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.

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  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      
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