The Animal Care Facilities Act
Jeanette L. Floss, DVM, MS
College of Veterinary Medicine, University of Missouri-Columbia
The
"Animal Care Facilities Act," passed by the state of
Applications for
licensure are available from the director of the Missouri Department of
Agriculture. Provisional licenses will be issued until an inspection of the
facilities can be performed by the director, the director's appointee or a
veterinarian licensed in
- Falsification of the application for the original or
renewal license.
- Failure to abide by the provisions of the Animal Care
Facilities Act.
- Conviction on any violation of any state or federal law
relating to the disposition or treatment of animals.
- Failure to provide adequate food, water, housing or
sanitary facilities for dogs and cats under the control of the licensee
(see Table 1 for further explanation).
Table 1. Definitions for adequate food, water and
housing.
|
Food |
The
provision, at intervals of not more than 12 hours, of a quantity of wholesome
food stuff, suitable for the species and age, sufficient to maintain a
reasonable level of nutrition, served in a safe receptacle, dish or
container. |
|
Water |
The
provision, either continuously or at intervals not to exceed eight hours, of
a supply of potable water. |
|
Housing |
The
continuous provision of a sanitary facility, protection from the extremes of
weather conditions, proper ventilation and appropriate space. |
Who must apply?
Any
person who operates an animal shelter, pound, boarding or commercial kennel,
pet shop or exhibition facility, other than a limited show or exhibit, must
have a license. Any person acting as a dealer or commercial breeder also must
be licensed. To see if a license is required, see Table 2 for definitions.
Table
2.
Definitions of animal care facilities and operators.
|
Animal
shelter |
A
facility used to house or contain animals, which is owned, operated or maintained
by an incorporated Humane Society, Animal Welfare Society, Society for the
Prevention of Cruelty to Animals or other not-for-profit organization devoted
to the welfare, protection and humane treatment of animals, or a person whose
primary purpose is to act as an animal rescue, to collect and care for
unwanted animals or to offer them for adoption. |
|
Boarding
kennel |
A
place or establishment, other than a pound or animal shelter, where animals
not owned by the proprietor are sheltered, fed and watered in return for a
consideration. |
|
Commercial
breeder |
A
person other than a hobby or show breeder engaged in the business of breeding
animals for sale or exchange and who harbors more
than three intact females for the primary purpose of breeding animals for
sale. |
|
Commercial
kennel |
A
kennel that performs grooming or training services for animals and may or may
not render boarding services in return for consideration. |
|
Contract
kennel |
A
facility operated by any person or entity other than the state or any
political subdivision, for the purpose of impounding or harboring
seized, stray, homeless, abandoned or unwanted animals, on behalf of and
pursuant to a contract with the state or any political subdivision. |
|
Dealer |
A
person who is engaged in the business of buying for resale, selling or
exchanging animals as a principal or agent or who holds himself or herself
out to be so engaged. |
|
Hobby/show
breeder |
A
non-commercial breeder who breeds dogs or cats for the primary purpose of
exhibiting or showing, improving the breed or selling only to other breeders
or private individuals, and who houses no more than 10 intact females. |
|
Pet
shop |
A
facility where animals are bought, sold, exchanged or offered for retail sale
to the general public. |
|
Pound |
A
facility operated by the state or any political subdivision for the purpose
of impounding or harboring seized, stray, homeless,
abandoned or unwanted animals. |
A dealer may purchase
animals only from other licensed individuals or those exempt from licensure as
described below. The knowing purchase of dogs and cats from non-licensed
sources constitutes a Class A misdemeanor
and may result in loss of the license.
A person engaged in
breeding dogs or cats who houses three or fewer intact females is exempt from
the provisions of this act. Hobby or show breeders are exempt from the
licensure and inspection requirements, but are required to register annually
with the director of the Department of Agriculture at no cost to the breeder.
An intact female is defined as a female dog between the ages of six months and
10 years, or a female cat between the ages of six months and eight years, which
is capable of being bred.
Upon receiving a
person's complaint, the state veterinarian or an animal welfare official may
investigate during business hours any premises or vehicle upon which an animal
may be found, and may determine if any violation exists. This official may then
issue an order to the person responsible for the violation to appear at an
administrative hearing. If violations are discovered, orders may be issued to
correct them and an administrative penalty may be assessed in an amount not to
exceed $1,000 for each violation.
For a license to be
issued, a health and veterinary care program must be maintained for each animal
facility. Records of veterinary services provided should be maintained and made
available if requested by the director or the director's appointee. Additional
provisions are outlined in the Animal Care Facilities Act for the quarantine of
an animal or group of animals suffering from any highly contagious,
communicable or infectious disease. It will be unlawful for any licensee to
knowingly ship a diseased animal subject to a fine of not more than $100 for
each animal.
This act does not apply
to a place or establishment that operates under the immediate supervision and
control of a duly licensed veterinarian as a facility where animals are
hospitalized or boarded. This act does not apply to research facilities and
does not affect the design, outlining, guidelines or performance of actual
research or experimentation by a research facility. Such requirements are
determined by the individual research facility's animal care and use committee.
Animal adoption
All
dogs and cats sold or released for adoption or purchased from any public or
private animal shelter or animal control agency operated by a Humane Society
must be sterilized at the time of adoption or purchase or upon reaching an age
where sterilization can be safely performed. Sterilization is defined in the
Animal Care Facilities Act as the surgical removal of the reproductive organs
of a dog or cat in order to render the animal unable to reproduce, or the use
of an approved compound that will permanently render the animal unable to
reproduce.
Written verification
from the licensed veterinarian performing the sterilization procedure must be
filed with the releasing agency. A releasing agency is defined as a public or
private animal pound, shelter, humane organization or animal control agency,
but does not include persons who occasionally render humane assistance or
shelter in their homes to a dog or cat. The costs associated with sterilization
procedures will be the responsibility of the adopter or purchaser. This policy
does not apply to the release of animals to former owners who are reclaiming
their own animals.
Rationale
The
Animal Care Facilities Act was instituted to establish the minimum standards
for acceptable animal care and housing. The provisions of this act will help to
ensure the movement and commercial trade of healthy dogs and cats. The well-being
of the animals involved is of primary importance. It is hoped that this act
will promote humane care, sound breeding practices and responsible pet
ownership of dogs and cats.
Additional information
regarding the Animal Care Facilities Act can be obtained by writing the
Missouri Department of Agriculture, Animal Health Division, ACFA Program,
Copyright 1999 University of
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