250-RICR-40-05-4
250-RICR-40-05-4. Rules and Regulations Governing Animal Care Facilities (version Technical Revision, 06/20/2016 to 02/07/2018)
4.1 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.
4.2 Authority
These rules and regulations
are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1,
Environmental Management, and R.I. Gen. Laws § 4-19-13 and R.I. Gen.
Laws Chapter 42-35, Administrative Procedures.
4.3 Administrative 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.
4.4 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.
4.5 Definitions
A. The following words when
used in the rules shall have the following meaning:
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.
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.
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.
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. "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.
6. "Department"
means the Rhode Island Department of Environmental Management.
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.
8. "Environmental police
officer" means a sworn officer of the Rhode Island Department of
Environmental Management, Division of Law Enforcement.
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.
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.
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.
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.
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.
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.
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.
16. "RISPCA" means
the Rhode Island Society for the Prevention of Cruelty to Animals.
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.
18. "Seller" means
the owner of a pet shop and the owner’s agents, employees,
subordinates, volunteers, and workers.
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.
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.
21. "USDA" means the
United States Department of Agriculture.
4.6 Record Keeping
A. 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. Gen. 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. Gen. Laws § 4-25-4.
B. Record keeping by pet
shops: pet shops must keep the following records for all dogs and
cats offered for sale:
1. 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.
2. 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.
3. If the animal is being sold
as registerable, the names and registration numbers of the sire and
dam and the litter number.
4. 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.
5. 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.
C. Record keeping by pounds,
shelters, rescues, and brokers: the provisions of R.I. Gen. Laws §
4-19-12 and the provisions of § 1.8 of this Subchapter
(250-RICR-40-05-1), all pounds, animal shelters, rescues, and brokers
must keep the following records:
1. 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.
2. 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.
3. The source of the animal
and the contact information of the source, where known, including the
name, physical address, mailing address, and phone number.
4. When disposed of by
adoption, the record shall include the adopter’s name, mailing
address, physical address, and phone number.
5. When disposed of by any
means other than those listed above, the record shall include the
details of disposition.
4.7 General Standards
A. General Standards
applicable for all species. Additional species specific standards are
addressed in § 4.8 of this Part below.
B. The temperature within the
animal’s living quarters must be maintained so as to ensure that
individual, warm-blooded animals will remain thermo-neutral and
comfortable. Cold-blooded animals must be provided with a
temperature gradient to allow for proper thermoregulation of the
particular species.
C. 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.
D. 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.
E. 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.
F. 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 to
ensure the health of the individual species.
G. 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, maintain comfort, and exhibit normal behavior.
H. 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.
I. All animals’ living
quarters must be maintained such that the animals are maintained free
of obvious signs 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 R.I. Gen. Laws must be maintained on premises for
review.
4.8 Species Specific Standards
A. Dogs
1. The temperature within the
animal’s living quarters shall be maintained between 45-85 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.
a. If the temperature falls
below 45 degrees F for more than 4 consecutive hours, supplemental
heat shall be provided.
b. If the temperature rises
above 85 degrees F for more than 4 consecutive hours, supplemental
cooling shall be provided.
2. 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.
3. Sanitation
a. 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 room where the animals are housed. This log is to
be maintained and subject to inspection for a period of six (6)
months.
b. Disinfectants must be used
in a manner consistent with label directions and all disinfectants
must be approved for use in animal housing.
c. 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
room where the animals are housed. This log is to be maintained and
subject to inspection for a period of six (6) months.
d. 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.
4. Lighting must be sufficient
to allow inspection of all dogs to assess health, sanitation, food,
and water.
5. Minimum Space Requirements
for Primary Enclosures:
a. A separate primary
enclosure must be available for every dog excluding bitches with
litters, which can occupy the same primary enclosure.
b. Sufficient space shall be
provided to allow animals to turn around freely, exercise normal
movements, stand, sit, and lie in a comfortable natural position.
c. The minimum height of the
primary enclosure shall 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.
d. The minimum area of the
primary enclosure shall be equal to the length of the dog measured in
inches from the tip of the nose to the base of the tail, plus six
inches multiplied by the length of the dog measured in inches from
the tip of the nose to the base of the tail, plus six (6) inches.
(length of dog in inches + 6) X (length of dog in inches + 6) = area.
6. Multiple Dogs Occupying
the Same Enclosure:
a. 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.
b. Dogs occupying the same
enclosure shall be behaviorally compatible.
c. Females in estrus (heat)
shall be housed apart from males (unless breeding is intended).
d. Pregnant dogs in whelp or
by estimate close to whelping shall be housed in a separate
enclosure.
e. Dogs under four (4) months
of age shall be housed in a primary enclosure apart from adult dogs
other than their mother.
f. 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.
g. 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.
7. Exercise: If multiple dogs
are exercised simultaneously in the same area the following
conditions must be met:
a. All dogs must be exercised
in behaviorally compatible groups.
b. 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.
c. Each dog must have a
minimum area of twenty-four (24) square feet.
8. Safety
a. All enclosures must be
escape proof.
b. Dogs must not be allowed to
have contact with hazardous materials, objects, fixtures, chemicals,
or substances.
c. All enclosures must be
constructed and maintained so as to prevent entry of other animals or
vermin.
d. 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.
9. 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.
10. Prohibited Actions:
a. Contact, by the public or
any other animal, with an animal, or the saliva of an animal that is
being held for rabies quarantine.
b. 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.
c. Possession of a dog for
more than fourteen consecutive days that is eligible to be rabies
vaccinated but is not currently vaccinated against rabies unless
lawfully exempted. (R.I. Gen. Laws Chapter 4-13).
d. Possession of any dog that
has been imported into the state in violation of state importation
regulations (Part 2 of this Subchapter).
11. Exemptions
a. Exemptions from the minimum
requirements may be granted for the temporary emergency housing of
dogs as authorized by the state veterinarian.
b. 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.
B. Cats
1. The temperature within the
animal’s living quarters shall be maintained between 45-85 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.
a. If the temperature falls
below 45 degrees F for more than 4 consecutive hours, supplemental
heat shall be provided.
b. If the temperature rises
above 85 degrees F for more than 4 consecutive hours, supplemental
cooling shall be provided.
2. 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.
3. Sanitation:
a. 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 room where the animals are housed. This log is to be
maintained and subject to inspection for a period of six (6) months.
b. Disinfectants must be used
in a manner consistent with label directions and all disinfectants
must be approved for use in animal housing.
c. 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 room
where the animals are housed. This log is to be maintained and
subject to inspection for a period of six (6) months.
d. 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.
e. 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 §
4.8(B)(3)(a) of this Part.
f. Litter boxes or pans must
be a minimum of ten inches by fourteen inches in dimension.
g. A minimum of one litter box
or pan must be provided for every three adult cats, or every five
weaned/orphaned kittens, if the cats are housed in a manner where
multiple cats use the same enclosure. Queens with a litter can share
the same litter box.
4. Lighting must be sufficient
to allow inspection of all cats to assess health, sanitation, food,
and water.
5. Minimum Space Requirements
for primary enclosures:
a. Individual cats use
following table.
WEIGHT
OF CAT
MINIMUM
AREA OF CAGE
less
than 8 pounds
3
square feet
8
pounds or over
4
square feet
b. 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
§ 4.8(B)(5)(a) of this Part.
c. Pregnant queens and queens
with litters are not to be housed in the same primary enclosure with
other cats.
d. Queens with litters
(litters of any size) are required to have a minimum area of eight
square feet until the kittens reach an age of ten weeks.
e. The minimum height for
enclosures for all cats is twenty-two inches.
f. Multiple cats may be kept
in colony/common housing provided that:
(1) All cats have an
individual primary enclosure available on the premises.
(2) The minimum colony
enclosure shall be thirty-six square feet of floor space and a
minimum of six feet in height.
(3) 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.
(4) 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).
6. Safety:
a. Mesh floors are not
acceptable for housing of cats.
b. All enclosures must be
escape proof.
c. Cats must not be allowed to
have contact with hazardous materials, objects, chemicals, fixtures,
or substances.
d. All enclosures must prevent
the entry of other animals or vermin.
7. 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.
8. Prohibited Actions
a. Contact, by the public or
any other animal, with an animal, or the saliva of an animal that is
being held for rabies quarantine.
b. 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.
c. Possession of a sexually
intact cat unless possession is consistent with the provisions of
R.I. Gen. Laws Chapter 4-24.
d. Possession of a cat for
more than fourteen consecutive days that is eligible to be vaccinated
against rabies but is not currently vaccinated. (R.I. Gen. Laws
Chapter 4-13).
e. Possession of any cat that
has been imported into the state in violation of state importation
regulations (Part 2 of this Subchapter).
9. Exemptions
a. Exemptions from the minimum
requirements may be granted for the temporary emergency housing of
cats as authorized by the state veterinarian.
b. 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.
C. Rabbits
1. The temperature within the
animal’s living quarters shall be maintained between 50-85 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.
a. If the temperature falls
below 50 degrees F for more than 2 consecutive hours, supplemental
heat shall be provided.
b. If the temperature rises
above 85 degrees F for more than 2 consecutive hours, supplemental
cooling shall be provided.
2. 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.
3. Sanitation
a. 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 room where the animals are housed. This log is to be
maintained and subject to inspection for a period of six (6) months.
b. Disinfectants must be used
in a manner consistent with label directions and all disinfectants
must be approved for use in animal housing.
c. 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 room
where the animals are housed. This log is to be maintained and
subject to inspection for a period of six (6) months.
d. 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.
4. Lighting must be sufficient
to allow inspection of all rabbits to assess health, sanitation,
food, and water.
5. Minimum Space Requirements:
a. 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
<
4.4
2
Medium
4.4-8.8
3
Intermediate
8.8-12
4
Large
>12#
6
b. 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
<
4.4
4
Medium
4.4-8.8
5
Intermediate
8.8-12
6
Large
>12#
8
c. 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.
d. 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.
e. Wire mesh floors must not
exceed fifty percent of the entire floor surface of the primary
enclosure. The remainder must be a solid surface.
f. Multiple rabbits may be
housed together provided that:
(1) 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.
(2) No more than twenty-five
rabbits of any age may be housed in the same primary enclosure
regardless of the size of the enclosure.
(3) 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.
6. Safety
a. 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.
b. All enclosures must be
escape proof.
c. Rabbits must not be allowed
to have contact with hazardous materials, objects, chemicals,
fixtures, or substances.
d. All enclosures must prevent
the entry of other animals or vermin.
7. 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.
8. Prohibited Actions:
a. Housing rabbits in the line
of sight with carnivores.
b. Use of cedar shavings,
rugs, carpets, or clumping cat litter is prohibited for use in the
housing of rabbits or as bedding.
c. 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. Gen. Laws Chapter 4-19.
Retail sale of rabbits intended to be slaughtered as livestock is
permissible without a pet shop license.
d. Use of aquaria for primary
enclosures of rabbits is prohibited.
9. Exemptions
a. Exemptions from the minimum
requirements may be granted for the temporary emergency housing of
rabbits as authorized by the state veterinarian.
b. 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.
D. Rats and Mice
1. 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 rats and mice whether they
are housed indoors or outdoors.
a. If the temperature falls
below 60 degrees F for more than 2 consecutive hours, supplemental
heat shall be provided.
b. If the temperature rises
above 85 degrees F for more than 2 consecutive hours, supplemental
cooling shall be provided.
2. 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.
3. Sanitation
a. 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 room where the animals are housed. This log is to be
maintained and subject to inspection for a period of six (6) months.
b. Disinfectants must be used
in a manner consistent with label directions and all disinfectants
must be approved for use in animal housing.
c. 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 room
where the animals are housed. This log is to be maintained and
subject to inspection for a period of six (6) months.
d. 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.
4. Lighting must be sufficient
to allow inspection of all rats/mice to assess health, sanitation,
food, and water.
5. Minimum
Space Requirements
a. Minimum space requirements
for mice is as follows: 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.
SIZE
of MOUSE
WEIGHT(grams)
#
Per Sq. Foot
Small
<18
12
Medium
18-25
8
Large
>25
6
b. Minimum space requirements
for rats is as follows: The minimum height of rat enclosures shall be
nine inches.
SIZE
of RAT
WEIGHT(grams)
Sq.
Inches Per Animal
Small
<85
60
Medium
85-175
100
Large
>175
144
6. Safety
a. Wire mesh floors are not
permitted for housing rats and mice.
b. All enclosures must be
escape proof.
c. All enclosures must prevent
entry of other animals and vermin.
7. 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.
8. Prohibited Actions
a. Housing rats and mice in
the line of sight of carnivores.
b. Use of cedar shavings,
rugs, carpets, or clumping cat litter is prohibited for use in the
housing of rats and mice.
c. 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.
E. Hamsters/Gerbils and Guinea
Pigs
1. 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, gerbils, and
guinea pigs whether they are housed indoors or outdoors.
a. If the temperature falls
below 60 degrees F for more than 2 consecutive hours, supplemental
heat shall be provided.
b. If the temperature rises
above 85 degrees F for more than 2 consecutive hours, supplemental
cooling shall be provided.
2. 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.
3. Sanitation:
a. 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 room where the animals are housed. This log is to be
maintained and subject to inspection for a period of six (6) months.
b. Disinfectants must be used
in a manner consistent with label directions and all disinfectants
must be approved for use in animal housing.
c. 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 room where
the animals are housed. This log is to be maintained and subject to
inspection for a period of six (6) months.
d. 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.
4. Lighting must be sufficient
to allow inspection of all hamsters/gerbils/guinea pigs to assess
health, sanitation, food, and water.
5. Minimum Space Requirements
a. Minimum space requirements
for guinea pigs is as follows: The minimum height of the primary
enclosure shall be no less than nine inches.
GUINEA
PIG
WEIGHT(grams)
Sq.
Inches Per Animal
Small
<175
80
Large
175
or greater
144
Nursing
females with litter
Any
144
1) 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.
b. Minimum space requirements
for hamsters/gerbils is as follows: In no case less than 1 Sq. foot
SIZE
of HAMSTER/GERBIL
WEIGHT(grams)
#
Per Sq. Foot
Small
<60
12
Medium
61-100
8
Large
>100
6
1) For hamsters the minimum
height of the enclosure shall be nine inches.
2) For gerbils the minimum
height of the enclosure shall be six inches.
3) 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.
6. Safety
a. Cedar shavings shall not be
used in or around guinea pig enclosures.
b. Wire mesh floors are not
permitted for housing hamsters/gerbils or guinea pigs.
c. All enclosures must be
escape proof.
d. All enclosures must prevent
entry of other animals and vermin.
7. 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.
8. Prohibited Actions
a. Housing hamsters, gerbils
and guinea pigs in the line of sight of carnivores.
b. Use of cedar shavings,
rugs, carpets, or clumping cat litter is prohibited for use in the
housing of hamsters, gerbils and guinea or as bedding.
4.9 Applications for Licenses or
Certificates of Registration to Operate an Animal Care Facility
A. Any municipality wishing to
operate a pound may apply for a certificate of registration pursuant
to R.I. Gen. 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.
B. Any applicant wishing to
operate an animal shelter may apply for a certificate of registration
pursuant to R.I. Gen. Laws § 4-19-4, Registration of Animal
Shelters. The issuance of a 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.
C. An applicant wishing to
operate a pet shop may apply for a license pursuant to R.I. Gen. 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.
D. An applicant wishing to
operate a kennel may apply for a license pursuant to R.I. Gen. 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.
E. Any applicant wishing to
operate as an animal rescue, broker, or transporter may apply for a
certificate of registration pursuant to § 1.8 of this Subchapter,
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.
F. All applications listed in
§§ 4.9(A) through (E) of this Part 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/her staff.
G. 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.
H. 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.
4.10 Denial, Suspension or
Revocation of Licenses or Certificates of Registration
A. In addition to other
penalties provided by law or other rule or Regulation that are
provided below pursuant to § 4.12 of this Part, 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. Gen. Laws Chapter 42-17.7.
B. 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.
C. 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 license or certificate of
registration to operate an animal care facility has been suspended,
revoked or denied on account of noncompliance with these regulations.
D. 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.
E. Penalties --The following
penalties shall apply to violations of these regulations: In addition
to the penalty described in § 4.12 of this Part, the license or
certificate of registration to operate an animal care facility of any
person who violates any of the terms of Rules and Regulations may
have his/her license or certificate of registration suspended by the
Director for a period of up to 30 days for a first offense, up to 90
days for a second offense, up to 365 days for a third offense, and
revocation for a fourth offense.
F. Other Requirements --
Operators subject to these rules and regulations are also responsible
for complying with other applicable state, local and federal laws,
including Department of Health and USDA laws and regulations relating
to animal care facilities.
4.11 Administrative Appeals
A. 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. Gen. Laws Chapter
42-17.7 and pursuant to DEM’s “Administrative Rules of Practice
and Procedure for the Administrative Adjudication Division for
Environmental Matters”, (Part 10-00-1 of this Title) by presenting
a written request for a hearing within thirty (30) days of the
applicant’s receipt of the denial. The written request must be
presented to the clerk of the Administrative Adjudication Division, 1
Capitol Hill, Fourth Floor, Providence, RI 02908.
B. 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 R.I. Gen. Laws Chapter 42-17.7 and DEM’s
Administrative Rules of Practice and Procedure, (Part 10-00-1) of
this Title 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 Capitol Hill,
Fourth Floor, Providence, RI 02908.
4.12 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 suspension or revocation of license and/or
certificate of registration. Each day for which the violation
persists without remedy shall constitute a separate violation.
4.13 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.
4.14 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.