfectants must be approved for use in animal housing.
3.
All soiled bedding or other materials/objects that are contaminated with urine or
feces must be cleaned or replaced daily. A written history log documenting the time
and date at which such duties were accomplished initialed by the staff person who
accomplished the task shall be posted on the animal’s quarters. This log is to be
maintained and subject to inspection for a period of six (6) months.
4.
All feeding and watering dishes/bowls/receptacles must be maintained in a clean and
sanitary manner. Any such dish/bowl/receptacle that is permanently stained must be
replaced.
d.
Lighting must be sufficient to allow inspection of all rats/mice to assess health, sanitation,
food, and water.
e.
Minimum Space Requirements
1.
Minimum Space Requirements for Mice is as follows:
SIZE of MOUSE
WEIGHT(grams)
# Per Sq Foot
Small
<18
5
Medium
18-25
4
Large
>25
3
*In no case will the space requirement be less than 1 sq. foot
The minimum height for mouse enclosures shall be no less than six inches and must allow
the mouse to stand in its hind legs without head touching the top of the enclosure.
2.
Minimum Space Requirements for Rats is as follows:
SIZE of RAT
WEIGHT(grams)
Sq Foot Per Animal
Small
<85
2
Medium
85-175
3
Large
>175
4
The minimum height of rat enclosures shall be twelve inches.
f.
Safety
1.
Wire mesh floors are not permitted for housing rats and mice.
2.
All enclosures must be escape proof.
3.
All enclosures must prevent entry of other animals and vermin.
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g.
Transportation: All standards set forth above that are required to be met for temperature,
safety, ventilation, sanitation, and health of rats and mice while in their living quarters
shall apply for rats and mice while being transported within the state.
h.
Prohibited Actions
1.
Housing rats and mice in the same room as carnivores.
2.
Use of cedar shavings, pine shavings, rugs, carpets, corncob litter, or clumping cat
litter is prohibited for use in the housing of rats and mice.
3.
When live rats and mice are used as feeders for reptiles and other animals, any rat
or mouse that is not consumed by the animal within 30 minutes is to be removed
from the predator animal’s enclosure and returned to a proper enclosure for the rat
or mouse. Upon return to that enclosure the animal must be cared for as defined in
the above standards.
8.5
Hamsters/Gerbils and Guinea Pigs
a.
The temperature within the animal’s living quarters shall be maintained between 60-85
degrees Fahrenheit to be measured at the height that the animals live at. Temperature
standards are applicable for hamsters and guinea pigs whether they are housed indoors
or outdoors.
1.
If the temperature falls below 60 degrees F for more than 2 consecutive hours,
supplemental heat shall be provided.
2.
If the temperature rises above 85 degrees F for more than 2 consecutive hours,
supplemental cooling shall be provided.
b.
The ventilation within the animal’s living quarters must be maintained so as to ensure that
noxious, contaminated, or harmful odors or fumes are not present in the area where
animals are housed. Ventilation shall be draft free and may consist of passive or active
systems.
c.
Sanitation:
1.
Urine and feces must be removed at least once daily or more frequently in order to
maintain animals in a clean and sanitary manner. A written history documenting
the time and date at which such duties were accomplished initialed by the staff
person who accomplished the task shall be posted on the animal’s quarters. This
log is to be maintained and subject to inspection for a period of six (6) months.
2.
Disinfectants must be used in a manner consistent with label directions and all
disinfectants must be approved for use in animal housing.
3.
All soiled bedding or other materials/objects that are contaminated with urine or
feces must be cleaned or replaced daily. A written history documenting the time
and date at which such duties were accomplished initialed by the staff person who
accomplished the task shall be posted on the animal’s quarters. This log is to be
maintained and subject to inspection for a period of six (6) months.
4.
All feeding and watering dishes/bowls/receptacles must be maintained in a clean
and sanitary manner. Any such dish/bowl/receptacle that is permanently stained
must be replaced.
d.
Lighting must be sufficient to allow inspection of all hamsters/gerbils/guinea pigs to assess
health, sanitation, food, and water.
e.
Minimum Space Requirements
1.
Minimum Space Requirements for Guinea Pigs is as follows:
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SIZE of GUINEA PIG
WEIGHT(grams)
Sq Foot Per Animal
Small
<175
2
Medium
85-175
3
Large
>175
4
The minimum height of the primary enclosure shall be no less than twelve inches.
2.
A pregnant sow or sow with a litter must be housed in accordance with the above
referenced standard provided that they are housed in a separate primary enclosure
from other guinea pigs.
2.
Minimum Space Requirements for Hamsters/Gerbils is as follows:
SIZE of HAMSTER/GERBIL
WEIGHT(grams)
# Per Sq Foot
Small
<60
3
Medium
61-100
2
Large
>100
1
*In no case less than 1 Sq foot
i. For hamsters the minimum height of the enclosure shall be twelve inches.
ii. For gerbils the minimum height of the enclosure shall be six inches.
iii. Pregnant hamsters and gerbils and/or hamsters and gerbils with a litter must be
housed in accordance with the above referenced standard provided that they are
housed in a separate primary enclosure from other hamsters and/or gerbils.
f.
Safety
1.
Cedar shavings shall not be used in or around guinea pig enclosures.
2.
Wire mesh floors are not permitted for housing hamsters/gerbils or guinea pigs.
3.
All enclosures must be escape proof.
4.
All enclosures must prevent entry of other animals and vermin.
g.
Transportation: All standards set forth above that are required to be met for temperature,
safety, ventilation, sanitation, and health of hamsters, gerbils and guinea pigs while in
their living quarters shall apply for hamsters, gerbils and guinea pigs while being
transported within the state.
h.
Prohibited Actions
1.
Housing hamsters, gerbils and guinea pigs in the same room as carnivores.
2.
Use of cedar shavings, pine shavings, rugs, carpets, corncob litter, or clumping
cat litter is prohibited for use in the housing of hamsters, gerbils and guinea or as
bedding.
RULE 9: APPLICATIONS FOR LICENSES OR CERTIFICATES OF REGISTRATION TO
OPERATE AN ANIMAL CARE FACILITY
9.01 Any municipality wishing to operate a pound may apply for a certificate of registration
pursuant to RI General Laws § 4-19-3 Registration of municipal dog pounds. The issuance of
a certificate of registration authorizes the operation of a pound. Pound licenses expire annually on
December 31. Applications must be made by submitting the appropriate form to the Rhode Island
state veterinarian on form(s) provided by the office of the Rhode Island state veterinarian.
9.02 Any applicant wishing to operate an animal shelter may apply for a certificate of registration
pursuant to RI General Laws § 4-19-4 Registration of animal shelters. The issuance of a
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certificate of registration authorizes the operation of an animal shelter. Animal shelter licenses
expire annually on December 31. Applications must be made by submitting the appropriate form
to the Rhode Island state veterinarian on form(s) provided by the office of the Rhode Island state
veterinarian.
9.03 An applicant wishing to operate a pet shop may apply for a license pursuant to RI General
Laws § 4-19-5 Pet shop licenses. The issuance of a pet shop license authorizes the operation of a
pet shop. Pet shop licenses expire at the end of the fiscal year, June 30 Applications must be made
by submitting the appropriate form to the Rhode Island state veterinarian on form(s) provided by
the office of the Rhode Island state veterinarian.
9.04 An applicant wishing to operate a kennel may apply for a license pursuant to RI General
Laws § 4-19-6 Public auction and kennel licenses. The issuance of a kennel license authorizes
the operation of a kennel. Kennel licenses expire at the end of the fiscal year, June 30.
Applications must be made by submitting the appropriate form to the Rhode Island state
veterinarian on form(s) provided by the office of the Rhode Island state veterinarian.
9.05 Any applicant wishing to operate as an animal rescue, broker, or transporter may apply for a
certificate of registration pursuant to Rule 8 of Rules and Regulations Governing the Importation
of Animals. The issuance of a certificate of registration authorizes operation as an animal rescue,
broker, or transporter as designated. Certificates of registration expire annually on December 31.
Applications must be made by submitting the appropriate form to the Rhode Island state
veterinarian on form(s) provided by the office of the Rhode Island state veterinarian.
9.06 All applications listed in Rules 9.01 through 9.05 shall be on forms provided by the office of
the Rhode Island state veterinarian. The applicant shall identify the intended purpose of seeking
the appropriate license or certificate, the proposed operational plan for the facility if approved,
copies of any applicable state and federal licenses, any municipal approvals that may have been
granted for the operation of the proposed facility, and the location and dates upon which the
proposed facility is available for inspection by the Rhode Island state veterinary and/or his staff.
9.07 All licensed or registered entities are prohibited from operating other than in strict
compliance with the conditions as set forth in its operational plan. Any proposed changes to the
operations of these entities must be approved by the office of the Rhode Island state veterinarian in
writing before operations can be changed. All proposed changes must be submitted in writing to
the office of the Rhode Island state veterinarian.
9.08 The license or certificate of registration is only valid for the owner to whom it is issued. The
transfer of ownership of the subject facility voids said facility’s license or certificate of registration
unless prior written approval for the transfer of said license or certificate is obtained through the
submittal of an application the Rhode Island state veterinarian is approved.
Page 16 of 18
RULE 10: DENIAL, SUSPENSION OR REVOCATION OF LICENSES OR CERTIFICATES OF
REGISTRATION
10.1 In addition to other penalties provided by law or other rule or Regulation that are provided
below pursuant to Rule 12, any operator of an animal care facility who violates the provisions of
these Rules and Regulations or any order issued by the Director shall be subject to suspension,
revocation or denial of his/her license or certificate of registration in accordance with R.I. General
Laws Chapter 42-17.7.
10.2 The Director may deny renewal of the license or certificate of registration of any operator of
an animal care facility for the violation of the provisions of these Rules and Regulations or any
order issued by the Director during a prior license or certificate of registration period.
10.3 The Director may suspend, revoke or deny issuance of a license or certificate of registration
to operate a animal care facility upon a finding that the business of the license or certificate of
registration holder or applicant is owned, managed or operated, in whole or in part, by a person,
firm, association or corporation whose license or certificate of registration to operate an animal
care facility has been suspended, revoked or denied on account of noncompliance with these
regulations.
10.4 The Director may suspend, revoke or deny issuance of a license or certificate of registration
to operate an animal care facility upon a finding that the business of the license or certificate of
registration holder or applicant is owned, managed or operated, in whole or in part, by a person,
firm, association or corporation whose permit, license or certificate of registration to operate an
animal care facility has been suspended, revoked or denied in another state.
10.5 Penalties --The following penalties shall apply to violations of these regulations: In addition
to the penalty described in Rule 12, the license or certificate of registration to operate a animal
care facility of any person who violates any of the terms of Rules and Regulations shall have
his/her license or certificate of registration suspended by the Director for a period of 30 days for a
first offense, 90 days for a second offense, and 365 days for a third offense, and revocation for a
fourth offense.
10.6 Other Requirements -- Operators subject to these rules and regulations are also responsible
for complying with other applicable state, local and federal laws, including DOH laws and
regulations relating to animal care facilities.
RULE 11: ADMINISTRATIVE APPEALS
11.1 Denial of a license or certificate of registration: Persons denied the issuance or renewal of a
license or certificate of registration or the reissuance of a license or certificate of registration to
operate an animal care facility may request an appeal as provided by R.I. General Laws Chapter
42-17.7 and pursuant to DEM’s “Administrative Rules of Practice and Procedure for the
Administrative Adjudication Division for Environmental Matters” by presenting a written request
for a hearing within thirty (30) days of the applicant’s receipt of the denial. The written request
Page 17 of 18
must be presented to the clerk of the Administrative Adjudication Division, 1 Capital Way,
Providence, RI 02908.
11.2 Enforcement Action: Any person adversely affected by a decision of the Director for an
enforcement action pursuant to these regulations may file and appeal in accordance with RIGL
Chapter 42-17.7 and DEM’s Administrative Rules of Practice and Procedure for the
Administrative Adjudication Division for Environmental Matters by presenting a written request
for a hearing within twenty (20) days of the applicant’s receipt of the notice of the enforcement
action. The written request must be presented to the clerk of the Administrative Adjudication
Division, 1 Capital Way, Providence, RI 02908.
RULE 12: VIOLATIONS
Any person, firm or corporation who violates any provision of these regulations shall be subject,
upon conviction after a hearing, to a fine of five hundred dollars ($500.00) for the first offense and
not to exceed one thousand dollars ($1000.00) for the second offense and any subsequent offense.
Any offense may result in the seizure of animals by the Department and/or revocation of license
and/or certificate of registration. Each day for which the violation persists without remedy shall
constitute a separate violation.
RULE 13: ENFORCEMENT
Any employee of the Department of Environmental Management, Divisions of Agriculture, Fish and
Wildlife, and Law Enforcement is empowered and authorized to enforce any of the provisions in
these Rules and Regulations.
RULE 14: SEVERABILITY
If any provision of these Rules and Regulations, or the application thereof to any person or
circumstances, is held invalid by a court of competent jurisdiction, the validity of the remainder of
the Rules and Regulations shall not be affected.
Page 18 of 18
RULE 15: EFFECTIVE DATE
The foregoing "Rules and Regulations Governing the Importation of Animals", after due notice, are
hereby adopted and filed with the Secretary of State this day of ____________, to become effective
twenty (20) days thereafter, in accordance with the provisions of Sections 4-4-12, 4-4-23, and 4-19-13,
and Chapters 42-35, 42-17.1 and 42-17.6 of the General Laws of Rhode Island of 1956, as amended.
____________________________________
Janet L. Coit, Director
Department of Environmental Management
Notice Given on: June 2, 2015
Public Hearing held: July 10, 2015
Filing Date:
Effective Date:
ERLID: 8125