Session of 1998
HOUSE BILL No. 2979
By Committee on Federal and State Affairs
2-18
9
AN ACT concerning domestic ferrets; amending
K.S.A. 47-1832 and
10 75-5661 and K.S.A.
1997 Supp. 47-1701, 47-1724 and 47-1734 and
11 repealing the existing
sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
1997 Supp. 47-1701 is hereby amended to read as
15 follows: 47-1701. As used in the Kansas pet
animal act, unless the context
16 otherwise requires:
17 (a) ``Adequate feeding''
means supplying at suitable intervals (not to
18 exceed 24 hours) of a quantity of wholesome
foodstuff, suitable for the
19 animal species and age, and sufficient to
maintain a reasonable level of
20 nutrition in each animal.
21 (b) ``Adequate
watering'' means a supply of clean, fresh, potable wa-
22 ter, supplied in a sanitary manner and
either continuously accessible to
23 each animal or supplied at intervals
suitable for the animal species, not
24 to exceed intervals of 12 hours.
25 (c) ``Ambient
temperature'' means the temperature surrounding the
26 animal.
27 (d) (1) ``Animal''
means any live dog, cat, rabbit, rodent, nonhuman
28 primate, bird, domestic ferret or
other warm-blooded vertebrate or any
29 fish, snake or other cold-blooded
vertebrate.
30 (2) Animal does not
include horses, cattle, sheep, goats, swine, ratites,
31 domesticated deer or domestic fowl.
32 (e) ``Animal breeder''
means any person who operates animal breeder
33 premises.
34 (f) ``Animal
breeder premises'' means any premises where all or part
35 of six or more litters of dogs or
cats, or both, cats or domestic ferrets, or
36 any combination thereof, or 30 or
more dogs or cats, or both, cats or
37 domestic ferrets, or any combination
thereof, are sold, or offered or main-
38 tained for sale, primarily at wholesale for
resale to another.
39 (g) ``Animal shelter''
or ``pound'' means a facility which is used or
40 designed for use to house, contain, impound
or harbor any seized stray,
41 homeless, relinquished or abandoned animal
or a person who acts as an
42 animal rescuer, or who collects and cares
for unwanted animals or offers
43 them for adoption. Animal shelter or pound
also includes a facility of an
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1 individual or organization, profit or
nonprofit, maintaining 20 or more
2 dogs or cats, or
both, cats or domestic ferrets, or any combination
thereof,
3 for the purpose of collecting,
accumulating, amassing or maintaining the
4 animals or offering the animals for
adoption.
5 (h) ``Cat'' means
an animal which is wholly or in part of the species
6 Felis domesticus.
7
(i) ``Commissioner'' means the livestock commissioner
appointed by
8 the Kansas animal health board.
9 (j) ``Dog'' means
any animal which is wholly or in part of the species
10 Canis familiaris but does not
include any greyhound, as defined by K.S.A.
11 74-8802 and amendments thereto.
12 (k) ``Animal control
officer'' means any person employed by, con-
13 tracted with or appointed by the state, or
any political subdivision thereof,
14 for the purpose of aiding in the
enforcement of this law, or any other law
15 or ordinance relating to the licensing or
permitting of animals, control of
16 animals or seizure and impoundment of
animals, and includes any state,
17 county or municipal law enforcement
officer, dog warden, constable or
18 other employee, whose duties in whole or in
part include assignments
19 which involve the seizure or taking into
custody of any animal.
20 (l) ``Euthanasia'' means
the humane destruction of an animal, which
21 may be accomplished by any of those methods
provided for in K.S.A. 47-
22 1718 and amendments thereto.
23 (m) ``Hobby
breeder premises'' means any premises where all or
24 part of 3, 4 or 5 litters of dogs
or cats, or both, cats or domestic
ferrets,
25 or any combination thereof, are
produced for sale or sold, offered or
26 maintained for sale. This provision applies
only if the total number of
27 dogs or cats, or both,
cats or domestic ferrets, or any combination thereof,
28 sold, offered or maintained for sale is
less than 30 individual animals.
29 (n) ``Hobby breeder''
means any person who operates a hobby
30 breeder premises.
31 (o) ``Housing facility''
means any room, building or area used to con-
32 tain a primary enclosure or enclosures.
33 (p) ``Kennel
operator'' means any person who operates an establish-
34 ment where four or more dogs or
cats, or both, cats or domestic ferrets,
35 or any combination thereof, are
maintained in any one week for boarding,
36 training or similar purposes for a fee or
compensation.
37 (q) ``Kennel operator
premises'' means the facility of a kennel oper-
38 ator.
39 (r) ``License year'' or
``permit year'' means the 12-month period end-
40 ing on June 30.
41 (s) ``Person'' means any
individual, association, partnership, corpo-
42 ration or other entity.
43 (t) (1) ``Pet
shop'' means any premises where there are sold, or of-
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1 fered or maintained for sale, at
retail and not for resale to another:
2 (A) Any dogs
or cats, or both, cats or domestic ferrets, or
any com-
3 bination thereof; or (B) any
other animals except those which are pro-
4 duced and raised on such premises and
are sold, or offered or maintained
5 for sale, by a person who resides on
such premises.
6 (2) Pet shop does
not include: (A) Any pound or animal shelter; (B)
7 any premises where only fish are
sold, or offered or maintained for sale;
8 or (C) any animal distributor
premises, hobby breeder premises, retail
9 breeder premises or animal breeder
premises.
10 (3) Nothing in this
section prohibits inspection of those premises
11 which sell only fish to verify that only
fish are being sold.
12 (u) ``Pet shop
operator'' means any person who operates a pet shop.
13 (v) ``Primary
enclosure'' means any structure used or designed for
14 use to restrict any animal to a limited
amount of space, such as a room,
15 pen, cage, compartment or hutch.
16 (w) ``Research
facility'' means any place, laboratory or institution, ex-
17 cept an elementary school, secondary
school, college or university, at
18 which any scientific test, experiment or
investigation involving the use of
19 any living animal is carried out, conducted
or attempted.
20 (x) ``Sale,'' ``sell''
and ``sold'' include transfers by sale or exchange.
21 Maintaining animals for sale is presumed
whenever 20 or more dogs or
22 cats, or both, cats or
domestic ferrets, or any combination thereof, are
23 maintained by any person.
24 (y) ``Sanitize'' means
to make physically clean and to remove and de-
25 stroy, to a practical minimum, agents
injurious to health, at such intervals
26 as necessary.
27 (z) ``Animal
distributor'' means any person who operates an animal
28 distributor premises.
29 (aa) ``Animal
distributor premises'' means the premises of any person
30 engaged in the business of buying for
resale dogs or cats, or both, cats or
31 domestic ferrets, or any combination
thereof, as a principal or agent, or
32 who holds such distributor's self out to be
so engaged.
33 (bb) ``Out-of-state
distributor'' means any person residing in a state
34 other than Kansas, who is engaged in the
business of buying for resale
35 dogs or cats, or both,
cats or domestic ferrets, or any combination thereof,
36 within the state of Kansas, as a principal
or agent.
37 (cc) ``Food animals''
means rodents, rabbits, reptiles, fish or amphib-
38 ians that are sold or offered or maintained
for sale for the sole purpose
39 of being consumed as food by other
animals.
40 (dd) (1) ``Adequate
veterinary medical care'' means:
41 (A) A documented program
of disease control and prevention, eu-
42 thanasia and routine veterinary care shall
be established and maintained
43 under the supervision of a licensed
veterinarian, on a form provided by
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1 the commissioner, and shall include a
documented on-site visit to the
2 premises by the veterinarian at least
once a year; and
3 (B) that diseased,
ill, injured, lame or blind animals shall be provided
4 with veterinary care as is needed for
the health and well-being of the
5 animal.
6 (2) As used in the
Kansas pet animal act, ``adequate veterinary med-
7 ical care'' shall not apply to United
States department of agriculture li-
8 censed animal breeders or animal
distributors.
9 (ee) ``Ratites''
means all creatures of the ratite family that are not
10 indigenous to this state, including, but
not limited to, ostriches, emus and
11 rheas.
12 (ff) ``Retail breeder''
means any person who operates a retail breeder
13 premises.
14 (gg) ``Retail breeder
premises'' means any premises where all or part
15 of six or more litters or 30 or more dogs
or cats, or both, cats or domestic
16 ferrets, or any combination thereof,
are sold, or offered or maintained for
17 sale, primarily at retail and not for
resale to another.
18 (hh) ``Retail'' means
any transaction where the animal is sold to the
19 final consumer.
20 (ii) ``Wholesale'' means
any transaction where the animal is sold for
21 the purpose of resale to another.
22 (jj) ``Domestic
ferret'' means an animal which is wholly or in part of
23 the species Mustela putorius
furo.
24 Sec. 2. K.S.A. 1997
Supp. 47-1724 is hereby amended to read as
25 follows: 47-1724. (a) It shall be unlawful
for any person to knowingly
26 purchase a dog or
a, cat or domestic ferret for the purpose of
resale to
27 another from a person required to be
licensed or permitted under public
28 law 91-579, 7 U.S.C. § 2131 et
seq., or K.S.A. 47-1701 et seq., and amend-
29 ments thereto, or both, if that person is
not so licensed or permitted.
30 (b) It shall be unlawful
for licensees to knowingly sell to out-of-state
31 distributors, animal distributors or pet
shops operating within the state
32 who are not permitted or licensed in
accordance with the Kansas pet
33 animal act.
34 Sec. 3. K.S.A. 1997
Supp. 47-1734 is hereby amended to read as
35 follows: 47-1734. (a) It shall be unlawful
for any person to act as or be an
36 out-of-state distributor of dogs or
cats, or both, cats or domestic ferrets,
37 or any combination thereof, within
the state of Kansas unless such person
38 has obtained from the commissioner an
out-of-state distributor permit.
39 Application for each such permit shall be
made in writing on a form
40 provided by the commissioner. The permit
period shall be for the permit
41 year ending on June 30 following the
issuance date.
42 (b) This section shall
be part of and supplemental to the Kansas pet
43 animal act.
HB 2979
5
1
Sec. 4. K.S.A. 47-1832 is hereby amended to read as
follows: 47-
2 1832. (a) The livestock
commissioner is hereby authorized to establish
3 rules and regulations on disease
control programs for and on the sale and
4 importation into Kansas of farm
animals and exotic animals. As used in
5 this section ``farm animals'' and
``exotic animal'' means the definitions
6 given by rules and regulations in 9
C.F.R. 1.1, pursuant to 7 U.S.C.
7 § 2131 et seq., except
domestic ferrets shall not be included in such defi-
8 nitions.
9 (b) Domestic
ferrets shall not be offered for sale, sold or traded at
10 exotic animal auctions, swap meets or
flea markets.
11 Sec. 5. K.S.A.
75-5661 is hereby amended to read as follows: 75-
12 5661. (a) As used in this section,
``exposed to rabies'' means a bite, scratch
13 or abrasion by a known or suspected rabid
mammal, or open wound or
14 mucous membrane contact with the saliva or
brain tissue from a known
15 or suspected rabid mammal.
16 (b) Any law enforcement
officer or local health officer, upon private
17 or public property, may take up any mammal
which has exposed to rabies
18 a person or other mammal.
19 (c) Except as
provided further, the mammal shall be managed in a
20 manner as described in rules and
regulations adopted by the secretary of
21 health and environment. The domestic
ferret shall be subject to a 10 day
22 quarantine in the event of suspected
rabies exposure.
23 Sec. 6. K.S.A.
47-1832 and 75-5661 and K.S.A. 1997 Supp. 47-1701,
24 47-1724 and 47-1734 are hereby
repealed.
25 Sec. 7. This act
shall take effect and be in force from and after its
26 publication in the statute book.
27
28