Current through November 7, 2024
Section 250-RICR-40-05-4.5 - DefinitionsA. The following words when used in the rules shall have the following meaning: 1. "Animal" or "Animals" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other warm-blooded vertebrate, amphibian, fish or reptile but shall not include horses, cattle, sheep, goats, swine, and domestic fowl.2. "Animal care facility" means any facility that is required to be licensed or registered pursuant to the provisions of R.I. Gen. Laws Chapter 4-19.3. "Animal control officer" means any person employed by a city or town as a canine control officer, dog warden, or police officer responsible for animal control delegated authority by the Rhode Island Rabies Control Board. 4. "Animal shelter" means a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.5. "Authorized agent" means an employee of the Rhode Island Department of Environmental Management who is engaged in the execution of their official duties.6. "Breeder" means a person engaged in the propagation of purebred or crossbred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale at wholesale or retail, unless otherwise exempted by breeding fewer than three (3) litters per year or produces fewer than twenty (20) individual puppies or kittens for the purpose of sale.7. "Broker" means any third party who arranges, delivers, or otherwise facilitates transfer of ownership of animal(s), through adoption or fostering, from one party to another, whether or not the party receives a fee for providing that service and whether or not the party takes physical possession of the animal(s) at any point.8. "Dealer" means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds animals for the purpose of selling or donating to another dealer or pet shop or research facility.9. "Department" means the Rhode Island Department of Environmental Management.10. "Enclosure" means the most proximal barrier to an animal that will have the intended purpose or effect of containment of that animal or that will effectively restrict the liberty of the animal.11. "Environmental police officer" means a sworn officer of the Rhode Island Department of Environmental Management, Division of Law Enforcement.12. "Guardian" means a person(s) having the same rights and responsibilities as an owner or keeper, and the terms may be used interchangeably. A guardian shall also mean a person who possesses, has title to or an interest in, harbors or has control, custody or possession of an animal and who is responsible for an animal's safety and well-being.13. "Kennel" means a place or establishment other than a pound, animal shelter, or veterinary hospital that is housing animals during their treatment, where animals not owned by the proprietor are sheltered, fed, and watered in return for a fee.14. "Owner" or "Keeper" means any person or agency keeping, harboring or having charge or control of or responsibility for control of an animal or any person or agency which permits any dog, cat, ferret, or domestic animal to habitually be fed within that person's yard or premises. This term shall not apply to veterinary facilities, any licensed boarding kennel, municipal pound, pet shop, or animal shelter.15. "Pet shop" means a temporary or permanent establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall not include an establishment or person whose total sales are the offspring of canine or feline females maintained on their premises and sold from those premises.16. "Pound" means a facility operated by a state, or any political subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats, and other animals or a facility operated for that purpose under a contract with any municipal corporation or incorporated society for the prevention of cruelty to animals.17. "Records" means information that is kept in a paper or electronic format that is consistent with the information that is required to be kept for animals. The information must be kept in a format and that is readily able to be inspected by anyone authorized to conduct an inspection. All information must be kept in or translated to English prior to being presented to inspectors.18. "Rescue" means an entity, with or without a physical brick and mortar facility which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals intended for adoption.19. "RISPCA" means the Rhode Island Society for the Prevention of Cruelty to Animals.20. "Seized" means the lawful removal of an owned animal from the premises where the animal resided or from the care of an owner or guardian.21. "Seller" means the owner of a pet shop and the owner's agents, employees, subordinates, volunteers, and workers.22. "Stray" means an animal that is: a. On the premises of a person other than an owner of the animal, without the consent of an occupant or owner of such premises, orb. On a public street or highway, on public or private school grounds, or in any other public place, except when under the physical control of an owner.23. "Surrendered" means an animal that has had ownership transferred to a pound, shelter, or rescue by the animal's owner or guardian, and the owner or guardian has relinquished all ownership rights to the entity that received the animal.24. "USDA" means the United States Department of Agriculture.250 R.I. Code R. 250-RICR-40-05-4.5
Amended effective 1/30/2020
Amended effective 4/24/2023