For the purposes of this part:

1. (1) "Ambient temperature" means the air temperature surrounding the animal which must be between seventy-two degrees Fahrenheit (72° F) and eighty-two degrees Fahrenheit (82° F) at all times;
2. (2) "Animal" means a dog or cat of any age;

3. (3) “Authorized person” means:

   1. (A) The Secretary of the Department of Health or his or her delegate; or
   2. (B) Any law enforcement officer;

4. (4) “Cat” means any live or dead:

   1. (A) Cat, Felis catus or Felis domesticus;
   2. (B) Kitten or adult of either sex; or
   3. (C) Any cat-hybrid cross;
5. (5) "Cattery" means an enterprise wherein or whereon the business of grooming or boarding cats, or breeding cats for sale, and selling such cats, is carried on, and which does not in its usual course of business acquire cats for resale to the public;

6. (6) "Clean" means free from:

   1. (A) Dirt;
   2. (B) Contamination; or
   3. (C) Disease;

7. (7)

   1. (A) "Consumer" means any individual purchasing an animal from a retail pet store.
   2. (B) A retail pet store shall not be a consumer;

8. (8) "D.V.M." means a person who has:

   1. (A) Graduated from an accredited school of veterinary medicine or has received equivalent formal education; and
   2. (B) A valid license to practice veterinary medicine within the State of Arkansas;

9. (9) ''Dog" means any live or dead:

   1. (A) Dog, Canis familiaris;
   2. (B) Puppy or adult of either sex; or
   3. (C) Any dog-hybrid cross;
10. (10) "Effective temperature" means the ambient temperature adjusted to compensate for the effect of air circulating in proximity to the animal;

11. (11) "Euthanasia" means the humane killing of an animal accomplished by a method that:

    1. (A) Utilizes anesthesia produced by an agent that causes painless loss of consciousness and subsequent death; and
    2. (B) Is administered by a licensed veterinarian or a euthanasia technician certified as competent by a licensed veterinarian;
12. (12) "General area" means any part of a retail pet store in which animals are confined and handled, and which is segregated from the quarantine area and isolation area of the facility;
13. (13) “Handling" means petting, feeding, watering, cleaning, manipulating, loading, crating, shifting, transferring, immobilizing, restraining, treating, training, working, and moving, or any similar activity with respect to any animal;
14. (14) "Housing facility" means any land, premises, shed, barn, building, trailer, or other structure or area housing intended to house animals;
15. (15) "Hybrid cross” means an animal resulting from the crossbreeding between two (2) different species or types of animals;

16. (16)

    1. (A) "Identifying number" means a number assigned to every animal received at any housing facility of a retail pet store.
    2. (B) The identifying numbers for each species shall be sequential;

17. (17)

    1. (A) “Impervious surface” means a surface that does not permit the absorption of fluids.

    2. (B) Such surfaces are those that:

       1. (i) Can be thoroughly and repeatedly cleaned and disinfected;
       2. (ii) Will not retain odors; and
       3. (iii) From which fluids bead up and run off or can be removed without their being absorbed into the surface material;
18. (18) “Infant animal” means an animal under the age of six (6) months;

19. (19) “Intake examination” means an initial examination by a D.V.M. for:

    1. (A) Illness;
    2. (B) Injury; and
    3. (C) Genetic defect;

20. (20) “Isolation area” means that part of a retail pet store:

    1. (A) Set aside for confining and handling animals with contagious conditions as diagnosed by a D.V.M.; and
    2. (B) Which is segregated from the quarantine area and general areas of the facility;
21. (21) “Kennel” means an enterprise wherein or whereon the business of grooming or boarding dogs, or breeding dogs for sale, and selling such dogs, is carried on, and which does not in its usual course of business acquire dogs for resale to the public;
22. (22) "Licensed veterinarian" means a person who has graduated from an accredited school of veterinary medicine or has received equivalent formal education, and who has a valid license to practice veterinary medicine in some state;
23. (23) "Newly received animal" means any animal which has been at any housing facility of the retail pet store less than seventy-two (72) hours;

24. (24)

    1. (A) "Permanent journal" means a perpetual sequential listing of animals who are received for sale at the pet store.
    2. (B) Such journal shall contain the animal's identifying number, age, sex, species, breed, arrival date, exit date, and disposition for the customer to see;

25. (25)

    1. (A) "Permanent record" of an animal means a record prepared for each and every animal received at a retail pet store, and retained for a period of three (3) years after the animal's:

       1. (i) Sale;
       2. (ii) Death; or
       3. (iii) Other disposition.
    2. (B) The permanent record shall contain such information as required in this rule;

26. (26) "Person" means any:

    1. (A) Individual;
    2. (B) Partnership;
    3. (C) Firm;
    4. (D) Joint stock company;
    5. (E) Corporation;
    6. (F) Association;
    7. (G) Trust;
    8. (H) Estate; or
    9. (I) Other legal entity;
27. (27) "Positive physical contact" means petting, stroking, or other touching by human beings, which is beneficial to the well-being of the animal and contributes to its socialization and fitness as a companion;

28. (28) "Primary enclosure" means any structure or device used to restrict an animal or animals to a limited amount of space, such as a:

    1. (A) Room;
    2. (B) Pen;
    3. (C) Run;
    4. (D) Cage; or
    5. (E) Compartment;

29. (29) “Quarantine area” means that part of a retail pet store, segregated from the isolation area and general area, set aside for confining and handling newly received animals until such time as each animal:

    1. (A) Has been on the premises for a period of seventy-two (72) hours; and
    2. (B) Is found to be healthy prior to transfer to the general area;

30. (30) “Records” of a retail pet store means:

    1. (A) The permanent record of each animal’s health history showing the animal’s vaccinations, inoculations, dewormings, and other veterinary medical procedures performed on that animal, as well as such other data as may be required by this rule to be maintained in or with each animal’s permanent record for a three (3) year period; and

    2. (B)

       1. (i) The permanent journal giving a perpetual, sequential listing of animals which are received at the pet store.

       2. (ii) Such journal shall contain the animal’s:

          1. (a) (a) Identifying number;
          2. (b) (b) Birth date;
       3. (c) (c) Sex;

       4. (d) (d) Species;

          1. (e) (e) Breed;
          2. (f) (f) Arrival date;
          3. (g) (g) Exit date; and
          4. (h) (h) Disposition;

31. (31)

    1. (A) "Retail pet store" means any room or group of rooms, runs, cages, compartments, exhibition pens, any part of which is within the State of Arkansas, wherein any animal is sold or kept, displayed, or offered for sale to the public.
    2. (B) It includes all housing facilities, areas, locations, and premises owned, operated, controlled, or used by such an enterprise, whether or not open to the public.

    3. (C) It excludes kennels and catteries which sell animals wholesale or directly to a consumer, if those kennels and catteries:

       1. (i) Primarily breed and train animals; and
       2. (ii) Do not in their usual course of business acquire animals for resale to the public.
       3. (iii) This type of facility is inspected by United States Department of Agriculture inspectors as required by the Animal Welfare Act, 7 U.S.C. § 2131 et seq.
    4. (D) Also excluded are duly authorized animal shelters and duly incorporated humane societies dedicated to the care of unwanted animals which make such animals available for adoption, whether or not a fee for such adoption is charged.
    5. (E) As used in this rule, the term "retail pet store" includes its owner or owners, officers, agents, operators, managers, and employees, and refers to any such enterprise whether in fact registered or not;
32. (32) “Sanitize” means to make physically clean and to remove and destroy, to the maximum degree that is practical, agents injurious to health;
33. (33) “Secretary” means the Secretary of the Department of Health;
34. (34) “Standards” means the requirements with respect to the humane housing, exhibition, handling, care, treatment, and transportation of animals by retail pet stores, their owners, officers, agents, operators, managers, and employees, at any housing facility owned, operated, controlled, or used by a retail pet store;
35. (35) “Tether” means something, such as a rope or chain, by which an animal is fastened so it can range only in a set radius; and
36. (36) “Young animal” means an animal at least six (6) months but less than fourteen (14) months of age.