Statute in Full:
Livestock and Domestic Animal Strays
Taxation of Dogs as Personal Property
Pet Shop and Breeder Provisions
**Administrative Regulations Related to Breeders and Sellers of Animals**
Dogs Harassing Livestock
Abandonment of Dog at Veterinarian
Livestock and Domestic Animal Strays:
CHAPTER 47.--LIVESTOCK AND DOMESTIC ANIMALS. ARTICLE 2.—STRAYS.
47-229. Definitions.
47-230. Taking up stray; notice, requirements; record of ownership and animal released, when; costs.
47-232. Certification to court where controversy between adverse claimants; affidavits; testimony; order determining ownership and disposition of sale proceeds.
47-236. Care of strays.
47-237. Penalties for unlawful acts.
47-238. Same; advertising stray by sheriff; delivery of animal to market; sale; conditions.
47-239. Same; publication notice for sale; contents; disposition of proceeds of sale; special stray fund; establishing of ownership within six months of sale.
Dogs Harassing Livestock:
CHAPTER 47.--LIVESTOCK AND DOMESTIC ANIMALS. ARTICLE 6.--PROTECTION OF DOMESTIC ANIMALS. SHEEP, CATTLE OR HOGS.
47-645. Liability of owner of dog for damages.
47-646. Killing dog lawful, when.
47-646a. Same; unconfined dogs in violation of quarantine.
Abandonment of Dog at Veterinarian:
CHAPTER 47.--LIVESTOCK AND DOMESTIC ANIMALS. ARTICLE 8.--REGISTRATION OF VETERINARIANS.
47-835. Abandonment of animals; notice to owner; relief from liability for disposal; "abandoned" defined.
Taxation of Dogs as Personal Property
CHAPTER 79.—TAXATION. ARTICLE 13.--ENUMERATION AND TAXATION OF DOGS.
79-1301. Dogs as personalty; rights and restraints.
Pet Shop and Breeder Provisions:
Article 17.- PET ANIMAL ACT
47-1701. Definitions.
47-1702. Animal distributor license.
47-1703. Pet shop operator license.
47-1704. Pound or animal shelter license.
47-1706. Refusal to issue or renew or suspension or revocation of license or permit; grounds; judicial review; seizure and disposition of animals, when.
47-1707. Administrative civil fine for violation of act; judicial review, seizure and disposition of animals, when.
47-1708. Judicial review of commissioner’s actions.
47-1709. Inspections and investigations; confidentiality of complaints; records of inspections.
47-1710. Release or disposition of animals from pound or animal shelter; use of proceeds from animal shelter.
47-1711. Dog warden; license as or employment by animal dealer or pet shop operator prohibited; record of taking custody and disposition.
47-1712. Rules and regulations.
47-1713. Prohibiting the sale or gift of certain animals.
47-1715. Violation of act or rules and regulations; penalty; seizure and disposition of animals, when.
47-1717. Invalidity of part.
47-1718. Euthanasia, approved methods.
47-1719. Hobby breeder license.
47-1720. Research facility license.
47-1721. License and permit fees; costs of inspection; disposition of moneys.
47-1723. Kennel operator license.
47-1724. Unlawful to purchase from person not licensed or permitted.
47-1725. Kansas pet animal advisory board; duties and powers.
47-1726. Citation and purpose of act.
47-1727. Injunctive relief to commissioner.
47-1731: Dogs and cats; spaying or neutering required, when.
47-1732. Temporary closing permit; application; effective date; renewal.
47-1733. Animal breeder license.
47-1734. Out-of-state distributor permit.
47-1735. Unlawful to interfere with a representative of the animal health department.
47-1736. Retail breeder license.
47-1737. Severability clause.
Administrative Regulations Related to Breeders and Sellers of Animals:
ARTICLE 18. ANIMAL FACILITY INSPECTION PROGRAM. LICENSE AND REGISTRATION FEES.
K. A. R. 9-18-1 Fees.
K.A.R. 9-18-2. Inspections of premises.
K.A.R. 9-18-3. Inspection generated by a complaint.
ARTICLE 19. ANIMAL BREEDERS AND DISTRIBUTORS; FACILITY STANDARDS, ANIMAL HEALTH, HUSBANDRY, AND OPERATIONAL STANDARDS.
K.A.R. 9-19-1. Revoked October 31, 2003.)
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K.A.R. 9-19-2 through K.A.R. 9-19-11. Revoked Oct. 31, 2003.)
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K.A.R. 9-19-12. Adoption by reference.
Article 20.--PET SHOPS
K.A.R. 9-20-1. Facilities.
K.A. R. 9-20-2. Animal health and husbandry standards.
K.A.R. 9-20-3. Records.
K.A.R. 9-20-4. Prohibiting the sale or gift of certain animals.
ARTICLE 21 -- ANIMAL RESEARCH FACILITY
K.A.R. 9-21-1. Animal research facilities.
K.A.R. 9-21-2. Animal health and husbandry standards.
K.A.R. 9-21-3. Records.
Article 22 -- ANIMAL POUNDS AND SHELTERS
K.A.R. 9-22-1. Animal pounds and shelter.
K.A.R. 9-22-2. Animal health and husbandry standards.
K.A.R. 9-22-3. Records.
K.A.R. 9-22-4. Foster homes.
K.A.R. 9-22-5. Group homes and rescue homes.
Article 23.--HOBBY KENNEL OPERATORS
K.A.R. 9-23-1. Hobby kennel operators.
K.A.R. 9-23-2. Animal health and husbandry standards.
K.A.R. 9-23-3. Records.
Article 24.--KENNEL OPERATORS
K.A.R. 9-24-1. Kennel operators.
K.A.R. 9-24-2. Animal health and husbandry standards.
K.A.R. 9-24-3. Records.
Article 25 -- RETAIL BREEDERS
K.A.R. 9-25-1. Housing facilities, general.
K.A.R. 9-25-2. Indoor housing facilities.
K.A.R. 9-25-3. Sheltered housing facilities.
K.A.R. 9-25-4. Outdoor housing facilities.
K.A.R. 9-25-5. Primary enclosures.
K.A.R. 9-25-6. Cleaning, sanitization, housekeeping, and pest control.
K.A.R. 9-25-7. Compatible grouping.
K.A.R. 9-25-8. Exercise for dogs.
K.A.R. 9-25-9. Feeding.
K.A.R. 9-25-10. Watering.
K.A.R. 9-25-11. Employees.
K.A.R. 9-25-12. Age of animal.
K.A.R. 9-25-13. Access to and inspection of records and property.
K.A.R. 9-25-14. Records.
K.A.R. 9-25-15. Adequate medical veterinary care.
Article 26 - Euthanasia
K.A.R. 9-26-1. Euthanasia methods.
CHAPTER 47.--LIVESTOCK AND DOMESTIC ANIMALS. ARTICLE 2.—STRAYS.
47-229. Definitions.
As used in this act: (a) "Domestic animals," shall include all domestic animals except dogs and cats.
(b) "Stray" or "strays" shall mean any domestic animal which is found running at large, contrary to law, or which may be found in any enclosure other than that of its ownership, and whose owner is not known in the community or whose owner cannot be found.
History: L. 1945, ch. 226, § 1; June 28.
47-230. Taking up stray; notice, requirements; record of ownership and animal released, when; costs.
Any person may take up any stray found upon his premises, or upon any public thoroughfare adjoining thereto, and he shall report such taking up to the sheriff of the county in which the stray is taken up within twenty-four (24) hours after the taking up of such stray. In giving such notice, the taker-up shall describe said stray to the sheriff by stating the kind of animal, color, weight, size, sex and age, the marks, brands or other distinguishing features of the animal, if any there may be, the place where the animal is kept and the address of the taker-up. The sheriff upon being given such notice shall notify the state livestock commissioner and the owners of all registered brands found on said animal. If the sheriff and the livestock commissioner or his duly authorized representatives find and establish the ownership of said animal, a record to that effect shall be kept, and said animal shall be then released to the established owner: Provided, That said owner has paid all costs accrued in said stray proceeding and has paid to the taker-up reasonable compensation for keeping and feeding said stray, as determined and agreed to by both the sheriff and the state livestock commissioner or his authorized representative, together with the cost for any damage which said stray may have caused.
History: L. 1945, ch. 226, § 2; L. 1947, ch. 297, § 1; L. 1951, ch. 310, § 1; L. 1965, ch. 329, § 1; L. 1970, ch. 205, § 1; July 1.
47-232. Certification to court where controversy between adverse claimants; affidavits; testimony; order determining ownership and disposition of sale proceeds.
In the event that there are more than one claimant to any stray, and if a contest or controversy ensues as a result of adverse claimants, the sheriff shall certify the matter to the district court of the county in which the stray is taken up, and said court shall docket said matter in a proper docket supplied by the county. The claimants shall have ten (10) days following the date of the docketing of said matter to file affidavits in support of their several claims. The said court shall also have the right and authority to hear oral testimony at any reasonable time on notice to the claimants to determine the ownership of such stray. After any such hearing the said court shall enter a finding and order determining the ownership of said stray and directing the distribution of the proceeds from the sale of such stray animal.
History: L. 1945, ch. 226, § 4; L. 1970, ch. 205, § 4; L. 1976, ch. 145, § 201; Jan. 10, 1977.
47-236. Care of strays.
Any person taking up a stray as hereinbefore provided, shall feed and care for said stray and not injure or abuse it, and if any stray shall die while in the possession of the taker-up without fault of said taker-up, he shall not be responsible for said death or held liable for damages therefor.
History: L. 1945, ch. 226, § 8; June 28.
47-237. Penalties for unlawful acts.
If any person shall unlawfully take up any stray or fails to comply with the provisions of this act or uses or works such stray before giving notice or shall drive the same on any premises for the purpose of unlawfully taking up the same, or shall keep the same out of the county when taken up more than five days at one time before sale, he shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding one hundred dollars, or by imprisonment for not exceeding thirty days, or by both such fine and imprisonment.
History: L. 1945, ch. 226, § 9; June 28.
47-238. Same; advertising stray by sheriff; delivery of animal to market; sale; conditions.
After the sheriff has received notice of the taking up of any stray, and the ownership not having been established, the sheriff shall advertise such stray in the area where taken up, and shall cause the stray animal to be delivered to a public livestock market or to a terminal livestock market, and shall sell or cause said stray animal to be sold at such a market, to the highest bidder for cash: Provided, Such advertisement shall be at least seven (7) days before sale date, and such sale date shall be at least twenty-one (21) days after date the stray was reported to the sheriff.
History: L. 1970, ch. 205, § 2; July 1.
47-239. Same; publication notice for sale; contents; disposition of proceeds of sale; special stray fund; establishing of ownership within six months of sale.
The notice for the sale of the stray shall be published for one (1) issue in a publication or publications having general circulation in the area where said stray was taken up, which notice shall describe the stray animal by stating the kind, sex, age, and brands. The notice shall not contain any statement as to the color of the stray animal, or as to any marks or other distinguishing features, and it shall not contain the name or address of the taker-up of such animal. Out of the proceeds from the sale of said stray animal, the sheriff shall pay the taker-up of such animal, reasonable compensation for his keeping and feeding of the same, and the sheriff shall pay all costs of the stray proceedings. Any proceeds remaining in the hands of the sheriff after payment of feeding and sale costs, shall be paid by him to the treasurer of the county in which the stray animal was taken up. Such funds shall be placed by the county treasurer in a special stray fund.
At any time prior to the expiration to six (6) months following the date of such deposit with the county treasurer, a claimant may appear before the sheriff and submit evidence of ownership of said stray animal. If such evidence is acceptable and satisfactory to the sheriff and to the state livestock commissioner or his authorized representative, for purpose of establishing ownership of said stray animal, the sheriff shall direct the county treasurer to disburse the remainder of the proceeds from the sale of said stray animal to said claimant.
Upon the expiration of a period of six (6) months following the receipt of deposit of proceeds from the sale of any stray animal, without any such directive having been received from the sheriff, the county treasurer shall pay the remaining proceeds to the livestock commissioner to be remitted, deposited and credited as provided by K.S.A. 47-417a.
History: L. 1970, ch. 205, § 3; L. 1973, ch. 2, § 17; July 1.
CHAPTER 79.—TAXATION. ARTICLE 13.--ENUMERATION AND TAXATION OF DOGS.
79-1301. Dogs as personalty; rights and restraints.
A dog shall be considered as personal property and have all the rights and privileges and be subject to like lawful restraints as other livestock.
History: L. 1913, ch. 331, § 1; R.S. 1923, 79-1301; L. 1963, ch. 465, § 1; April 18.
Article 17.- PET ANIMAL ACT
47-1701. Definitions. As used in the Kansas pet animal act, unless the context otherwise
requires:
(a) “Adequate feeding” means supplying at suitable intervals (not to exceed 24 hours) of a quantity of wholesome foodstuff, suitable for the animal species and age, and sufficient to maintain a reasonable level of nutrition in each animal.
(b) “Adequate watering” means a supply of clean, fresh, potable water, supplied in a sanitary manner and either continuously accessible to each animal or supplied at intervals suitable for the animal species, not to exceed intervals of 12 hours.
(c) “Ambient temperature” means the temperature surrounding the animal.
(d)(1) “Animal” means any live dog, cat, rabbit, rodent, non-human primate, bird or other warm-blooded vertebrate or any fish, snake or other cold-blooded vertebrate.
(2) Animal does not include horses, cattle, sheep, goats, swine, ratites, domesticated deer or domestic fowl.
(e) “Animal breeder” means any person who operates animal breeder premises.
(f) “Animal breeder premises” means any premises where all or part of 6 or more litters of dogs or cats, or both, or 30 or more dogs or cats, or both, are sold, or offered or maintained for sale, primarily at wholesale for resale to another.
(g) “Animal shelter” or “pound” means a facility which is used or designed for use to house,contain, impound or harbor any seized stray, homeless, relinquished or abandoned animal or a person who acts as an animal rescuer, or who collects and cares for unwanted animals or offers them for adoption. Animal shelter also includes a facility of an individual or organization, profit or nonprofit, maintaining 20 or more dogs or cats or both, for the purpose of collecting, accumulating, amassing or maintaining the animals or offering the animals for adoption.
(h) “Cat” means an animal which is wholly or in part of the species Felis domesticus.
(i) “Commissioner” means the livestock commissioner appointed by the Kansas animal health board.
(j) “Dog” means any animal which is wholly or in part of the species Canis familiaris but does not include any greyhound, as defined by K.S.A. 74-8802 and amendments thereto.
(k) “Animal control officer” means any person employed by, contracted with or appointed by the state, or any political subdivision thereof, for the purpose of aiding in the enforcement of this law, or any other law or ordinance relating to the licensing or permitting of animals, control of animals or seizure and impoundment of animals, and includes any state, county or municipal law enforcement officer, dog warden, constable or other employee, whose duties in whole or in part include assignments which involve the seizure or taking into custody of any animal.
(l) “Euthanasia” means the humane destruction of an animal, which may be accomplished by any of those methods provided for in K.S.A. 47-1718 and amendments thereto.
(m)(1) “Hobby breeder premises” means any premises where all or part of 3,4 or 5 litters of dogs or cats, or both, are produced for sale or sold, offered or maintained for sale. This provision applies only if the total number of dogs or cats or both, sold, offered or maintained for sale is less than 30 individual animals.
(n) “Hobby breeder” means any person who operates a hobby breeder premises.
(o) “Housing facility” means any room, building or area used to contain a primary enclosure or enclosures.
(p) “Kennel operator” means any person who operates an establishment where four or more dogs or cats, or both, are maintained in any one-week for boarding, training or similar purposes for a fee or compensation.
(q) “Kennel operator premises” means the facility of a kennel operator.
(r) “License year” or “permit year” means the 12-month period ending on June 30.
(s) “Person” means any individual, association, partnership, corporation or other entity.
(t)(1) “Pet shop” means any premises where there are sold, or offered or maintained for sale, at retail and not for resale to another:
(A) Any dogs or cats, or both; or (B) any other animals except those which are produced and raised on such premises and are sold, or offered or maintained for sale, by a person who resides on such premises.
(2) Pet shop does not include: (A) Any pound or animal shelter; (B) any premises where only fish are sold, or offered or maintained for sale; or (C) any animal distributor premises, hobby breeder premises, retail breeder premises or animal breeder premises.
(3) Nothing in this section prohibits inspection of those premises which sell only fish to verify that only fish are being sold.
(u) “Pet shop operator” means any person who operates a pet shop.
(v) “Primary enclosure” means any structure used or designed for use to restrict any animal to a limited amount of space, such as a room, pen, cage, compartment or hutch.
(w) “Research facility” means any place, laboratory or institution, except an elementary school, secondary school, college or university, at which any scientific test, experiment or investigation involving the use of any living animal is carried out, conducted or attempted.
(x) “Sale,” “sell” and “sold” include transfers by sale or exchange. Maintaining animals for sale is presumed whenever 20 or more dogs or cats, or both, are maintained by any person.
(y) “Sanitize” means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health, at such intervals as necessary.
(z) “Animal distributor” means any person who operates an animal distributor premises.
(aa) “Animal distributor premises” means the premises of any person engaged in the business of buying for resale dogs or cats, or both, as a principal or agent, or who holds such distributor’s self out to be so engaged.
(bb) “Out-of-state distributor” means any person residing in a state other than Kansas, who is engaged in the business of buying for resale dogs or cats, or both, within the state of Kansas, as a principal or agent.
(cc) “Food animals” means rodents, rabbits, reptiles, fish or amphibians that are sold or offered or maintained for sale for the purpose of being consumed as food by other animals.
(dd)(1) “Adequate veterinary medical care” means:
(A) A documented program of disease control and prevention, euthanasia and routine veterinary care shall be established and maintained under the supervision of a licensed veterinarian, on a form provided by the commissioner, and shall include a documented on-site visit to the premises by the veterinarian at least once a year; and (B) that diseased, ill, injured, lame or blind animals shall be provided with veterinary care as is needed for the health and well-being of the animal.
(2) As used in the Kansas pet animal act, “adequate veterinary medical care” shall not apply to United States department of agriculture licensed animal breeders or animal distributors.
(ee) “Ratites” means all creatures of the ratite family that are not indigenous to this state, including but not limited to, ostriches, emus and rheas.
(ff) “Retail breeder” means any person who operates a retail breeder premises.
(gg) “Retail breeder premises” means any premises where all or part of six or more litters or 30 or more dogs or cats, or both, are sold, or offered or maintained for sale, primarily at retail and not for resale to another.
(hh) “Retail” means any transaction where the animal is sold to the final consumer.
(ii) “Wholesale” means any transaction where the animal is sold for the purpose of resale to another.
History: L. 1972, ch. 201, § 1; L. 1974, ch. 226, § 1; L. 1980, ch. 157, § 2; L. 1988, ch. 189, § 1; L. 1991, ch. 152, § 22; L. 1995, ch. 244, § 5; L. 1996, ch. 151, § 6; July 1.
47-1702. Animal distributor license. It shall be unlawful for any person licensed to act as or be an animal distributor unless such person has obtained from the commissioner an animal distributor license for each animal distributor premises operated by such person. Application for such license shall be made in writing on a form provided by he commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
History: L. 1972, ch. 201, § 2; L. 1980, ch. 156, § 7; L. 1986, ch. 197, § 6; L. 1988, ch. 189, § 2; L. 1996, ch. 151, § 7; July 1.
47-1703. Pet shop operator license. It shall be unlawful for any person to act as or be a pet shop operator unless such person has obtained from the commissioner a pet shop operator license for each pet shop operated by such person. Application for each such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
History: L. 1972, ch. 201, § 3; L. 1988, ch. 189, § 3; L. 1996, ch. 151, § 8; July 1.
47-1704. Pound or animal shelter license. It shall be unlawful for any person, to operate a pound or animal shelter, except a licensed veterinarian who operates such pound or animal shelter from such licensed veterinarian’s clinic, unless a license for such pound or shelter has been obtained from the commissioner. Application for such license shall be made on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
History: L. 1972, ch. 201, § 4; L. 1988, ch. 189, § 4; L. 1991, ch. 152, § 28; L. 1995, ch. 244, § 6; L. 1996, ch. 151, § 9; July 1.
47-1706. Refusal to issue or renew or suspension or revocation of license or permit; grounds; judicial review; seizure and disposition of animals, when.
(a) The commissioner may refuse to issue or renew or may suspend or revoke any license or permit required under K.S.A. 47-1701 et seq., and amendments thereto, for any one or more of the following reasons:
(1) Material misstatement in the application for the original license or permit, or in the application for any renewal of a license or permit; (2) willful disregard of any provision of the Kansas pet animal act or any rule and regulation adopted hereunder, or any willful aiding or abetting of another in the violation of any provision of the Kansas pet animal act or any rule and regulation adopted hereunder; (3) permitting any license or permit issued hereunder to be used by an unlicensed or unpermitted person or transferred to unlicensed or unpermitted premises; (4) the conviction of any crime relating to the theft of animals or a first conviction of cruelty to animals; (5) substantial misrepresentation; (6) misrepresentation or false promise, made through advertising, salespersons, agents or otherwise, in connection with the operation of business of the licensee or permittee; (7) fraudulent bill of sale; (8) the housing facility or the primary enclosure is inadequate; or (9) the feeding, watering, sanitizing and housing practices at the licensee's or permittee's premises are not consistent with the Kansas pet animal act or the rules and regulations adopted hereunder. (b) The commissioner shall refuse to issue or renew and shall suspend or revoke any license or permit required under K.S.A. 47-1701 et seq., and amendments thereto, for the second or subsequent conviction of cruelty to animals, K.S.A. 21-4310, and amendments thereto.
(c) Any refusal to issue or renew a license or permit, and any suspension or revocation of a license or permit, under this section shall be in accordance with the provisions of the Kansas administrative procedure act and shall be subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
(d) Whenever the commissioner denies, suspends or revokes a license or permit under this section, the commissioner or the commissioner's authorized, trained representatives shall seize and impound any animals in the possession, custody or care of the person whose license or permit is denied, suspended or revoked if there are reasonable grounds to believe that the animals' health, safety or welfare is endangered. Except as provided by K.S.A. 21-4311, and amendments thereto, such animals may be returned to the person owning them if there is satisfactory evidence that the animals will receive adequate care by that person or such animals may be sold, placed or euthanized, at the discretion of the commissioner. Costs of care and services for such animals while seized and impounded shall be paid by the person from whom the animals were seized and impounded, if that person's license or permit is denied, suspended or revoked. Such funds shall be paid to the commissioner for reimbursement of care and services provided during seizure and impoundment. If such person's license or permit is not denied, suspended or revoked, the commissioner shall pay the costs of care and services provided during seizure and impoundment.
Laws 1972, ch. 201, § 6; Laws 1988, ch. 189, § 7; Laws 1991, ch. 152, § 29; Laws 1996, ch. 151, § 10; Laws 2006, ch. 126, § 5.
47-1706a. Bond to prevent disposition of animals seized or impounded; approval; additional bond; notice.
(a) When an animal is seized or impounded pursuant to K.S.A. 47-1706, 47- 1707 or 47-1715, and amendments thereto, the owner or person who was in possession of the animal at the time such animal was seized or impounded may post a cash or security bond as provided in this section which shall prevent the sale, placement or euthanasia of the animal. Such cash or security bond shall be in an amount sufficient to pay for the animal's care and keeping for a period of at least 30 days, commencing on the date which the animal was seized or impounded. Any such security bond or any security bond as provided in subsection (b) shall be approved by the Kansas animal health department.
(b) Such bond shall be filed with the Kansas animal health department and shall be posted on or before the date of the disposition hearing or within ten days after the animal is seized or impounded, whichever is earlier. At the end of the time for which expenses are covered by the bond if the owner or person who was in possession of the animal at the time it was seized or impounded desires to prevent disposition of the animal, such owner or person shall post a new cash or security bond prior to the previous bond's expiration. At the end of the time for which expenses are covered by the bond, the animal may be sold, placed or euthanized.
(c) The authority seizing or impounding an animal shall give notice by delivering a copy of this section to a person residing on the property where the animal was seized or by posting a copy at the place where the animal was seized.
(d) Nothing in this section shall prevent the euthanasia at any time of an animal seized or impounded which is determined by a licensed veterinarian to be diseased or disabled beyond recovery for any useful purpose.
(e) This act is supplemental to and shall become a part of the Kansas pet animal act.
History: L. 2003, ch. 119, § 1; July 1.
47-1707. Administrative civil fine for violation of act; judicial review, seizure and disposition of animals, when.
(a) In addition to or in lieu of any other civil or criminal penalty provided by law, the commissioner, upon a finding that a person has violated or failed to comply with any provision of the Kansas pet animal act or any rule and regulation adopted hereunder, may impose on such person a civil fine not exceeding $1,000 for each violation or requirement to attend an educational course regarding animals and their care and treatment. If the commissioner imposes the educational course, such person may choose either the fine or the educational course. If such person chooses the fine, the commissioner shall establish the amount pursuant to the fine provisions of this section. The educational course shall be administered by the commissioner in consultation with Kansas state university college of veterinary medicine.
(b) Any imposition of a civil fine pursuant to this section shall be only upon notice and a hearing conducted in accordance with the Kansas administrative procedure act and shall be subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
(c) Whenever the commissioner has reasonable grounds to believe that a person or premises required to be licensed or permitted under the Kansas pet animal act has failed to comply with or has violated any provision of the Kansas pet animal act or any rule and regulation adopted hereunder and that the health, safety or welfare of animals in such person's possession, custody or care is endangered thereby, the commissioner shall seize and impound such animals using emergency adjudicative proceedings in accordance with the Kansas administrative procedure act. Except as provided by K.S.A. 21-4311, and amendments thereto, such animals may be returned to the person owning them if there is satisfactory evidence that the animals will receive adequate care by that person or such animals may be sold, placed or euthanized, at the discretion of the commissioner. Costs of care and services for such animals while seized and impounded shall be paid by the person from whom the animals were seized and impounded, if that person is found to be in violation of the Kansas pet animal act or any rules and regulations adopted hereunder. Such funds shall be paid to the commissioner for reimbursement of care and services provided during seizure and impoundment. If such person is not found to be in violation of the Kansas pet animal act or any rules and regulations adopted hereunder, the commissioner shall pay the costs of care and services provided during seizure and impoundment.
History: L. 1972, ch. 201, § 7; L. 1988, ch. 189, § 8; L. 1991, ch. 152, § 30; L. 1996, ch. 151, § 11; L. 2005, ch. 190, § 2; July 1.
47-1707a. Repealed.
47-1708. Judicial review of commissioner’s actions.
Any action of the commissioner pursuant to K.S.A. 47-1705 or 47-1706, and amendments thereto, is subject to review in accordance with the act for judicial review and civil enforcement of agency regulations.
History: L. 1972, ch. 201, § 8; L. 1986, ch. 318, § 71; July 1.
47-1709. Inspections and investigations; confidentiality of complaints; records of inspections.
(a) The commissioner or the commissioner's authorized, trained representatives shall make an inspection of the premises for which an application for an original license or permit is made under K.S.A. 47-1701 et seq., and amendments thereto, before issuance of such license or permit. The application for a license shall conclusively be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be licensed or permitted by the commissioner or the commissioner's authorized, trained representatives at reasonable times with the owner or owner's representative present. Refusal of such entry and inspection shall be grounds for denial of the license or permit. Notice need not be given to any person prior to inspection.
(b) The commissioner or the commissioner's authorized, trained representatives may make an inspection of each premises for which a license or permit has been issued under K.S.A. 47-1701 et seq., and amendments thereto. If such premises are premises of a person licensed or permitted under public law 91- 579 (7 U.S.C. § 2131 et seq.), such premises may be inspected at least once each year. Otherwise, the premises may be inspected at least twice each year. The acceptance of a license or permit shall conclusively be deemed to be the consent of the licensee or permittee to the right of entry and inspection of the licensed or permitted premises by the commissioner or the commissioner's authorized, trained representatives at reasonable times with the owner or owner's representative present. Refusal of such entry and inspection shall be grounds for suspension or revocation of the license or permit. Notice need not be given to any person prior to inspection.
(c) The commissioner or the commissioner's authorized, trained representatives shall make inspections of the premises of a person required to be licensed or permitted under K.S.A. 47-1701 et seq., and amendments thereto, upon a determination by the commissioner that there are reasonable grounds to believe that the person is violating the provisions of K.S.A 47-1701 et seq., and amendments thereto, or rules and regulations adopted thereunder or that there are grounds for suspension or revocation of such person's license or permit.
(d) Any complaint filed with the commissioner shall be confidential and shall not be released to any person other than employees of the commissioner as necessary to carry out the duties of their employment.
(e) Any person making inspections under this section shall be trained by the commissioner in reasonable standards of animal care.
(f) The commissioner may request a licensed veterinarian to assist in any inspection or investigation made by the commissioner or the commissioner's authorized representative under this section.
(g) Any person acting as the commissioner's authorized representative for purposes of making inspections and conducting investigations under this section who knowingly falsifies the results or findings of any inspection or investigation or who intentionally fails or refuses to make an inspection or conduct an investigation pursuant to this section shall be guilty of a class A nonperson misdemeanor.
(h) No person shall act as the commissioner's authorized representative for the purposes of making inspections and conducting investigations under this section if such person has a beneficial interest in a person required to be licensed or permitted pursuant to K.S.A. 47-1701 et seq., and amendments thereto.
(i) Records of inspections pursuant to this section shall be maintained in the office of the Kansas animal health department. Records of a deficiency or violation shall not be maintained for longer than three years after the deficiency or violation is remedied.
(j) The commissioner shall, in consultation with Kansas state university college of veterinary medicine: (1) Continue procedures to provide for pet animal training or updated training for authorized trained representatives who inspect premises under the pet animal act and to allow the owners of such facilities licensed or permitted under the pet animal act to attend and participate at the training workshops for the authorized trained representatives; and (2) make available to such owners and other interested persons an inspection handbook describing the duties and responsibilities of such authorized trained representatives.
History: L. 1972, ch. 201, § 9; L. 1988, ch. 189, § 9; L. 1991, ch. 152, § 31; L. 1996, ch. 151, § 12; L. 2005, ch. 190, § 3; July 1.
47-1710. Release or disposition of animals from pound or animal shelter; use of proceeds from animal shelter
(a) An animal shall not be disposed of by an operator of a pound or an operator of an animal shelter as a pound until after expiration of a minimum of three full days of custody during which the public has clear access to inspect and recover the animal through time periods ordinarily accepted as usual business hours. During such time of custody, any owner or operator of such facility shall attempt to notify the owner or custodian of any animal maintained or impounded by such facility if such owner or custodian is known or reasonably ascertainable. Such an animal may at any time be released to the legal owner, moved to a veterinary hospital for treatment or observation, released in any manner, if such animal was a gift animal to an animal shelter, or euthanized by a duly incorporated humane society or by a licensed veterinarian if it appears to an officer of such humane society or to such veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose.
(b) After the expiration of the holding period established in subsection (a), the governing body of a political subdivision regulating the operation of a pound shall have ownership of such animal and shall determine the method of disposition of any animal. Any pound releasing live animals to prospective owners shall comply with the provisions set out in K.S.A. 47-1731, and amendments thereto. Any proceeds derived from the sale or other disposition of such animals shall be paid directly to the treasurer of the political subdivision, and no part of such proceeds shall accrue to any individual.
(c) After the expiration of the holding period established in subsection (a), the board of directors of any humane society operating an animal shelter as a pound, shall have ownership of such animal and shall determine the method of disposition of any animal. Any animal shelter releasing live animals to prospective owners shall comply with the provisions established in K.S.A. 47-1731, and amendments thereto. Any proceeds derived from such sale or disposition shall be paid directly to the treasurer of the humane society and no part of such proceeds shall accrue to any individual.
History: L. 1972, ch. 201, § 10; L. 1977, ch. 116, § 5; L. 1995, ch. 244, § 7; L. 1996, ch. 151, § 13; L. 2000, ch. 31, § 1; July 1.
47-1711. Dog warden; license as or employment by animal dealer or pet shop operator prohibited; record of taking custody and disposition.
An animal control officer shall not be granted an animal distributor’s, retail breeder’s, hobby breeder’s or a pet shop operator’s license.
Each application for any such license shall include a statement that neither the applicant nor any of the applicant’s employees is an animal control officer. An animal control officer, upon taking custody of any animal in the course of such officer’s official duties, shall immediately make a record which shall include the color, breed, sex, approximate weight and other description of the animal, the reason for seizure, the location of seizure, the owner’s name and address, if known, the animal license number, and any other identification number. Complete information relating to the disposition of the animal shall be shown on the record; this shall be added immediately following the disposition of the animal.
History: L. 1972, ch. 201, § 11; L. 1996, ch. 151, § 14; July 1.
47-1712. Rules and regulations.
(a) The commissioner is hereby authorized to adopt rules and regulations for licensees and permittees. Such rules and regulations shall include, but not be limited to, provisions relating to: (1) Reasonable treatment of animals in the possession, custody or care of a licensee or permittee or being transported to or from licensed or permitted premises;
(2) a requirement that each licensee and permittee file with the commissioner evidence that animals entering or leaving the state are free from any visible symptoms of communicable disease; (3) identification of animals handled; (4) primary enclosures; (5) housing facilities; (6)sanitation; (7) euthanasia; (8) ambient temperatures; (9) feeding; (10) watering; (11) adequate veterinary medical care; (12) inspections of licensed or permitted premises, investigations of complaints and training of persons conducting such inspections and complaints; and (13) a requirement that each licensee or permittee keep and maintain, for inspection by the commission, such records as necessary to administer and enforce the provisions of the Kansas pet animal act.
(b) The commissioner shall only adopt as rules and regulations for United States department of agriculture licensed animal distributors and animal breeders, and animal breeder and animal distributor premises and the rules and regulations promulgated by the secretary of the United States department of agriculture, cited at 9 C.F.R. 3.1 through 3.12, pursuant to the provisions of the United States public law 91-579 (7 U.S.C. Sec. 2131 et seq.), commonly known as the animal welfare act.
(c) Notwithstanding any provision in section (b), the Commissioner may adopt a requirement that each licensee and permittee file with the commissioner evidence that animals entering or leaving the state are free from any visible symptoms of communicable disease.
History: L. 1972, ch. 201, § 12; L. 1988, ch. 189, § 10; L. 1991, ch. 152, § 32; L. 1995, ch. 244, § 8; L. 1996, ch. 151, § 15; July 1.
47-1713. Prohibiting the sale or gift of certain animals.
The commissioner may prohibit the sale or gift of animals which constitute a hazard to human health or safety or to animal health or safety.
History: L. 1972, ch. 201, § 13; L. 1996, ch. 151, § 16; July 1.
47-1714. Repealed.
47-1715. Violation of act or rules and regulations; penalty; seizure and disposition of animals, when.
(a) Any violation of or failure to comply with any provision of the Kansas pet animal act, or any rule and regulation adopted hereunder, shall constitute a class A non-person misdemeanor. Continued operation, after a conviction, shall constitute a separate offense for each day of operation.
(b) Upon a conviction of a person for any violation of the Kansas pet animal act, or any rule and regulation adopted hereunder, the court shall order the commissioner to seize and impound any animals in the convicted person’s possession, custody or care if there are reasonable grounds to believe that the animals’ health, safety or welfare is endangered. Except as provided by K.S.A. 21-4311, and amendments thereto, such animals may be returned to the person owning them if there is satisfactory evidence that the animals will receive adequate care by that person or such animals may be sold, placed or euthanized, at the discretion of the commissioner. Costs of care and services for such animals while seized and impounded shall be paid by the convicted person. Such funds shall be paid to the commissioner for reimbursement of care and services provided during seizure and impoundment. If the person is not convicted, the commissioner shall pay the costs of care and services provided during seizure and impoundment.
History: L. 1972, ch. 201, § 15; L. 1988, ch. 189, § 11; L. 1991, ch. 152, § 33; L. 1996, ch. 151, § 17; July 1.
47-1716. Repealed.
47-1717. Invalidity of part.
If any provision of this act, or the application of any such provision to any person or circumstance, shall be held invalid, the remainder of the act, and the application of any such provision to any person or circumstance other than those as to which it is held invalid, shall not be affected thereby.
History: L. 1972, ch. 201, § 17; July 1.
47-1718. Euthanasia, approved methods.
(a) No animal shall be euthanized by any animal control officer, licensee, permittee, officer of an animal shelter or officer of a pound by any means, method, agent or device, or in any way, except through the most current, approved euthanasia methods established by the American veterinary medical association panel on euthanasia.
History: L. 1980, ch. 157, § 3; L. 1996, ch. 151, § 18; July 1.
47-1719. Hobby breeder license.
(a) It shall be unlawful for any person to act as or be a hobby breeder unless such person has obtained from the commissioner a hobby breeder license.
Application for such license shall be made in writing on a form provided by the commissioner.
The license period shall be for the license year ending on June 30 following the issuance date.
History: L. 1988, ch. 189, § 5; L. 1996, ch. 151, § 19; July 1.
47-1720. Research facility license.
(a) It shall be unlawful for any person to operate a research facility unless such person has obtained from the commissioner a research facility license. Application for such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
History: L. 1988, ch. 189, § 6; L. 1996, ch. 151, § 20; July 1.
47-1721. License and permit fees; costs of inspection; disposition of moneys. (a) Each application for issuance or renewal of a license or permit or required under K.S.A. 47-1701 et seq. and amendments thereto shall be accompanied by the fee prescribed by the commissioner under this section. Such fees shall be as follows:
(a) Each application for issuance or renewal of a license or permit required under K.S.A. 47-1701 et seq. , and amendments thereto, shall be accompanied by the fee prescribed by the commissioner under this section. Such fees shall be as follows:
(1) Except as provided in paragraph (5) or (6), for a license for premises of a person licensed under public law 91-579 (7 U.S.C. § 2131 et seq.), an amount not to exceed $200;
(2) except as provided in paragraph (5) or (6), for a license for any other premises, an amount not to exceed $405;
(3) for a temporary closing permit, an amount not to exceed $95;
(4) for an out-of-state distributor permit, an amount not to exceed $675;
(5) for a hobby breeder license or a kennel operator license an amount not to exceed $95;
(6) for a license for an animal shelter or a pound, an amount not to exceed $300; and
(7) a late fee of $70 shall be assessed to any person whose permit or license renewal is more than 45 days' late.
(b) The commissioner shall determine annually the amount necessary to carry out and enforce K.S.A. 47-1701 et seq., and amendments thereto, for the next ensuing fiscal year and shall fix by rules and regulations the license and permit fees for such year at the amount necessary for that purpose, subject to the limitations of this section. In fixing such fees, the commissioner may establish categories of licenses and permits, based upon the type of license or permit, size of the licensed or permitted business or activity and the premises where such business or activity is conducted, and may establish different fees for each such category. The fees in effect immediately prior to the effective date of this act shall continue in effect until different fees are fixed by the commissioner as provided by this subsection.
(c) If a licensee, permittee or applicant for a license or permit requests an inspection of the premises of such licensee, permittee or applicant, the commissioner shall assess the costs of such inspection, as established by rules and regulations of the commissioner, to such licensee, permittee or applicant.
(d) No fee or assessment required pursuant to this section shall be refundable.
(e) The commissioner shall remit all moneys received by or for the commissioner under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the animal dealers fee fund, which is hereby created in the state treasury. Moneys in the animal dealers fee fund may be expended only to administer and enforce K.S.A. 47-1701 et seq., and amendments thereto. All expenditures from the animal dealers fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the Kansas livestock commissioner or the commissioner's designee.
(f) Premises required to be licensed under the Kansas pet animal act shall not be required to pay for more than one license. If more than one operation is ongoing at the premises, each operation shall comply with the applicable statutes and rules and regulations pertaining to such operation.
(g) Except as provided further, when a premises required to be licensed or permitted under the Kansas pet animal act applies for an initial license or permit, the commissioner shall prorate to the nearest whole month the license or permit fee established in subsection (a). The commissioner shall have discretion to determine whether the application is an initial application or an application for a premises which has been doing business but is not licensed or permitted. If the commissioner determines the premises has been doing business without a license or permit, the commissioner is not required to prorate the fee.
(h) This section shall be part of and supplemental to K.S.A. 47-1701 et seq., and amendments thereto.
History: L. 1988, ch. 189, § 12; L. 1991, ch. 152, § 23; L. 1996, ch. 151, § 21; L. 2001, ch. 5, § 172; L. 2005, ch. 190, § 1; July 1.
47-1722. Repealed.
47-1723. Kennel operator license.
(a) It shall be unlawful for any person, except a licensed veterinarian, to act as or be a kennel operator unless such person has obtained from the commissioner a kennel operator license for each premise operated by such person. Application for such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
History: L. 1991, ch. 152, § 21; L. 1996, ch. 151, § 22; July 1.
47-1724. Unlawful to purchase from person not licensed or permitted.
(a) It shall be unlawful for any person to knowingly purchase a dog or a cat for the purpose of resale to another from a person required to be licensed or permitted under public law 91-579, 7 U.S.C. 2131 et seq., or K.S.A. 47-1701 et seq., and amendments thereto, or both, if that person is not so licensed or permitted.
(b) It shall also be unlawful for licensees to knowingly sell to out-of-state distributors, animal distributors or pet shops operating within the state who are not licensed in accordance with the Kansas pet animal act.
History: L. 1991, ch. 152, § 24; L. 1996, ch. 151, § 23; July 1.
47-1725. Kansas pet animal advisory board; duties and powers.
(a) There is hereby created the Kansas pet animal advisory board, consisting of 10 members. Members shall be appointed by the governor as follows:
(1) One member shall be a representative of a licensed animal shelter or pound;
(2) one member shall be an employee of a licensed research facility;
(3) one member shall be a licensed animal breeder;
(4) one member shall be a licensed retail breeder;
(5) one member shall be a licensed pet shop operator;
(6) one member shall be a licensed veterinarian and shall be selected from a list of three names presented to the governor by the Kansas veterinary medical association;
(7) one member shall be a private citizen with no link to the industry;
(8) one member shall be a licensed animal distributor;
(9) one member shall be a licensed hobby breeder; and
(10) one member shall be a licensed kennel operator.
(b) Of the members first appointed to the board, the governor shall designate three whose terms shall expire June 30, 1992; three whose terms shall expire June 30, 1993; and three whose terms shall expire June 30, 1994. After the expiration of such terms, each member shall be appointed for a term of three years and until a successor is appointed and qualified.
(c) A vacancy on the board of a member shall be filled for the unexpired term by appointment by the governor.
(d) The board shall meet at least once every calendar quarter regularly or at such other times as the chairperson or a majority of the board members determine. A majority of the members shall constitute a quorum for conducting board business.
(e) The members of the board shall annually elect a chairperson.
(f) The board shall have the following duties, authorities and powers:
(1) To advise the Kansas livestock commissioner on hiring a director to implement the Kansas pet animal act.
(2) to review the status of the Kansas pet animal act;
(3) to make recommendations on changes to the Kansas pet animal act; and
(4) to make recommendations concerning the rules and regulations for the Kansas pet animal act.
(g) Board members who are required to be licensed except retail breeders shall be affiliated with or a member of an organized pet animal association which is representative of the position such person will hold on the board.
(h) Upon the effective date of this act, the governor shall appoint a licensed kennel operator.
When the current board members’ terms expire, the governor shall appoint persons or representatives in accordance with this section.
History: L. 1991, ch. 152, § 25; L. 1996, ch. 151, § 24; July 1.
47-1726. Citation and purpose of act.
K.S.A. 47-1701 through 47-1721, K.S.A. 47-1723 through 47-1727, 47-1731 and K.S.A. 1996 Supp. 47-1732 through 47-1736 and amendments thereto, shall be known and may be cited as the Kansas pet animal act. This act shall license, permit and regulate the conditions of certain premises and facilities within the state of Kansas where animals are maintained, sold or offered or maintained for sale.
History: L. 1991, ch. 152, § 26; L. 1996, ch. 151, § 25; July 1.
47-1727. Injunctive relief to commissioner.
Notwithstanding the existence or pursuit of any other remedy, when it appears to the commissioner, as head of the licensing and permitting agency, that any person is violating any provisions of the Kansas pet animal act, the commissioner may in that capacity bring an action in a court of competent jurisdiction or other process against such person to enjoin, restrain or prevent such person from continuing operation in violation of the Kansas pet animal act without regard to whether administrative proceedings have been or may be instituted or whether criminal proceedings may be or have been instituted.
History: L. 1991, ch. 152, § 27; L. 1996, ch. 151, § 26; July 1.
47-1728 to 47-1730. Reserved.
47-1731: Dogs and cats; spaying or neutering required, when.
(a) No dog or cat may be transferred to the permanent custody of a prospective owner by a pound or animal shelter, as defined by K.S.A. 47-1701 and amendments thereto, or by a humane society, unless:
(1) Such dog or cat has been surgically spayed or neutered before the physical transfer of the animal occurs; or
(2) the prospective owner signs an agreement to have the dog or cat spayed or neutered and deposits with the pound, or animal shelter funds not less than the lowest nor more than the highest cost of spaying or neutering in the community. Any funds deposited pursuant to such an agreement shall be refunded to such person upon presentation of a written statement signed by a licensed veterinarian that the dog or cat has been spayed or neutered. If such person does not reclaim the deposit within six months after receiving custody of the animal, the pound or shelter shall keep the deposit and may reclaim the unspayed or unneutered animal.
(b) No person shall spay or neuter any dog or cat for or on behalf of a pound or animal shelter unless such person is a licensed veterinarian or a student currently enrolled in the college of veterinary medicine, Kansas state university, who has completed at least two years of study in the veterinary medical curriculum and is participating in a spay or neuter program as part of the curriculum under the direct supervision of a licensed veterinarian who is a faculty member at the Kansas state university veterianry medical center. The spay or neuter program shall only be conducted at the surgery clinic at the Kansas state university medical center in Manhattan, Kansas. No pound or animal shelter shall designate the veterinarian which a person must use, or a list from which a person must select a veterinarian, to spay or neuter a dog or cat transferred by such person from such pound or animal shelter. Any premises located in the state of Kansas where spaying, neutering or any other practice of veterinary medicine occurs shall register such premises with the board of veterinary examiners.
(c) With the written approval of the livestock commissioner, any pound or shelter may use an innovative spay or neuter program not precisely meeting the requirements of section (a)(2), if pound or shelter can prove to the commissioner that it is actively enforcing the spaying and neutering requirements set forth in this statute.
(d) Nothing in this section shall be construed to require sterilization of a dog or cat which is being held by a pound or animal shelter and which may be claimed by its rightful owner within the holding period established by K.S.A. 47-1710, and amendments thereto.
(e) The Livestock Commissioner shall promulgate rules and regulations as may be necessary to carry out the provisions of this section.
History: L. 1988, ch. 185, § 1; L. 1993, ch. 59, § 1; L. 1995, ch. 244, § 9; L. 1996, ch. 151, § 27; L. 2000, ch. 31, § 2; July 1.
47-1732. Temporary closing permit; application; effective date; renewal.
(a) Any licensee, or permit holder required to be licensed or obtain a permit under the Kansas pet animal act, who is in the process of ceasing to do business on July 1, may be issued a temporary closing permit at the discretion of the commissioner.
(b) Application for such permit shall be made in writing on a form provided by the commissioner.
(c) The permit will be effective for 30 days. During the 30-day period, the licensee or permit holder shall be required to comply with the Kansas pet animal act and all rules and regulations adopted thereunder. By accepting such permit, the licensee or permit holder agrees to allow an inspection of the facility at the end of the 30-day period to certify that the operation has ceased business. The licensee or permit holder shall provide records as to the disposition of the animals to the commissioner upon request.
(d) The permit may be renewed, at the discretion of the commissioner, for an additional 30-day period.
History: L. 1996, ch. 151, § 1; July 1.
47-1733. Animal breeder license.
(a) It shall be unlawful for any person to act as or be an animal breeder unless such person has obtained from the commissioner an animal breeder license for each animal breeder premises operated by such person. Application for each such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
(b) This section shall be part of and supplemental to the Kansas pet animal act.
History: L. 1996, ch. 151, § 2; July 1.
47-1734. Out-of-state distributor permit.
(a) It shall be unlawful for any person to act as or be an out-of-state distributor of dogs or cats, or both, unless such person has obtained from the commissioner an out-of-state distributor permit. Application for each such permit shall be made in writing on a form provided by the commissioner. The permit period shall be for the permit year ending on June 30 following the issuance date.
(b) This section shall be part of and supplemental to the Kansas pet animal act.
Laws 1996, ch. 151, § 3.
47-1735. Unlawful to interfere with a representative of the animal health department.
(a) A licensee, permittee or applicant for a license or permit shall not interfere with, hinder, threaten or abuse, including verbal abuse, any representative or employee of the animal health department who is carrying out such representative’s or employee’s duties under the provision of the Kansas pet animal act.
(b) This section shall be part of and supplemental to the Kansas pet animal act.
History: L. 1996, ch. 151, § 4; July 1.
47-1736. Retail breeder license.
(a) It shall be unlawful for any person to act as or be a retail breeder unless such person has obtained from the commissioner a retail breeder license for each retail breeder premises operated by such person. Application for each such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
(b) This section shall be part of and supplemental to the Kansas pet animal act.
History: L. 1996, ch. 151, § 5; July 1.
47-1737. Severability clause.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1996, ch. 151, § 28; July 1.
ARTICLE 18
ANIMAL FACILITY INSPECTION PROGRAM
LICENSE AND REGISTRATION FEES
K. A. R. 9-18-1 Fees.
Each applicant for a license and each registrant under K.S.A. 47-1701 et seq., and any amendments thereto shall pay the appropriate application fee as set forth below:
(a) License for animal breeder premises of a person licensed under 7 U.S.C. § 2131 et seq. $150.00;
(b) License for animal breeder premises of a person not licensed under 7 U.S.C. § 2131 et seq. $300.00;
(c) License for a pound or shelter $200.00;
(d) License for a retail breeder licensed under 7 U.S.C. § 2131 et seq. $150.00;
(e) License for a retail breeder not licensed under 7 U.S.C. § 2131 et seq. $300.00;
(f) License for an operator of a temporary pet shop not licensed under 7 U.S.C. § 2131 et seq.
(1) 1-2 sale days during license year $50.00;
(2) 3-4 sale days during license year $75.00;
(3) 4-6 sale days during license year $100.00;
(4) 7-12 sale days during license year $200.00;
(g) License for an operator of a temporary pet shop licensed under 7 U.S.C. § 2131 et seq.
(1) 1-2 sale days during license year $50.00;
(2) 3-4 sale days during license year $75.00;
(3) 4-6 sale days during license year $100.00;
(4) 7-12 sale days during license year $125.00;
(h) License for an operator of a pet shop licensed under 7 U.S.C. § 2131 et seq. $150.00;
(i) License for an operator of a pet shop not licensed under 7 U.S.C. § 2131 et seq. $300.00;
(j) License for an operator of a research facility licensed under 7 U.S.C. § 2131 et seq. $150.00;
(k) License for an operator of a research facility not licensed under 7 U.S.C. § 2131 et seq. $300.00;
(l) License for a hobby breeder or boarding kennel operator $75.00;
(m) License for an animal distributor licensed under 7 U.S.C. § 2131 et seq. $150.00;
(n) License for an animal distributor not licensed under 7 U.S.C. § 2131 et seq. $300.00;
(o) Out-of-state distributor permit licensed under 7 U.S.C. § 2131 et seq. $150.00;
(p) Out-of-state distributor permit not licensed under 7 U.S.C. § 2131 et seq. $300.00;
(q) License for a foster home shelter $10.00;
(r) License for a rescue home shelter $50.00;
(s) License for group home shelter $50.00
(t) Temporary closing permit for a hobby breeder or kennel operator $25.00
(u) Temporary closing permit for a pound or shelter, animal breeder, animal distributor, retail breeder, pet shop or research facility $75.00
K.A.R. 9-18-2. Inspections of premises.
(a) Each premises that is licensed or is required to be licensed under K.S.A. 47-1701 et seq. and amendments thereto, which is known as the Kansas pet animal act, shall be subject to routine inspections by the commissioner or any of the commissioner's authorized representatives to determine compliance with the act and all regulations.
(b) In addition to the routine inspections, any of the premises may be subject to one or more further inspections under any of the following circumstances:
(1) A violation was found in a previous inspection.
(2) A complaint is filed regarding the premises.
(3) The ownership of the premises changed in the previous year.
(4) The license for the premises was not renewed on a timely basis.
(c) Inspections shall be made only on Monday through Friday, between the hours of 7:00 a.m. and 7:00 p.m., except that inspections may be conducted at alternate times, upon the agreement of all interested persons or entities.
(d) If the owner or operator of the premises is not routinely available between the hours of 7:00 a.m. and 7:00 p.m., the owner or operator shall designate a representative who will be present while the inspection is conducted and shall notify the commissioner in writing of the name of the designated representative. The designated representative shall be 18 years of age or older. The owner or operator shall notify the commissioner in writing of any new representative who is designated to be present during inspections.
(e) Inspections shall be made by the livestock commissioner or any employee, representative, or agent of the commissioner who the commissioner determines is trained in reasonable standards of animal care.
K.A.R. 9-18-3. Inspection generated by a complaint.
(a) Each premises that is licensed or is required to be licensed under K.S.A. 47-1701 et seq. and amendments thereto, which is known as the Kansas pet animal act, shall be subject to inspections by the commissioner or any of the commissioner’s authorized, trained representatives as needed to investigate any specific complaint filed with the department regarding any violation of these regulations or other violations of this act.
(b) Inspections to investigate an unlicensed facility or to determine whether a licensed facility is in violation of these regulations or the act shall be conducted only on Monday through Friday, between the hours of 7:00 a.m. and 7:00 p.m., except as follows:
(1) Inspections to investigate allegations of violations adversely affecting the health, safety, and welfare of the animals may be conducted on any day of the week.
(2) Inspections may be conducted at alternate times, upon the agreement of all interested persons or entities.
(c) Inspections shall be made by the livestock commissioner or any employee, representative, or agent of the department who the commissioner determines is trained in reasonable standards of animal care.
(d) Inspections may be conducted without notice to the owner or operator of the premises.
ARTICLE 19
ANIMAL BREEDERS AND DISTRIBUTORS; FACILITY STANDARDS,
ANIMAL HEALTH, HUSBANDRY, AND OPERATIONAL STANDARDS
K.A.R. 9-19-1. Revoked October 31, 2003.)
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K.A.R. 9-19-2 through K.A.R. 9-19-11. Revoked Oct. 31, 2003.)
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K.A.R. 9-19-12. Adoption by reference.
Each animal breeder and each animal distributor shall comply with 9 C.F.R. 3.1 through 3.12, as in effect on January 1, 2003, which are hereby adopted by reference with the following modifications, deletions, and additions:
(a) All references to “the administrator,” “APHIS,” “pertinent funding federal agency,” and “USDA officials” shall be deemed to refer to the commissioner.
(b) All references to “dealer” or “dealers” and to “exhibitor” or “exhibitors” shall be deemed to refer to animal breeders and animal distributors.
(c) All references to “research facility,” “research facilities,” “federal research facilities,” and “research needs,” shall be deleted.
(d) 9 C.F.R. 3.5 shall be deleted.
(e) Paragraphs (b)(5) and (c)(3) of 9 C.F.R. 3.6 shall be deleted.
(f) Paragraphs (b)(1) and (d)(2) of 9 C.F.R. 3.8 shall be deleted.
K.A.R. 9-20-1. Facilities.
(a) Structures.
(1) Each pet shop shall:
(A) Be constructed of material that will provide for the establishment of a sound structure;
(B) be maintained in good repair; and
(C) protect animals housed inside from injury.
(2) Water and electrical power shall be available in each pet shop facility.
(3) Space shall be supplied in each pet shop to store the provisions necessary to adequately operate the pet shop.
(b) Operational procedures.
(1) Removal and disposal of animal, and all other food wastes, bedding, dead animals, and debris shall be done on a regular basis and at reasonable intervals. The disposal of these waste materials shall comply with federal, state and local laws and regulations relating to pollution control.
(2) The temperature for a pet shop shall be regulated by heating and cooling to sufficiently protect each animal housed inside from extremes of temperatures. Temperatures shall not be allowed to fall below or rise above ranges which would cause discomfort or health hazards to any animal.
(3) Ventilation for a pet shop shall be provided at all times by natural or mechanical means. Each pet shop facility shall be operated to provide fresh air by means of windows, vents, fans or air conditioning. Ventilation shall be established to minimize drafts, odors and moisture condensation.
(4) Each pet shop shall be provided with uniformly distributed lighting. Lighting shall be in an amount sufficient to permit routine inspection and cleaning and be arranged so that each animal is protected from excessive illumination.
(5) Each pet shop shall be provided with a drainage system which will effectively eliminate excess water from the pet shop unit. If drains are used, they shall be constructed in such a manner to avoid all foul odors and any backup of sewage. Drainage systems shall comply with federal, state and local laws and regulations relating to pollution control.
(c) Pens.
(1) Each pet shop shall be constructed to prevent the overheating and discomfort of any animal. Shade shall be supplied either by natural or artificial means. Each pet shop shall be constructed of acceptable materials and maintained in strict sanitary condition.
(2) Each pet shop shall be constructed and maintained so as to provide sufficient space for each animal housed and to permit normal postural and social adjustments, with freedom of movement for each animal.
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K.A. R. 9-20-2. Animal health and husbandry standards.
(a) Animal food shall be wholesome, palatable, free from contamination and of nutritional value sufficient to maintain each animal in good health.
(b) Food receptacles shall be in sufficient number, of adequate size and so located as to enable each animal, in the enclosure to be supplied with an adequate amount of food. Food receptacles shall be kept clean and sanitary.
(c) Excreta shall be removed from each enclosure as often as necessary:
(1) to prevent contamination of the animals, contained therein;
(2) to prevent disease hazards; and
(3) to reduce odors. Cages, rooms and pens which contain any animal having any infectious or transmissible disease shall be washed each day, and after each occupancy, with hot water and detergent. Effective disinfectant shall be applied as an incident of each washing.
(d) An effective program for the control of insects, ectoparasites and other pests shall be provided and maintained.
(e) A program for disease prevention, parasite control, euthanasia and adequate veterinarian care shall be provided and maintained under the supervision of a veterinarian. Each animal, shall be observed each day by the person in charge of the pet shop or by someone working under their direct supervision.
(f) Each animal shall be handled in a manner which will not cause discomfort, stress or physical harm to that animal.
(g) Water and food shall be provided to each animal at least once during each 24 hour period.
Any animal with the nutritional need or disease condition shall be fed more frequently.
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K.A.R. 9-20-3. Records.
Each operator of a pet shop shall keep and maintain records for each animal purchased, acquired, held, transported, sold, or otherwise disposed of. The records shall include the following: (a) The name and address of the person from whom each animal was acquired.
(b) The date each animal was acquired.
(c) A description of each animal showing age, size, color marking, sex, breed and any vaccinational information available. Records shall also include any other significant identification for each animal including any official tag number or tattoo.
(d) The name and address of the person to whom any animal is sold, given, bartered or to whom otherwise delivered. The record shall show the method of disposition.
K.A.R. 9-20-4. Prohibiting the sale or gift of certain animals.
(a) A pet shop shall not sell any reptiles, offer any reptiles for sale, or offer any reptiles as a gift or promotional consideration unless a notice regarding safe reptile-handling practices and meeting the requirements subsection (b) is prominently posted or displayed at each location in the pet shop where the reptiles are displayed, housed, or held.
(b) Each notice regarding safe reptile-handling practices shall be one of the following: a notice provided at no charge by the animal health department upon the request of any pet shop, any noticed created by the center of disease control and prevention, or a notice that meets the following standards:
(1) The dimensions of each notice shall be a minimum of 8.5 inches by 11 inches and shall use one or more typefaces or fonts that are clearly visible and readily draw attention to the notice.
(2) At a minimum, the notice shall contain the following statements:
(A) “As with many other animals, reptiles carry salmonella bacteria, which can make people sick. To reduce the chance of infection, follow these safe reptile-handling steps.”
(B) “Always wash your hands thoroughly after you handle your pet reptile, its food, and anything it has touched.”
(C) “Keep your pet reptile and its equipment out of the kitchen or any area where food is prepared.”
(D) “Don’t nuzzle or kiss your pet reptile.”
(E) “Keep reptiles out of homes where there are children under one year of age or people with weakened immune systems. Children under five should handle reptiles only with adult or parental guidance. And they should always remember to wash their hands afterwards.”
(c) A pet shop shall not possess, sell, offer for sale, or offer as a gift or promotional consideration any skunk, raccoon, fox, or coyote.”
ARTICLE 21 -- ANIMAL RESEARCH FACILITY
K.A.R. 9-21-1. Animal research facilities.
(a) Structures.
(1) Each animal research facility shall:
(A) Be constructed of material that will provide for the establishment of a sound structure:
(B) be maintained in good repair; and
(C) protect animals housed inside from injury.
(2) Water and electrical power shall be available in each animal research facility.
(3) Space shall be supplied in each animal research facility to store the provisions necessary to adequately operate each such unit.
(b) Operational procedures.
(1) Removal and disposal of animal, and all other food wastes, bedding, dead animals, and debris shall be done on a regular basis and at reasonable intervals. The disposal of these waste materials shall comply with federal, state and local laws and regulations relating to pollution control.
(2) The temperature for an indoor animal research facility shall be regulated by heating and cooling to sufficiently protect each animal housed inside from extremes of temperatures.
Temperatures shall not be allowed to fall below or rise above ranges which would cause discomfort or health hazards to any animal.
(3) Ventilation for an animal research facility shall be provided at all times by natural or mechanical means. Each animal research facility shall be operated to provide fresh air by means of windows, doors, vents, fans or air conditioning. Ventilation shall be established to minimize drafts, odors and moisture condensation.
(4) Each animal research facility shall be provided with uniformly distributed lighting.
Lighting shall be in an amount sufficient to permit routine inspection and cleaning and be arranged so that each animal is protected from extensive illumination.
(5) Each animal research facility shall be provided with a drainage system which will effectively eliminate excess water from the animal research facility unit. If drains are used, they shall be constructed in such a manner to avoid all foul odors and any backup of sewage.
Drainage systems shall comply with federal, state and local laws and regulations relating to pollution control.
(c) Pens.
(1) Each animal research facility shall be constructed to prevent the overheating and discomfort of any animal. Shade shall be supplied either by natural or artificial means. Each animal research facility shall be constructed of acceptable materials and maintained in strict sanitary condition.
(2) Each animal research facility shall be constructed and maintained so as to provide sufficient space for each animal housed and to permit normal postural and social adjustments, with freedom of movement for each animal.
K.A.R. 9-21-2. Animal health and husbandry standards.
(a) Animal food shall be wholesome, palatable, free from contamination and of nutritional value sufficient to maintain each animal in good health.
(b) Food receptacles shall be in sufficient number, of adequate size and so located as to enable each animal, in the enclosure to be supplied with an adequate amount of food. Food receptacles shall be kept clean and sanitary.
(c) Excreta shall be removed from each enclosure as often as necessary:
(1) to prevent contamination of the animals, contained therein;
(2) to prevent disease hazards; and
(3) to reduce odors. Cages, rooms and pens which contain any animal having any infectious or transmissible disease shall be washed each day, and after each occupancy, with hot water and detergent. Effective disinfectant shall be applied as an incident of each washing.
(d) An effective program for the control of insects, ectoparasites and other pests shall be provided and maintained.
(e) A program for disease prevention, parasite control, euthanasia and adequate veterinarian care shall be provided and maintained under the supervision of a veterinarian. Each animal, shall be observed each day by the person in charge of the animal pound and shelter or by someone working under their direct supervision.
(f) Each animal shall be handled in a manner which will not cause discomfort, stress or physical harm to that animal.
(g) Water and food shall be provided to each animal at least once during each 24 hour period.
Any animal with the nutritional need or disease condition shall be fed more frequently.
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K.A.R. 9-21-3. Records.
Each operator of an animal research facility shall keep and maintain records for each animal purchased, acquired, held, transported, sold, or otherwise disposed of. The records shall include the following: (a) The name and address of the person from whom each animal was acquired.
(b) The date each animal was acquired.
(c) A description of each animal showing age, size, color marking, sex, breed and any vaccinational information available. Records shall also include any other significant identification for each animal including any official tag number or tattoo.
(d) The name and address of the person to whom any animal is sold, given, bartered or to whom otherwise delivered. The record shall show the method of disposition.
Article 22 -- ANIMAL POUNDS AND SHELTERS
K.A.R. 9-22-1. Animal pounds and shelter.
(a) Structures.
(1) Each animal pound and shelter shall:
(A) Be constructed of material that will provide for the establishment of a sound structure:
(B) be maintained in good repair; and
(C) protect animals housed inside from injury.
(2) Water and electrical power shall be available in each animal pound and shelter.
(3) Space shall be supplied in each animal pound and shelter to store the provisions necessary to adequately operate each such unit.
(b) Operational procedures.
(1) Removal and disposal of animal, and all other food wastes, bedding, dead animals, and debris shall be done on a regular basis and at reasonable intervals. The disposal of these waste materials shall comply with federal, state and local laws and regulations relating to pollution control.
(2) The temperature for pound and shelter shall be regulated by heating and cooling to sufficiently protect each animal housed inside from extremes of temperatures. Temperatures shall not be allowed to fall below or rise above ranges which would cause discomfort or health hazards to any animal.
(3) Ventilation for a pound and shelter shall be provided at all times by natural or mechanical means. Each pound and shelter facility shall be operated to provide fresh air by means of windows, doors, vents, fans or air conditioning. Ventilation shall be established to minimize drafts, odors and moisture condensation.
(4) Each animal pound and shelter shall be provided with uniformly distributed lighting.
Lighting shall be in an amount sufficient to permit routine inspection and cleaning and be arranged so that each animal is protected from excessive illumination.
(5) Each animal pound and shelter shall be provided with a drainage system which will effectively eliminate excess water from the research animal pound and shelter unit. If drains are used, they shall be constructed in such a manner to avoid all foul odors and any backup of sewage. Drainage systems shall comply with federal, state and local laws and regulations relating to pollution control.
(c) Pens.
(1) Each animal pound and shelter shall be constructed to prevent the overheating and discomfort of any animal. Shade shall be supplied either by natural or artificial means. Each animal pound and shelter shall be constructed of acceptable materials and maintained in strict sanitary condition.
(2) Each animal pound and shelter shall be constructed and maintained so as to provide sufficient space for each animal housed and to permit normal postural and social adjustments, with freedom of movement for each animal.
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K.A.R. 9-22-2. Animal health and husbandry standards.
(a) Animal food shall be wholesome, palatable, free from contamination and of nutritional value sufficient to maintain each animal in good health.
(b) Food receptacles shall be in sufficient number, of adequate size and so located as to enable each animal, in the enclosure to be supplied with an adequate amount of food. Food receptacles shall be kept clean and sanitary.
(c) Excreta shall be removed from each enclosure as often as necessary:
(1) to prevent contamination of the animals, contained therein;
(2) to prevent disease hazards; and
(3) to reduce odors. Cages, rooms and pens which contain any animal having any infectious or transmissible disease shall be washed each day, and after each occupancy, with hot water and detergent. Effective disinfectant shall be applied as an incident of each washing.
(d) An effective program for the control of insects, ectoparasites and other pests shall be provided and maintained.
(e) A program for disease prevention, parasite control, euthanasia and adequate veterinarian care shall be provided and maintained under the supervision of a veterinarian. Each animal, shall be observed each day by the person in charge of the animal pound and shelter or by someone working under their direct supervision.
(f) Each animal shall be handled in a manner which will not cause discomfort, stress or physical harm to that animal.
(g) Water and food shall be provided to each animal at least once during each 24 hour period.
Any animal with the nutritional need or disease condition shall be fed more frequently.
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K.A.R. 9-22-3. Records.
Each operator of an animal pound and shelter shall keep and maintain records for each animal purchased, acquired, held, transported, sold, or otherwise disposed of. The records shall include the following: (a) The name and address of the person from whom each animal was acquired.
(b) The date each animal was acquired.
(c) A description of each animal showing age, size, color marking, sex, breed and any vaccinational information available. Records shall also include any other significant identification for each animal including any official tag number or tattoo.
(d) The name and address of the person to whom any animal is sold, given, bartered or to whom otherwise delivered. The record shall show the method of disposition.
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K.A.R. 9-22-4. Foster homes.
(a) Definitions.
(1) “Act” means the Kansas pet animal act, K.S.A. 47-1701 et seq. and amendments thereto.
(2) “Adult animal” means a dog or cat that is four months of age or older.
(3) “Animal” means a dog or cat, as defined by K.S.A. 47-1701, and amendments thereto.
(4) “Foster home shelter” means a type of shelter consisting of the premises of an individual who provides temporary care for one or more animals owned by a shelter that is licensed by the state of Kansas.
(5) “Foster home shelter licensee” means the individual to whom a foster home shelter license is issued.
(6) “Group home shelter,” “manager,” and “rescue home shelter” shall have the meanings set out in K.A.R. 9-22-5.
(7) “Shelter” means an animal pound or shelter as defined in K.S.A. 47-1701(g), and amendments thereto. For purposes of this regulation, the term “shelter” shall include “group home shelter” and “rescue home shelter,” as defined in K.A.R. 9-22-5.
(8) “Temporary care” means the care and housing of an individual animal for 365 days orless during the calendar year, except as provided by subsections (i) and (j).
(b)(1) Application forms for a foster home shelter license shall be provided by the commissioner at the request of a licensed shelter. Each shelter wishing to use foster home shelters shall provide the application to each individual it approves as a foster home shelter.
Both the sponsoring shelter and the foster home shelter license applicant shall sign the completed foster home shelter license application. The completed foster home shelter license application shall be submitted to the commissioner with the foster home shelter license fee established by K.A.R. 9-18-1.
(2) No animal shall be placed by the sponsoring shelter in a foster home shelter until the commissioner has issued the foster home shelter license.
(c) Any foster home shelter licensee may house animals for more than one shelter if the following conditions are met:
(1) A separate foster home shelter license application has been jointly signed by the applicant and the sponsoring shelter and has been submitted to the commissioner.
(2) The commissioner has issued a separate foster home shelter license on behalf of each sponsoring shelter.
(d) Each sponsoring shelter using a foster home shelter shall develop a plan of veterinary care to be followed by the foster home shelter caretaker. The plan of veterinary care shall be recorded on the form specified in K.S.A. 47-1701(dd)(1)(A), and amendments thereto. This plan shall include the name of the licensed veterinarian the foster home shelter caretaker must contact in case of injury or illness and the name of the party responsible for the payment of treatment and office call charges. The foster home shelter caretaker shall notify the sponsoring shelter of any animal receiving veterinary care within 24 hours of treatment. A copy of the plan of veterinary care shall be filed annually with the commissioner.
(e) A foster home shelter licensee shall not directly accept stray animals or any animal relinquished by its owner. Any foster home shelter applicant or licensee wishing to accept stray animals or animals relinquished by their owners shall apply for and receive a shelter license before accepting these animals. Except as provided in K.A.R. 9-22-5, each sponsoring shelter shall have a physical facility for the intake of stray and relinquished animals and the housing of stray animals. Each manager of a group home shelter shall be responsible for the intake of all animals in the care of the group home shelter. No stray animal may be placed with a foster home shelter until the applicable requirements of K.S.A. 47-1710, and amendments thereto, have been met.
(f)(1) A foster home shelter licensee shall not at any time maintain or house on the premises more than 19 adult animals as defined in subsection (a). These limitations shall include the following:
(A) Any adult animal that is a personal pet of the foster home shelter caretaker; and
(B) any adult animal owned by any other individual or entity and maintained, housed, or harbored on the premises.
(2) If it appears that more than 19 adult animals will be housed on the premises for any reason, the foster home shelter licensee shall immediately apply for a shelter license and shall not accept any adult animals in excess of that limit before receiving the shelter license.
(g) A foster home shelter licensee shall not house intact dogs or cats six months of age or older unless spaying or neutering is contraindicated by a licensed veterinarian. If a veterinarian recommends that the animal should not be altered, the foster home shelter licensee shall obtain a copy of a written opinion by the veterinarian as to why the animal cannot be spayed or neutered and an estimated time of when, if ever, the animal may be altered. A copy of the written opinion shall be kept by both the foster home shelter licensee and the sponsoring shelter.
(h) The sponsoring shelter shall process all documentation for each adoption and all spay and neuter deposits required by K.S.A. 47-1731, and amendments thereto. Each intact dog, cat, puppy, or kitten shall be adopted directly from the facility of the sponsoring shelter or, in the case of a group home shelter, from the premises of the manager or a licensed shelter. Any altered dog, cat, puppy, or kitten may be adopted directly from the foster home shelter only after all final adoption paperwork has been processed through the sponsoring shelter.
(i) Each animal placed with a foster home shelter shall be evaluated every 180 days by the sponsoring shelter to determine whether it should be returned to the shelter or should remain in the care of the foster home shelter. The records of both the sponsoring shelter and the foster home shelter shall reflect the date on which the animal was evaluated, the reason for the animal to remain in a foster home shelter, and the name of the person at the sponsoring shelter who made the decision.
(j) An animal shall not remain in the care of one or more foster home shelters for more than 12 months without written permission from the commissioner. Any sponsoring shelter wishing to maintain an animal in the care of its foster home shelters beyond 12 months shall send a written request to the commissioner stating the reasons for the request.
(k) In addition to meeting the provisions of this regulation, each foster home shelter licensee shall comply with the statutory provisions of the act and with K.A.R. 9-22-1 through K.A.R. 9-22-3. All records shall be kept on a form provided by the commissioner.
(l) Foster home shelter licenses shall not be transferable.
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K.A.R. 9-22-5. Group homes and rescue homes.
(a) Definitions. As used in this regulation, the following terms shall be defined as follows:
(1) “Act” means the Kansas pet animal act.
(2) “Adult animal” means a dog or cat that is four months of age or older.
(3) “Animal” means a dog or cat, as defined in K.S.A. 47-1701, and amendments thereto.
(4) “Foster home shelter” and “foster home shelter licensee” shall have the meanings set out in
K.A.R. 9-22-4. Except as expressly provided in this regulation, each foster home shelter licensee shall comply with the requirements of K.A.R. 9-22-4.
(5) “Group home shelter” means a type of shelter consisting of two or more foster home shelters that meet all of the following conditions:
(A) The foster home shelter licensees have joined together to house and provide temporary care for one or more animals for the purpose of finding permanent adoptive homes.
(B) The foster home shelters are not sponsored by a licensed shelter that maintains a central facility for keeping animals.
(C) The group home shelter has designated a manager who carries out the duties of a sponsoring shelter.
(6) “Licensee” means the individual, group of individuals, or entity to whom a group home shelter or rescue home shelter license is issued.
(7) “Manager” means the person designated by a group home shelter to be responsible for the following functions:
(A) Approving the membership of each foster home shelter in the group home shelter;
(B) carrying out the duties of the sponsoring shelter under K.A.R. 9-22-4, including the intake of all animals in the care of the group home shelter;
(C) maintaining on that person’s premises all documentation required by K.A.R. 9-22-4 and K.A.R. 9-22-5, including records pertaining to the adoption, placement, or other disposition of each animal receiving temporary care from the group home shelter; and
(D) ensuring compliance with this regulation and K.A.R. 9-22-4 by each foster home shelter belonging to the group home shelter.
(8) “Rescue home shelter” means a type of shelter consisting of the premises of an individual or corporation who meets all of the following criteria:
(A) Provides care and housing for a specific type of purebred dog or cat; and
(B) is an affiliate or agent of a national purebred organization or is a corporation registered to do business in the state of Kansas with a focus on the specific type of purebred that will receive care and housing in the rescue home shelter.
(9) “Shelter” means an animal pound or shelter as defined in K.S.A. 47-1701(g), and amendments thereto.
(10) “Temporary care” means care and housing of an individual animal for 180 365 days or less during the calendar year, except as provided by K.A.R. 9-22-4(i) and (j).
(b) Applications and licensure.
(1) Group home shelters. An application form for a group home shelter license shall be provided by the commissioner at the request of the proposed manager. The completed application and the license fee, as established by K.A.R. 9-18-1, shall be submitted to the commissioner. Once a group home shelter license has been issued by the commissioner, applications for foster home shelters approved for membership in the group home shelter shall be processed in accordance with the application and licensing requirements in K.A.R. 9-22-4 for foster home shelters. No animal shall be placed with the group home shelter until the commissioner has issued licenses for both the group home shelter and the foster home shelter that will provide temporary care.
(2) Rescue home shelters.
(A) Each individual who wishes to be licensed to operate a rescue home shelter shall submit the rescue home shelter license fee established by K.A.R. 9-18-1 and an application on a form provided by the commissioner, along with one of the following:
(i) A letter or other documentation from the national organization accepting that individual as a rescue home shelter; or
(ii) documentation that the rescue home shelter is a corporation registered to do business in the state of Kansas with a focus on the specific type of purebred that will receive care and housing in the rescue home shelter.
(B) No animal shall be placed in a rescue home shelter until the commissioner has issued a license for the rescue home shelter.
(C) If an applicant wishes to serve as a rescue home shelter for more than one type of purebred dog or cat, the applicant shall list on the application each type of purebred to be served and, for each type, shall submit the documentation as required under paragraph (b)(2)(A)(i) or (ii).
(c) General provisions for licensees.
(1)(A) Except as provided in paragraph (c)(1)(B) below, each animal in the care of a licensee, other than the personal pets of the licensee, shall have been relinquished by an owner, transferred from another licensee, or transferred from a shelter licensed in Kansas. Each manager of a group home shelter shall be responsible for the intake of all animals in the group home shelter. Each licensee obtaining a dog or cat from a veterinarian shall adopt the animal and comply with the requirements of K.S.A. 47-1731, and amendments thereto, as veterinarians are not subject to licensing by the commissioner.
(B) No stray dog, cat, puppy, or kitten may be placed with a licensee until the requirements of K.S.A. 47-1710, and amendments thereto, have been met by a licensed shelter. If a licensee wishes to accept stray dogs, cats, puppies, or kittens, the licensee first shall apply for and receive a shelter license.
(2)(A) Any rescue home shelter wishing to maintain or house more than 19 adult animals at any time shall apply for and receive a shelter license before accepting more than 19 adult animals. The limit of 19 adult animals shall include the following:
(i) Any adult animal that is a personal pet of the rescue home shelter caretaker; and
(ii) any adult animal owned by any other individual or entity and maintained, housed, or harbored by the licensee.
(B) Each foster home shelter belonging to a group home shelter shall be subject to the limitation on the number of animals in its care established by K.A.R. 9-22-4(f).
(3)(A) Each rescue home shelter licensee shall develop a plan of veterinary care to be followed by each animal caretaker for that rescue home shelter. The plan of veterinary care shall be recorded on the form specified in K.S.A. 47-1701(dd)(1)(A), and amendments thereto. This plan shall include the name of the veterinarian licensed in Kansas that the rescue home shelter will contact in case of injury or illness. A copy of the plan of veterinary care shall be filed annually with the commissioner by each rescue home shelter licensee.
(B) Each group home shelter licensee shall meet the requirements for a plan of veterinary care, as specified in K.A.R. 9-22-4.
(4)(A) Any licensee may offer animals in its custody for adoption and may transfer ownership in accordance K.S.A. 47-1731, and amendments thereto.
(B) Each rescue home shelter licensee shall process all documentation for each adoption of an animal in the custody of the rescue home shelter and for all spay and neuter deposits required by K.S.A. 47-1731, and amendments thereto. A copy of each of these documents shall be kept at the rescue home shelter. Intact dogs, cats, puppies, or kittens shall be adopted only from the rescue home shelter or a licensed shelter.
(C) Each rescue home shelter sponsoring one or more foster home shelters and each group home shelter shall comply with the provisions of K.A.R. 9-22-4 regarding adoption and transfer of ownership of animals receiving temporary care in a foster home shelter.
(5) An animal shall not remain in the custody of a group home shelter or rescue home shelter for more than 12 months without written permission from the commissioner. Each licensee wishing to maintain an animal in its care beyond 12 months shall send a written request to the commissioner stating the reasons for the request.
(6) In addition to the provisions of this regulation, each licensee shall comply with the statutory provisions of the act and with K.A.R. 9-22-1 through K.A.R. 9-22-3. All records shall be kept on a form provided by the commissioner.
(7) Each licensee accepting animals from out of state shall comply with the importation and certificate of health requirements set out in K.A.R. 9-7-9, K.A.R. 9-7-9a, and K.A.R. 9-7-11. The original of each certificate of health shall be maintained with the files of the rescue home shelter or, for group home shelters, with the foster home shelter caring for the animal.
(8) Rescue home shelter and group home shelter licenses shall not be transferable.
Article 23.--HOBBY KENNEL OPERATORS
K.A.R. 9-23-1. Hobby kennel operators.
(a) Structures.
(1) Each hobby kennel shall:
(A) Be constructed of material that will provide for the establishment of a sound structure:
(B) be maintained in good repair; and
(C) protect animals housed inside from injury.
(2) Water and electrical power shall be available in each hobby kennel.
(3) Space shall be supplied in each hobby kennel to store the provisions necessary to adequately operate each such unit.
(b) Operational procedures.
(1) Removal and disposal of animal, and all other food wastes, bedding, dead animals, and debris shall be done on a regular basis and at reasonable intervals. The disposal of these waste materials shall comply with federal, state and local laws and regulations relating to pollution control.
(2) The temperature for an indoor hobby kennel shall be regulated by heating and cooling to sufficiently protect each animal housed inside from extremes of temperatures. Temperatures shall not be allowed to fall below or rise above ranges which would cause discomfort or health hazards to any animal.
(3) Ventilation for a hobby kennel shall be provided at all times by natural or mechanical means. Each hobby kennel facility shall be operated to provide fresh air by means of windows, doors, vents, fans or air conditioning. Ventilation shall be established to minimize drafts, odors and moisture condensation.
(4) Each hobby kennel shall be provided with uniformly distributed lighting. Lighting shall be in an amount sufficient to permit routine inspection and cleaning and be arranged so that each animal is protected from excessive illumination.
(5) Each hobby kennel shall be provided with a drainage system which will effectively eliminate excess water from hobby kennel unit. If drains are used, they shall be constructed in such a manner to avoid all foul odors and any backup of sewage. Drainage systems shall comply with federal, state and local laws and regulations relating to pollution control.
(c) Pens.
(1) Each hobby kennel shall be constructed to prevent the overheating and discomfort of any animal. Shade shall be supplied either by natural or artificial means. Each hobby kennel shall be constructed of acceptable materials and maintained in strict sanitary condition.
(2) Each hobby kennel shall be constructed and maintained so as to provide sufficient space for each animal housed and to permit normal postural and social adjustments, with freedom of movement for each animal.
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K.A.R. 9-23-2. Animal health and husbandry standards.
(a) Animal food shall be wholesome, palatable, free from contamination and of nutritional value sufficient to maintain each animal in good health.
(b) Food receptacles shall be in sufficient number, of adequate size and so located as to enable each animal, in the enclosure to be supplied with an adequate amount of food. Food receptacles shall be kept clean and sanitary.
(c) Excreta shall be removed from each enclosure as often as necessary:
(1) to prevent contamination of the animals, contained therein;
(2) to prevent disease hazards; and
(3) to reduce odors. Cages, rooms and pens which contain any animal having any infectious or transmissible disease shall be washed each day, and after each occupancy, with hot water and detergent. Effective disinfectant shall be applied as an incident of each washing.
(d) An effective program for the control of insects, ectoparasites and other pests shall be provided and maintained.
(e) A program for disease prevention, parasite control, euthanasia and adequate veterinarian care shall be provided and maintained under the supervision of a veterinarian. Each animal, shall be observed each day by the person in charge of the hobby kennel or by someone working under their direct supervision.
(f) Each animal shall be handled in a manner which will not cause discomfort, stress or physical harm to that animal.
(g) Water and food shall be provided to each animal at least once during each 24 hour period.
Any animal with the nutritional need or disease condition shall be fed more frequently.
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K.A.R. 9-23-3. Records.
Each operator of a hobby kennel shall keep and maintain records for each animal purchased, acquired, held, transported, sold, or otherwise disposed of.
The records shall include the following: (a) The name and address of the person from whom each animal was acquired.
(b) The date each animal was acquired.
(c) A description of each animal showing age, size, color marking, sex, breed and any vaccinational information available. Records shall also include any other significant identification for each animal including any official tag number or tattoo.
(d) The name and address of the person to whom any animal is sold, given, bartered or to whom otherwise delivered. The record shall show the method of disposition.
Article 24.--KENNEL OPERATORS
K.A.R. 9-24-1. Kennel operators.
(a) Structures.
(1) Each kennel shall:
(A) Be constructed of material that will provide for the establishment of a sound structure:
(B) be maintained in good repair; and
(C) protect animals housed inside from injury.
(2) Water and electrical power shall be available in each kennel.
(3) Space shall be supplied in each kennel to store the provisions necessary to adequately operate each such unit.
(b) Operational procedures.
(1) Removal and disposal of animal, and all other food wastes, bedding, dead animals, and debris shall be done on a regular basis and at reasonable intervals. The disposal of these waste materials shall comply with federal, state and local laws and regulations relating to pollution control.
(2) The temperature for an indoor kennel shall be regulated by heating and cooling to sufficiently protect each animal housed inside from extremes of temperatures. Temperatures shall not be allowed to fall below or rise above ranges which would cause discomfort or health hazards to any animal.
(3) Ventilation for a kennel shall be provided at all times by natural or mechanical means.
Each kennel facility shall be operated to provide fresh air by means of windows, doors, vents, fans or air conditioning. Ventilation shall be established to minimize drafts, odors and moisture condensation.
(4) Each kennel shall be provided with uniformly distributed lighting. Lighting shall be in an amount sufficient to permit routine inspection and cleaning and be arranged so that each animal is protected from excessive illumination.
(5) Each kennel shall be provided with a drainage system which will effectively eliminate excess water from kennel unit. If drains are used, they shall be constructed in such a manner to avoid all foul odors and any backup of sewage. Drainage systems shall comply with federal, state and local laws and regulations relating to pollution control.
(c) Pens.
(1) Each kennel shall be constructed to prevent the overheating and discomfort of any animal. Shade shall be supplied either by natural or artificial means. Each kennel shall be constructed of acceptable materials and maintained in strict sanitary condition.
(2) Each kennel shall be constructed and maintained so as to provide sufficient space for each animal housed and to permit normal postural and social adjustments, with freedom of movement for each animal.
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K.A.R. 9-24-2. Animal health and husbandry standards.
(a) Animal food shall be wholesome, palatable, free from contamination and of nutritional value sufficient to maintain each animal in good health.
(b) Food receptacles shall be in sufficient number, of adequate size and so located as to enable each animal, in the enclosure to be supplied with an adequate amount of food. Food receptacles shall be kept clean and sanitary.
(c) Excreta shall be removed from each enclosure as often as necessary:
(1) to prevent contamination of the animals, contained therein;
(2) to prevent disease hazards; and
(3) to reduce odors. Cages, rooms and pens which contain any animal having any infectious or transmissible disease shall be washed each day, and after each occupancy, with hot water and detergent. Effective disinfectant shall be applied as an incident of each washing.
(d) An effective program for the control of insects, ectoparasites and other pests shall be provided and maintained.
(e) A program for disease prevention, parasite control, euthanasia and adequate veterinarian care shall be provided and maintained under the supervision of a veterinarian. Each animal, shall be observed each day by the person in charge of the kennel or by someone working under their direct supervision.
(f) Each animal shall be handled in a manner which will not cause discomfort, stress or physical harm to that animal.
(g) Water and food shall be provided to each animal at least once during each 24 hour period.
Any animal with the nutritional need or disease condition shall be fed more frequently.
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K.A.R. 9-24-3. Records.
Each operator of a kennel shall keep and maintain records for each animal purchased, acquired, held, transported, sold, or otherwise disposed of. The records shall include the following: (a) The name and address of the person from whom each animal was acquired.
(b) The date each animal was acquired.
(c) A description of each animal showing age, size, color marking, sex, breed and any vaccinational information available. Records shall also include any other significant identification for each animal including any official tag number or tattoo.
(d) The name and address of the person to whom any animal is sold, given, bartered or to whom otherwise delivered. The record shall show the method of disposition.
Article 25 -- RETAIL BREEDERS
K.A.R. 9-25-1. Housing facilities, general.
(a) Definition. Housing facility means any land, premises, shed, barn, building, trailer, or other structure or area housing or intended to house animals.
(b) Structure; construction. Each housing facility for dogs and cats shall be designed and constructed as follows:
(1) in a manner which is structurally sound; and
(2) in a manner that protects animals from injury, contains the animals securely, and restricts other animals from entering.
(c) Condition and site.
(1) Housekeeping for premises. Each retail breeder licensee shall keep the premises where housing facilities are located, including buildings and surrounding grounds, clean and in good repair to protect the animals from injury, to facilitate the husbandry practices required by K.A.R.
9-25-6(b), and to reduce or eliminate breeding and living areas for rodents and other pests or vermin. The licensee shall keep the premises free of accumulations of trash, junk, waste products, and discarded matter. The licensee shall control weeds, grasses, and bushes so as to facilitate cleaning of the premises and pest control and to protect the health and well-being of the animals.
(2) Food and supply storage areas. Each licensee shall ensure that the areas used for storing animal food or bedding are free of any accumulation of trash, waste material, junk, weeds, and other discarded materials. The licensee shall keep animal areas inside each housing facility neat and free of clutter, including equipment, furniture and stored material, but the animal areas may contain materials actually used and necessary for cleaning the area, and fixtures or equipment necessary for proper husbandry practices.
(3) Location with other businesses. Each housing facility shall be physically separated from any other business. If a housing facility is located on the same premises as another business, it shall be physically separated from the other business so that animals the size of dogs, skunks, and raccoons are prevented from entering it.
(d) Surfaces.
(1) General requirements.
(A) The surfaces of each housing facility, including houses, dens, and fixtures and objects in the facility which are similar to furniture, shall be:
(i) constructed in a manner and made of materials that allow them to be readily cleaned and sanitized as required in paragraph (d)(3); or
(ii) removed or replaced when worn or soiled. Any such surface that cannot be readily cleaned and sanitized shall be replaced when worn or soiled.
(B) All interior surfaces and any surfaces that come into contact with dogs or cats shall:
(i) be free of excessive rust which prevents the required cleaning and sanitization, or which affects the structural strength of the surface; and
(ii) be free of jagged edges or sharp points that might injure the animals.
(2) Maintenance and replacement of surfaces. Each licensee shall maintain all surfaces on a regular basis.
(3) Cleaning. Each licensee shall spot clean daily all hard surfaces with which the dogs or cats come into contact and sanitize such surfaces in accordance with K.A.R. 9-25-6(b) to prevent accumulation of excreta and reduce disease hazards. Each licensee shall rake and spot clean floors made of dirt, absorbent bedding, sand, gravel, grass, or other similar material with sufficient frequency to ensure that all animals are free to avoid contact with excreta. The licensee shall replace contaminated material whenever raking and spot-cleaning is not sufficient to prevent or eliminate odors or insect, pest, or vermin infestation. Each licensee shall clean and sanitize all other surfaces of housing facilities when necessary to satisfy generally-accepted husbandry standards and practices. The licensee may use any of the sanitation methods provided in K.A.R. 9-25-6(b)(3) for primary enclosures.
(e) Water and electric power. Every housing facility shall have reliable electric power which is adequate for heating, cooling, ventilation, and lighting, and for carrying out other husbandry requirements in accordance with the regulations in this article. The housing facility shall provide adequate, running potable water for the dogs and cats drinking needs, for cleaning, and for carrying out other husbandry requirements.
(f) Storage. Each licensee shall store supplies of food and bedding in a manner that protects the supplies from spoilage, contamination, and vermin infestation. The licensee shall store supplies off the floor and away from walls to allow cleaning underneath and around the supplies.
Food requiring refrigeration shall be stored accordingly, and all food shall be stored in a manner that prevents contamination and deterioration of its nutritive value. Each licensee shall keep all open supplies of food and bedding in leak-proof containers with tightly fitting lids to prevent contamination and spoilage. Only food and bedding that is currently being used may be kept in the animal areas. The licensee shall not store any substance that is toxic to the dogs or cats but is required for normal husbandry practices in food storage and preparation areas, but may store such substances in cabinets in the animal areas.
(g) Drainage and waste disposal.
(1) Each licensee shall provide for regular and frequent collection, removal, and disposal of animal and food wastes, bedding, debris, garbage, water, other fluids, wastes, and dead animals in a manner that minimizes contamination and disease risks.
(2)(A) Each housing facility shall be equipped with disposal facilities and drainage systems that are constructed and operated so that animal waste and water are rapidly eliminated and animals stay dry. The disposal and drainage systems shall minimize vermin and pest infestation, insects, odors, and disease hazards. All drains shall be properly constructed, installed, and maintained.
(B) If a closed drainage system is used, it shall be equipped with traps and shall prevent the backflow of gases and the backup of sewage onto the floor. If the facility uses sump or settlement ponds or other similar systems for drainage and animal waste disposal, the system shall be located far enough from the animal area of the housing facility to prevent odors, diseases, pests, and vermin infestation.
(3) Each licensee shall ensure that standing puddles of water in animal enclosures are drained or mopped up so that animals stay dry.
(4) Each licensee shall use trash containers in housing facilities and in food storage and food preparation areas that are leak-proof and shall keep tightly-fitted lids on the containers at all times.
(5) Dead animals, animal parts, and animal waste shall not be kept in food storage or food preparation areas, food freezers, food refrigerators, or animal areas.
(h) Washrooms and sinks. Washing facilities shall be provided for animal caretakers and shall be readily accessible. Washing facilities may include washrooms, basins, sinks, or showers.
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K.A.R. 9-25-2. Indoor housing facilities.
(a) Definition. Indoor housing facility means any structure or building with environmental controls that houses or is intended to house animals and that is constructed in the following manner.
(1) The building or structure is constructed so that the temperature within the building or structure can be controlled within the limits set forth for that species of animal, humidity levels of 30 to 70 percent can be maintained, and odors can be eliminated rapidly from within the building.
(2) The building or structure is an enclosure created by the continuous connection of a roof, floor, and walls. A shed or barn set on top of the ground is not considered to have a continuous connection between the walls and the ground unless a foundation and floor are provided.
(3) The building or structure has at least one door for entry and exit that can be opened and closed. Any windows or openings which provide a natural light are covered with a transparent material, which may include glass or hard plastic.
(b) Heating, cooling, and temperature. Each retail breeder licensee operating an indoor housing facility for dogs and cats shall ensure that the indoor housing facility is sufficiently heated and cooled when necessary to protect dogs and cats from temperature extremes and to provide for their health and well-being.
(1) Except as approved by the attending veterinarian, a licensee operating an indoor housing facility shall not permit the ambient temperature in the facility to fall below 50° F. or 10° C. when any of the following dogs or cats are present:
(A) any dog or cat not acclimated to lower temperatures;
(B) any dog or cat of a breed that cannot tolerate lower temperatures without stress or discomfort, including short-haired breeds; or
(C) any dog or cat that is sick, aged, young, or infirm.
(2) Each licensee shall provide dry bedding, solid resting boards, or other methods of conserving body heat when the ambient temperature inside the facility is below 50° F. or 10° C.
(3) Each licensee shall ensure that, when dogs or cats are present, the ambient temperature in the facility does not fall below 45° F. or 7.2° C. for more than four consecutive hours, and does not rise above 85° F. or 29.5° C. for more than four consecutive hours.
(c) Ventilation. The licensee shall ensure that, when dogs or cats are present, each indoor housing facility for dogs and cats is sufficiently ventilated at all times to provide for their health and well-being and to minimize odors, drafts, ammonia levels, and moisture condensation.
Ventilation shall be provided by windows, vents, fans, or air conditioning units. The licensee shall provide auxiliary ventilation when the ambient temperature is 85° F. or 29.5° C. or higher.
Auxiliary ventilation may include fans, blowers, or air conditioning units. The licensee shall maintain the relative humidity at a level that ensures the health and well-being of the dogs or cats housed in the facility, in accordance with the directions of the attending veterinarian and generally accepted professional and husbandry practices.
(d) Lighting. Each licensee shall provide enough lighting for each indoor housing facility for dogs and cats to permit routine inspection and cleaning of the facility and observation of the dogs and cats. Each animal area shall be provided with a regular diurnal lighting cycle of either natural or artificial light. Lighting shall be uniformly diffused throughout the animal facility and shall provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and the well-being of the animals. Each primary enclosure shall be placed in a manner which protects the dogs and cats from excessive light.
(e) Interior surfaces. The floors and walls of each indoor housing facility, and any other surfaces in contact with the animals, shall be impervious to moisture. The ceilings of each indoor housing facility shall be impervious to moisture or shall be replaceable.
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K.A.R. 9-25-3. Sheltered housing facilities.
(a) Definition. Sheltered housing facility means a housing facility which provides the animals with the following:
(1) shelter;
(2) protection from the elements; and
(3) protection from temperature extremes at all times.
A sheltered housing facility may consist of runs or pens which are totally enclosed in a barn or building, or outside runs or pens connecting with the inside pens in a totally enclosed building.
(b) Heating, cooling, and temperature. Each retail breeder licensee operating a sheltered housing facility for dogs and cats shall ensure that the sheltered portion of the facility is sufficiently heated and cooled when necessary to protect the dogs and cats from temperature extremes and to provide for their health and well-being.
(1) Except as approved by the attending veterinarian, the licensee shall not permit the ambient temperature in the sheltered portion of the facility to fall below 50° F. or 10° C. when any of the following dogs or cats are present:
(A) any dog or cat not acclimated to lower temperatures;
(B) any dog or cat of a breed that cannot tolerate lower temperatures without stress and discomfort, including short-haired breeds; or
(C) any dog or cat which is sick, aged, young, or infirm.
(2) Each licensee shall provide dry bedding, solid resting boards, or other methods of conserving body heat when the ambient temperature inside the sheltered portion of the facility is below 50° F. or 10° C.
(3) The licensee shall ensure that, when dogs or cats are present, the ambient temperature in the sheltered portion of the facility does not fall below 45° F. or 7.2° C. for more than four consecutive hours, and does not rise above 85° F. or 29.5° C. for more than four consecutive hours.
(c) Ventilation. The licensee shall ensure that the enclosed or sheltered portion of the housing facility is sufficiently ventilated at all times dogs or cats are present to provide for their health and well-being and to minimize odors, drafts, ammonia levels, and moisture condensation.
Ventilation shall be provided by windows, doors, vents, fans, or air conditioning units. The licensee shall provide auxiliary ventilation when the ambient temperature is 85° F. or 29.5° C. or higher. Auxiliary ventilation may include fans, blowers, or air conditioning units.
(d) Lighting. Each licensee shall provide enough lighting for each sheltered housing facility for dogs and cats which is sufficient to permit routine inspection and cleaning of the facility and observation of the dogs and cats. Each animal area shall be provided with a regular diurnal lighting cycle of either natural or artificial light. Lighting shall be uniformly diffused throughout animal facilities and shall provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and the well-being of the animals. Each primary enclosure shall be placed in a manner which protects the dogs and cats from excessive light.
(e) Shelter from the elements. Each licensee shall provide one or more shelter structures which adequately shelter the dogs or cats from the elements at all times to protect their health and well-being. The shelter structure or structures shall be large enough to allow each animal to sit, stand, and lie in a normal manner and to turn about freely.
(f) Surfaces.
(1) The following areas in sheltered housing facilities shall be impervious to moisture:
(A) Indoor floor areas in contact with the animals;
(B) outdoor floor areas in contact with the animals, when the floor areas are not exposed to the direct sun, or are made of a hard material, including wire, wood, metal, or concrete; and
(C) all walls, boxes, houses, dens, and other surfaces in contact with the animals.
(2) Outside floor areas in contact with the animals and exposed to the direct sun may be compacted earth, absorbent bedding, sand, gravel, or grass.
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K.A.R. 9-25-4. Outdoor housing facilities.
(a) Definition. Outdoor housing facility means any structure, building, land, or premises:
(1) which houses or is intended to house animals;
(2) which does not meet the definition of any other type of housing facility provided in the regulations; and
(3) in which temperatures cannot be controlled with limits established by these regulations.
(b) Restrictions.
(1) A retail breeder licensee shall not keep any of the following categories of dogs or cats in outdoor facilities, unless that practice is specifically approved by the attending veterinarian:
(A) any dog or cat that is not acclimated to the temperatures prevalent in the area or region in which the animal is maintained;
(B) any dog or cat of a breed that cannot tolerate the prevalent temperatures of the area without stress or discomfort, including short-haired breeds in cold climates; and
(C) any dog or cat which is sick, infirm, aged, or young.
(2) If a licensee operating an outdoor housing facility does not know whether a dog or cat is acclimated, the licensee shall not keep such a dog or cat in the outdoor facility when the ambient temperature is less than 50° F. or 10° C.
(c) Shelter from the elements. Each outdoor facility for dogs or cats shall include one or more shelter structures that are accessible to each animal in the outdoor facility, and that are large enough to allow each animal in the shelter structure to sit, stand, and lie in a normal manner, and to turn about freely. In addition to the shelter structures, each licensee shall provide one or more separate, outside areas of shade which are large enough to contain all the animals at one time and protect them from the direct rays of the sun. Each shelter structure in an outdoor facility for dogs or cats shall contain a roof, four sides, and a floor, and shall:
(1) provide the dogs and cats with adequate protection and shelter from the cold and heat;
(2) provide the dogs and cats with protection from the direct rays of the sun and the direct effects of wind, rain, or snow;
(3) be provided with a wind break and rain break at the entrance; and
(4) contain clean, dry bedding material if the ambient temperature is below 50° F. or 10° C.
The licensee shall provide additional clean, dry bedding material when the temperature is 35° F. or 1.7° C. or lower.
(d) Construction. All building surfaces in outdoor housing facilities which come into contact with animals shall be impervious to moisture. A licensee shall not use metal barrels, cars, refrigerators, freezers, or similar items as shelter structures. The floor of each outdoor housing facility may be compacted earth, absorbent bedding, sand, gravel, or grass.
(e) Maintenance. Each licensee shall replace floor materials if there are any prevalent odors, diseases, insects, pests, or vermin. The licensee shall maintain all surfaces on a regular basis.
The licensee shall replace the surfaces of outdoor housing facilities that cannot be readily cleaned and sanitized, including houses, dens, and similar structures, when the surfaces are worn or soiled.
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K.A.R. 9-25-5. Primary enclosures.
Each primary enclosure for dogs and cats shall meet the following minimum requirements.
(a) Definition. "Primary enclosure" means any structure or device used to restrict an animal or animals to a limited amount of space, including a room, pen, run, cage, compartment, hutch, and tether. In the case of animals restrained by a tether, primary enclosure shall include the shelter structure and the area within reach of the tether.
(b) General requirements.
(1) Each primary enclosure shall be designed and constructed of suitable materials so that it is structurally sound. Each retail breeder licensee shall keep the primary enclosure in good repair.
(2) Each primary enclosure shall be constructed and maintained so that the enclosure meets the following conditions:
(A) Has no sharp points or edges that could injure the dogs and cats;
(B) protects the dogs and cats from injury;
(C) contains the dogs and cats securely;
(D) keeps other animals from entering the enclosure;
(E) enables the dogs and cats to remain dry and clean;
(F) provides shelter and protection to all the dogs and cats from extreme temperatures and weather conditions that may be uncomfortable or hazardous;
(G) provides sufficient shade to shelter simultaneously all the dogs and cats housed in the primary enclosure;
(H) provides all the dogs and cats with easy and convenient access to clean food and water;
(I) enables all surfaces in contact with dogs and cats to be readily cleaned and sanitized in accordance with K.A.R. 9-25-6(b), or to be replaced when worn or soiled;
(J) has floors that are constructed in a manner that protects the dogs' and cats' feet and legs from injury. If the floor is constructed of mesh or with slats, the floor shall not allow the dogs' and cats' feet to pass through any openings in the floor. Any metal strands used to construct a suspended floor for the primary enclosure shall be nine-gauge wire or wire that is greater than 1/8 of an inch in diameter or shall be coated with plastic, fiberglass, or a comparable material.
Any suspended floor used in a primary enclosure shall be strong enough that the floor does not sag or bend between structural supports; and
(K) provides sufficient space to allow each dog and cat to turn about freely, to stand, sit, and lie in a comfortable, normal position, and to walk in a normal manner.
(c) Additional requirements for cats.
(1) Space. The licensee shall provide the following minimum vertical space and floor space for each cat that is housed in the primary enclosure, including any weaned kitten.
(A) Each primary enclosure housing cats shall be at least 24 inches or 60.96 cm. high.
(B) Each cat with a weight up to and including 8.8 lbs. or 4 kg. shall be provided with at least 3.0 sq. ft. or 0.28 m2 of floor space.
(C) Each cat with a weight over 8.8 lbs. or 4 kg. shall be provided with at least 4.0 sq. ft. or 0.37 m2 of floor space.
(D) Each queen with nursing kittens shall be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in accordance with generally accepted husbandry practices. If the additional amount of floor space available for each nursing kitten is less than five percent of the minimum requirement for the queen, the housing shall first be approved by the livestock commissioner, in writing, if the commissioner determines that, under the circumstances, the space is adequate to provide for the health and well-being of the queen and her kittens.
(E) The minimum floor space required by this regulation shall not include any space occupied by food or water pans. The litter pan may be considered part of the floor space if the pan is properly cleaned and sanitized.
(2) Litter. The licensee shall provide a receptacle in each primary enclosure that contains sufficient clean litter to contain excreta and other body wastes.
(3) Resting surfaces. Each primary enclosure housing cats shall contain one or more resting surfaces that, in the aggregate, are large enough to hold simultaneously all the occupants of the primary enclosure comfortably. Each resting surface shall be elevated, impervious to moisture, and easily cleaned and sanitized or easily replaced when soiled or worn. Low resting surfaces that do not allow the space under them to be comfortably occupied by the animal shall be counted as part of the floor space.
(d) Additional requirements for dogs.
(1) Space.
(A) The licensee shall provide a minimum amount of floor space for each dog housed in the primary enclosure, including each weaned puppy, which shall be calculated as follows:
(i) Find the result of the following formula: (the length of the dog in inches + 6 inches)2 = required floor space in square inches; and
(ii) convert the result of the formula to square feet as follows: Required floor space in square inches/144 = required floor space in square feet.
The length of the dog shall be measured from the tip of the dog's nose to the base of the dog's tail.
(B) The licensee shall provide each bitch that has nursing puppies with an additional amount of floor space, based upon the dog's breed and behavioral characteristics, and in accordance with generally accepted husbandry practices, as determined by the attending veterinarian. The additional amount of floor space for each nursing puppy shall not be less than five percent of the minimum requirement for the bitch, unless the livestock commissioner first approves the housing based on a written determination that, under the circumstances, the space is adequate to provide for the health and well-being of the bitch and her puppies.
(C) The interior height of a primary enclosure shall be at least six inches higher than the head of the tallest dog in the enclosure in a normal standing position.
(2) Prohibited types of primary enclosures for dogs. The tethering of dogs shall be prohibited for use as a permanent primary enclosure. The tethering of dogs on a temporary basis shall be prohibited for use as a primary enclosure, unless the livestock commissioner determines that tethering for a limited, specified period of time will not adversely affect the health and wellbeing of the dog.
(e) Innovative primary enclosures. Any licensee may use an innovative primary enclosure not precisely meeting the floor area and height requirements provided in this regulation, if the livestock commissioner determines that the primary enclosure will provide the dogs or cats with a sufficient volume of space and the opportunity to express species-typical behavior.
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K.A.R. 9-25-6. Cleaning, sanitization, housekeeping, and pest control.
(a) Cleaning of primary enclosures.
(1) Each retail breeder licensee shall remove excreta and food waste from the inside of each primary enclosure daily and from under primary enclosures as often as necessary to prevent an excessive accumulation of feces and food waste, to prevent the soiling of the dogs or cats contained in the primary enclosures, and to reduce disease hazards, insects, pests, and odors.
(2) When steam or water is used to clean the primary enclosure, whether by hosing, flushing, or other methods, the licensee shall remove the dogs and cats, unless the enclosure is large enough to ensure that the animals would not be harmed, wetted, or distressed in the process. The licensee shall remove all standing water from the primary enclosure, and shall protect animals in other primary enclosures from contamination with water and other wastes during the cleaning.
(3) The licensee shall clean the pans under each primary enclosure with a grill-type floor and the ground area under each raised run with a wire, mesh, or slatted floor as often as necessary to prevent accumulation of feces and food waste and to reduce disease hazards, pests, insects, and odors.
(b) Sanitization of primary enclosures and food and water receptacles.
(1) Each licensee shall clean and sanitize each used primary enclosure and each used food and water receptacle using one of the methods prescribed in paragraph (b)(3) before the primary enclosure or food and water receptacle is used to house, feed, or water another dog, cat, or social grouping of dogs or cats.
(2) The licensee shall sanitize all used primary enclosures and food and water receptacles for dogs and cats at least once every two weeks using one of the methods prescribed in paragraph (b)(3), and more often if necessary to prevent an accumulation of dirt, debris, food waste, excreta, and other disease hazards.
(3) Each licensee shall sanitize hard surfaces of primary enclosures and food and water receptacles using one of the following methods:
(A) Spraying all surfaces with live steam under pressure;
(B) washing all surfaces with hot water that is at least 180° F or 82.2° C, and with soap or detergent, using a mechanical cage washer or similar device; or
(C)(i) Washing all soiled surfaces with appropriate detergent solutions and disinfectants, or with a product that is a combination of a detergent and a disinfectant that accomplishes the same purpose;
(ii) thoroughly cleaning the surfaces to remove all organic material and mineral buildup and to provide sanitization; and
(iii) rinsing with clean water.
(4) Each licensee shall sanitize all pens, runs, and outdoor housing areas containing material that cannot be sanitized using the methods provided in paragraph (b)(3), including gravel, sand, grass, earth, or absorbent bedding, by removing the contaminated material as necessary to prevent odors, diseases, pests, insects, and vermin infestation.
(c) Housekeeping for premises. Each licensee shall keep the premises where the housing facilities are located, including buildings and surrounding grounds, clean and in good repair to protect the animals from injury, to facilitate the husbandry practices required in this article, and to reduce or eliminate breeding and living areas for rodents and other pests and vermin. The licensee shall keep the premises free of accumulations of trash, junk, waste products, and discarded matter. The licensee shall control weeds, grasses, and bushes so as to facilitate cleaning of the premises and pest control, and to protect the health and well-being of the animals.
(d) Pest control. Each licensee shall establish and maintain an effective program for the control of insects, external parasites affecting dogs and cats, and birds and mammals that are pests so as to promote the health and well-being of the animals and reduce contamination by pests in animal areas.
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K.A.R. 9-25-7. Compatible grouping.
With the following additional restrictions, each retail breeder licensee shall ensure that dogs and cats that are housed in the same primary enclosure are compatible, as determined from observation.
(a) The licensee shall not house females in heat or estrus in the same primary enclosure with sexually mature males, except for breeding purposes.
(b) The licensee shall house any dog or cat exhibiting a vicious or overly aggressive disposition separately.
(c) The licensee shall not house puppies or kittens four months of age or less in the same primary enclosure with adult dogs or cats other than their dams or foster dams, except when permanently maintained in breeding colonies. Except when maintained in breeding colonies, queens or bitches with litters shall not be housed in the same primary enclosure with other adult cats or dogs.
(d) Dogs or cats shall not be housed in the same primary enclosure with any other species of animals, unless they are compatible.
(e) The licensee shall isolate dogs and cats that have or are suspected of having a contagious disease from healthy animals in the colony, as directed by the attending veterinarian. When an entire group or room of dogs and cats is known or believed to have been exposed to an infectious agent, the group may be kept intact during the process of diagnosis, treatment, and control.
(f)(1) The licensee shall not house more than 12 adult non-conditioned cats in the same primary enclosure. The licensee shall not house more than 12 adult non-conditioned dogs in the same primary enclosure.
(2) Non-conditioned means that an animal has not been subjected to special care and treatment for a sufficient time for the animal to stabilize, and where necessary, to improve its health.
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K.A.R. 9-25-8. Exercise for dogs.
Each retail breeder licensee shall develop, document, and follow an appropriate plan to provide dogs with the opportunity for exercise. The attending veterinarian shall approve the plan. The licensee shall make the plan available to the livestock commissioner upon request. The plan shall include written standard procedures to be followed in providing the opportunity for exercise. At a minimum, the plan shall comply with each of the following requirements.
(a) Dogs housed individually. The licensee shall provide the opportunity for exercise regularly to each dog over 12 weeks of age, except bitches with litters, which are housed, held, or maintained by the licensee individually in cages, pens, or runs that provide less than two times the required floor space for that dog, as indicated in K.A.R. 9-25-5(d)(1).
(b) Dogs housed in groups. Any licensee housing, holding, or maintaining dogs over 12 weeks of age in groups shall not be required to provide additional opportunities for regular exercise if the dogs are maintained in cages, pens, or runs that provide, in total, at least 100 percent of the space required in K.A.R. 9-25-5(d)(1) for dogs which are maintained separately.
Such animals may be maintained in compatible groups, unless:
(1) in the opinion of the attending veterinarian, such a housing arrangement would adversely affect the health or well-being of one or more dogs; or
(2) any dog exhibits aggressive or vicious behavior.
(c) Methods and period of providing exercise opportunity.
(1) The attending veterinarian shall determine the frequency, method, and duration of the opportunity for exercise.
(2) In developing the plan, each licensee shall consider providing positive physical contact with humans that encourages exercise through play or other similar activities. If a dog is housed, held, or maintained at a facility without sensory contact with another dog, the licensee shall provide the dog with positive physical contact with humans at least daily.
(3) The opportunity for exercise may include the following:
(A) providing group housing in cages, pens, or runs that provide at least 100 percent of the space that is required under the minimum floor space requirements of K.A.R. 9-25-5(d)(1) for dogs maintained separately;
(B) maintaining individually-housed dogs in cages, pens, or runs that provide at least twice the minimum floor space required by K.A.R. 9-25-5(d)(1);
(C) providing access to a run or open area at the frequency and duration prescribed by the attending veterinarian; or
(D) other similar activities.
(4) Forced exercise methods or devices, including swimming, treadmills, or carousel-type devices, shall not meet the exercise requirements of this regulation.
(d) Exemptions.
(1) If in the opinion of the attending veterinarian, it is inappropriate for certain dogs to exercise because of their health, condition, or well-being, the licensee may be exempted from meeting the requirements of this regulation for those dogs. The attending veterinarian shall document such an exemption, and unless the basis for exemption is a permanent condition, shall review the exemption at least every 30 days.
(2) The licensee shall maintain records of any exemptions. These records shall be made available to the livestock commissioner upon request.
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K.A.R. 9-25-9. Feeding.
(a) Each retail breeder licensee shall feed all dogs and cats at least once each day, except as otherwise might be required to provide adequate veterinary care.
The food shall be uncontaminated, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of the animal. The diet shall be appropriate for the individual animal s age and condition.
(b)(1) Each licensee shall provide food receptacles for dogs and cats, which shall:
(A) be readily accessible to all dogs and cats;
(B) be located so as to minimize contamination by excreta and pests;
(C) be protected from rain and snow; and
(D) be disposable or made of a durable material that can be easily cleaned and sanitized. If the food receptacles are not disposable, the licensee shall keep the receptacles clean and sanitized using one of the methods described in K.A.R. 9-25-6(b). If the food receptacles are disposable, the licensee shall discard the receptacles after one use.
(2) Any licensee may use self-feeders for feeding dry food. If self-feeders are used, the licensee shall keep the self-feeders clean and sanitized in accordance with K.A.R. 9-25-6(b).
Each licensee shall take measures to ensure that there is no molding, deterioration, or caking of feed.
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K.A.R. 9-25-10. Watering.
If potable water is not continually available to the dogs and cats, the retail breeder licensee shall offer potable water to the dogs and cats as often as necessary to ensure their health and well-being, but not less than twice daily for at least one hour each time, unless restricted by the attending veterinarian. Each licensee shall make potable water continuously available if the ambient temperature is more than 85° F.. In accordance with K.A.R. 9-25-6(b), each licensee shall keep the water receptacles clean and sanitized while in use and shall clean and sanitize water receptacles before they are used to water a different dog, cat, or social grouping of dogs or cats.
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K.A.R. 9-25-11. Employees.
Each retail breeder licensee shall employ enough individuals to carry out the level of husbandry practices and care required in article 25 of these regulations.
Each employee who provides husbandry and care, or who handles animals, shall be supervised by an individual who has the knowledge, background, and experience in proper husbandry and care of dogs and cats to supervise others. The licensee shall ensure that the supervisor and other employees can perform to these standards.
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K.A.R.9-25-12. Age of animal.
A retail breeder licensee shall not sell or exchange any dog or cat unless the dog or cat is at least eight weeks of age and has been weaned. “Weaned” means that an animal has become accustomed to taking solid food and has done so, without nursing, for a period of at least five days.
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K.A.R. 9-25-13. Access to and inspection of records and property.
Each retail breeder licensee shall, during business hours, allow the livestock commissioner or the commissioner’s representatives to take any of the following actions:
(a) enter its place of business;
(b) examine records required to be kept under K.A.R. 9-25-14;
(c) make copies of the records;
(d) inspect and photograph the facilities, property, and animals to the extent the livestock commissioner or the commissioner s representatives consider necessary to enforce the Kansas pet animal act, and article 25 of these regulations;
(e) document, by the taking of photographs and other means, conditions and areas of noncompliance; and
(f) use a room, table, or other facility necessary for the proper examination of the records and inspection of the property or animals.
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K.A.R. 9-25-14. Records.
(a) Each retail breeder licensee shall keep and maintain records for each animal purchased, acquired, held, transported, sold, or disposed of in some other manner. The records shall include the following:
(1) the name and address of the person from whom each animal was acquired;
(2) the date each animal was acquired;
(3) a description of each animal, including the following:
(A) the animal s age, size, color markings, sex, and breed;
(B) any available information regarding vaccinations; and
(C) any other significant identification for each animal, including any official tag number, microchip, or tattoo; and
(4) the name and address of the person to whom any animal is sold, given, bartered, or otherwise delivered and the date the transaction took place. The record shall show the method of disposition.
(b) Each licensee shall store records on the premises where the animals are located and shall make the records available for inspection.
(c) Each licensee shall keep records for the current fiscal year and the previous fiscal year.
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K.A.R. 9-25-15. Adequate medical veterinary care.
Each retail breeder licensee shall have an attending veterinarian who shall provide, to the licensee s animals, adequate veterinary care, as defined in K.S.A. 47-1701(dd).
Article 26 - Euthanasia
K.A.R. 9-26-1. Euthanasia methods.
(a) Adoption by reference. The report entitled 2000 Report of the AVMA Panel on Euthanasia,” in the journal of the American veterinary medical association (JAVMA), vol. 218, no. 5, pages 669-696, including all tables, references, and appendices, as published on March 1, 2001, is adopted by reference.
(b) Acceptable methods of euthanasia. Each licensee shall use only those methods of euthanasia identified in the “2000 Report of the AVMA Panel of Euthanasia” as “acceptable” forms of euthanasia for the species of animal that is to be euthanized
(c) Proper handling of animals during euthanasia procedure. Each licensee and permit holder who euthanizes animals shall follow the recommendations and guidelines for the handling and care of animals during the euthanasia process, as set out in the “2000 Report of the AVMA Panel on Euthanasia.”
CHAPTER 47.--LIVESTOCK AND DOMESTIC ANIMALS. ARTICLE 6.--PROTECTION OF DOMESTIC ANIMALS. SHEEP, CATTLE OR HOGS.
47-645. Liability of owner of dog for damages.
If any dog shall kill, wound or worry any domestic animal the owners of such dog shall be liable to the owner of such animal for all damages that may be sustained, thereby to be recovered by the parties so injured before any court having competent jurisdiction.
History: G.S. 1868, ch. 105, § 44; L. 1911, ch. 313, § 1; May 22; R.S. 1923, 47-645.
47-646. Killing dog lawful, when.
It shall be lawful for any person at any time to kill any dog which may be found injuring or attempting to injure any livestock as defined in K.S.A. 47-1001, and amendments thereto.
History: G.S. 1868, ch. 105, § 45; R.S. 1923, 47-646; L. 1947, ch. 303, § 2; L. 1996, ch. 90, § 8; July 1.
47-646a. Same; unconfined dogs in violation of quarantine.
It shall be lawful for any authorized representative of the livestock commissioner, any sheriff, any city marshal or any law enforcement officer at any time to kill any dog which may be found unconfined in violation of any rabies quarantine or other quarantine order issued by the state livestock commissioner or issued by the secretary of health and environment.
History: L. 1947, ch. 303, § 3; L. 1975, ch. 462, § 56; L. 1989, ch. 156, § 35; July 1.
CHAPTER 47.--LIVESTOCK AND DOMESTIC ANIMALS. ARTICLE 8.--REGISTRATION OF VETERINARIANS.
47-835. Abandonment of animals; notice to owner; relief from liability for disposal; "abandoned" defined.
(a) Any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, which shall be unclaimed by its owner or its owner's agent for a period of more than ten (10) days after written notice by registered or certified mail, return receipt requested, is given the owner or the owner's agent at such person's last known address, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as the custodian may deem proper.
(b) The giving of notice to the owner, or the agent of the owner, of such animal by the licensed veterinarian, as provided in subsection (a) of this section, shall relieve the licensed veterinarian and any custodian to whom such animal may be given of any further liability for disposal. Such procedure by a licensed veterinarian shall not constitute grounds for disciplining procedure under this act.
(c) For the purpose of this act, the term "abandoned" shall mean to forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or its owner's agent. Such abandonment shall constitute the relinquishment of all rights and claims by the owner to such animal.
History: L. 1969, ch. 261, § 22; L. 1980, ch. 155, § 17; July 1.
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