Mo. Code Regs. Ann. tit. 2, § 30-9.020
PURPOSE: This rule sets forth the standards and requirements for the licensing and operation of animal care facilities.
PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material, which is incorporated by reference as a portion of this rule, would be unduly cumbersome or expensive. Therefore, the material, which is so incorporated, is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material. The publication for AVMA Guidelines for the Euthanasia of Animals: 2013 Edition can be accessed at http://www.avma.org.
(1) Application for License and Conditions of Issuing.
(B) Any person seeking a license under the provisions of the ACFA shall—
director;
the application form, including a valid mailing address through which the licensee or applicant can always be reached and a valid premises address where animals, animal facilities, equipment, and records shall be inspected for compliance;
with the director;
lated in section (2) of this rule; and
separate physical facility requiring a license according to the ACFA.
(C) The following persons are exempt from the licensing fees and inspection requirements:
cats who harbor three (3) or less intact females; and
with proof of show.
(F) The director may refuse to issue or renew or may revoke or suspend a license on any one (1) or more of the following grounds:
on the application for any original license or for any renewal license;
state or federal law on the disposition or treatment of animals;
with any provision of the ACFA, or any of the provisions of the standards in 2 CSR 30-9; or 2 CSR 30-9
and unrestricted access to inspect any ACFA required records, or any animal, premises, facility, area, equipment, or vehicle.
(M) A license shall be issued to specific persons for specific premises, facilities, and operations and does not transfer upon change of ownership, nor is it valid at a different location. Otherwise, a license issued under 2 CSR 30-9 shall be valid and effective unless—
pended pursuant to section 273.329, RSMo;
by the written request of the licensee to the director;
wise been terminated under 2 CSR 30-9.020; or
fee as required.
(T) A person commits the crime of canine cruelty if such person repeatedly violates sections 273.325 to 273.357, RSMo, so as to pose a substantial risk to the health and welfare of animals in such person’s custody or knowingly violates an agreed-to remedial order involving the safety and welfare of animals under this section. The crime of canine cruelty is a class C misdemeanor, unless the person has previously pled guilty or nolo contendere to or been found guilty of a violation of this subsection, in which case, each such violation is a class A misdemeanor.
prosecuting attorney or circuit attorney may bring an action under sections 273.325 to 273.357, RSMo, in circuit court in the county where the crime has occurred for criminal punishment.
vent or preclude action taken under section 578.012, RSMo, or under subsection 3 of section 273.329, RSMo.
(2) License Fees.
(A) In addition to the application for a license or license renewal, each person shall submit to the director the annual license fee prescribed in this section and calculated upon the previous year’s business—
($100), plus the annual animal shelter per capita fee for every animal sold, traded, bartered, brokered, adopted out, or given away, up to a maximum of two thousand five hundred dollars ($2,500);
meet the standards in 2 CSR 30-9;
dollars ($100), plus the annual commercial kennel per capita fee for each board day, up to a maximum of two thousand five hundred dollars ($2,500);
lars ($100), plus the annual boarding kennel per capita fee for each board day, up to a maximum of two thousand five hundred dollars ($2,500);
dollars ($100), plus the annual commercial breeder per capita fee for every animal sold, traded, bartered, brokered, or given away, up to a maximum of two thousand five hundred dollars ($2,500);
lars ($100), plus the annual contract kennel per capita fee for every animal sold, traded, bartered, brokered, adopted out, or given away, up to a maximum of two thousand five hundred dollars ($2,500);
broker)—One hundred dollars ($100), plus the annual dealer per capita fee for every animal sold, traded, bartered, brokered, or given away, up to a maximum of two thousand five hundred dollars ($2,500);
($100), plus the annual pet shop per capita fee for every animal sold, traded, bartered, brokered, or given away, up to a maximum of two thousand five hundred dollars ($2,500);
dollars ($100), plus a per capita fee for each board day and each animal purchased or brokered and transported up to a maximum of two thousand five hundred dollars ($2,500). Animals which are transported only will be considered as carrier-transported and not subject to a per capita fee; and
from fees and inspection requirements, provided that such breeder qualifies annually for the purpose of establishing status for registration.
(B) Per Capita Fees.
year’s sales are one dollar ($1.00) for every animal sold, traded, bartered, brokered, adopted out, or given away.
year’s services are ten cents ($.10) for every board day.
(3) Annual Report by Licensee.
(6) Activity by Persons/Facilities Whose Licenses Have Been Suspended or Revoked.
(B) Any facility involved in an order of suspension or revocation shall—
or in any other manner within the period during which the suspension or revocation is in effect.
transport, board, exhibit, or deliver for transportation any animal during the period of license suspension or revocation.
(7) Denial of Initial License Application.
(A) A license will not be issued to any applicant who—
rules and the standards set forth in 2 CSR 30- 9, including the payment of fees;
be allowed a maximum of three (3) inspections and a period of up to ninety (90) days from the date of the first inspection in which to attain total compliance with the rules and standards prior to denial of license. Failure of these inspections would not subject an initial applicant to the one hundred dollar ($100)- penalty fee for failed inspections. However, initial license fee will not be returned and subsequent applications must be accompanied with another initial license fee; and
subparagraph (7)(A)1.A. may reapply after six (6) months from the date of the last failed inspection.
rently under suspension;
pled no contest under state or local animal cruelty laws within one (1) year of application, except that if no penalty is imposed as a result of a no contest plea, the applicant may reapply immediately; or
statements or provided any false or fraudulent records to the department.
(8) Attending Veterinarian and Adequate Veterinary Care.
(A) Each licensee shall have an attending veterinarian who shall provide adequate veterinary care to animals covered under the rules in 2 CSR 30-9.020 through 2 CSR 30- 9.030;
ing veterinarian under formal arrangements. In the case of a part-time attending veterinarian or consultant arrangements, the formal arrangements shall include a written program of veterinary care and regularly scheduled visits to the premises of the licensee. Boarding kennels in large metropolitan areas, where twenty-four (24) hour emergency veterinary clinics are in operation, and rotation of veterinary practitioners is essential for good will and referral services, may be exempted from the requirement of a formal arrangement if approved by the state veterinarian. This exemption must be requested in writing and will be approved only on an individual basis.
attending veterinarian has appropriate authority to ensure the provision of adequate veterinary care and to oversee the adequacy of other aspects of animal care and use.
(B) Each licensee shall establish and maintain programs of adequate veterinary care that include:
ties, personnel, equipment, and services to comply with the provisions in 2 CSR 30- 9.020 through 2 CSR 30-9.030;
prevent, control, diagnose, and treat diseases and injuries, and the availability of emergency, weekend, and holiday care;
maintained on all animals above the age of eight (8) weeks or that have been weaned or that have been treated with a medical procedure, whichever occurs first. Litter health records may be kept on litters when littermates are treated with the same medication or procedure. Health records (or a copy) may accompany all animals upon the transfer of ownership;
assess their health and well-being. Provided, however, that daily observation of animals may be accomplished by someone other than the attending veterinarian; and provided further, that problems of animal health, behavior, and well-being is conveyed to the attending veterinarian in a timely manner;
personnel involved in the care and use of ani- 2 CSR 30-9
mals. The employer must be certain his/her employees can perform at the level required by these rules; and
procedural care in accordance with established veterinary medical and nursing procedures.
(C) Each licensee subject to the provisions of section 273.345, RSMo, shall establish and maintain programs of veterinary care that include:
9.010(2)(Y) at least once yearly by a licensed veterinarian, and upon detection of any affliction, a comprehensive examination, diagnosis, and appropriate treatment. Provided however, at the discretion of the attending veterinarian, any subsequent treatment may be carried out by somebody other than the attending veterinarian. An individual health examination shall be prescribed, conducted, and recorded on forms furnished by the state veterinarian;
tices, including a written and signed recommendation on reproductive health for individual female covered dogs that accounts for species, age, and health of the breeding dogs under care of the licensee. An individual recommendation shall be recorded on forms furnished by the state veterinarian;
of disease prevention techniques, vaccination protocols, parasite protocols, pest control, nutrition, euthanasia, and guidance on preventative care. Approval of these practices must be certified by the attending veterinarian and included with the written program of veterinary care; and
oped in accordance with regulations regarding exercise prescribed in these rules and where such plan affords the dog maximum opportunity for outdoor exercise as weather permits.
(9) Identification of Animals.
(B) All licensees without a USDA license shall identify all dogs and cats held on the premises, purchased, boarded, sheltered, or otherwise acquired, sold, released, given away, or otherwise disposed of or removed from the premises for any reason to or through any person, by one (1) or more of the appropriate methods as follows:
described in this section affixed to the animal’s neck by means of a collar made of a material generally considered acceptable to pet owners. In general, well fitting collars made of plastic or leather will be acceptable. The use of certain types of chains presently used by some dealers may also be acceptable if sharp edges cannot be felt which may reasonably be expected to cause discomfort to the animal. The use of materials such as wire, elastic, or any other material which may seem to cause discomfort to the animal shall not be used;
ing;
(16) weeks of age, may be identified by a plastic type collar acceptable to the director which has the information legibly placed on the collar pursuant to this section;
pounds or dog pounds may use distinctive cage cards. Cage cards, if used, must be sequentially numbered, used in sequential order and placed in an area which will prevent animals, water, or cleaning solutions from contacting them or damaging the cards. If cage cards cannot be protected, or if licensee fails to provide proper protection, all animals in his/her facility must be identified by a more permanent method as described in paragraph (9)(B)1. Each cage card must fully and completely describe the animal to which it is assigned including breed (or an estimate of predominant breed and cross, and the like), size, date of birth or approximate age, sex, color and markings, and any other distinctive feature or marking;
kennels may use distinctive cage cards. Boarding kennels and commercial kennels may use any abbreviated form of information on the cage cards that meets the needs of their business if all of the information listed in this paragraph is immediately available to the animal caretaker and inspector. Cage cards, if used, must:
prevent animals, water, or cleaning solutions from contacting or damaging the cards;
animal including name, breed, sex, color, and distinctive markings; and
directions for administering, any special needs or instructions, and emergency instructions stating veterinarian of choice and telephone number; and
cards. Cage cards, if used as the primary identification, must be—
sequential order;
vent animals, water, or cleaning solutions from contacting them or damaging the cards; and
to assure proper identification of all animals in the enclosure and may include information such as a brief description of the animal including breed, sex, date of birth or approximate age, color, and distinctive markings.
(1) side that is easily readable:
licensee or facility, for example, AC123456; and
mal, for example, 0006.
(10) Records.
(A) Records for Commercial Breeders, Dealers, Exhibitors, Intermediate Handlers, and Voluntary Licensees.
(other than operators of auction sales and brokers to whom animals are consigned), intermediate handlers, exhibitors, and voluntary licensees shall make, keep, and maintain records or forms which fully and correctly disclose the following information concerning each dog or cat purchased or otherwise acquired, owned, held, or otherwise in his/her possession or control which is transported, euthanized, sold, or otherwise disposed of by that licensee. These records shall include any offspring born of any animal while in his/her possession or under his/her control:
address of the person from whom a dog or cat was purchased or otherwise received or acquired whether or not the person is required to be licensed or registered under this Act;
or registration number of the person if s/he is licensed or registered under the Acts. Both USDA and ACFA numbers are required if seller is licensed or registered under both Acts;
the state, or the driver’s license number and state if s/he is not licensed or registered under either of the Acts;
address of the person to whom a dog or cat was sold, given, or delivered, and that person’s license or registration number(s) if s/he is licensed or registered under the Acts;
or disposed of, or both, and the method of disposition, including by death or euthanasia;
number or tattoo assigned to a dog or cat;
which shall include:
mate age; and
markings;
including the name of the initial carrier or intermediate handler or, if a privately owned vehicle is used to transport a dog or cat, the name of the owner of the privately owned vehicle;
(APHIS Form 7005 or similar form may be used) and Records of Disposition of Dogs or Cats (APHIS Form 7006 or similar form may be used) shall be maintained by commercial breeders, dealers, exhibitors, and voluntary licensees;
by dealers and exhibitors to make, keep, and maintain the information required by subsection (11)(A) of this rule; and
taining the information required by this section shall accompany each shipment of any dog or cat purchased or otherwise acquired by a commercial breeder, dealer, or exhibitor. One (1) copy of the record containing the information required by this section shall accompany each shipment of any dog or cat sold or otherwise disposed of by a commercial breeder, dealer, or exhibitor. One (1) copy of the record shall be retained by the commercial breeder, dealer, or exhibitor.
maintained on all animals bought, raised, or otherwise obtained, held, kept, maintained, sold, donated, or otherwise disposed of, including by death or euthanasia, which shall specify all treatments and medications given and all procedures performed on the animal, to include reasons for or the condition requiring the treatment, medication, or procedure, and the results of the treatment, medication, or procedure will be included in this record. Litter health records may be kept on litters when all littermates are treated with the same medication or procedure. Medical records (or a copy) may accompany the animal when sold.
period of one (1) year, unless the director requests in writing that they be maintained for a longer period, for the purpose of investigation.
(B) Records of Operators of Auction Sales and Brokers.
tion sale shall make, keep, and maintain records or forms which fully and correctly disclose the following information concerning each animal sold, whether or not a fee or commission is charged:
address of the person who owned or consigned the animal(s) for sale;
address of the buyer or consignee who received the animal;
registration number of the person(s) selling, consigning, buying, or receiving the animals if s/he is licensed or registered under the Acts;
state or the driver’s license number and state of the person, if s/he is not licensed or registered under the Acts;
number assigned to the animal(s) under this rule;
which shall include:
mate age; and
markings;
records number assigned to the animal; and
USDA/ACFA license number of all people registering at the auction to buy animals.
given to the consignor of each animal, one (1) copy of the record shall be given to the purchaser of each animal, and one (1) copy of the record shall be retained by the broker or operator of the auction sale for each animal sold.
period of one (1) year, unless the director requests in writing that they be maintained for a longer period, for the purpose of investigation. 2 CSR 30-9
(C) Records for Boarding Kennels and Commercial Kennels.
or commercial kennel shall make, keep, and maintain records or forms which fully and correctly disclose the following information concerning each animal boarded, or otherwise kept or maintained, sold, given, or otherwise disposed of:
of pet owner;
breed;
cial rabies;
instructions;
needed;
needed;
formed;
the primary enclosure of every animal being boarded, kept, or maintained.
tions, medications, and treatments given and exercise periods shall be maintained.
address of the person to whom the animal was sold or given, and the USDA or ACFA license numbers, or both, if that person was licensed under the Acts.
each animal shipped interstate.
period of sixty (60) days except on those animals on which a complaint was made by the owner or if some other problem occurred during boarding, those records shall be kept for one (1) year, unless the director requests in writing that they be maintained for a longer period, for the purpose of investigation.
(D) Records for Animal Shelters, Contract Kennels, and Pounds or Dog Pounds.
contract kennel, pound, or dog pound shall make, keep, and maintain records or forms which fully and correctly disclose the following information concerning each animal boarded, housed, retained, or otherwise kept or maintained, transported, sold, given, adopted out, released, or otherwise disposed of:
address of the person from whom the animal was obtained;
state, or the driver’s license number and state of the person delivering the animal;
mal including breed or type, sex, size, approximate weight, approximate age, color, and any distinctive markings;
address of the person to whom the animal was sold, given, released to, or adopted by, and the USDA or ACFA license numbers, or both, if the person was licensed under the Acts;
neuter.
the primary enclosure of every animal being held, retained, kept, or maintained.
tions, medications and treatments given, and exercise periods shall be maintained.
period of one (1) year, unless the director requests in writing that they be maintained for a longer period, for the purpose of investigation.
(E) Records for Pet Shops.
make, keep, and maintain records or forms which fully and correctly disclose the following concerning each animal purchased or otherwise acquired, kept or maintained, transported, sold, given, released, or otherwise disposed of—
address of the person from whom the animal was obtained;
ber, or both, of the seller if s/he was licensed under the Acts;
state, or the driver’s license number and state of the person delivering the animal if the seller is not licensed under the Acts;
mal, including breed or type, sex, size, approximate weight, or a combination of these, date of birth or approximate age, color, and any distinctive markings, including any official tag number or tattoo markings;
and
address and telephone number of the person to whom the animal was sold, given, released to, or otherwise disposed of.
attached to the primary enclosure of every animal being held, retained, kept, or maintained.
tions, medications, and treatments given shall be maintained.
medications, and medical procedures performed on the animal, while in the possession of the licensee, may be furnished to the retail pet purchaser. Medical records, to the extent possible may accompany the animal when sold.
period of one (1) year, unless the director requests in writing that they be maintained for a longer period, for the purpose of investigation.
(G) Health Certification and Identification.
exhibitor, operator of an auction sale, broker, pet shop, research facility, voluntary licensee, or any department, agency, or instrumentality of the United States or of any state or local government shall deliver to any intermediate handler or carrier for transportation in interstate commerce or shall transport in interstate commerce any dog or cat unless the dog or cat is accompanied by a health certificate executed and issued by a licensed veterinarian. The health certificate shall state that—
ed the dog or cat on a specified date which shall not be more than ten (10) days prior to the delivery of the dog or cat for transportation; and
appeared to the licensed veterinarian to be free of any infectious disease or physical abnormality which would endanger the animal(s) or endanger public health.
whom any live dog or cat is delivered for transportation by any commercial breeder, dealer, exhibitor, broker, pet shop, research facility, operator of an auction sale, or any department, agency, or instrumentality of the United States or any state or local government shall receive a live dog or cat for transportation in interstate commerce, unless and until it is accompanied by a health certificate issued by a licensed veterinarian.
health certification by a licensed veterinarian as required by this section.
leave the state, may utilize an owner/shipper statement in lieu of a health certificate. The owner/shipper statement must specify the date of shipment, name, address, phone number, and ACFA/USDA license numbers of consignor and consignee of the shipment, specify species and list each animal in the shipment by its individual ACFA/USDA number, breed, age, sex, color, and distinctive markings, vaccination history, and certify—“To the best of my knowledge, all animals in this shipment are healthy and have not been exposed to an infectious or contagious disease.” The statement must contain the signature, printed name, address, and phone number of the certifying individual.
(H) Disposition of Records.
year, shall destroy or dispose of, without the consent in writing of the director, any books, records, documents, or other papers required to be kept and maintained under the ACFA and this rule.
records required to be kept and maintained under this rule shall be held for one (1) year after an animal is euthanized or disposed of and for any period in excess of one (1) year as necessary to comply with any applicable federal, state, or local laws. Whenever the director notifies the licensee in writing that specified records shall be retained pending completion of an investigation or proceeding under the ACFA, the licensee shall hold those records until their disposition is authorized by the director.
of section 273.345, RSMo, shall maintain all veterinary records and sales records for the most recent previous two (2) years. These records shall be made available to the state veterinarian, a state or local animal welfare official, or a law enforcement agent upon request.
(12) Holding Period.
(120) days of age or less, that was obtained from the person that bred and raised the animal, may be exempted from the five- (5-) day holding requirement and may be sold or otherwise disposed of by a licensee after a minimum holding period of twenty-four (24) hours, excluding time in transit. Each subsequent licensee must also hold that animal for a minimum of twenty-four (24) hours excluding time in transit. Intermediate handlers who obtain an animal one hundred twenty (120) days of age or less, only in conjunction with its transportation in commerce will be exempt from the twenty-four- (24-) hour holding period.
(13) Miscellaneous.
(B) Access and Inspection of Records and Property. Each licensee, during business hours, shall allow department officials to—
in accordance with the ACFA and this rule;
property, and animals as the department officials consider necessary to enforce the provisions of the ACFA and the standards in 2 CSR 30-9.020 through 2 CSR 30-9.030; and
tographs and other means, conditions and areas of noncompliance.
(C) Inspection for Missing Animals. Each licensee shall allow, upon request and during business hours, police or officers of other law enforcement agencies with general law enforcement authority (not those agencies whose duties are limited to enforcement of local animal rules) to enter his/her place of business to inspect animals and records for the purpose of seeking animals that are missing, under the following conditions:
furnish to the licensee a written description of the missing animal and the name and address of its owner before making a search; and
abide by all security measures required by the licensee to prevent the spread of disease, including the use of sterile clothing, footwear, and masks where required, or to prevent the escape of an animal.
(D) Confiscation and Destruction of Animals.
or transported by a carrier is found by a department official to be suffering as a result of the failure of the licensee or carrier to comply with any provisions of the ACFA or the standards set forth in 2 CSR 30-9.020 through 2 CSR 30-9.030, the department official shall make a reasonable effort to notify the licensee of the condition of the animal(s) and request that the condition be corrected and that adequate care be given to alleviate the animal’s suffering or distress, or that the animal(s) be destroyed by euthanasia. In the event that the licensee refuses to comply with this request, the department official may confiscate the animal(s) for care, treatment, or disposal as indicated in this section, if, in the opinion of the director, the circumstances indicate the animal’s health is in danger.
cial is unable to locate or notify the licensee as required in this section, the department official shall contact a local police or other law officer to accompany him/her to the premises and shall provide for adequate care when necessary to alleviate the animal’s suffering. If in the opinion of the director, the condition of the animal(s) cannot be corrected by this temporary care, the department official shall confiscate the animal(s). 2 CSR 30-9
by sale or donation, with other licensees or registrants who are in compliance with the ACFA and the standards in 2 CSR 30-9.020 through 2 CSR 30-9.030 and can provide proper care, or they may be euthanized. The licensee from whom the animals were confiscated shall bear all costs incurred in performing the placement or euthanasia activities authorized by this rule.
(F) Handling of Animals.
animals shall be in accordance with Code of Federal Regulations, Title 9, Chapter 1, Subchapter A, Part 2, Subpart I, Section 2.131.
accomplished by a method approved by the AVMA Guidelines for the Euthanasia of Animals: 2013 Edition, as incorporated by reference in this rule, as published by the American Veterinary Medical Association, 1931 N Meacham Road, Schaumburg, IL 60173, phone number: 1-800-248-2862, website: www.avma.org. This rule does not incorporate any later amendments or additions.
(14) Procurement of Dogs and Cats by Licensees.
AUTHORITY: sections 273.344 and 273.346, RSMo 2016.* Original rule filed Jan. 13, 1994, effective Aug. 28, 1994. Amended: Filed Oct. 24, 1994, effective May 28, 1995. Amended: Filed Nov. 30, 1995, effective July 30, 1996. Amended: Filed May 15, 2003. effective Dec. 30, 2003. Emergency amendment filed Dec. 7, 2010, effective Dec. 17, 2010, expired June 14, 2011. Amended: Filed Dec. 7, 2010, effective July 30, 2011. Emergency amendment filed July 11, 2011, effective July 21, 2011, expired Feb. 23, 2012. Amended: Filed July 22, 2011, effective Jan. 30, 2012. Amended: Filed Jan. 21, 2016, effective Aug. 30, 2016. Amended: Filed Nov. 25, 2019, effective July 30, 2020. *Original authority: 273.344, RSMo 1992 and 273.346, RSMo 1992.