DEPARTMENT OF AGRICULTURE

                          ANIMAL INDUSTRY DIVISION

      REGULATION NO. 151. PET SHOPS, DOG POUNDS, AND ANIMAL SHELTERS


(By authority conferred on the director of agriculture by section  2  of  Act 
No. 287 of the Public  Acts  of  1969,  being  S287.332   of   the   Michigan 
Compiled Laws)

                       PART 1. DEFINITIONS AND SCOPE


R  285.151.1   Definitions.
  Rule 1. In addition to the definitions in Act No. 287 of the Public Acts of 
1969, as used in these rules:
  (a) "Act" means Act No. 287 of the Public Acts of 1969,  being  S287.331 et 
seq. of the Michigan Compiled Laws.
  (b) "Ambient temperature" means the temperature surrounding  an  animal.
  (c) "Department" means the department of agriculture.
  (d) "Director" means the director of the department   or   his   authorized 
representative.
  (e) "Euthanasia" means the humane destruction of an animal  accomplished by 
a method involving instantaneous unconsciousness and  immediate  death, or by 
a method involving anesthesia produced  by  an  agent  which  causes painless 
 loss   of   consciousness   and    death     during     such     loss     of 
consciousness.
  (f) "Housing facility" means a room, building, or area used  to  contain  a 
primary enclosure or enclosures.
  (g) "Incompetence" means the demonstrated incapability of   a   person   to 
understand the requirements of  these  rules  by  failure   or   refusal   to 
conform to such requirements for the care and handling of dogs  and  cats.
  (h) "Licensee" means a person, corporation, or company licensed  as  a  pet 
shop pursuant to the act.
  (i) "Primary enclosure" means a structure used to immediately restrict 1 or 
more animals to a limited amount of space, such as a  room,  pen,  run, cage, 
or compartment.
  (j) "Registrant" means a dog pound or animal shelter registered pursuant to 
the act and these rules.
  (k) "Sanitize" means to make physically clean and to remove and  destroy to 
a practical minimum agents injurious to health.
  (l) "Standards" means  the  requirements  with  respect   to   the   humane 
handling, care, treatment, and transportation of animals  by   the   licensee 
and registrant.

  History:  1979 AC.


R  285.151.2   Scope.
  Rule 2. The department may confer with the owner or operator  of  any   pet 
shop, dog pound, or animal shelter which is licensed under the  act  at   any 
time necessary in the administration of the act or these rules.

  History:  1979 AC.


         PART 2. LICENSING, REGISTRATION, ANIMAL TAGS, AND RECORDS


R  285.151.11   Pet shop licenses.
  Rule 11. (1) A person operating or desiring to operate a  pet  shop   shall 
apply for a license on a form furnished upon request  by  the  department.
The completed application form shall be filed  with   the   department.   The 
license is not transferable.
  (2) A copy of the applicable standards  shall  be   furnished   with   each 
application for license and the applicant shall acknowledge  receipt  of  the 
standards and agree to comply with them by signing  a   form   provided   for 
such purpose. The form shall be filed with the application for license.
  (3) An applicant shall demonstrate that his facilities  comply   with   the 
standards required in these rules. If the applicant's   facilities   do   not 
comply with the standards, the applicant shall be advised   in   writing   of 
deficiencies and the  corrective  measures  that  shall   be   taken   before 
facilities will be in compliance  with  the  standards.   After   January  1, 
1971, if the applicant has an existing business and his  facilities  do   not 
comply with the standards and the applicant has been duly  notified   as   to 
the corrective measures  necessary  to  comply  with   the   standards,   the 
director may issue a temporary permit  to  operate  such   facility   for   a 
period of time, to be agreed upon in  writing  by  both   parties   for   the 
purpose of bringing the facility into compliance. All  rules  of   sanitation 
shall be complied with as set forth in these rules.
  (4) A licensee shall notify the department promptly  of   any   change   in 
name, address, management, or substantial  control  or   ownership   of   his 
business or operation.
  (5) A person who has been an officer, agent, or employee  of  the  licensee 
whose license has been suspended or revoked, and who was responsible  for, or 
participated in, the violation upon  which  the  order   of   suspension   or 
revocation was based, will not be licensed during the period  in  which   the 
order of suspension or revocation is in effect.
  (6) A person whose license has been suspended or revoked shall not again be 
licensed in his own name or in any other manner during  the  period  in which 
 the  order   of   suspension   or   revocation   is   in   effect   and    a 
partnership, firm, or corporation in which such a person  has  a  substantial 
financial interest shall not be licensed during such period.

  History:  1979 AC.


R  285.151.12   Dog pound and animal shelter registrations.
  Rule 12. (1) A dog pound or  animal  shelter  shall   register   with   the 
department by completing and filing a properly executed  form  furnished   by 
the department upon request. The registration form shall be  filed  with  the 
department.
  (2) A copy of the standards set forth in these rules  shall  be   furnished 
with each registration form  and  the  registrant   shall   acknowledge   his 
receipt and agree to comply with them by signing a form   provided   by   the 
department. The form shall be signed by  the  chairman  of   the   board   of 
commissioners, city manager, or mayor in the case of a dog pound  or  by  the 
president of the animal welfare society in the case of an animal  shelter.
  (3) A registrant shall demonstrate that his facilities  comply   with   the 
standards required in these rules. If the registrant's  facilities   do   not 
comply with the standards, the registrant will be advised   in   writing   of 
deficiencies and the corrective measures that shall be   taken   before   the 
facilities are in compliance with the standards. After January  1,  1971,  if 
the registrant  and  his  existing  facilities  do  not   comply   with   the 
standards and the registrant has been duly notified as  to   the   corrective 
measures necessary to comply with the standards, the director  may  issue   a 
temporary permit to operate such facility for a  period  of   time,   to   be 
agreed upon in writing by both parties for the  purpose   of   bringing   the 
facility into compliance. All rules of sanitation shall be  complied  with as 
set forth in these rules.

  History:  1979 AC.


R  285.151.13   Pet shop, dog pound, and animal shelter records.
  Rule 13. (1) For each dog and cat purchased or  otherwise  acquired,  held, 
transported, sold, or otherwise disposed of, the management  shall  keep  and 
maintain  the  following  information  in  a  manner   prescribed   by    the 
department:
  (a) Name and address of the person from whom the animal  was  acquired  and 
the name and address of the person  to  whom  it  was   sold   or   otherwise 
disposed of.
  (b) Date of acquisition.
  (c) Description and identification of the animal,  including   the   breed, 
sex, color, and approximate weight.
  (d) Date, nature, and method of disposition; for  example,   sale,   death, 
euthanasia, or donation.
  (2) A pet shop, dog pound, or animal shelter shall  maintain  such  records 
for 2 years, and they shall be made  available  to  the   director   or   his 
authorized representative when deemed necessary by the director.

  History:  1979 AC.


                     PART 3. FACILITIES AND OPERATIONS


R  285.151.21   Facilities.
  Rule 21. (1) A housing facility for dogs or cats  shall   be   structurally 
sound and maintained in good repair to protect the animals  from  injury,  to 
contain the animals, and to restrict the entrance of other animals.
  (2) Adequate potable water shall be available.

  History:  1979 AC.


R  285.151.22   Sanitation.
  Rule 22. (1) Supplies of food and bedding shall be  stored  in   facilities 
which adequately protect them  against  infestation   or   contamination   by 
vermin. Refrigeration shall be provided for supplies of  perishable  food.
  (2) Provisions shall be made for the removal and disposal  of  animal   and 
food wastes, bedding, dead animals, and debris. Disposal facilities  shall be 
so provided and operated as  to  minimize  vermin  infestation,  odors,   and 
disease hazards.
  (3)  Washrooms,  basins,  or  sinks  shall  be   provided    to    maintain 
cleanliness of the animal caretakers.
  (4) The interior building surfaces of an indoor housing  facility  shall be 
constructed of a nonabsorbent material that may be  readily  sanitized.
  (5) A suitable method shall be provided to eliminate excess  water  from an 
indoor housing facility. Drains shall be properly constructed  and   kept  in 
good repair to avoid foul  odors  therefrom.  Closed  drainage  systems shall 
be equipped with traps and so installed as to  prevent  any  backup   on  the 
floor of the room.

  History:  1979 AC.


R  285.151.23   Heating, ventilating, and lighting of  indoor  facilities.
  Rule 23. (1) An indoor housing facility  for  dogs  and   cats   shall   be 
sufficiently heated to protect the dogs and cats from cold  and  to   provide 
for their health and comfort. The ambient temperature shall not be allowed to 
fall below 50 degrees Fahrenheit for dogs and cats.
  (2) An indoor housing facility for dogs and  cats   shall   be   adequately 
ventilated to provide for the health and comfort of  the   animals   at   all 
times. The facility shall be provided with fresh air, either  by   means   of 
windows, doors, vents, or air conditioning, and shall be ventilated so  as to 
minimize drafts, odors, and moisture condensation.
  (3) An indoor housing facility for dogs and cats shall have ample  light of 
good quality by natural or artificial  means  or  both.  The  lighting  shall 
provide uniformly distributed  illumination  of   sufficient   intensity   to 
permit routine inspection and cleaning during the entire  working  period.
Primary enclosures shall be so placed as to protect the dogs  or  cats   from 
excessive illumination.

  History:  1979 AC.


R  285.151.24   Shelter provided by outdoor facilities.
  Rule 24. (1) When sunlight is likely to cause  overheating  or  discomfort, 
sufficient shade shall be provided to  allow  dogs  and   cats   to   protect 
themselves from the direct rays of the sun.
  (2) An access to shelter shall be provided for dogs and   cats   to   allow 
them to remain dry during rain or snow.
  (3) Outside shelters shall be located in  an  area   which   has   suitable 
drainage.

  History:  1979 AC.


R  285.151.25   Primary enclosures.
  Rule 25. (1)  A  primary  enclosure  shall  be   structurally   sound   and 
maintained in good repair to protect the dogs and  cats   from   injury,   to 
contain them, to keep predators out and enable dogs and cats  to  remain  dry 
and clean.
  (2) A primary enclosure shall provide sufficient space to  allow  each  dog 
and cat to turn about freely and  to  easily  stand,  sit  and   lie   in   a 
comfortable normal position. Where the primary enclosure is  used  for   more 
than 1 animal, a resting perch for each cat shall be provided.
  (3) A primary enclosure shall be constructed and maintained  so  that  dogs 
and cats kept therein have convenient access to clean food and water.
  (4) The floors of a primary enclosure shall  be  constructed   so   as   to 
protect the feet and legs of the dogs and cats from injury.
  (5) Adequate litter shall be provided for cats.
  (6) The number of dogs or cats in a primary enclosure shall  not  exceed  a 
number which would prevent proper ventilation and sanitation.
  (7) Female animals in estrus shall not be housed  in   the   same   primary 
enclosure as male animals.

  History:  1979 AC.


R  285.151.26   Dog houses with chains.
  Rule 26. (1) If dog houses with chains are used   as   primary   enclosures 
for dogs kept out of doors, the chains shall be so placed  or  attached  that 
they cannot become entangled with the chains of other dogs,  or   any   other 
objects. A chain shall be of  a  type  commonly  used  for   the   size   dog 
involved and shall be attached to the dog by a well-fitted  collar.  A  chain 
shall be of such length as to allow exercise and convenient  access  to   the 
dog house.
  (2) Outdoor facilities shall be fenced  around  the   perimeter   so   that 
animals cannot escape or other animals gain entrance.

  History:  1979 AC.


                    PART 4. ANIMAL HEALTH AND HUSBANDRY


R  285.151.31   Feeding and water.
  Rule 31. (1) Dogs and cats shall be fed at least once each  day  except  as 
otherwise required. The food shall be free from contamination  and  shall  be 
wholesome, palatable, and of sufficient quantity and   nutritive   value   to 
meet the normal daily requirements for condition and size of  the  animal.
  (2) Food receptacles shall be accessible to all dogs and cats and  shall be 
located to minimize contamination  by  excreta.   Feeding   pans   shall   be 
durable and kept clean. Disposable food receptacles may be used but  shall be 
discarded after each feeding. Self-feeders may be used for the  feeding  of   
dry  food  and   shall   be   sanitized   regularly   to   prevent   molding, 
deterioration, or caking of food.
  (3) If potable water is not accessible to  the  dogs  and   cats   at   all 
times, potable liquids shall be offered to them at least  twice   daily   for 
periods of not less than 1 hour except  as   otherwise   required.   Watering 
receptacles shall be kept clean.

  History:  1979 AC.


R  285.151.32   Cleaning of primary enclosures.
  Rule 32. Excreta shall be removed from a primary enclosure  as   often   as 
necessary to prevent contamination of the dogs or cats kept  therein  and  to 
reduce disease hazards and odors. When a hosing or flushing  method  is  used 
for cleaning a primary enclosure,  any  dog  contained   therein   shall   be 
removed during the cleaning process and adequate measures shall  be  taken to 
protect the animals in other enclosures from  being  contaminated  with water 
and other wastes.

  History:  1979 AC.


R  285.151.33   Housekeeping.
  Rule 33. (1) A primary enclosure for dogs and cats   shall   be   sanitized 
often enough to prevent an accumulation of debris or excreta  or  a   disease 
hazard.
  (2) All buildings and grounds included in the  premises   shall   be   kept 
clean and in good repair in order to protect the animals from  injury  and to 
facilitate the prescribed husbandry practices set forth in these rules.
The premises shall remain free of an accumulation of debris.
  (3) An effective program for the control of  insects,  ectoparasites,   and 
avian and mammalian pests shall be established and maintained.

  History:  1979 AC.


R  285.151.34   Compatible animal groups.
  Rule 34. (1) Animals housed in  the  same  primary   enclosure   shall   be 
maintained in compatible groups.
  (2) A dog or cat  exhibiting  a  vicious  disposition   shall   be   housed 
individually in a primary enclosure.
  (3) Puppies and  kittens  shall  not  be  housed  in   the   same   primary 
enclosure with adult dogs and cats other than their dams.
  (4) No 2 species  of  animals  shall  be  housed  in   the   same   primary 
enclosure.
  (5) Dogs and cats exhibiting symptoms of communicable  disease   shall   be 
separated from all other susceptible species of animals in such  a  manner as 
to prevent spread of such disease.

  History:  1979 AC.


R  285.151.35   Employees.
  Rule 35. A sufficient number of employees shall be used  to  maintain   the 
prescribed level of husbandry practices set forth in these rules.

  History:  1979 AC.


R  285.151.36   Veterinary services.
  Rule 36. (1) The services of a licensed veterinarian  shall  be  available, 
and his name shall appear on the application for license or  registration.
The director shall be  promptly  notified  of  any   change   of   veterinary 
service.
  (2)  The  licensee  or  registrant  shall  seek  the   services   of   this 
veterinarian whenever a health hazard arises.

  History:  1979 AC.


R  285.151.37   Confiscation and destruction of animals.
  Rule 37. If an animal held by a dog pound, animal shelter, or  pet  shop is 
found by the director to be suffering as  a  result  of  failure  to  provide 
proper food and water or inhumane treatment by the management  of   the   dog 
pound, animal shelter, or pet shop, the  director  may   order   the   animal 
confiscated or  destroyed  in  a  humane  manner,  if   he   determines   the 
circumstances warrant such action.

  History:  1979 AC.

                          PART 5. TRANSPORTATION

R  285.151.41   Vehicles.
  Rule 41. (1) A vehicle used in  transporting  dogs  and   cats   shall   be 
mechanically sound and equipped to provide fresh air to  all  animals   being 
transported without injurious drafts or undue exposure to the elements.
  (2) The interior of the animal cargo space shall be kept clean.
  (3) The vehicle shall not be overcrowded to  the  extent   that   it   will 
cause injury to the animals being transported.
  (4) Animals transported in the same primary enclosure shall   be   of   the 
same species and maintained in compatible groups.
  (5) Puppies or kittens shall not be transported with adult  dogs  or   cats 
other than their dams.
  (6) A dog or cat exhibiting a vicious disposition  shall   be   transported 
individually.
  (7) A female dog or cat in season or estrus shall not  be  transported   in 
the same primary enclosure with a male.

  History:  1979 AC.