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House
File
2674
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HOUSE
FILE
2674
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HF
2298)
(As
Amended
and
Passed
by
the
House
March
12,
2026
)
A
BILL
FOR
An
Act
providing
for
the
regulation
of
commercial
1
establishments
possessing
or
controlling
nonagricultural
2
animals,
providing
penalties,
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
162.2,
subsection
7,
Code
2026,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
162.2,
subsections
8
and
9,
Code
2026,
are
3
amended
to
read
as
follows:
4
8.
a.
“Commercial
breeder”
means
a
person,
engaged
in
the
5
business
of
breeding
dogs
or
cats,
who
sells,
exchanges,
or
6
leases
dogs
or
cats
in
return
for
consideration,
or
who
offers
7
to
do
so,
whether
or
not
the
animals
are
raised,
trained,
8
groomed,
or
boarded
by
the
person.
A
9
b.
Notwithstanding
paragraph
“a”
,
“commercial
breeder”
10
does
not
mean
a
person
who
owns
or
harbors
three
six
or
fewer
11
breeding
males
or
females
is
not
a
commercial
breeder
females,
12
age
twelve
months
or
older
.
13
9.
“Commercial
establishment”
or
“establishment”
means
an
14
animal
shelter,
boarding
kennel,
commercial
breeder,
commercial
15
kennel,
dealer,
pet
shop,
pound,
public
auction,
or
research
16
facility.
17
Sec.
3.
Section
162.2,
subsection
26,
paragraph
a,
Code
18
2026,
is
amended
to
read
as
follows:
19
a.
A
boarding
kennel,
commercial
kennel
,
or
pet
shop
to
whom
20
a
state
license
is
issued
by
the
department
pursuant
to
section
21
162.2A
.
22
Sec.
4.
Section
162.2A,
subsection
1,
paragraph
b,
Code
23
2026,
is
amended
to
read
as
follows:
24
b.
A
state
license
for
a
boarding
kennel,
commercial
kennel
,
25
or
pet
shop.
26
Sec.
5.
Section
162.4A,
Code
2026,
is
amended
to
read
as
27
follows:
28
162.4A
Operation
of
a
research
facility
——
certificate
of
29
registration.
30
A
research
facility
shall
only
operate
pursuant
to
a
31
certificate
of
registration
issued
by
the
department
as
32
provided
in
section
162.2A
.
The
research
facility
shall
33
maintain
records
as
required
by
the
department
in
order
for
the
34
department
to
ensure
the
research
facility’s
compliance
with
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the
provisions
of
this
chapter
.
A
research
facility
shall
not
1
purchase
a
dog
or
cat
from
a
commercial
establishment
that
does
2
not
have
a
valid
authorization
issued
or
renewed
under
this
3
chapter
or
a
similar
authorization
issued
or
renewed
by
another
4
state
.
5
Sec.
6.
Section
162.5,
Code
2026,
is
amended
to
read
as
6
follows:
7
162.5
Operation
of
a
pet
shop
——
state
license.
8
A
pet
shop
shall
only
operate
pursuant
to
a
state
license
9
issued
or
renewed
by
the
department
pursuant
to
section
10
162.2A
.
The
pet
shop
shall
maintain
records
as
required
by
the
11
department
in
order
for
the
department
to
ensure
the
pet
shop’s
12
compliance
with
the
provisions
of
this
chapter
.
A
pet
shop
13
shall
not
purchase
a
dog
or
cat
from
a
commercial
establishment
14
that
does
not
have
a
valid
authorization
issued
or
renewed
15
under
this
chapter
or
a
similar
authorization
issued
or
renewed
16
by
another
state
.
17
Sec.
7.
Section
162.6,
Code
2026,
is
amended
to
read
as
18
follows:
19
162.6
Operation
of
a
commercial
kennel
——
state
license.
20
A
commercial
kennel
shall
only
operate
pursuant
to
a
state
21
license
issued
or
renewed
by
the
department
as
provided
in
22
section
162.2A
.
A
commercial
kennel
shall
maintain
records
23
as
required
by
the
department
in
order
for
the
department
to
24
ensure
the
commercial
kennel’s
compliance
with
the
provisions
25
of
this
chapter
.
A
commercial
kennel
shall
not
purchase
a
dog
26
or
cat
from
a
commercial
establishment
that
does
not
have
a
27
valid
authorization
issued
or
renewed
under
this
chapter
or
a
28
similar
authorization
issued
or
renewed
by
another
state
.
29
Sec.
8.
Section
162.7,
Code
2026,
is
amended
to
read
as
30
follows:
31
162.7
Operation
of
a
dealer
——
state
license
or
permit.
32
A
dealer
shall
only
operate
pursuant
to
a
state
license,
33
or
a
permit
,
issued
or
renewed
by
the
department
as
provided
34
in
section
162.2A
.
A
dealer
who
is
a
state
licensee
shall
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maintain
records
as
required
by
the
department
in
order
for
the
1
department
to
ensure
compliance
with
the
provisions
of
this
2
chapter
.
A
dealer
who
is
a
permittee
may
but
is
not
required
3
to
maintain
records.
A
dealer
shall
not
purchase
a
dog
or
cat
4
from
a
commercial
establishment
that
does
not
have
a
valid
5
authorization
issued
or
renewed
under
this
chapter
or
a
similar
6
authorization
issued
or
renewed
by
another
state
.
7
Sec.
9.
Section
162.8,
Code
2026,
is
amended
to
read
as
8
follows:
9
162.8
Operation
of
a
commercial
breeder
——
state
license
or
10
permit.
11
A
commercial
breeder
shall
only
operate
pursuant
to
a
state
12
license,
or
a
permit,
issued
or
renewed
by
the
department
13
as
provided
in
section
162.2A
.
A
commercial
breeder
who
is
14
a
state
licensee
shall
maintain
records
as
required
by
the
15
department
in
order
for
the
department
to
ensure
the
commercial
16
breeder’s
compliance
with
the
provisions
of
this
chapter
.
A
17
commercial
breeder
who
is
a
permittee
may
but
is
not
required
18
to
maintain
records.
A
commercial
breeder
shall
not
purchase
a
19
dog
or
cat
from
a
commercial
establishment
that
does
not
have
a
20
valid
authorization
issued
or
renewed
under
this
chapter
or
a
21
similar
authorization
issued
or
renewed
by
another
state
.
22
Sec.
10.
Section
162.9A,
Code
2026,
is
amended
to
read
as
23
follows:
24
162.9A
Operation
of
a
public
auction
——
state
license
or
25
permit.
26
A
public
auction
shall
only
operate
pursuant
to
a
state
27
license,
or
a
permit,
issued
or
renewed
by
the
department
as
28
provided
in
section
162.2A
.
A
public
auction
which
that
is
29
a
state
licensee
shall
maintain
records
as
required
by
the
30
department
in
order
for
the
department
to
ensure
the
public
31
auction’s
compliance
with
the
provisions
of
this
chapter
.
32
A
public
auction
which
that
is
a
permittee
may
but
is
not
33
required
to
maintain
records.
A
public
auction
shall
not
34
purchase
a
dog
or
cat
from
a
commercial
establishment
that
does
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not
have
a
valid
authorization
issued
or
renewed
under
this
1
chapter
or
a
similar
authorization
issued
or
renewed
by
another
2
state
.
3
Sec.
11.
Section
162.10B,
Code
2026,
is
amended
to
read
as
4
follows:
5
162.10B
Commercial
establishments
——
inspecting
state
6
licensees
and
registrants.
7
1.
The
department
may
inspect
the
commercial
establishment
8
of
a
registrant
or
state
licensee
by
entering
onto
its
9
business
premises
at
any
time
during
normal
working
hours.
The
10
department
may
inspect
records
required
to
be
maintained
by
the
11
state
licensee
or
registrant
as
provided
in
this
chapter
.
If
12
the
owner
or
person
in
charge
of
the
commercial
establishment
13
refuses
admittance,
the
department
may
obtain
an
administrative
14
search
warrant
issued
under
section
808.14
.
15
2.
a.
The
department
shall
determine
the
frequency
16
of
inspections
of
a
commercial
establishment
conducted
17
pursuant
to
subsection
1
based
upon
a
risk
assessment
of
18
the
establishment’s
compliance
with
the
standard
of
care
19
requirement
in
section
162.10A,
subsection
1.
20
b.
Paragraph
“a”
does
not
limit
the
department
from
21
conducting
an
inspection
as
necessary
to
ensure
a
commercial
22
establishment
is
complying
with
the
requirements
of
this
23
chapter.
24
c.
Upon
receipt
of
credible
evidence
that
a
commercial
25
establishment
may
be
in
violation
of
the
standard
of
care
26
requirement
provided
in
section
162.10A,
subsection
1,
the
27
department
shall
inspect
the
establishment
or
initiate
an
28
investigation
of
the
establishment.
29
Sec.
12.
Section
162.10C,
subsection
2,
Code
2026,
is
30
amended
by
adding
the
following
new
paragraph:
31
NEW
PARAGRAPH
.
c.
A
United
States
department
of
agriculture
32
inspection
report
indicating
that
the
permittee
is
breaching
33
a
standard
of
care
required
of
permittees
by
section
162.10A.
34
The
department
of
agriculture
and
land
stewardship
shall
not
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enter
onto
the
permittee’s
premises
based
on
that
report
two
1
years
after
the
date
that
the
report
was
published.
2
Sec.
13.
Section
162.10D,
Code
2026,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
01.
a.
The
department
may
suspend
or
5
revoke
an
authorization
issued
or
renewed
to
a
commercial
6
establishment
under
this
chapter
for
a
violation
of
a
provision
7
of
this
chapter.
8
b.
A
violation
of
this
chapter
includes
any
of
the
9
following:
10
(1)
The
refusal
of
a
commercial
establishment
to
allow
11
the
department
to
conduct
an
inspection
pursuant
to
a
search
12
warrant.
13
(2)
The
effort
of
a
person
associated
with
the
commercial
14
establishment
to
interfere
with
an
inspection.
15
Sec.
14.
Section
162.11,
subsection
2,
Code
2026,
is
amended
16
to
read
as
follows:
17
2.
This
chapter
does
not
apply
to
a
place
or
establishment
18
which
that
operates
under
the
immediate
supervision
of
a
19
duly
licensed
veterinarian
as
a
hospital
where
animals
are
20
harbored,
hospitalized,
and
cared
for
incidental
to
the
21
treatment,
prevention,
or
alleviation
of
disease
processes
22
during
the
routine
practice
of
the
profession
of
veterinary
23
medicine.
However,
if
animals
are
accepted
by
such
a
place,
24
establishment,
or
hospital
for
boarding
or
grooming
for
a
25
consideration,
the
place,
establishment,
or
hospital
is
subject
26
to
the
licensing
or
registration
requirements
applicable
to
a
27
boarding
kennel
or
commercial
kennel
under
this
chapter
and
the
28
rules
adopted
by
the
secretary.
29
Sec.
15.
Section
162.12,
Code
2026,
is
amended
to
read
as
30
follows:
31
162.12
Denial
or
revocation
of
license
or
registration.
32
A
certificate
of
registration
may
be
denied
to
any
animal
33
shelter,
pound,
or
research
facility
and
a
state
license
may
34
be
denied
to
any
public
auction,
boarding
kennel,
commercial
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kennel,
pet
shop,
commercial
breeder,
or
dealer,
or
an
existing
1
certificate
of
registration
or
state
license
may
be
revoked
by
2
the
secretary
if,
after
public
hearing,
it
is
determined
that
3
the
housing
facilities
or
primary
enclosures
are
inadequate
4
under
this
chapter
or
if
the
feeding,
watering,
cleaning,
5
and
housing
practices
at
the
pound,
animal
shelter,
public
6
auction,
pet
shop,
boarding
kennel,
commercial
kennel,
or
7
research
facility,
or
those
practices
by
the
commercial
breeder
8
or
dealer,
are
not
in
compliance
with
this
chapter
or
with
9
the
rules
adopted
pursuant
to
this
chapter
.
The
premises
of
10
each
registrant
or
state
licensee
shall
be
open
for
inspection
11
during
normal
business
hours.
12
Sec.
16.
Section
162.12A,
Code
2026,
is
amended
to
read
as
13
follows:
14
162.12A
Civil
penalties.
15
1.
a.
The
department
shall
establish,
impose,
and
assess
16
civil
penalties
for
violations
of
this
chapter
.
17
b.
A
violation
of
this
chapter
includes
any
of
the
18
following:
19
(1)
The
refusal
by
a
commercial
establishment
to
allow
the
20
department
to
inspect
the
commercial
establishment
as
provided
21
in
section
162.10D.
22
(2)
The
effort
of
a
person
associated
with
the
commercial
23
establishment
to
interfere
with
a
department’s
inspection
as
24
provided
in
section
162.10D.
25
c.
The
department
may
by
rule
establish
a
schedule
of
civil
26
penalties
for
violations
of
this
chapter
.
27
d.
All
civil
penalties
collected
under
this
section
shall
be
28
deposited
into
the
general
fund
of
the
state.
29
1.
2.
a.
A
commercial
establishment
that
operates
pursuant
30
to
an
authorization
issued
or
renewed
under
this
chapter
is
31
subject
to
a
civil
penalty
of
not
more
than
five
hundred
32
dollars,
regardless
of
the
number
of
animals
possessed
or
33
controlled
by
the
commercial
establishment,
for
violating
this
34
chapter
.
Except
as
provided
in
paragraph
“b”
,
each
day
that
a
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violation
continues
shall
be
deemed
a
separate
offense.
1
b.
This
paragraph
applies
to
a
commercial
establishment
2
that
violates
a
standard
of
care
involving
housing
as
provided
3
in
section
162.10A
.
The
departmental
official
who
makes
4
a
determination
that
a
violation
exists
shall
provide
a
5
corrective
plan
to
the
commercial
establishment
describing
how
6
the
violation
will
be
corrected
within
a
compliance
period
of
7
not
more
than
fifteen
days
from
the
date
of
approval
by
the
8
official
of
the
corrective
plan.
The
civil
penalty
shall
not
9
exceed
five
hundred
dollars
for
the
first
day
of
the
violation.
10
After
that
day,
the
department
shall
not
impose
a
civil
penalty
11
for
the
violation
during
the
compliance
period.
The
department
12
shall
not
impose
an
additional
civil
penalty,
unless
the
13
commercial
establishment
fails
to
correct
the
violation
by
the
14
end
of
the
compliance
period.
If
the
commercial
establishment
15
fails
to
correct
the
violation
by
the
end
of
the
compliance
16
period,
each
day
that
the
violation
continues
shall
be
deemed
a
17
separate
offense.
18
2.
3.
A
commercial
establishment
that
does
not
operate
19
pursuant
to
an
authorization
issued
or
renewed
under
this
20
chapter
is
subject
to
a
civil
penalty
of
not
more
than
one
21
thousand
dollars,
regardless
of
the
number
of
animals
possessed
22
or
controlled
by
the
commercial
establishment,
for
violating
23
this
chapter
.
Each
day
that
a
violation
continues
shall
be
24
deemed
a
separate
offense.
25
Sec.
17.
Section
162.19,
Code
2026,
is
amended
to
read
as
26
follows:
27
162.19
Abandoned
animals
destroyed.
28
1.
Whenever
any
animal
is
left
with
a
veterinarian
,
boarding
29
kennel
or
commercial
kennel
pursuant
to
a
written
agreement
and
30
the
owner
does
not
claim
the
animal
by
the
agreed
date,
the
31
animal
shall
be
deemed
abandoned,
and
a
notice
of
abandonment
32
and
its
consequences
shall
be
sent
within
seven
days
by
33
certified
mail
to
the
last
known
address
of
the
owner.
For
34
fourteen
days
after
mailing
of
the
notice
the
owner
shall
have
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the
right
to
reclaim
the
animal
upon
payment
of
all
reasonable
1
charges,
and
after
the
fourteen
days
the
owner
shall
be
deemed
2
to
have
waived
all
rights
to
the
abandoned
animal.
If
despite
3
diligent
effort
an
owner
cannot
be
found
for
the
abandoned
4
animal
within
another
seven
days,
the
veterinarian
,
boarding
5
kennel,
or
commercial
kennel
may
humanely
destroy
the
abandoned
6
animal.
7
2.
Each
veterinarian
,
boarding
kennel
or
commercial
kennel
8
shall
warn
its
patrons
of
the
provisions
of
this
section
by
a
9
conspicuously
posted
notice
or
by
conspicuous
type
in
a
written
10
receipt.
11
Sec.
18.
Section
717A.1,
subsection
5,
paragraph
g,
Code
12
2026,
is
amended
by
striking
the
paragraph.
13
Sec.
19.
REPEAL.
Section
162.5A,
Code
2026,
is
repealed.
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