4-97-103. Definitions.

4-97-103. Definitions. For the purposes of this chapter: (1) “Animal” means a dog or cat of any age; (2) “Authorized person” means the Secretary of the Department of Health or his or her delegate, or any law enforcement officer; (3) “Cattery” means an enterprise wherein or whereon the business of grooming or boarding cats, or breeding cats for sale, and selling those cats, is carried on, and which does not in its usual course of business acquire cats for resale to the public; (4) “Consumer” means any individual purchasing an animal from a retail pet store. A retail pet store shall not be considered a consumer; (5) “D.V.M.” means a person who has graduated from an accredited school of veterinary medicine or has received equivalent formal education, and who has a valid license to practice veterinary medicine within the State of Arkansas; (6) “Director” means the Director of the Department of Health; (7) “Euthanasia” means the humane killing of an animal accomplished by a method that utilizes anesthesia produced by an agent that causes painless loss of consciousness and subsequent death, and administered by a licensed veterinarian or a euthanasia technician licensed by the United States Drug Enforcement Administration and certified by the Department of Health; (8) “Kennel” means an enterprise wherein or whereon the business of grooming or boarding dogs, or breeding dogs for sale, and selling such dogs, is carried on, and which does not in its usual course of business acquire dogs for resale to the public; (9) “Person” means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity; (10) “Records” of a retail pet store means: (A) The permanent record of each animal's health history showing the animal's vaccinations, inoculations, wormings, and other veterinary medical procedures performed on that animal; and (B) The permanent journal giving a perpetual, sequential listing of animals which are kept at the retail pet store for thirty (30) days or longer. The journal shall contain the animal's identifying number, arrival date, exit date, and disposition; and (11)(A) “Retail pet store” means any room or group of rooms, run, cage, compartment, exhibition pen, or tether, any part of which is within the State of Arkansas, wherein any animal is sold or kept, displayed, or offered for sale, to the public. It excludes kennels and catteries which sell animals directly to consumers. Also excluded are duly authorized animal shelters and duly incorporated humane societies dedicated to the care of unwanted animals which make those animals available for adoption, whether or not a fee for such adoption is charged. (B) As used in this chapter, the term “retail pet store” includes its owners, officers, agents, operators, managers, and employees, and refers to any such enterprise whether in fact registered or not.