Cap. 139 sub. leg. I

Public Health (Animals) (Boarding Establishment) Regulations(Cap. 139, section 3) [1 August 1973](Format changes—E.R. 6 of 2020) 1. Citation These Regulations may be cited as the Public Health (Animals) (Boarding Establishment) Regulations.(E.R. 6 of 2020) 2. Interpretation (1) In these regulations unless the context otherwise requires—housing facility (畜舍設施) means a room, building, premises or other place used to contain a primary enclosure;licence (牌照) means a licence granted or renewed under regulation 5;outdoor area (戶外範圍) means an outdoor area or space, whether containing a primary enclosure or not, used for the keeping, exercise or containment of animals;primary enclosure (基本圍封物) means a room, pen, cage, compartment, hutch or structure used to restrict animals to a limited amount of space;sanitary (衞生) means physically clean, and free from agents which are injurious to health and from any other obnoxious or offensive material.(2) For the purposes of these regulations, a person keeps a boarding establishment for animals if he carries on a business of providing food and accommodation for animals in return for a fee or other money consideration paid by the owner or person having control of the animals, and the place at which such accommodation is provided shall be deemed to be the place at which the business is carried on. 3. Application These regulations shall not apply to the keeping of any boarding establishment for animals at a place occupied by or under the management of the State.(65 of 1999 s. 3) 4. Prohibition of keeping boarding establishment for animals without licence No person shall keep a boarding establishment for animals save under and in accordance with a licence granted under these regulations. 5. Power of Director to grant licence (1) Upon application in the form specified by the Director, the Director may grant a licence to any person to keep a boarding establishment for animals and may renew any such licence.(2) A licence shall not be granted or renewed unless—(a) the Director has inspected and approved the place at which the boarding establishment for animals is to be kept; and (b) the Director is satisfied that the primary enclosures, housing facilities and outdoor areas in which the animals are to be accommodated conform with the standards specified under regulation 6.(3) The Director may attach to a licence such conditions as he may think fit.(4) A licence shall be valid for a period of 12 months beginning on the date it is granted. (L.N. 408 of 1990)(5) The fee for a licence shall be $3,810. (L.N. 408 of 1990; L.N. 48 of 1995; L.N. 209 of 1996; L.N. 526 of 1997)(6) A licence shall specify—(a) the residential address of the person licensed to keep the boarding establishment for animals; and(b) the address of the place at which the boarding establishment for animals may be kept. 6. Standards of primary enclosures etc. (1) A primary enclosure shall be—(a) structurally sound and maintained in good repair;(b) designed so as to contain the animals accommodated therein and to protect them from injury and predators;(c) constructed and maintained so as to enable the animals accommodated therein to—(i) remain dry and clean;(ii) have convenient access to food and water; and(iii) move about freely and to stand, sit or lie comfortably; and(d) located so as to avoid excessive illumination.(2) Housing facilities shall—(a) be structurally sound and maintained in good repair;(b) be designed so as to contain the animals accommodated therein and to restrict the entrance of other animals;(c) contain an adequate supplies of potable water and suitable drainage for the escape of excess water;(d) provide sufficient space for the storage of fresh food and bedding;(e) contain means for the removal and disposal of animal and food waste, used bedding, dead animals and debris to minimize infestation, contamination, odours and disease hazards;(f) be provided with sufficient fresh air ventilation by means of windows, doors, vents or air conditioning to promote the health and comfort of the animals accommodated therein and to minimize draughts, odours and moisture condensation;(g) have ample lighting by natural or artificial means or both, of good quality and so distributed as to provide sufficient light intensity to permit routine inspection and cleaning; and(h) contain interior surfaces which are substantially impervious to moisture and may be sanitarily cleaned at all times.(3) An outdoor area shall provide—(a) sufficient shade to enable the animals to protect themselves from the direct rays of the sun;(b) adequate shelter to allow the animals protection in inclement weather; and(c) suitable drainage for the escape of excess water. 7. Licensee not to make changes to primary enclosures etc. and not to keep animals outside boarding establishment Except with the prior consent of the Director, no person to whom a licence has been granted shall—(a) make or cause or permit to be made any material change to the primary enclosures, housing facilities or outdoor areas in which the animals are to be accommodated; or(b) provide or cause or permit to be provided for the purpose of his business, food and accommodation for animals at a place other than the place specified in his licence. 8. Husbandry and sanitation Except as may reasonably be justified for the purpose of veterinary treatment, a person to whom a licence has been granted shall comply with the following requirements—(a) the animals shall be fed at least once daily with wholesome, palatable and nutritious food which shall be of sufficient quantity to meet the normal daily requirement of the animals having regard to their species, size and condition; (L.N. 162 of 1993)(b) all food and water receptacles for the animals shall be—(i) readily accessible to the animals;(ii) so located as to minimize contamination by excreta or otherwise;(iii) cleaned at regular intervals so as to be kept in a sanitary condition at all times; and(iv) kept in good condition at all times;(c) the animals shall be supplied with adequate and potable water and, if no constant supply of potable water is available, they shall be supplied with potable liquid at least twice daily for a period of not less than one hour each time;(d) all excreta and other waste matter shall be removed not less than once daily from the place at which the animals are accommodated;(e) the primary enclosures, housing facilities and outdoor areas shall be maintained in a sanitary condition and shall contain adequate and dry bedding;(f) a programme for the control and destruction of insects, ectoparasites, avian and mammalian pests at the place at which the animals are accommodated shall be established and maintained to the satisfaction of the Director;(g) animals shall not be housed in the same primary enclosure unless they are of the same or a compatible genus;(h) notwithstanding that the animals are of the same or compatible genus—(i) female animals in season (oestrus) shall not be housed in the same primary enclosure with male animals, except for breeding purposes; and(ii) animals of vicious disposition shall be housed individually in separate primary enclosures;(i) young animals shall not be housed in the same primary enclosure with adult animals, except—(i) when permanently maintained in breeding colonies; or(ii) where the adult animals are their dams or equivalent;(j) dogs and cats shall not be housed in the same primary enclosure;(k) dogs or cats shall not be housed with any other species of animals; and(l) animals under treatment for a communicable disease shall be kept separate from other animals. 9. Offences and penalties (1) Any person who contravenes regulation 4 shall be guilty of an offence and shall be liable on conviction to a fine at level 1.(2) Any person to whom a licence has been granted who contravenes—(a) any condition attached to his licence; or(b) regulation 7 or 8,shall be guilty of an offence and shall be liable on conviction to a fine at level 1.(E.R. 6 of 2020)