273.325. Citation of law--definitions. - Missouri Statutes

Citation of law--definitions.

273.325. 1. Sections 273.325 to 273.357 shall be known as the "AnimalCare Facilities Act".

2. As used in sections 273.325 to 273.357, the following terms mean:

(1) "Adequate food", the provision, at suitable intervals of not morethan twelve hours, unless the dietary requirements of the species require alonger interval, of a quantity of wholesome foodstuff, suitable for thespecies and age, sufficient to maintain a reasonable level of nutrition ineach animal, all of which foodstuff is served in a safe receptacle, dish, orcontainer;

(2) "Adequate housing", the continuous provision of a sanitary facility,protection from the extremes of weather conditions, proper ventilation, andappropriate space depending on the species of animal, as defined byregulations of the USDA, as revised;

(3) "Adequate water", the provision, either continuously or at intervalssuitable to the species, which intervals shall not exceed eight hours, of asupply of potable water in a safe receptacle, dish, or container;

(4) "Animal", any dog or cat, which is being used, or is intended foruse, for research, teaching, testing, breeding, or exhibition purposes, or asa pet;

(5) "Animal shelter", a facility which is used to house or containanimals, which is owned, operated, or maintained by an incorporated humanesociety, animal welfare society, society for the prevention of cruelty toanimals, or other not-for-profit organization devoted to the welfare,protection, and humane treatment of such animals, or a person whose primarypurpose is to act as an animal rescue, to collect and care for unwantedanimals or to offer them for adoption;

(6) "Animal welfare official", any licensed veterinarian, designated byand under the supervision of the state veterinarian, who administers orassists in the administration of the provisions of sections 273.325 to273.357, or any appointee of the director, and shall include all deputy stateveterinarians;

(7) "Boarding kennel", a place or establishment, other than a pound oranimal shelter, where animals, not owned by the proprietor, are sheltered,fed, and watered in return for a consideration; however, "boarding kennel"shall not include hobby or show breeders who board intact females for a periodof time for the sole purpose of breeding such intact females, and shall notinclude individuals who temporarily, and not in the normal course of business,board or care for animals owned by other individuals;

(8) "Commercial breeder", a person, other than a hobby or show breeder,engaged in the business of breeding animals for sale or for exchange in returnfor a consideration, and who harbors more than three intact females for theprimary purpose of breeding animals for sale;

(9) "Commercial kennel", a kennel which performs grooming or trainingservices for animals, and may or may not render boarding services in returnfor a consideration;

(10) "Contract kennel", any facility operated by any person or entityother than the state or any political subdivision of the state, for thepurpose of impounding or harboring seized, stray, homeless, abandoned orunwanted animals, on behalf of and pursuant to a contract with the state orany political subdivision;

(11) "Dealer", any person who is engaged in the business of buying forresale, selling or exchanging animals, as a principal or agent, or who holdshimself out to be so engaged or is otherwise classified as a dealer by theUSDA as defined by regulations of the USDA;

(12) "Director", the director of the department of agriculture of thestate of Missouri;

(13) "Hobby or show breeder", a noncommercial breeder who breeds dogs orcats with the primary purpose of exhibiting or showing dogs or cats, improvingthe breed or selling the dogs or cats, and having no more than ten intactfemales. Such breeder shall be classified as a hobby or show breeder if suchperson only sells animals to other breeders or to individuals;

(14) "Humane euthanasia", the act or practice of putting an animal todeath in a humane or instantaneous manner under guidelines and proceduresestablished by rules promulgated by the director;

(15) "Intact female", with respect to a dog, refers to a female dogbetween the ages of six months and ten years of age which is capable of beingbred; and with respect to a cat, refers to a female cat between the ages ofsix months and eight years which is capable of being bred;

(16) "Pet shop", any facility where animals are bought, sold, exchanged,or offered for retail sale to the general public;

(17) "Pound" or "dog pound", a facility operated by the state or anypolitical subdivision of the state for the purpose of impounding or harboringseized, stray, homeless, abandoned, or unwanted animals;

(18) "State veterinarian", the state veterinarian as provided by chapter267, RSMo;

(19) "USDA", the United States Department of Agriculture.

(L. 1992 S.B. 636 § 1)