SECTION 35:55-3-4. Primary enclosures

(a)   Any commercial pet breeder or animal shelter operator that applies for a license no later than September 1, 2013, shall not be required to meet any cage size requirement more stringent than United States Department of Agriculture standards. Regardless of license application date, any commercial pet breeder or animal shelter operator replacing or adding cages after September 1, 2013, shall meet the cage size requirements as of the date of replacement or addition.

(b)   After September 1, 2013, any new facility or any replacement or additions of cages for a previously licensed facility shall meet the following primary enclosure size requirements for dogs.

(1)   Commercial pet breeders and animal shelter operators may house up to six (6) dogs removed from their whelping box in the same primary enclosure, but the primary enclosure shall 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall 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 or animal shelter operators shall provide each female dog with nursing puppies the amount of floor space calculated pursuant to (b)(1) of this section plus sufficient floor space to allow for a whelping box and the litter, based on the intact female'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.

(A)   If the additional amount of floor space for each nursing puppy is less than five percent (5%) of the minimum requirement for the female dog, the commercial pet breeder or animal shelter operator shall obtain approval by the attending veterinarian.

(B)   As soon as the puppies are able to leave the whelping box, the calculations for additional dogs as specified in (b)(1) of this section shall apply.

(C)   Any whelping box or enclosure shall provide for enough room to allow the female dog to separate from the pups in the box or enclosure.

(D)   Minimum floor space required by this section shall be calculated excluding floor space taken up of by food pans, water pans, and litter boxes.

(E)   Nothing in this section shall require separation of litter mates.

(c)   If the floor of a primary enclosure is composed of wire, the commercial pet breeder or animal shelter operator shall provide temporary or permanent covers or inserts creating a solid surface within the primary enclosure equal to twenty five percent (25%) of the minimum size of the enclosure, as calculated under (b)(1) of this section.

[Source: Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) - see Editor’s Note at beginning of Chapter; Added at 30 Ok Reg 829, eff 7-1-13; Amended at 31 Ok Reg 749, eff 9-12-14]