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House
File
474
-
Introduced
HOUSE
FILE
474
BY
JACOBY
A
BILL
FOR
An
Act
relating
to
the
treatment
of
animals
other
than
1
agricultural
animals
by
providing
for
the
inspection
or
2
monitoring
of
commercial
establishments
by
the
department
3
of
agriculture
and
land
stewardship,
and
making
penalties
4
applicable.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
162.10B,
Code
2025,
is
amended
to
read
1
as
follows:
2
162.10B
Commercial
establishments
——
inspecting
state
3
licensees
and
registrants
or
state
licensees
.
4
1.
The
department
may
shall
inspect
the
commercial
5
establishment
of
a
registrant
or
state
licensee
by
entering
on
6
a
priority
and
scheduled
basis.
7
2.
a.
The
department
shall
inspect
a
commercial
8
establishment
on
a
priority
basis
according
to
criteria
9
determined
relevant
by
the
department.
10
b.
The
department
shall
enter
onto
its
the
business
premises
11
at
any
time
during
normal
working
hours
of
the
registrant
or
12
state
licensee
.
The
department
shall
determine
whether
the
13
registrant
or
state
licensee
is
complying
with
section
162.10A.
14
c.
The
department
may
inspect
records
required
to
be
15
maintained
by
the
state
licensee
or
registrant
as
provided
in
16
this
chapter
.
17
d.
The
department
must
inspect
the
commercial
establishment
18
during
normal
business
hours.
19
e.
The
department
shall
inspect
the
commercial
establishment
20
regardless
of
when
the
department
inspected
the
commercial
21
establishment
on
a
scheduled
basis.
22
3.
The
department
shall
inspect
a
commercial
establishment
23
on
a
scheduled
basis
subject
to
all
of
the
following:
24
a.
The
department
is
limited
to
entering
onto
the
business
25
premises
of
a
state
licensee
operating
as
a
commercial
breeder.
26
b.
The
department
must
enter
on
the
business
premises
of
the
27
state
licensee
once
each
twelve-month
period.
28
c.
The
department
must
inspect
the
commercial
establishment
29
during
normal
business
hours.
30
d.
The
department
shall
determine
whether
the
state
licensee
31
is
complying
with
section
162.10A.
32
e.
The
department
may
inspect
records
required
to
be
33
maintained
by
the
state
licensee.
34
4.
If
the
owner
or
person
in
charge
of
the
commercial
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establishment
refuses
admittance
to
allow
an
inspection
under
1
this
section
,
the
department
may
obtain
an
administrative
2
search
warrant
issued
under
section
808.14
.
The
person
shall
3
comply
with
the
search
warrant.
4
Sec.
2.
Section
162.10C,
Code
2025,
is
amended
to
read
as
5
follows:
6
162.10C
Commercial
establishments
——
monitoring
permittees.
7
1.
The
department
may
shall
monitor
the
commercial
8
establishment
of
a
permittee
by
entering
onto
its
business
9
premises
at
any
time
during
normal
working
hours
for
the
10
limited
purpose
of
determining
whether
the
permittee
is
11
providing
for
a
standard
of
care
required
for
permittees
under
12
section
162.10A
.
The
department
shall
monitor
the
commercial
13
establishment
for
the
limited
purpose
of
determining
whether
14
the
permittee
is
providing
for
a
standard
of
care
required
for
15
permittees
under
section
162.10A
.
If
the
owner
or
person
in
16
charge
of
the
commercial
establishment
refuses
admittance,
the
17
department
may
obtain
an
administrative
search
warrant
issued
18
under
section
808.14
.
19
2.
In
order
to
enter
onto
the
business
premises
of
a
20
permittee’s
commercial
establishment,
The
department
shall
21
inspect
the
commercial
establishment
of
a
permittee
on
a
22
priority
and
scheduled
basis.
23
3.
a.
The
department
shall
monitor
a
commercial
24
establishment
on
a
priority
basis,
if
the
department
must
have
25
has
reasonable
cause
to
suspect
that
the
permittee
is
not
26
providing
for
the
standard
of
care
required
for
permittees
27
under
section
162.10A
.
28
(1)
Reasonable
cause
must
be
supported
by
any
of
the
29
following:
30
a.
(a)
An
oral
or
written
complaint
received
by
the
31
department
by
a
person.
The
complainant
must
provide
32
the
complainant’s
name
and
address
and
telephone
number.
33
Notwithstanding
chapter
22
,
the
department’s
record
of
a
34
complaint
is
confidential,
unless
any
of
the
following
apply:
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(1)
(i)
The
results
of
the
monitoring
are
used
in
a
1
contested
case
proceeding
as
provided
in
chapter
17A
or
in
a
2
judicial
proceeding.
3
(2)
(ii)
The
record
is
sought
in
discovery
in
any
4
administrative,
civil,
or
criminal
case.
5
(3)
(iii)
The
department’s
record
of
a
complaint
is
filed
6
by
a
person
other
than
an
individual.
7
b.
(b)
A
report
prepared
by
a
person
employed
by
the
United
8
States
department
of
agriculture
that
requires
a
permittee
to
9
take
action
necessary
to
correct
a
breach
of
standard
of
care
10
required
of
federal
licensees
by
the
Animal
Welfare
Act
or
of
11
permittees
by
section
162.10A
.
The
department
is
not
required
12
to
dedicate
any
number
of
hours
to
viewing
or
analyzing
such
13
reports.
14
3.
(2)
When
carrying
out
this
section
paragraph
,
the
15
department
may
cooperate
with
the
United
States
department
16
of
agriculture.
The
department
shall
report
any
findings
17
resulting
in
an
enforcement
action
under
section
162.10D
to
the
18
United
States
department
of
agriculture.
19
b.
If
the
department
has
reasonable
cause,
it
shall
enter
20
onto
the
business
premises
of
the
permittee.
The
department
21
shall
inspect
a
commercial
establishment
subject
to
all
of
the
22
following:
23
(1)
The
department
shall
determine
whether
the
permittee
is
24
complying
with
section
162.10A.
25
(2)
The
department
must
inspect
the
commercial
26
establishment
during
normal
business
hours.
27
(3)
The
department
shall
inspect
the
commercial
28
establishment
regardless
of
when
the
department
inspected
the
29
commercial
establishment
on
a
scheduled
basis.
30
4.
The
department
shall
inspect
a
commercial
establishment
31
on
a
scheduled
basis
subject
to
all
of
the
following:
32
a.
The
department
is
limited
to
entering
onto
the
business
33
premises
of
a
permittee
operating
as
a
commercial
breeder.
34
b.
The
department
must
enter
onto
the
business
premises
of
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the
permittee
once
each
twelve-month
period.
1
c.
The
department
must
inspect
the
commercial
establishment
2
during
normal
business
hours.
3
d.
The
department
shall
determine
whether
the
permittee
is
4
complying
with
section
162.10A.
5
5.
If
the
owner
or
person
in
charge
of
the
commercial
6
establishment
refuses
to
allow
the
inspection
under
this
7
section,
the
department
may
obtain
an
administrative
search
8
warrant
issued
under
section
808.14.
The
person
shall
comply
9
with
the
search
warrant.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
BACKGROUND
——
GENERAL.
This
bill
amends
Code
chapter
162,
14
which
provides
for
the
regulation
of
commercial
establishments
15
that
possess
or
control
animals,
other
than
animals
used
16
for
an
agricultural
purpose
(Code
section
162.1).
The
Code
17
chapter
is
administered
and
enforced
by
the
department
of
18
agriculture
and
land
stewardship
(DALS).
DALS
issues
various
19
forms
of
authorizations
according
to
the
type
of
commercial
20
establishment
regulated,
with
each
type
subject
to
a
separate
21
fee
(Code
section
162.2B).
An
animal
shelter,
pound,
or
22
research
facility
is
issued
a
certificate
of
registration
23
(Code
sections
162.3,
162.4,
and
162.4A);
a
pet
shop,
boarding
24
kennel,
or
commercial
kennel
is
issued
a
state
license
(Code
25
sections
162.5,
162.5A,
and
162.6);
and
a
dealer,
commercial
26
breeder,
or
public
auction
may
elect
to
be
issued
a
state
27
license
or
a
permit.
However,
in
order
to
be
issued
a
permit,
28
the
dealer,
commercial
breeder,
or
public
auction
must
be
29
licensed
under
the
federal
Animal
Welfare
Act
(7
U.S.C.
ch.
54)
30
by
the
United
States
department
of
agriculture
(USDA)
(Code
31
sections
162.7,
162.8,
and
162.9A).
32
BACKGROUND
——
REQUIREMENTS.
A
registrant
or
state
licensee
33
(registrant/state
licensee)
is
required
to
maintain
business
34
records
(records)
while
a
permittee
may
but
is
not
required
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to
maintain
those
records.
The
Code
chapter
requires
that
a
1
commercial
establishment
must
ensure
that
an
animal
in
its
2
possession
or
under
its
control
is
provided
a
minimum
standard
3
of
care
(adequate
feed,
adequate
water,
housing
facilities,
4
sanitary
control,
grooming,
and
veterinary
care)
(Code
section
5
162.10A).
A
commercial
establishment
must
comply
with
DALS’
6
rules.
However,
the
standard
of
care
for
a
permittee
cannot
be
7
more
restrictive
than
the
federal
Animal
Welfare
Act.
8
BACKGROUND
——
ENTERING
ONTO
THE
BUSINESS
PREMISES
OF
A
9
COMMERCIAL
ESTABLISHMENT.
DALS
may
inspect
a
registrant/state
10
licensee
by
entering
onto
its
business
premises
and
may
inspect
11
its
records
(Code
section
162.10B).
Alternatively,
DALS
may
12
monitor
a
permittee
by
entering
onto
its
business
premises
13
for
the
limited
purpose
of
determining
whether
the
permittee
14
is
providing
for
the
required
standard
of
care
(Code
section
15
162.10C).
In
order
to
enter
onto
the
premises
of
a
permittee,
16
DALS
must
have
reasonable
cause
supported
by
an
oral
or
written
17
complaint
or
a
report
filed
by
the
USDA.
18
BACKGROUND
——
REGULATION
OF
COMMERCIAL
BREEDERS.
A
19
commercial
establishment
that
possesses
or
controls
dogs
20
or
cats
as
a
commercial
breeder
operates
either
as
a
21
registrant/state
licensee
or
permittee.
A
commercial
breeder
22
is
a
person
engaged
in
the
business
of
breeding
dogs
or
cats,
23
or
who
sells,
exchanges,
or
leases
dogs
or
cats,
in
return
24
for
consideration.
However,
an
exception
applies
to
exclude
25
a
person
who
owns
or
harbors
three
or
fewer
breeding
males
or
26
females
(Code
section
162.2).
27
BILL’S
PROVISIONS
——
INSPECTION
OR
MONITORING
OF
COMMERCIAL
28
ESTABLISHMENTS
OPERATING
AS
A
REGISTRANT/STATE
LICENSEE
OR
29
PERMITTEE.
The
bill
provides
for
inspecting
a
commercial
30
establishment
operated
by
a
registrant/state
licensee,
or
31
monitoring
a
commercial
establishment
operated
by
a
permittee,
32
on
both
a
priority
and
scheduled
basis.
DALS
inspects
or
33
monitors
a
commercial
establishment
on
a
priority
basis
34
according
to
its
criteria,
which
is
the
same
process
that
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exists
under
current
law,
with
one
exception.
If
DALS
enters
1
onto
the
business
premises
of
a
commercial
establishment,
2
it
must
determine
whether
the
registrant/state
licensee
or
3
permittee
is
complying
with
the
respective
standard
of
care
4
requirements.
For
inspecting
or
monitoring
a
commercial
5
establishment
on
a
scheduled
basis,
DALS
must
enter
onto
the
6
business
premises
of
each
commercial
establishment
operating
7
as
a
commercial
breeder
(state
licensee
or
permittee)
once
8
each
12-month
period
to
determine
compliance
with
applicable
9
standard
of
care
requirements.
There
is
no
reasonable
cause
10
requirement
that
must
support
DALS’
entry
onto
the
permittee’s
11
commercial
establishment.
12
APPLICABLE
PENALTIES.
DALS
is
authorized
to
establish,
13
impose,
and
assess
a
civil
penalty
of
not
more
than
$500
for
14
a
violation
of
the
Code
chapter
by
a
commercial
establishment
15
subject
to
registration/state
license
or
permit
(Code
16
section
162.12A).
DALS
may
also
suspend
or
revoke
the
17
registration/state
license
or
permit
(Code
section
162.10D).
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