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Commercial Dog Breeders Act, Draft Rules, May 2013

Commercial Dog Breeders Act, Draft Rules, May 2013

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Published by razimmer
The starting point for the rules that make up Ohio's Commercial Dog Breeders Act.
The starting point for the rules that make up Ohio's Commercial Dog Breeders Act.

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Published by: razimmer on May 17, 2013
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05/17/2013

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***DRAFT - NOT FOR FILING***
901:1-6-01Definitions and general considerations.
 
(A) “Attending veterinarian” means a veterinarian who assumes responsibility for primary care of a
 patient.
(B) “Clean” means an environmental condition free of unwanted matter: solids, liquids, gases
or livingorganisms that have the potential to cause adverse effects to health and welfare of animals andhumans.
(C) “Enrichment” means the addition of an item or activity which promotes species
-typical behaviorsthrough sensory stimulation and play which is provided by positive interaction with other dogsor humans and inanimate objects.
(D) “Existing facility” as used in this chapter means any housing facility that currently has a USDA
license and houses dogs as of the effective date of this rule.
(E) “Housing facility” means any land, premises, shed, barn, building, trailer, or other structure or area
housing or intended to house animals.
(F) “Indoor housing” means any structure or building with environmental controls intended to house
animals.
(G) “Inspection veterinarian” means a veterinarian who has entered into a contract or agreement with
the director of the Ohio department of agriculture, as defined in (F) (1) of Sec. 956.10 of the
Revised Code, to inspect a high volume dog breeder’s facility to en
sure compliance with thischapter.
(H) “Outdoor housing” means any structure, building, land, or premise, housing or intended to house
animals, which does not meet the definition of any other type of housing facility, and in whichtemperatures cannot be controlled within set limits.
(I) “Primary enclosure” means an enclosure that directly houses the animal in which the animal has
direct contact with the enclosure material and sufficient space to turn about freely, stand, sit, liein a comfortable normal position, and walk in a normal manner.
(J) “Sheltered housing” means a facility that consist of runs or pens totally enclosed in a barn or 
 building, or of connecting inside/outside runs or pens with the inside pens in a totally enclosed building.
(K) “Solid flooring” as used in this chapter means a material that will not flex underweight,
accommodates footing and resting off of open metal floors, and may have perforations largeenough to allow only moisture to pass through.
(L) “Weaned” means that an animal h
as started eating solid food.
 
***DRAFT - NOT FOR FILING***
(M) Distress occurs when animals are injured, sick, in pain, or are in inappropriate environmentalconditions.(N) Dogs must be handled, sorted, and moved in a manner that minimizes distress.(O) Dead animals must be disposed of pursuant to 941.14 of the Revised Code.(P) Veterinary-Client-Patient-Relationship (VCPR) has the same meaning as defined in 4741.04 of theRevised Code.(Q) Nothing in the rules adopted in this chapter shall be construed to prevent a licensed veterinarian,
or other person acting under the veterinarian’s supervision, from meeting the standards set forth
in Chapter 4741 of the Revised Code or rules promulgated thereunder.
901:1-6-02Housing.
 Unless otherwise specified, all housing for adult dogs and puppies kept by high volume breedersmust meet the minimum requirements listed in this rule.(A) The Housing facility must be structurally sound and restrict the entry of other animals.(B) Housing facility and primary enclosures shall be inspected daily and any defects shall be correctedas soon as possible.(C) The primary enclosure shall:(1) Provide each dog with a minimum amount of floor space, calculated as follows: the square of the length of the dog in inches, measure from the tip of the nose to the base of the tail, plussix inches;(2) The primary enclosure for the largest dog housed in a primary enclosure must provide twotimes the amount of space required in paragraph (C)(1) of this rule; the primary enclosureshall then be expanded by the minimum floor space as set forth in paragraph (C)(1) of thisrule for each subsequent dog;(3) Provide a resting place that has a solid floor large enough to accommodate all dogs in the primary enclosure at the same time and a partial or complete visual barrier. The solidflooring may be removable for cleaning purposes;(4) Have an interior height at least six inches higher than the head of the tallest dog in theenclosure when it is in a normal standing position;(5) Have a floor that is of a minimum grid density to preserve the normal mobility and muscletone of the dog, and does not:
 
***DRAFT - NOT FOR FILING***
(a) Sag;(b) Bend; or,(c) Bounce.(D) Open metal floors in primary enclosures shall be coated with a protective coating, including butnot limited to plastic, fiberglass, or rubber.(E) Primary enclosures shall be positioned or protected in the housing facility so that dogs are notsoiled by fecal matter or urine from above.(F) Any existing facility on the effective date of this rule may continue to use primary enclosures inuse on that date.(G) After January 1, 2019, all primary enclosures shall comply with paragraph (C) of this rule.(H) Until January 1, 2019, any existing facility including the primary enclosures may be replaced inthe case of a catastrophic event, including but not limited to fire, flood, wind, or buildingcollapse that requires new construction to replace the existing facility.(I) Any vacated housing facility or change of ownership of an existing facility when the license tooperate as a high volume breeder as defined in (A) (1) of Sec. 956.04 of the Revised Code is nottransferred, that housing facility must meet the primary enclosure space requirements in (G) of this rule.(J) Floors in outside sheltered runs or outdoor housing made of absorbent bedding, sand, gravel, grass,or other similar material must be raked or cleaned regularly.(K) Temperature, ventilation and lighting must provide for the health and welfare of the dog by thefollowing:(1) If climatic or ambient temperatures pose a threat to the health and welfare, measures shall be
taken to minimize those conditions. The dog’s age, species, breed, overall health and
acclimation shall be taken into consideration;(2) Dry bedding or other methods of conserving body heat must be provided when temperaturesare below 50° F;(3) Ventilation must minimize drafts, odors, dust, ammonia levels, and moisture condensation;(4) Lighting must be uniformly diffused throughout the housing facility and provide diurnalvariations by natural or artificial source;(5) Light intensity must be sufficient for observation and cleaning.(L) Indoor housing must provide the following:

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