Subchapter 1
532:15-1-1. Minimum standards of care generally
532:15-1-2. Definitions
Subchapter 3
532:15-3-1. Food and water requirements; storage of food
532:15-3-2. Housing facilities
532:15-3-3. Primary enclosures
532:15-3-4. Waste removal and sanitization
532:15-3-5. Veterinary care
532:15-3-6. Grooming
532:15-3-7. Exercise requirements
532:15-3-8. Quarantine
532:15-3-9. Adequate rest between breeding cycles
532:15-3-10. Other facility and employee requirements
532:15-3-11. Pet identification number, microchip requirement
532:15-3-12. Euthanasia procedures
Subchapter 5
532:15-5-1. General transportation requirements
532:15-5-2. General travel requirements
532:15-5-3. Consignments to carriers
532:15-5-4. Primary enclosures used to transport live pets
532:15-5-5. Food and water during transportation
Subchapter 7
532:15-7-1. Records
532:15-7-2. Pet health history provided to purchaser; sale of unhealthy pets
532:15-7-3. Sales invoice or statement
532:15-7-4. Location of sales
532:15-7-5. Prohibition on the purchase, sale, or transportation of stolen pets
532:15-7-6. Other requirements or acts prohibited
Subchapter 1
532:15-1-1. Minimum standards of care generally
Commercial pet breeders shall provide that level of care to pets, including sufficient food and water, regular exercise, veterinary care, adequate grooming, natural or artificial light during daylight hours, adequate space in living quarters, protection from the elements and extreme temperatures, and adequate resting time between breeding cycles, that ensures the general health and well-being of all pets the commercial pet breeder owns. All commercial pet breeders shall comply with the standards of care set forth in this Chapter and shall at all times be able and encouraged to provide conditions improved beyond the minimum standards set forth by this Chapter. With regard to care elements not specifically addressed in this Chapter, commercial pet breeders shall be guided by the generally accepted standards of breeding and husbandry. The provisions of this Chapter are in addition to, and not in lieu of, any other state and federal laws regarding animal welfare. This Chapter is not intended to limit any state law or regulation governing the welfare of animals, nor shall anything in this section prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations in addition to this section.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
“Act” means the Commercial Pet Breeders Act, codified at 59 O.S. § 5001 et. seq.
“Adult Animal” means an animal six months of age or older.
“Animal” means a dog or a cat.
“Applicant” means any person who submits an application to the Board for a commercial pet breeder license.
“Application Evaluator” means the Board if the Board does not delegate to the Application Committee the consideration of an application and the conduct of an inspection, but it shall mean the Application Committee if the Board delegated the consideration of an application and the conduct of an inspection to the Application Committee.
“Association” means two or more persons who act together in relation to commercial pet breeding activities or mutually undertake pet breeding activities in such a way that they have mutual or shared duties and obligations, shared or mutually available property or employees, shared profits or losses, or act in such a way that the pet breeding activities of one person affect or benefit the other.
“Board” means the Commercial Pet Breeders Board, created by 59 O.S. § 5001 et. seq.
“Carrier” means commercial carriers and intermediate handlers.
“Cat” means a mammal that is wholly or partly of the species Felis domesticus.
“Commercial pet breeder” means any person that possesses or has possessed at any time in the last twelve months eleven or more adult intact female animals for use in breeding or dealing in animals for direct or indirect sale or for exchange in return for consideration. Household pets kept by breeders which the breeder has registered with the Board as not being used in breeding or dealing shall not be counted under this definition. [ 59 O.S. § 5002(4)].
“Describing” a pet or the “description” of a pet means a description of the breed, gender, color, any distinctive qualities, date of birth, and the pet identification numbers required under these Rules.
“Dog” means a mammal that is wholly or partly of the specis Canis familiaris.
“Entity” means a corporation, limited liability company, a general partnership, limited partnership, limited liability partnership, limited liability limited partnership, professional corporation, trust or other with a recognized legal existence under the laws of the State of Oklahoma.
“Housing Facility” means the location that houses the primary enclosures holding pets, and may consist of interior space or exterior shelters, or the space in which pets are held, if the pets are not held inside a primary enclosure.
“Kitten” means a cat less than six (6) months old.
“Licensee” means a commercial pet breeder that has obtained a temporary or permanent license to operate as a commercial pet breeder from the Board.
“Location” means the actual physical address or known place of business.
“Oklahoma entity” means an entity created by filing creation or registration documents with the Oklahoma Secretary of State, or a trust having its legal sites in Oklahoma.
“Owner” means a person who owns 10% or more of the ownership interest in a commercial pet breeder, directly or indirectly, in an entity.
“Person” mean an individual, association, trust, or entity.
“Pet” means a dog or cat, including a puppy or kitten.
“Possess” means to have custody of or control over, except that it shall not include having custody or control of a pet within Oklahoma by a person who is not a resident of Oklahoma and who is in Oklahoma for the sole purpose of attending a competitive show held in Oklahoma.
“Primary Enclosures” means the primary structure that restricts a pet's ability to move in a limited amount of space, such as a room, cage or compartment, or an enclosed fenced or walled area when there is no other structure restraining the pets' ability to move.
“Puppy” means a dog less than six months old.
“Recipient” means the person to whom a commercial pet breeder ships a pet using a carrier.
“These Rules” means the Rules adopted by the Commercial Pet Breeders Board and recorded at Title 532, Chapter 15 of the Oklahoma Administrative Code.
“To house” means to hold an animal or to provide an animal living quarters or shelter for any amount of time, except that it shall not include the holding or transporting of a pet within the state of Oklahoma by a person who is not a resident of Oklahoma and who is in Oklahoma for the sole purpose of attending a competitive show held in Oklahoma.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
Subchapter 3
532:15-3-1. Food and water requirements; storage of food
(a) Water. Commercial pet breeders shall provide access to potable water to pets as often as necessary to ensure their health and well-being. Commercial pet breeders that do not provide pets constant access to water shall offer water to pets at least three times daily for at least 1 hour each time, unless restricted by the attending veterinarian, or unless a veterinarian has directed that the commercial pet breeder shall provide the pet access to water more times than three times per day.
(b) Feeding. Commercial pet breeders shall feed pets at least once each day, but they shall feed pets more than once each day if required in order to provide adequate veterinary care. Commercial pet breeders shall feed pets food that is uncontaminated, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of the animal, according to the pet's breed, age, and condition. Commercial pet breeders shall refrigerate perishable food.
(c) Food and water receptacles. Commercial pet breeders shall use food and water receptacles to deliver food and water to pets. Commercial pet breeders shall make food and water receptacles readily accessible to each pet, and shall place food and water receptacles in a location where the receptacle and its contents will not likely become contaminated by excreta, pests, or otherwise, and where food will be protected from the elements. Food and water receptacles must be disposable, or they must be made of a durable material that can be easily cleaned and sanitized. Commercial pet breeders shall keep food receptacles clean at all times in which they contain food, and shall clean and sanitize water receptacles daily. Commercial pet breeders shall discard disposable receptacles after one use.
(d) Storage. Commercial pet breeder shall store food supplies in a manner that protects the food from spoilage, contamination, molding, caking, and vermin infestation and prevents deterioration of the food's nutritive value.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-3-2. Housing facilities
(a) General. Commercial pet breeders shall house pets in housing facilities that at all times keep the pets dry, protect pets from exposure to the elements, extreme weather conditions, or hazards that could endanger the pets, contain the pets securely, and restrict other animals from entering the housing facility. Commercial pet breeders shall keep the housing facilities in good repair.
(b) Cover, shade, and temperatures. Commercial pet breeders shall house animals in housing facilities that shelter pets from direct sunlight and extreme heat. Exterior housing facilities shall include shaded or covered areas large enough to fit all pets simultaneously, in a sitting, laying or outstretched position, and protect pets from the elements. Commercial pet breeders shall not keep pets in an exterior or sheltered housing facility when the temperature in the facility falls below 50 °F (10 °C) unless the pets are acclimated to lower temperatures, and can withstand such temperatures without stress and discomfort, as certified by a veterinarian, including that commercial pet breeders shall not keep sick, aged, young, or infirm pets under temperatures lower than 50 °F (10 °C) unless directed by a veterinarian. Commercial pet breeders shall provide dry bedding to pets located in exterior housing facilities when outside temperatures are below 50 degrees Fahrenheit in order to allow pets to conserve body heat. Commercial pet breeders using indoor housing facilities shall maintain such facilities sufficiently heated and cooled when necessary to protect the pets from temperature or humidity extremes and to provide for pets' health and well-being. When pets are present, the ambient temperature in the facility must not fall below 50°F for and must not rise above 85 °F.
(c) Surfaces. The surfaces of housing facilities--including houses, dens, and other furniture-type fixtures and objects within the facility, but excluding fencing or walls that delineate outer boundaries of a facility or property--that pets might touch, reach, or otherwise come in contact with shall be constructed of materials that allow the surfaces to be readily cleaned and sanitized, or removed or replaced when worn or soiled. Commercial pet breeders shall keep all surfaces that pets might touch, reach, or otherwise come in contact with clean and sanitized. Surfaces that pets may reach, touch, or otherwise come in contact with must be free of jagged, sharp, or rough edges that might cause the pets injury. Any metal wire flooring that pets may come into contact with must be covered in a protective plastic or rubber coating and slatted surfaces shall not allow the pets' feet to pass through or get caught or trapped.
(d) Ventilation. Commercial pet breeders shall provide sufficient ventilation to indoor or sheltered housing facilities containing pets to provide for the pets' health and well-being, and to minimize odors, drafts, ammonia levels, and moisture condensation. Commercial pet breeders may provide the ventilation by using windows, vents, fans, or air conditioning, but they shall use auxiliary ventilation, such as fans, blowers, or air conditioning when the outside temperature is 85 °F (29.5 °C) or higher. Commercial pet breeders shall maintain the relative humidity at a level that ensures the health and well-being of the pets housed therein, in accordance with the directions of the attending veterinarian and generally accepted professional and husbandry practices. Commercial pet breeders shall maintain ammonia levels at less than 20 parts per million at all locations within the housing facility. Ammonia levels for the housing facility will be measured by taking measurements at various locations in the facility. The number of measurements to be taken shall be equal to the number that is 10% of the total number of pets housed in the facility. The measurements shall be taken at the shoulder height of randomly selected pets located throughout the housing facility. Ammonia in a primary enclosure shall be measured no sooner than 30 minutes after the completion of active cleaning of that primary enclosure.
(e) Running water and electricity. Commercial pet breeders shall provide or secure the provision of adequate running potable water to housing facilities to allow the commercial pet breeder to clean and sanitize, and to provide drinking water to the pets. Commercial pet breeders shall provide or secure the provision of reliable electric power adequate for heating, cooling, ventilation, and lighting, and for carrying out other husbandry requirements in accordance with these rules.
(f) Outdoor floors. Outside floor areas in contact with pets and exposed to direct sun shall consist of concrete, compacted earth, absorbent bedding, sand, gravel, grass, or other material that does not transfer heat and become hot to the touch. Solid outdoor floors are subject to sanitization requirements, and commercial pet breeders shall remove feces and debris from the floor and clean as necessary on a daily basis. Commercial pet breeders shall rake or spot-clean outdoor floors made of dirt, absorbent bedding, sand, gravel, grass, or other similar material with sufficient frequency to ensure all animals the freedom to avoid contact with excreta. Commercial pet breeders shall replace contaminated outdoor material that is not solid whenever this raking and spot-cleaning is not sufficient to prevent or eliminate odors, insects, pests, or vermin infestation.
(g) General maintenance. Commercial pet breeders shall keep housing facilities free of accumulations of trash, junk, waste products, and discarded matter, and they 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 pets.
(h) Pest control. Commercial pet breeders shall adopt and use an effective program for the control of insects, vermin, external parasites affecting pets, and other pests, and to reduce contamination by pests in animal areas.
(i) Light. Commercial pet breeders shall provide all areas housing animals a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and for the well-being of the pets. Commercial pet breeders shall arrange or place primary enclosures in a manner that protects the pets from excessive light.
(j) Compatibility. Commercial pet breeders may place only compatible pets in the same primary enclosure. Commercial pet breeders shall not place breeding female animals in heat in the same enclosure at the same time with sexually mature male animal, except for breeding purposes; breeding females and their litters in the same enclosure at the same time with other adult dogs; puppies or kittens under four months of age with other adult animals other than their dam or foster dam; or animals exhibiting vicious or an aggressive disposition with any other animal. Commercial pet breeders shall not place more than six (6) adult pets simultaneously in any enclosure. Notwithstanding the foregoing, breeding colonies are permitted.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-3-3. Primary enclosures
(a) Size requirements for dogs.
(1) Commercial pet breeders may house up to six dogs who have been removed from their whelping box in the same primary enclosure, which primary enclosure must provide at least the following amount of square feet of floor space:
(A) For an enclosure containing one dog, the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; divided the product by 144, times 2. Mathematically, the space the commercial pet breeder must provide for the first dog equals 2 x [(length of dog in inches + 6) x (length of dog in inches + 6)/144].
(B) For an enclosure containing two dogs, the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; divided the product by 144, times 3. Mathematically, the space the commercial pet breeder must provide for the first dog equals 3 x [(length of dog in inches + 6) x (length of dog in inches + 6)/144].
(C) For an enclosure containing three dogs, the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; divided the product by 144, times 4. Mathematically, the space the commercial pet breeder must provide for the first dog equals 4 x [(length of dog in inches + 6) x (length of dog in inches + 6)/144].
(D) For an enclosure containing four dogs, the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; divided the product by 144, times 5. Mathematically, the space the commercial pet breeder must provide for the first dog equals 5 x [(length of dog in inches + 6) x (length of dog in inches + 6)/144].
(E) For an enclosure containing five dogs, the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; divided the product by 144, times 6. Mathematically, the space the commercial pet breeder must provide for the first dog equals 6 x [(length of dog in inches + 6) x (length of dog in inches + 6)/144].
(F) For an enclosure containing six dogs, the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; divided the product by 144, times 7. Mathematically, the space the commercial pet breeder must provide for the first dog equals 7 x [(length of dog in inches + 6) x (length of dog in inches + 6)/144].
(2) Commercial pet breeders shall provide each bitch with nursing puppies the amount of floor space calculated under subsection (1)(A) of this section plus sufficient floor space to allow for a whelping box and the litter, based on the bitch's breed and behavioral characteristics, and in accordance with generally accepted husbandry practices, as determined by the attending veterinarian, but at a minimum large enough to allow the mother to stretch out on her side, permitting all the puppies to nurse. If the additional amount of floor space for each nursing puppy is less than 5 percent of the minimum requirement for the bitch, such housing must be approved by the attending veterinarian in the case of a research facility, and, in the case of dealers and exhibitors, such housing must be approved by the attending veterinarian. At such time as the puppies are able to leave the whelping box, the calculations for additional dogs as specified immediately above shall apply. Any whelping box or enclosure shall provide for enough room to allow the bitch to separate from the pups in the box or enclosure. Minimum floor space required by this section shall be calculated excluding floor space taken up of by food pans, water pans, and litter boxes.
(b) Additional space requirements for cats. Commercial pet breeders shall house cats in primary enclosures at least 24 inches high; containing a resting surface or surfaces large enough to hold all the occupants of the primary enclosure at the same time comfortably; and containing at least 3.0 square feet of floor space for each cat weighing up to 8.8 pounds, at least 4.0 square feet of floor space for each cat more than 8.8 pounds. Additionally, commercial pet breeders shall provide each queen with nursing kittens an additional amount of floor space per nursing kitten, based on the queen's breed and behavioral characteristics and in accordance with generally accepted husbandry practices, which per kitten additional floor space shall be in no event less than 5% of the minimum space requirement for the queen. Low resting surfaces that do not allow a cat to comfortable occupy the space under them will not be counted as part of the floor space. Minimum floor space required by this section shall be calculated excluding floor space taken up of by food pans, water pans, and litter boxes.
(c) Flooring requirements. Commercial pet breeders shall only use primary enclosures that have floors that are constructed in a manner that protects the pets' feet and legs from injury, and that, if of mesh or slatted construction, do not allow the pets' feet to pass through or become stuck in any openings in the floor. If the floor of a primary enclosure is composed of a mesh or wire, the mesh or wire must be coated in plastic or rubber to protect pets' feet from injury. Additionally, if the floor of a primary enclosure is composed of coated wire, the commercial pet breeder shall provide temporary or permanent covers or inserts creating a solid surface within the primary enclosure equal to 25% of the minimum size of the enclosure, as calculated under subsection a of this section. In all events commercial pet breeders may only use primary enclosures containing suspended or elevated floors if such floors are strong enough so that the floor does not sag or bend between the structural supports.
(d) Stacking of dog enclosures. Commercial pet breeders may stack primary enclosures containing pets over other primary enclosures containing pets if there is a barrier or drainage system between the upper enclosure and the lower enclosure that prevents all feces and debris from falling from the upper enclosure into the lower enclosure.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-3-4. Waste removal and sanitization
(a) Generally. Commercial pet breeders shall sanitize at least once every week all solid or wire surfaces that the pets may reach, touch, or otherwise come in contact with.
(b) Waste removal. Commercial pet breeders shall remove excreta, discarded food, and any type of waste daily from all surfaces that pets may reach, touch, or otherwise come in contact with.
(c) Sanitization. Sanitization, as used in this chapter shall mean the removal of all waste, standing water, and cleaning of all surfaces that animals may reach, touch, or otherwise come in contact with. Commercial pet breeders shall remove all pets from the enclosure during cleaning and sanitization and shall hold them in an enclosure satisfying the minimum space requirement set forth in this Chapter or in an exercise area. Commercial pet breeders shall ensure other pets and enclosures containing other pets do not become contaminated with wastes or discarded materials removed from an enclosure or the housing facility. Commercial pet breeders shall clean the pans under primary enclosures with slatted floors daily, or more often if necessary to prevent accumulation of feces and food waste and to reduce disease hazards, pests, insects, and odors.
(d) Drainage and waste disposal. Commercial pet breeders' waste disposal practices shall comply with DEQ guidelines and other applicable municipal ordinances, state statutes, and federal codes for disposal of pet waste. Commercial pet breeders shall undertake regular and frequent collection, removal, and disposal of animal and food wastes, bedding, debris, garbage, water, other fluids, wastes, and dead pets, in a manner that minimizes contamination and disease risks. Commercial pet breeders shall equip housing facilities and primary enclosures with disposal facilities and drainage systems that rapidly eliminate pet waste and allow animals to remain clean and dry at all times. Commercial pet breeders shall properly construct, install, and maintain all drains. If commercial pet breeders use closed drainage systems, the drains must be equipped with traps and prevent the backflow of gases and the backup of sewage onto the floor or any surface that animals might touch. If the facility uses sump or settlement ponds, or other similar systems for drainage and animal waste disposal, the system must be located far enough away from the pet area of the housing facility holding pets to prevent odors, diseases, pests, and vermin infestation. Trash containers in housing facilities and in food storage and food preparation areas must be leak proof and must have tightly fitted lids on them at all times. Commercial pet breeders shall not keep or allow to be kept animal carcasses or animal waste in food storage or preparation areas, food freezers, food refrigerators, or areas that pets may touch or reach. Cleaning and treatment of all waste including water shall be done in such a manner that there shall be no adverse effect on any animal in the area.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
Commercial pet breeders must provide animals with adequate veterinary care to ensure animals' well-being, including an annual physical exam conducted by an Oklahoma State Licensed Veterinarian. Commercial pet breeders shall provide sick or injured animals veterinary care within 24 hours, unless on weekends, in which case commercial pet breeders shall provide sick or injured animals veterinary care on the next business day. Commercial pet breeders shall follow the directives of the veterinary doctor for care of the animal, including that commercial pet breeders shall provide to the animals any medications prescribed by the veterinarian and additional food, water, exercise, or other element that the animal may be lacking. Rabies vaccine may only be administered under the supervision of an Oklahoma licensed veterinarian.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
Commercial pet breeders shall provide grooming to all dogs, including brushing, tangle removal, nail trims, and hair trimming, and bathing frequently enough to maintain good skin health and odor control, with less than 5% of coat matted, and no signs of long standing dirt and grime, as recommended by the American Kennel Club in its standards for each particular breed.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-3-7. Exercise requirements
Commercial pet breeders shall develop, document, and follow an appropriate plan to provide pets with the opportunity for exercise. In addition, the plan must be approved by the attending veterinarian, according to reasonable professional standards. The plan shall include written procedures to be followed in providing pets the opportunity for exercise. The plan must be made available to the Board upon request. The plan, at a minimum, must comply with each of the following:
(1) Dogs housed individually. Commercial pet breeders shall provide pets over 12 weeks of age that are housed, held or maintained individually, except bitches with litters, the opportunity for regular exercise in cages, pens, or runs that provide no less than two times the required floor space in a primary enclosure for that pet, as required in this Subchapter.
(2) Dogs housed in groups. Commercial pet breeder shall not be required to provide additional opportunity for exercise to pets over 12 weeks of age that are housed, held, or maintained in groups if the pets are maintained in cages, pens, or runs that provide in total at least 100 percent of the required space for each pet if maintained separately.
(3) Contact requirement. Commercial pet breeders and attending veterinarians, in developing their plan, should consider providing positive physical contact with humans that encourages exercise through play or other similar activities. If a pet is housed, held, or maintained in a primary enclosure without sensory contact with another pet, it must be provided with positive physical contact with humans at least daily.
(4) Method of exercise. The attending veterinarian shall determine the frequency, method, and duration of the opportunity for exercise. The opportunity for exercise may be provided in a number of ways, such as:
(A) Group housing in cages, pens or runs that provide at least 100 percent of the required space for each pet if maintained separately under the minimum floor space requirements for primary enclosures required in this Subchapter;
(B) Maintaining individually housed dogs in cages, pens, or runs that provide at least twice the minimum floor space for primary enclosures required in this Subchapter; or
(C) Other similar activities.
(5) Prohibited exercise tools. Forced exercise methods or devices such as swimming, treadmills, or carousel-type devices are unacceptable for meeting the exercise requirements of this section.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
In order to minimize the dissemination of disease, commercial pet breeders shall separate from other animals those animals that are under quarantine or receiving treatment for a suspected communicable disease.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-3-9. Adequate rest between breeding cycles
Commercial pet breeders may only breed healthy female dogs or cats. Commercial pet breeders shall not breed a female dog or cat before she has reached age 10 months or her second heat cycle, whichever comes first.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-3-10. Other facility and employee requirements
(a) Washrooms and sinks. Commercial pet breeder facilities must have readily accessible washing facilities such as washrooms, basins, sinks, or showers to be used by animal caretakers.
(b) Employee requirements. Commercial pet breeders shall provide at each facility sufficient caretakers, to carry out the level of husbandry practices and care required in this Chapter with respect to each pet housed or kept in the facility. Caretakers who provide for husbandry and care or handle animals must be supervised by an individual who has the knowledge, background, and experience in proper husbandry and care of animals to supervise others. Caretakers may include unpaid volunteers, such as the owners of the commercial pet breeder and members of their family as well as other volunteers. If unpaid workers available to the commercial pet breeder are not able to carry out the level of husbandry practices and care required in this Chapter, the commercial pet breeders must employ additional staff persons, as necessary.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-3-11. Pet identification number, microchip requirement
Commercial pet breeders shall identify each pet two months of age or older and each pet prior to sale or transference of ownership, if before 2 months of age, with a form of permanent identification, including an implanted permanent pet identification number microchip, tattoo, or other similar mechanism, mark, or devise. Licensees may tattoo in accordance with their registering organizations or Federal USDA licensing guidelines. The Licensee will insure that the permanent identification that is placed on the pet will match their sales and breeding records as required by the rules. Licensees that choose to tattoo, that are not tattooing according to any set guidelines or regulations from a registration agency or other licensing agency will tattoo in accordance with the following method: OK “License Number”-“Pet Tracking Number”. Example: OK123-12.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-3-12. Euthanasia procedures
Animals owned or housed by a commercial pet breeder may only be euthanized by an Oklahoma State licensed Veterinarian or Oklahoma Registered Veterinary Technician under the order of a Oklahoma licensed Veterinarian following Oklahoma Practice Act under OS 59 § 698 under accepted euthanasia protocol.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
Subchapter 5
532:15-5-1. General transportation requirements
When commercial pet breeders remove pets from housing facilities for transportation, including delivery to purchasers and transportation to auctions or sale locations, they shall transport and care for the pets in a manner that ensures traveling pets' safety, access to food and water, continued enclosure ventilation and sanitation, adequate space, and protection from the elements and extreme temperatures in a reasonably similar manner to that required by these Rules. Commercial pet breeders shall comply with the requirements of this Subchapter while the commercial pet breeder or its agents transport pets.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-5-2. General travel requirements
(a) Food and water. Commercial pet breeders shall provide food and water to pets scheduled to be transported during the 4 hours before travel or before the commercial pet breeder delivers the pet to the carrier. Commercial pet breeders shall provide a small amount of food of the type the pet is regularly fed in a dry storage bag to accompany the animal during transport.
(b) Temperature and ventilation during travel. When transporting pets, commercial pet breeders shall maintain the temperature in pet holding, transportation, or cargo areas above 45 °F (7.2 °C) and below 85 °F (29.5 °C) while pets are present, except for temporary variations in temperature which in no event shall last more than 4 consecutive hours when animals are present inside a holding, transportation or cargo area or 45 minutes while animals are being transported between holding areas. Commercial pet breeders shall adequately ventilate pet holding areas through windows, doors, vents, fans, blowers, or air conditioning at all times that pets are present, and shall use auxiliary ventilation, such as exhaust fans, vents, fans, blowers, or air conditioning when the ambient temperature is 85 °F (29.5 °C) or higher.
(c) Pet removal from primary enclosures. During travel, commercial pet breeders shall remove pets their primary enclosures every 24 hours to allow the pet to urinate, defecate, and obtain exercise.
(d) Ban on shipment of young pets. Commercial pet breeders shall not sell or transfer ownership of, ship, directly or indirectly, pets under 8 weeks of age.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-5-3. Consignments to carriers
(a) Time of delivery. Commercial pet breeders shall not deliver a pet for transport in commerce more than 4 hours before the scheduled departure time of the car, truck, train, aircraft, or other vehicle or transport on which the pet is to be transported.
(b) Address of recipient. Commercial pet breeders shall obtain the name, address, and telephone number of the recipient before delivering a pet for transport by a carrier, and they must provide the address to the carrier.
(c) Certification of pet condition. The commercial pet breeder shall prepare a written statement of each traveling pet's condition and shall attach the certification to the outside of each traveling pet's primary enclosure in an easily visible location that allows persons looking at the primary enclosure to read the certification. The certification shall provide the following:
(1) The commercial pet breeder shall certify that it provided food and water to the pet during the 4 hours before the pet was delivered for transport and state the time the feeding and watering occurred;
(2) Instructions for feeding or watering the animal for a 24-hour period in accordance with these regulations, and commercial pet breeders, which, unless directed otherwise by a veterinarian, in no event shall instruct that the pet be provided no food or water are not acceptable unless directed by the attending veterinarian;
(3) The commercial pet breeder's name, address, and license number;
(4) The recipient's name, address, and telephone number;
(5) A description of the pet, as defined in this Chapter;
(6) A brief summary of the pet's immunization record; and
(7) The commercial pet breeder's signature and the date and time the certification was signed.
(d) Handling of pet at destination. The commercial pet breeder shall instruct the carrier that when a primary enclosure containing a pet has arrived at the animal holding area at a terminal facility after transport, the carrier shall attempt to notify the intended recipient upon arrival and at least once in every 6-hour period thereafter. The time, date, and method of all attempted notifications and the actual notification of the consignee, and the name of the person who notifies or attempts to notify the consignee must be written either on the carrier's or intermediate handler's copy of the shipping document or on the copy that accompanies the primary enclosure. The commercial pet breeder shall instruct the carrier that if the intended recipient cannot be notified within 24 hours after the pet has arrived at the terminal facility, the carrier shall return the pet to the commercial pet breeder or to a person that the commercial pet breeder shall designate, and the commercial pet breeder shall pay the carrier additional fees or costs associated with the re-delivery. The commercial pet breeder shall instruct the carrier that if the intended recipient is notified of the arrival of the pet and does not accept delivery of the pet within 48 hours after arrival of the animal, the carrier shall return the pet to the commercial pet breeder or to a person the commercial pet breeder designates, and the commercial pet breeder shall pay the carrier or intermediate handler additional fees or costs associated with the re-delivery. The commercial pet breeder shall contract with the carrier or intermediate handler for the carrier or intermediate handler to continue to provide proper care, feeding, and housing to the pet and maintain the pet in accordance with generally accepted professional and husbandry practices while in transportation and until the intended recipient accepts delivery of the animal or until the carrier returns the pet to the commercial pet breeder or a person the commercial pet breeder designates.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-5-4. Primary enclosures used to transport live pets
(a) Construction of primary enclosures. Each pet must be contained in a primary enclosure such as a compartment, transport cage, or crate while being transported. Primary enclosures used to transport pet shall be constructed so that:
(1) The primary enclosure is strong enough to contain the pet securely and comfortably and to withstand the normal rigors of transportation;
(2) The interior of the primary enclosure has no sharp points or edges and no protrusions that could injure the pet contained in it;
(3) The pet is at all times securely contained within the enclosure and cannot put any part of its body outside the enclosure in a way that could result in injury to itself, to handlers, or to persons or animal nearby;
(4) The pet can be easily and quickly removed from the enclosure in an emergency;
(5) Unless the enclosure is permanently affixed to the conveyance, the enclosure must have devices such as handles or handholds on its exterior that enable persons to lift, manipulate, and move the enclosure without tilting it, and ensure that persons handling the enclosure will not come into physical contact with the pet contained inside;
(6) Unless the enclosure is permanently affixed to the conveyance, the commercial pet breeder shall clearly mark the primary enclosure on top and on one or more sides with the words “Live Animals,” in letters at least 1 inch (2.5 cm.) high, and with arrows or other markings to indicate the correct upright position of the primary enclosure;
(7) Any material, treatment, paint, preservative, or other chemical used in or on the enclosure must be nontoxic to the pet and not harmful to the health or well-being of the pet;
(8) The pet contained inside receives proper ventilation;
(9) The primary enclosure has a solid, leak-proof bottom or a removable, leak-proof collection tray under a slatted or mesh floor that prevents seepage of waste products, such as excreta and body fluids, outside of the enclosure. If a slatted or mesh floor is used in the enclosure, it must be designed and constructed so that the pet cannot fit or place any part of its body between the slats or through the holes in the mesh. Unless the pets are on raised slatted floors or raised floors made of mesh, the primary enclosure must contain enough previously unused litter to absorb and cover excreta. The litter must be of a suitably absorbent material that is safe and nontoxic to pets;
(10) The primary enclosure must not allow for excreta or other wastes to fall on other pets, including that enclosures may not be stacked if the enclosures permit wastes or excreta to fall through the enclosure.
(b) Size. Primary enclosures used to transport live pets must be large enough to ensure that each pet contained in the primary enclosure has enough space to turn about normally while standing, to stand and sit erect, and to lie in a natural position.
(c) Cleaning of primary enclosures. A primary enclosure used to hold or transport pets in commerce must be cleaned and sanitized before each use. If the dogs or cats are in transit for more than 24 hours, the commercial pet breeder shall clean the primary enclosure, replace all litters, and use other methods, such as moving the pets to another enclosure, to prevent the soiling of the pets by body wastes. If it becomes necessary to remove the pet from the enclosure in order to clean, or to move the pet to another enclosure, this procedure must be completed in a way that safeguards the pet from injury and prevents escape.
(d) Ventilation.
(1) Unless the primary enclosure is permanently affixed to the conveyance, the primary enclosure shall have:
(A) At least one-third of the ventilation area located on the upper half of the primary enclosure; and
(B) At least one of the following:
(i) Ventilation openings located on two opposing walls of the primary enclosure and the openings must be at least 16 percent of the surface area of each such wall, and the total combined surface area of the ventilation openings must be at least 14 percent of the total combined surface area of all the walls of the primary enclosure; or
(ii) Ventilation openings on three walls of the primary enclosure, and the openings on each of the two opposing walls must be at least 8 percent of the total surface area of the two walls, and the ventilation openings on the third wall of the primary enclosure must be at least 50 percent of the total surface area of that wall, and the total combined surface area of the ventilation openings must be at least 14 percent of the total combined surface area of all the walls of the primary enclosure; or
(iii) Ventilation openings located on all four walls of the primary enclosure and the ventilation openings on each of the four walls must be at least 8 percent of the total surface area of each such wall, and the total combined surface area of the openings must be at least 14 percent of total combined surface area of all the walls of the primary enclosure.
(2) If a primary enclosure is permanently affixed to the primary conveyance so that there is only a front ventilation opening for the enclosure, the primary enclosure must be affixed to the primary conveyance in such a way that the front ventilation opening cannot be blocked, and the front ventilation opening must open directly to an unobstructed aisle or passageway inside the conveyance. The ventilation opening must be at least 90 percent of the total area of the front wall of the enclosure, and must be covered with bars, wire mesh, or smooth expanded metal having air spaces.
(e) Sharing of primary enclosures. Commercial pet breeders shall transport in the same primary enclosure no more than one animal 6 months of age or older; one live puppy, 8 weeks to 6 months of age, and weighing over 20 lbs; or two live puppies or kittens up to 6 months of age, that are of comparable size, and weighing 20 lbs or less each. Commercial pet breeders shall not transport puppies or kittens 4 months of age or less in the same primary enclosure with adult animals other than their dams. Commercial pet breeders may only transport in the same primary enclosure compatible pets of the same species.
(f) Placement. Primary enclosures used to transport pets must be positioned in the primary conveyance so as to allow pets access to sufficient air for normal breathing at all times, and provide protection from the elements, including that pets shall not be wetted by precipitation when windows, doors, or other openings of animal holding or transportation areas are open. The openings of primary enclosures must be accessible at all times for emergency removal of the pets.
(g) Accompanying documents and records. Shipping documents that must accompany shipments of pets must either be held by the operator of the primary conveyance, for surface transportation only, or must be securely attached in a readily accessible manner to the outside of any primary enclosure that is part of the shipment, in a manner that allows them to be detached for examination and securely reattached, such as in a pocket or sleeve. Instructions for administration of drugs, medication, and other special care must be attached to each primary enclosure in a manner that makes them easy to notice, to detach for examination, and to reattach securely. The certification of pet condition required by of these Rules must be affixed to the primary enclosure. Shipping documents shall state the number and species of animals being transported.
(h) Litterbox. If the trip is 6 hours or more in length, a litterbox shall be provided within each crate for cats. The litterbox shall not cover more than 50% of the crate floor, and the remaining space must be large enough for the cat to stand, lie down, and turn around.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-5-5. Food and water during transportation
Commercial pet breeders shall provide food at least once every 24 hours to each animal that is 16 weeks of age and at least once every 12 hours to puppies and kittens less than 16 weeks of age. Commercial pet breeders shall provide all pets potable water at least once every 12 hours.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
Supchapter 7
(a) Operations records. Commercial pet breeders shall create, maintain, and keep records of operations, and they shall keep the operation records at the address specified in the license. The operations record shall consist of a list describing, as defined in the Chapter, all pets, that have been born, housed or kept in the facility at any time during the preceding two years, and stating the disposition of all pets listed. In describing the disposition of any pet, the commercial pet breeder shall record the following:
(1) if the animal was sold or otherwise transferred, the manner and location of the sale, transfer, or other disposition, and the purchaser's name and address, if the commercial pet breeder shipped or otherwise transported the animal to the purchaser;
(2) that the pet is still on the premises, or
(3) if the pet died while at the facility, the date of death and cause of the death.
(b) Veterinary treatment records. Commercial pet breeders shall keep at each licensed facility treatment records for each pet currently housed at the facility or that has been housed at the facility at any time during the preceding 2 years, which records shall identify and specifically describe the pet and list all veterinary treatment or contact that the pet has received while the pet was housed at the commercial pet breeder facility, including the date and result of the pet's annual health evaluation, all other visits to or by a veterinary doctor, a list of every medication, treatment, or immunization the pet has received and the date on which it was administered to the animal. With respect to any visits to veterinary doctors, the commercial pet breeder shall record in the veterinary record the reason for the visit and a summary of the observations and recommendations made by the veterinary doctor. With respect to any medications or treatments, the commercial pet breeder shall record in the veterinary record the name of the prescribing veterinary doctor, the name of the medication, the amount of the medication, and the dates on which it was administered to the pet.
(c) Sales records. Commercial pet breeders shall keep at their facility records of all sales or disposition of pet the commercial pet breeder has owned or has housed at the licensed facility at any time during the preceding 2 years. In the sales records, commercial pet breeders shall describe each sold or disposed pet and with respect to each pet list the date of transaction, the location of the transaction, the sale price, whether the commercial pet breeder transported or shipped the pet for delivery, including the location of the recipient, the age of the pet, and the name and address of the purchaser.
(d) Purchase records. Commercial pet breeders shall keep at their facility records of all pets the commercial pet breeder has purchased or otherwise acquired at any time during the preceding 2 years, which record shall include the date of the transaction, the name and address of the seller, and a description of each pet received, including the age of each pet at the time it was acquired by the commercial pet breeder.
(e) Breeding records. Commercial pet breeders shall keep at their facility breeding records, which, for each adult female animal shall list the dates she was bred, the dates on which her puppies or kittens were born, and the number of puppies or kittens in each litter.
(f) Documentation. For each pet, commercial pet breeders shall keep copies of documents evidencing the information that must be contained in the pet breeder's records, including veterinary reports, sales receipts, and shipping invoices.
(g) Review of records by the Board. Commercial pet breeders shall make all records required by this section immediately available for review during regular business hours upon receiving a request from the Board, a Board investigator, or a Board inspector.
(h) Length of records. Commercial pet breeders shall keep all of the records required by this section for each pet that was born or housed at the facility at any time during the immediately preceding two years. Commercial pet breeders may discard records related to animals that have not been at the facility at any time within the last two years.
(i) Records of activities before July 1, 2011. With respect to pets that are no longer located at the facility on July 1, 2011, commercial pet breeders shall not be required to create records for activities having occurred within the two years immediately preceding July 1, 2011. With respect to pets housed or born at the commercial pet breeder's facility after July 1, 2011, commercial pet breeders shall keep all existing records and documentation that provide any of the information required by this section, and they shall begin to create the records required by this section with information arising on or after July 1, 2011.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-7-2. Pet health history provided to purchaser; sale of unhealthy pets
(a) Immunization records. At the time of the sale, commercial pet breeders shall provide to purchasers of pets a written disclosure of all treatments involving immunizations, medications, anthelmetics (wormers) and all other treatments for parasites, administered to the purchased pet thirty days prior to the sale. The disclosure shall describe the pet and describe the product used, the dosage, and the medication or product was administered to the animal.
(b) Disclosure of health conditions upon sale; costs of care. Commercial pet breeders shall not knowingly sell a diseased or sick pet without fully disclosing the pet's condition to the purchaser. At the time they offer a pet for sale, commercial pet breeders shall disclose to the purchaser whether the offered animal has any known diseases, defects, or health conditions. If, within 10 days after receipt of a pet by the purchaser, a veterinarian states, in writing, that the pet has an undisclosed health problem or disease which existed in the animal at the time of delivery, or if within one year after receipt of the animal by the purchaser, a veterinarian states, in writing, that the pet has died or is ill due to an undisclosed hereditary or congenital defect, or is not of the breed type represented, the pet shall be considered to have been unfit for sale at the time of sale. A purchaser shall be entitled to return to the commercial pet breeder a pet that was unfit for sale and obtain full reimbursement of the purchase price, except that if the unfit pet has died within one year of delivery the purchaser may obtain a reimbursement of the purchase price without returning the pet upon providing proof that the pet has died.
(c) Purchaser defined. For purposes of cost reimbursement under this section, purchaser, as defined in subsection (b) of this section, shall include the consumer who ultimately purchases the pet if the commercial pet breeder sells the pet to an intermediary or retailer if consumer obtains a veterinary statement indicating that the pet had pre-existing health problems, as described in subsection (b), and if the commercial pet breeder failed to disclose the pre-existing health problems to the intermediary that purchased the pet from the commercial pet breeder. In such case, recovery would be limited to the price paid to the commercial pet breeder. Commercial pet breeders will not be liable to consumers if they disclose pre-existing health problems to the intermediary or retailer that ultimately sells the pet to the consumer.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-7-3. Sales invoice or statement
At the time of the sale, the commercial pet breeder shall provide the purchaser a sales statement in which the commercial pet breeder shall describe the pet, as defined in this Chapter, list the date of the transaction, the sales price, the name of the purchaser, the location of the sale and the method of delivery, the commercial pet breeder's license number where applicable, and list any health problem disclosures made to the purchaser. If the commercial pet breeder transports or otherwise ships the pet to the purchaser, the commercial pet breeder shall list the purchaser's address on the sales statement
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
Commercial pet breeders may only sell pets to purchasers from their facilities or ship or deliver pets to purchasers who request to purchase the pets from the commercial pet breeder through the phone, internet, fax, or in person when the commercial pet breeder is selling pets at a location from which persons may legally sell products, such as at a store front, farmer's market, fair, or otherwise, if the commercial pet breeder has obtain the proper permit or credential required to make sales from such location. Commercial pet breeders shall not market or sell or offer to sell any pets in retail parking lots or public parking lots, from the side of any road, or from any location that the person does not own if the person has not obtained the property permit or credentials to sell from such location. Notwithstanding the foregoing, if while located at a location from which the commercial pet breeder may legally sell products the commercial pet breeder communicates with a purchaser, through phone, fax, email, or other form of communication, and agrees to sell and deliver a pet to a purchaser, the commercial pet breeder may deliver the sold pet to the purchaser to any location upon which the commercial pet breeder and purchaser agree.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-7-5. Prohibition on the purchase, sale, or transportation of stolen pets
No Licensee shall buy, sell, or transport any stolen pet.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]
532:15-7-6. Other requirements or acts prohibited
Commercial pet breeders shall comply with all applicable state and federal laws, municipal ordinances, and reasonable requirements of the Board.
Credits
[Source: Added at 28 Ok Reg 2306, eff 7-25-11]