SF 339 (LSB 2401XS (4) 86)

SENATE FILE 339

BY  GUTH

A BILL FOR

An Act providing that a commercial breeder of dogs or cats may be inspected by a licensed veterinarian in lieu of the department of agriculture and land stewardship.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 162.10B, Code 2015, is amended to read as follows:
   162.10B  Commercial establishments —— inspecting state licensees and registrants.
   1.  The department may inspect the commercial establishment of a registrant or state licensee by entering onto its business premises at any time during normal working hours. The department may inspect records required to be maintained by the state licensee or registrant as provided in this chapter. If the owner or person in charge of the commercial establishment refuses admittance, the department may obtain an administrative search warrant issued under section 808.14.
   2.  a.  Notwithstanding subsection 1, a commercial breeder who is a state licensee may elect to have an annual inspection conducted by a veterinarian licensed to practice veterinary medicine under chapter 169 in lieu of the department. In order to exercise this election, all of the following must apply:
   (1)  The department or a veterinarian acting under an existing election must not have recorded an inspection violation committed by the commercial breeder during the prior four years.
   (2)  The commercial breeder must notify the department of the election as required by the department.
   b.  The commercial breeder’s election expires at the end of twelve months.
   c.  The veterinarian shall conduct the inspection according to the same requirements and shall have the same access to the commercial breeder’s premises as the department would have had in conducting the inspection. The veterinarian shall file an inspection report with the department as required by the department. The veterinarian shall sign the report, verifying that the inspection complied with the department’s inspection requirements and that the veterinarian had access to the commercial breeder’s premises. The department must receive the report within twenty days following the date of the inspection.
   d.  The cost of an inspection conducted by a veterinarian shall be paid by the commercial breeder.
   e.  A commercial breeder may elect to have a veterinarian conduct an inspection under this section every other year.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides that a commercial breeder of dogs or cats holding a state license issued by the department of agriculture and land stewardship may elect to have an annual inspection conducted by a licensed veterinarian in lieu of the department. In order to exercise this election, the commercial breeder must not have committed an inspection violation during the past four years and must comply with notice requirements established by the department. The veterinarian must file an inspection report with the department. The cost of the inspection is to be borne by the commercial breeder. The department must conduct an inspection every other year.