CHAPTER 67
ANIMAL WELFARE
[Prior to 7/27/88 see Agriculture Department 30—Ch 20]
21—67.1(162) Animals included in rules. Dog, as that term is used in the rules, includes hybrid dog mixtures. Animals, as that term is used in rules relating to boarding kennels, commercial kennels, hobby kennels, commercial breeders, dealers, public auctions, animal shelters, and pounds includes dogs and cats. Animals, as that term is used in rules relating to pet shops, includes dogs, cats, rabbits, rodents, nonhuman primates, birds, fish, or other vertebrate animals.
This rule implements Iowa Code sections 162.1 and 162.8.
21—67.2(162) Housing facilities and primary enclosures.
	67.2(1) Housing facilities.
	a. 	Buildings shall be of adequate structure and maintained in good repair so as to ensure protection of animals from injury.
	b. 	Shelter shall be provided to allow access to shade from direct sunlight and regress from exposure to rain or snow. Heat, insulation, or bedding adequate to provide comfort shall be provided when the atmospheric temperature is below 50° F. or that temperature to which the particular animals are acclimated. Indoor housing facilities shall be provided for dogs and cats under the age of eight weeks and for dogs and cats within two weeks of whelping.
	c. 	Indoor and outdoor housing facilities shall at all times be provided with ventilation by means of doors, windows, vents, air conditioning or direct flow of fresh air that is adequate to provide for the good health and comfort of the animals. Such ventilation shall be environmentally provided as to minimize drafts, moisture condensation, odors or stagnant vapors of excreta.
	d. 	Ample lighting shall be provided by natural or artificial means or both during sunrise to sunset hours to allow efficient cleaning of the facilities and routine inspection of the facilities and animals contained therein.
	e. 	Ceilings, walls and floors shall be so constructed as to lend themselves to efficient cleaning and sanitizing. Such surfaces shall be kept in good repair and maintained so that they are substantially impervious to moisture. Floors and walls to a height of four feet shall have finished surfaces.
	f. 	Food supplies and bedding materials shall be stored so as to adequately protect them from contamination or infestation by vermin or other factors which would render the food or bedding unclean. Separate storage facilities shall be maintained for cleaning and sanitizing equipment and supplies.
	g. 	Washrooms, basins or sinks shall be provided within or be readily accessible to each housing facility, for maintaining cleanliness among animal caretakers and sanitizing of food and water utensils.
	h. 	Equipment shall be available for removal and disposal of all waste materials from housing facilities to minimize vermin infestation, odors and disease hazards. Drainage systems shall be functional to effect the above purposes.
	i. 	Facilities shall be provided to isolate diseased animals, to prevent exposure to healthy animals.
	j. 	Outdoor dog runs and exercise areas shall be of sound construction and kept in good repair so as to safely contain the animal(s) therein without injury. Floors shall be concrete, gravel or materials which can be regularly cleaned and kept free of waste accumulation. Grass runs and exercise areas are permissible provided adequate ground cover is maintained, holes are kept filled and the ground cover is not allowed to become overgrown. Dog runs and exercise areas utilizing wire floors are permissible, provided that they are not injurious to the animals and adequately maintained.
	k. 	Group housing is permitted for animals which are compatible with one another. Adequate space shall be provided to prevent crowding and to allow freedom of movement and comfort to animals of the size which are housed in the facility. Females in estrus shall not be housed with males, except for breeding purposes.
	67.2(2) Primary enclosures.
	a. 	Primary enclosures shall be of sound construction and maintained in good repair to protect the animals from injury.
	b. 	Construction materials and maintenance shall allow the animals to be kept clean and dry. Walls and floors shall be impervious to urine and other moisture.
	c. 	The shape and size of the enclosure shall afford ample space for the individual(s) to comfortably turn about, stand erect, sit or lie. Not more than 12 dogs or cats shall be housed in the same primary enclosure.
	d. 	Litter pans, containing clean litter, shall be provided at all times for kittens and cats.
	e. 	Means shall be provided to maintain that temperature and ventilation which is comfortable for the species within the primary enclosure. Lighting shall be adequate to allow observation of the animals but they shall be protected from excessive illumination.
	f. 	Animals shall be removed from their primary enclosures at least twice in each 24-hour period and exercised, unless the primary enclosure shall be of sufficient size to provide this exercise.
	g. 	If doghouses with chains are used as primary enclosures for dogs kept outdoors, the chains used shall be so placed or attached that they cannot become entangled with the chains of other dogs or any other objects. Such chains shall be of a type commonly used for the size dog involved and shall be attached to the dog by means of a well fitted collar. Such chains shall be at least three times the length of the dog as measured from the tip of its nose to the base of its tail and shall allow the dog convenient access to the doghouse.
	67.2(3) In-home kennel.
	a. 	For the purposes of this subrule, “in-home kennel” means an individual required to be licensed as a boarding kennel or as a commercial breeder under Iowa Code chapter 162 who maintains or harbors not more than six adult animals (including both breeding animals and surgically sterilized animals) in the individual’s living quarters.
	b. 	Notwithstanding subrules 67.2(1), 67.2(2), and 67.3(2), an in-home kennel shall comply with the following standards:
	(1)	Food supplies shall be stored so as to adequately protect them from contamination or infestation by vermin or other factors which would render the food unclean.
	(2)	Ample lighting shall be provided by natural or artificial means or both during sunrise to sunset hours. Animals shall be protected from excessive illumination.
	(3)	Building shall be of adequate structure and maintained in good repair so as to ensure protection of animals from injury.
	(4)	Facilities shall be provided to isolate diseased animals to prevent exposure to healthy animals.
	(5)	Outdoor dog runs and exercise areas shall be of sound construction and kept in good repair so as to safely contain the animal(s) therein without injury. Floors shall be concrete, gravel or materials which can be regularly cleaned and kept free of waste accumulation. Grass runs and exercise areas are permissible provided adequate ground cover is maintained, holes are kept filled and the ground cover is not allowed to become overgrown. Wire floors are permissible, provided they are not injurious to the animals and adequately maintained.
	(6)	Group housing is permitted for animals which are compatible with one another. Adequate space shall be provided to prevent crowding and to allow freedom of movement and comfort to animals of the size which are housed within the facility. Females in estrus shall not be housed with males, except for breeding purposes.
	(7)	If the animals are confined to a restricted area of the living quarters, the restricted area shall meet the space requirements set out in paragraph 67.2(2)“c.”
	(8)	Litter pans, containing clean litter, shall be provided at all times for kittens and cats.
	(9)	Means shall be provided to maintain that temperature and ventilation which is comfortable for the species within the primary enclosure or housing facility.
	(10)	Animals shall be removed from their primary enclosures at least twice in each 24-hour period and exercised.
	(11)	Housing facilities shall be cleaned as necessary to reduce disease hazards, and an effective program shall be established and maintained for the control of vermin infestation.
This rule is intended to implement Iowa Code sections 162.8 and 162.9.
21—67.3(162) General care and husbandry standards.
	67.3(1) Feeding and watering.
	a. 	All species covered under Iowa Code chapter 162 shall be provided with adequate feed as defined in section 162.2(1).
	b. 	Young animals and animals under veterinary care shall be fed at more frequent intervals and with specific diets as their needs shall dictate.
	c. 	All species covered under Iowa Code chapter 162 shall be provided with adequate water as defined in section 162.2(2).
	67.3(2) Sanitation.
	a. 	Housing facilities and primary enclosures shall be cleaned a minimum of once in each 24-hour period and more frequently as may be necessary to reduce disease hazards and odors.
	b. 	Housing facilities and primary enclosures shall be sanitized at intervals not to exceed two weeks or more frequently as may be necessary to reduce disease hazards. Primary enclosures for dogs and cats in pet shops shall be sanitized at intervals not to exceed 48 hours. Sanitizing shall be done by washing the surfaces with hot water and soap or detergent, followed by the application of a safe and effective disinfectant. Pressure water systems or live steam may be used for cleaning, if animals are removed while cleaning. Runs and exercise areas having gravel or other nonpermanent surface materials shall be sanitized by periodic removal of soiled materials, application of suitable disinfectants, and replacement with clean surface materials.
	c. 	An effective program shall be established and maintained for the control of vermin infestation.
	67.3(3) Veterinary care.
	a. 	Programs of disease prevention and control shall be established and maintained.
	b. 	Sick, diseased or injured animals shall be provided with proper veterinary care or disposed of by euthanasia.
	c. 	All species regulated under Iowa Code chapter 162 which are infected with contagious diseases shall be immediately placed into facilities provided for in 67.2(1)“i.”
	d. 	All dogs and cats transported into housing facilities regulated under Iowa Code chapter 162, excluding pounds and animal shelters, shall have been vaccinated against distemper and rabies, unless exempted by direct recommendation of the owner’s veterinarian or exempted by Iowa Code section 351.33 or 351.42.
	e. 	Each commercial breeder shall enter into a written agreement with a veterinarian licensed in this state to provide veterinary care for the animals maintained in the commercial breeder’s facility. The agreement shall include a requirement that the veterinarian visit the facility at least once every 12 months for the purpose of viewing all the animals in the facility, making a general determination concerning the health/disease status of the animals, and reviewing the commercial breeder’s program for disease prevention and control. If during the course of the visit, the veterinarian identifies an animal that requires a more detailed individual examination to determine the specific condition of the animal or to determine an appropriate course of treatment, then such examination shall be undertaken.
	f. 	If during an inspection of a facility the department finds an animal which appears to have a physical condition or disease which, in the opinion of the inspector, requires a veterinarian’s attention, the department may order that the licensee subject the animal to a veterinarian’s examination at the licensee’s expense. The department may require the licensee to submit written proof of the veterinarian’s examination and results of the examination within a time frame set by the department.
	67.3(4) Personnel.
	a. 	The owner or personnel shall be present at least once in each 24-hour period to supervise and ascertain that the care of animals and maintenance of facilities conform to all of the provisions of Iowa Code chapter 162.
	b. 	A sufficient number of employees shall be utilized to provide the required care of animals and maintenance of facilities during normal business hours.
This rule is intended to implement Iowa Code sections 162.1 and 162.2.
21—67.4(162) Transportation.
	67.4(1) Primary enclosures.
	a. 	Primary enclosures utilized in transportation shall be of sound construction and maintained in good repair so as to ensure protection of animals from injury.
	b. 	Floors and lower sides shall be so constructed or shall be covered on the inner surfaces so as to contain excreta and bedding materials.
	c. 	Adequate space shall be provided so that the individual(s) contained therein may comfortably turn about, stand erect, sit or lie.
	d. 	Openings shall be provided in enclosures so that adequate ventilation can be maintained when they are positioned in the transporting vehicle.
	e. 	Primary enclosures shall be cleaned and sanitized before each trip.
	f. 	The temperature within primary enclosures shall not be allowed to exceed the atmospheric temperature; moreover the ambient temperature shall not be allowed to exceed 95° F. for a period of more than two hours, nor be allowed at any time to fall below 45° F. unless the animals are acclimated to lower temperatures.
	67.4(2) Vehicles.
	a. 	Protection shall be afforded to primary enclosures transported in the vehicle, sheltering the animals from drafts and extremes of hot or cold temperatures to which they are not acclimated.
	b. 	Primary enclosures used in transportation shall be securely positioned in the vehicle to protect the animals from injury.
	67.4(3) Care in transit.
	a. 	Animals in transit shall be provided adequate feed and adequate water as defined in Iowa Code sections 162.2(1) and 162.2(2).
	b. 	Incompatible animals shall not be placed together during shipment. Females in estrus shall not be placed in the same primary enclosure with a male.
	c. 	Animals shall be inspected at least once in each six-hour period and their emergency needs attended to immediately.
	d. 	Animals shall be removed for exercise and their enclosures cleaned if they shall have been en route for a 24-hour period.
21—67.5(162) Purchase, sale, trade and adoption.
	67.5(1) Records shall be made, and retained for a period of 12 months for each dog, cat or nonhuman primate sold, traded, or adopted from a licensee or registered pound or animal shelter. Records shall include date of sale or transfer, identification of animal, names and addresses of seller and purchaser or transferor and recipient, and source of the animal. Records shall be similarly kept on other small vertebrate animals sold or transferred, except that individual identifications shall not be required.
	67.5(2) Licensees, pounds, and animal shelters shall furnish a statement of sale, transfer, or adoption to each purchaser or recipient of a dog, cat, nonhuman primate, bird, or other vertebrate animal. This statement shall include: Name and address of the seller or transferor, name and address of the purchaser or recipient, date of sale or transfer, description or identification of the vertebrate sold or transferred, prophylactic immunization(s) and date(s) administered, and internal parasite medication(s) given and date(s) administered.
	67.5(3) All vertebrate animals regulated under Iowa Code chapter 162 which are known to be exposed to or show symptoms of having infectious and contagious diseases or which show symptoms of parasitism or malnutrition sufficient to adversely affect the health of the animals are restricted from sale or transfer.
The secretary may order quarantine on premises or housing facilities in which any of the above listed conditions in 67.5(3) shall exist. Quarantine shall be removed when at the discretion of the secretary or the secretary’s designee, the disease conditions for which quarantined are no longer evident and the apparent health of the animals indicates absence of contagion.
	67.5(4) For the purposes of determining an individual’s obligation to be licensed under Iowa Code section 162.8, “breeding animal” will include any sexually intact animal over the age of 12 months.
This rule is intended to implement Iowa Code sections 162.6 and 162.8.
21—67.6(162) Public health.
	67.6(1) Animal wardens aiding in the enforcement of the provisions of Iowa Code chapter 162 shall enlist veterinary aid in programming control measures to protect the public from zoonotic diseases which may be suspected to be on the premises of a licensee or registrant of said Iowa Code chapter.
	67.6(2) Animals, housing facilities, or premises may be placed under quarantine by order of the secretary when it is deemed necessary to protect the public from zoonotic diseases.
21—67.7(162) Kennels, shelters and other facilities—access, seizure and impoundment.
	67.7(1) Boarding kennels and commercial kennels.
	a. 	Records shall be made, and retained for a period of 12 months for each animal boarded, groomed or trained. Records shall include owner’s name and address, identification of animal, duration of stay, service provided and illnesses which have occurred.
	b. 	Animals exhibiting symptoms of disease shall be promptly examined and treated by a veterinarian.
	c. 	Group housing is permitted only if the animals are owned by the same person and are compatible.
	d. 	Grooming and training utensils and equipment shall be cleaned and sanitized between use on animals owned by different persons.
	e. 	Primary enclosures shall be cleaned and sanitized between use in containing animals owned by different persons.
	f. 	Primary enclosures shall utilize latches which cannot be inadvertently opened, or shall be equipped with some form of locking device so as to prevent the accidental release of the animal contained therein.
	67.7(2) Animal shelters and pounds.
	a. 	Dogs, cats and other vertebrates upon which euthanasia may be permitted by law, shall be destroyed only as defined by euthanasia under Iowa Code chapter 162.
	b. 	Animal shelters and pounds shall develop and implement a plan providing for the surgical sterilization of all dogs and cats released, unless exempted from this provision in accordance with Iowa Code section 162.20(5).
	c. 	Sterilization agreements shall contain the following:
	(1)	Name, address and signature of the person receiving custody of the dog or cat.
	(2)	A complete description of the animal, including any identification.
	(3)	The signature of the representative of the pound or animal shelter.
	(4)	The date that the agreement is executed and the date by which sterilization must be completed.
	(5)	A statement which states the following:
	1.	Sterilization of the animal is required pursuant to Iowa Code section 162.20.
	2.	Ownership of the dog or cat is conditioned upon the satisfaction of the terms of the agreement.
	3.	Failure to satisfy the terms of the agreement constitutes a breach of contract, requiring the return of the dog or cat.
	4.	A person failing to satisfy the sterilization provisions of the agreement is guilty of a simple misdemeanor.
	d. 	In addition to records required by 67.5(1), animal shelters and pounds shall maintain, for a period of 12 months, the following records:
	(1)	Euthanasia records, including date of entry, source of animal, and date of euthanasia.
	(2)	Sterilization agreements, including confirmation in the form of a receipt furnished by the office of the attending veterinarian.
	(3)	Disposition records of all animals lawfully claimed by owners, research facilities, or Class B federal dealers.
	e. 	A pound or animal shelter may apply in writing for an enforcement waiver pursuant to Iowa Code section 162.20(5), paragraph “b.” The application shall include the specific guidelines under which the waiver is being requested and a certified copy of the ordinance providing the basis for the waiver application. A waiver application fee of $10 shall accompany the application.
	f. 	A pound or animal shelter shall be subject to civil penalties as provided in Iowa Code section 162.20(3), paragraph “c,” for not procuring and maintaining required records documenting compliance with the sterilization agreement, successfully seeking return of the animal from a noncompliant custodian, failing to effect a sterilization agreement when required for an animal which is released, or seeking legal recourse as provided in Iowa Code section 162.20(4). The pound or animal shelter shall be entitled to appeal pursuant to Iowa Code chapter 17A.
	67.7(3) Access to facilities and records. The premises, housing facilities and records required by Iowa Code chapter 162 shall be open for inspection by authorized personnel of the Iowa department of agriculture and land stewardship during normal business hours.
	67.7(4) Seizure and impoundment.
	a. 	“Animals,” as that term is used in this subrule, shall include any dog, cat, rabbit, rodent, nonhuman primate, fish other than live bait, bird, or other vertebrate animal. Animals, as that term is used in this subrule, shall not include members of the equine, bovine, porcine, ovine, or caprine species.
	b. 	“Seizure and impoundment,” as used in this subrule, may mean either of the following:
	(1)	The confinement of the animals to the property of the owner or custodian of the animals with provisions being made for the care of the animals pending review and final disposition.
	(2)	The physical removal of the animals to another facility for care pending review and final disposition.
	c. 	Failure of any pound, animal shelter, pet shop, boarding kennel, commercial kennel, commercial breeder, public auction or dealer to adequately house, feed, water or care for the animals in the person’s or facility’s possession or custody may subject the animals to seizure and impoundment. Seizure and impoundment shall be at the discretion of the secretary. Standards to guide discretion shall include, but not be limited to, the following:
	(1)	An assessment of the condition of the animals, including, but not necessarily limited to, direct visual examination. Such assessment may include procedures and testing necessary to accurately determine disease, nutritional, and health status.
	(2)	An assessment as to the likelihood that the condition of the animals will deteriorate if action is not taken.
	(3)	An assessment as to the degree of failure to provide for the animals. Primary consideration will be based on the general health of the animals and the adequacy with which the animals are being fed, watered and sheltered.
	(4)	An assessment as to the history, if any, of the facility’s compliance, noncompliance, and willingness to take corrective action. Such an assessment will be based on past inspection reports completed by regulatory personnel from the appropriate licensing agency.
	(5)	Court determination, if any, as to the existence of cruelty, abuse or neglect under Iowa Code chapter 717.
	(6)	The willingness of the facility to allow frequent monitoring and the ability of the department or local law enforcement officers to provide this service.
	(7)	A determination as to whether adequate impoundment facilities or resources exist and are available for use by the department for the seizure and impoundment of animals.
	d. 	In proceeding under this subrule the department may either:
	(1)	Petition the court in the county where the facility is located for an ex parte court order authorizing seizure and impoundment, either separately or as part of an action commenced pursuant to Iowa Code chapter 717. The petition shall request an expedited hearing within seven days of the order for seizure and impoundment. The expedited hearing shall determine final disposition of the animals seized and impounded.
	(2)	Issue an administrative order authorizing seizure and impoundment. The order shall state the finding of facts on which the order was issued. The order shall be personally served upon the owner or manager of the facility. If the owner or manager cannot be found after a reasonable effort to locate, the notice shall be posted conspicuously at the facility. The notice shall state the time and place of an administrative hearing to determine the appropriateness of the seizure and impoundment; and if such seizure and impoundment is upheld, then the hearing shall determine final disposition of the animals seized and impounded.
The administrative hearing shall be held within three days of the seizure unless a continuance is agreed upon by the department and the owner. A decision at the administrative hearing will not be stayed by the department for more than 48 hours pending appeal without a court order. However, the department may delay the disposition if the department determines the delay is desirable for the orderly disposition of the animals. Unless otherwise provided in this subrule, the department will follow adopted departmental rules on the conduct of the administrative hearing.
	e. 	The release of animals for final disposition to the department will allow for the sale, adoption or euthanasia of the animals. Determination of the most appropriate option for final disposition of a specific animal shall reside with the department and be based on, but not limited to, the animal’s physical health, the presence of any condition which would necessitate treatment of significant duration or expense, and the appropriateness of the animal as a pet. All due consideration shall be given to the sale or adoption of an animal as the preferable option of disposition.
	f. 	Any moneys generated from the sale or adoption of animals shall be used to provide compensation for the cost of care of the animals while impounded or the cost of disposition. Any residual moneys shall be directed to the owner. If the moneys generated from the sale and adoption of the animals are insufficient to meet the costs incurred in caring for the animals, the difference may be recovered in an action against the owner of the animals.
	g. 	The department may arrange for impoundment services, including final disposition, with any licensed facility able to adequately provide for the care and disposition of the animals. Animals for which an order is issued authorizing seizure and impoundment shall be individually identified and records maintained relating to their care and final disposition. The department, or their representatives, shall be allowed access during normal business hours to the records and animals impounded.
	h. 	In lieu of seizure and impoundment, the secretary may authorize a one-time dispersal of animals, including by sale, as a remedial option. The owner may petition the department in writing for full or partial dispersal. The petition shall address the terms and conditions for dispersal which are being requested. The department may require additional terms and conditions. The terms and conditions governing dispersal will be contingent upon department approval. Such approval shall be in writing.
	i. 	Conditions of this subrule, subrule 67.7(3), and Iowa Code sections 162.13 and 162.14 shall likewise apply to all eligible licensees and registrants, whether or not they have been properly licensed by Iowa Code chapter 162.
	67.7(5) Adoption by reference. The secretary may adopt by reference or otherwise such provisions of the rules, regulations and standards under the federal Acts, with such changes therein appropriate to make them applicable to operations and businesses subject to Iowa Code chapter 162, which shall have the same force and effect as if promulgated under said chapter.
This rule is intended to implement Iowa Code sections 162.3, 162.4, 162.13 and 162.20.
21—67.8(162) Applicability to federally licensed facilities. Other than obtaining the certificate of registration from the secretary, any dealer or commercial breeder, and any person who operates a commercial kennel or public auction under a current and valid federal license shall not be subject to further regulation.
This rule is intended to implement Iowa Code subsection 162.11(2).
21—67.9(162) Acceptable forms of euthanasia. The euthanasia of all animals kept in facilities regulated under Iowa Code chapter 162 and these rules shall be performed in a manner deemed acceptable by and published in the 2007 American Veterinary Medical Association Guidelines on Euthanasia. A copy of this report is on file with the department.
This rule is intended to implement Iowa Code chapter 162.
21—67.10(162) Loss of license or denial of license.
	67.10(1) If a licensee has its license revoked or relinquishes its license while a revocation action is pending, the licensee shall not be eligible to reapply for a new license for at least three years from the date of the revocation or relinquishment. If a licensee has been found in court to have committed an act of animal cruelty or neglect, the licensee shall not be eligible for a new license for at least five years from the date of the revocation or relinquishment. If an applicant has been found in court to have committed an act of animal cruelty or neglect, the applicant shall not be eligible for a license for at least five years from the date of the conviction or guilty plea. The prohibition against relicensure or licensure in this subrule shall include any partnership, firm, corporation, or other legal entity in which the person has a substantial interest, financial or otherwise, and any person who has been or is an officer, agent or employee of the licensee if the person was responsible for or participated in the violation upon which the revocation or conviction was based. The department may waive the three-year bar to relicensure arising from a revocation or relinquishment of a license where a revocation action was pending. Such waiver shall be made on a case-by-case basis. Such a waiver shall only be given if the department finds that the conditions which resulted in the revocation or revocation action have been addressed and there is little likelihood that they will be replicated.
	67.10(2) If a licensee has its license revoked or voluntarily relinquishes its license, the licensee shall file with the department a written plan detailing the numbers and types of animals in its facilities and how these animals are going to be legally disposed of to ensure that the animals are being humanely handled and to ensure that the remaining animals are being maintained properly. The licensee shall submit this plan to the department no later than ten calendar days from the date of revocation or relinquishment.
This rule is intended to implement Iowa Code section 162.13.
[ARC 8847B, IAB 6/16/10, effective 5/20/10]
21—67.11(162) Dog day care.
	67.11(1) Definition.
“Dog day care” means a facility licensed as a commercial kennel or a boarding kennel and designed and operated with the intention that a dog admitted to the facility is allowed, in compliance with this rule, to mingle and interact with other dogs in one or more playgroups operating in the facility. The purpose of a dog day care is to allow dogs participating in the day care to become socialized through interaction in playgroups with other compatible dogs. A kennel that operates as a dog day care shall not provide overnight boarding or other kennel activities unless, during the time that the day care operation is closed, the kennel is operated in a manner consistent with applicable kennel rules including, but not limited to, paragraph 67.2(1)“k” that restricts the commingling of dogs.
	67.11(2) Facility requirements. A facility licensed to be a dog day care shall comply with the following facility requirements:
	a. 	Buildings shall be of adequate structure and maintained in good repair so as to ensure protection of dogs from injury.
	b. 	Shelter shall be provided to allow access to shade from direct sunlight and regress from exposure to rain or snow. Heat, insulation, or bedding adequate to provide comfort shall be provided when the atmospheric temperature is below 50° F or below that temperature to which the particular dogs are acclimated. Indoor facilities shall be provided for all dogs.
	c. 	Indoor and outdoor facilities shall at all times be provided with ventilation by means of doors, windows, vents, air conditioning or direct flow of fresh air that is adequate to provide for the good health and comfort of the dogs. Such ventilation shall be environmentally provided to minimize drafts, moisture condensation, odors or stagnant vapors of excreta.
	d. 	Ample lighting shall be provided by natural or artificial means or both during sunrise to sunset hours to allow efficient cleaning of the facilities and routine inspection of the facilities and dogs contained therein.
	e. 	Ceilings, walls, floors, furniture, and play equipment shall be constructed to lend themselves to efficient cleaning and sanitizing. Such surfaces shall be kept in good repair and maintained so that they are substantially impervious to moisture. Floors and walls to a height of four feet shall have finished surfaces. Upholstered furniture or carpeting shall not be permitted in that portion of the facility to which dogs have access.
	f. 	Food supplies and bedding materials shall be stored to adequately protect them from contamination or infestation by vermin or other factors that would render the food or bedding unclean. Separate storage facilities shall be maintained for cleaning and sanitizing equipment and supplies.
	g. 	Washrooms, basins or sinks shall be provided within or be readily accessible to each facility for maintaining cleanliness among animal caretakers and sanitizing of food and water utensils.
	h. 	Equipment shall be available for removal and disposal of all waste materials from the building to minimize vermin infestation, odors and disease hazards. Drainage systems shall be functional to achieve the above purposes.
	i. 	Facilities shall be provided to isolate any dog that becomes sick or injured or that becomes otherwise incompatible with the other dogs.
	j. 	Outdoor dog runs and exercise areas shall be of sound construction and kept in good repair so as to safely contain the dogs therein without injury. Floors shall be concrete, gravel or materials which can be regularly cleaned and kept free of waste accumulation. Grass runs and exercise areas are permissible provided adequate ground cover is maintained, holes are kept filled and the ground cover is not allowed to become overgrown.
	k. 	Group interaction is permitted for dogs that are compatible with one another.
	l. 	The play area for dogs shall provide for a minimum of 75 square feet per dog.
	67.11(3) Sanitation requirements. A facility licensed to be a dog day care shall comply with the following sanitation standards:
	a. 	All areas to which a dog has access shall be cleaned and sanitized a minimum of once in each 24-hour period and more frequently as may be necessary to reduce disease hazards and odors. Sanitizing shall be done by washing the surfaces with hot water and soap or detergent, followed by the application of a safe and effective disinfectant. Runs and exercise areas having gravel or other nonpermanent surface materials shall be sanitized by periodic removal of soiled materials, application of suitable disinfectants, and replacement with clean surface materials.
	b. 	An effective program shall be established for the control of vermin infestation.
	67.11(4) Operations. A facility licensed to be a dog day care shall comply with the following operational standards:
	a. 	A dog, including a dog owned by the day care owner or a day care employee, shall be admitted into a day care only after the day care has:
	(1)	Subjected the dog to a preentry screening process that adequately evaluates the temperament of the dog, the dog’s ability to interact with other dogs in a positive manner, and the dog’s ability to interact with humans in a positive manner. The screening shall include, but is not limited to, obtaining a social history of the dog from the dog’s owner. A written record of the testing shall be maintained by the facility for the time the dog is enrolled in the day care.
	(2)	Obtained from the dog’s owner documentation of the medical history of the dog, including the dog’s current vaccination status against distemper and rabies, unless exempted by direct, written recommendation of the owner’s veterinarian or exempted by Iowa Code section 351.33 or 351.42.
	(3)	Determined through documentation or from obvious visual inspection that the dog is at least eight weeks of age.
	(4)	Obtained documentation that the dog has been spayed or neutered, if the dog is over six months of age.
	(5)	Obtained a written acknowledgment from the dog’s owner that the owner understands the inherent risk of injury or disease when dogs owned by different people are allowed to commingle. This written acknowledgment shall be separately signed or initialed by the dog’s owner.
	b. 	The day care shall separate dogs in the day care into playgroups comprised of compatible dogs. Dogs of incompatible personalities or temperament shall be maintained separately.
	c. 	The day care shall not admit any dog into the day care if the dog has a predisposition to be possessive of either the facility or a person owning or working in the facility.
	d. 	The day care shall make advance arrangements with a veterinarian to provide emergency veterinary care for dogs at the day care.
	e. 	A sick, diseased or injured dog shall be immediately removed from the playgroup and isolated. If circumstances indicate that immediate veterinary care is required, the dog shall be taken to a veterinarian or a veterinarian shall be called to examine the dog. The veterinarian can be either a veterinarian whose services have been contracted for by the day care or the veterinarian designated by the dog’s owner, if a timely examination by that veterinarian is feasible.
	f. 	Feeding of dogs and giving of snacks to a dog shall only be provided when the dog receiving the food or snack is outside the vision of the other dogs in the playgroup.
	g. 	A day care shall not establish a playgroup composed of more than 15 dogs.
	h. 	A day care shall employ sufficient staffing so that there is a minimum of one person assigned to each playgroup. The person supervising a playgroup shall be in continuous visual or auditory contact with the playgroup at all times.
This rule is intended to implement Iowa Code sections 162.6 and 162.9.
21—67.12(162) Fostering oversight organizations and foster care homes.
	67.12(1) As used in this rule, unless the context otherwise requires:
“Foster care home” means a private residence that is authorized to provide temporary shelter and care for an animal which has been accepted by a fostering oversight organization.
“Fostering oversight organization” means a registered animal shelter or a registered pound, as defined in Iowa Code chapter 162, which has been authorized by the department to utilize foster care homes in its operation.
	67.12(2) A registered animal shelter or registered pound shall not operate a foster care home or operate an organization that utilizes a foster care home unless the shelter or pound is in compliance with this rule and other applicable provisions of this chapter and Iowa Code chapter 162.
	67.12(3) A registered animal shelter or registered pound may apply to the department for a permit authorizing the shelter or pound to utilize one or more foster care homes in carrying out its mission of providing for the care and maintenance of an animal which has been taken in or entrusted to the animal shelter or pound. For purposes of this rule, an animal shelter or pound which has been granted such authorization shall be considered a fostering oversight organization.
	67.12(4) Neither a registered animal shelter nor a registered pound may utilize a foster care home unless the shelter or pound has been granted authorization by the department to be a fostering oversight organization. An animal shelter or pound which uses a foster care home without first obtaining a permit authorizing the shelter or pound to be a fostering oversight organization shall be considered to be operating illegally, shall be subject to suspension or revocation of its license to operate, and may be subject to other penalties authorized in Iowa Code chapter 162.
	67.12(5) A registered animal shelter or registered pound seeking to obtain a permit to be a fostering oversight organization shall make application to the department on a form prescribed by the department. When feasible, the application shall be submitted to the department at the same time that the registered animal shelter or registered pound submits its certificate of registration renewal application. The permit application shall provide sufficient information to allow the department to determine the ability of the proposed fostering oversight organization to provide adequate screening and oversight of any foster care home operating under the authority of the fostering oversight organization. Such application shall include, but is not limited to, the following information:
	a. 	The proposed fostering oversight organization’s plan for screening a prospective foster care home. Such plan shall include the criteria to be used by the fostering oversight organization in determining whether a person who will be operating a foster care home is capable of caring for the animals that may be placed in the foster care home.
	b. 	The proposed fostering oversight organization’s plan for providing oversight to the foster care home. The plan shall include the frequency of inspections of the foster care home by the fostering oversight organization and the criteria to be used by the fostering oversight organization in reviewing the foster care home during periodic inspections. The plan shall also include the actions to be taken by the fostering oversight organization in the event that the fostering oversight organization determines that the foster care home is not adequately providing for the animals in the foster care home.
	c. 	The name, address, and telephone number of the staff person connected with the proposed fostering oversight organization who will have primary responsibility for administering the proposed foster care program.
	d. 	The name, address, and telephone number of a secondary staff person connected with the proposed fostering oversight organization who will have responsibility for administering the proposed foster care program in the absence of the primary administrator.
	67.12(6) The initial approval of a fostering oversight organization shall be in effect only until the next expiration date of the registered pound or registered animal shelter’s license. Thereafter, a fostering oversight organization permit renewal shall be concurrent with the facility’s certificate of registration renewal, unless circumstances otherwise require.
	67.12(7) A fostering oversight organization shall require that all persons seeking to operate a foster care home under the fostering oversight organization submit a written application to the fostering oversight organization specifying the proposed foster care home’s qualifications, including, but not limited to, the ability of the foster care home to provide adequate care, exercise, feed, water, shelter, space, and veterinary care.
	67.12(8) A fostering oversight organization shall not be authorized to approve more than 20 foster care homes. In granting a permit to a fostering oversight organization, the department may further restrict the number of foster care homes a particular fostering oversight organization may utilize if the department determines that the fostering oversight organization does not have adequate personnel to supervise the number of foster care homes for which authorization was sought. The department may authorize the fostering oversight organization to approve more than 20 foster care homes only if the department finds that the fostering oversight organization has and maintains adequate personnel assigned to provide sufficient oversight of foster care homes.
	67.12(9) A fostering oversight organization shall not authorize a foster care home to have in its care more than 4 foster care animals over four months of age or 12 foster care animals less than four months of age, unless the foster care animals less than four months of age are from no more than two biological litters. When a nursing litter is placed in a foster care home, the nursing mother shall not be counted toward any applicable animal limitations for two weeks after the litter is weaned. Any approval of a foster care home shall not be interpreted to limit or override any local government’s limitations on the number of animals that may be kept on a single premises.
	67.12(10) A person who has been found to have engaged in or participated in an act constituting animal abandonment, neglect, cruelty, or abuse shall not be authorized to operate a foster care home. In addition, if a person has had a license or permit issued under Iowa Code chapter 162 or under the United States Department of Agriculture’s animal care program revoked or has surrendered that person’s license in lieu of revocation, then that person shall not be authorized to operate a foster care home.
	67.12(11) A fostering oversight organization shall not place a sexually intact animal in a foster care home where there is a sexually intact animal of the opposite sex of the same species, unless the fostering oversight organization determines that the fostered animal is too young to breed. If the fostering oversight organization determines that a sexually intact animal may be placed in a foster care home with another sexually intact animal of the opposite sex of the same species because the fostered animal is too young to breed, then the fostering oversight organization shall monitor the physical development of the fostered animal to either remove the animal before it is capable of breeding or to neuter or spay the fostered animal.
	67.12(12) The fostering oversight organization shall retain a copy of all the following documents for a period of 24 months and shall make such documents available for inspection by the department during regular business hours:
	a. 	Applications to operate a foster care home, including any written approvals, conditional approvals, or denials.
	b. 	Inspections or other reports relating to the operation of a foster care home.
	c. 	Any written complaints or notes written by staff of the fostering oversight organization relating to an oral complaint against a foster care home.
	d. 	Any documents relating to the investigation or other resolution of a complaint regarding a foster care home.
	e. 	Any documents relating to the revocation or suspension of a foster care home’s authorization.
	67.12(13) The fostering oversight organization shall maintain detailed records as to which animals have been placed in a foster care home, when each animal was placed in a foster care home, and the ultimate disposition of each animal.
	67.12(14) All adoptions and euthanasias of animals placed in a foster care home shall be the responsibility of the fostering oversight organization and shall not be performed by the foster care home, unless an emergency euthanasia must be performed by a licensed veterinarian to prevent the needless suffering of the animal.
	67.12(15) All deaths, injuries, or emergency euthanasias occurring within a foster care home shall be reported to the fostering oversight organization within 24 hours of the event.
	67.12(16) It is the primary responsibility of the fostering oversight organization to provide for oversight and regulation of its foster care homes; however, the department may choose to inspect a foster care home if the department determines that it would be in the best interests of the animals being maintained in the foster care home to conduct the inspection or if the department deems an inspection is desirable to determine whether a fostering oversight organization is properly fulfilling its role of screening and oversight of foster care homes. If the department determines that either serious or chronic problems exist in a foster care home, the department may order the fostering oversight organization to suspend or rescind the authorization of the foster care home. The fostering oversight organization shall immediately obtain physical examinations of all animals previously placed in the foster care home.
	67.12(17) If the department determines that a fostering oversight organization is not providing adequate screening or oversight of its foster care homes, then the department may suspend or rescind the fostering oversight organization’s authorization to use foster care homes.
	67.12(18) If the department suspends or revokes the license of an animal shelter or pound and that animal shelter or pound is also a fostering oversight organization, then the authorization of the animal shelter or pound to operate as a fostering oversight organization shall immediately cease, and the authorization of the foster care homes operating under that fostering oversight organization shall also immediately cease.
This rule is intended to implement Iowa Code chapter 162.
21—67.13(162) Greyhound breeder or farm fee. A person who owns, keeps, breeds, or transports a greyhound dog for pari-mutuel wagering at a racetrack as provided in Iowa Code chapter 99D shall pay a fee of $40 for the issuance or renewal of a state license.
This rule is intended to implement 2010 Iowa Acts, House File 2280, section 5.
[ARC 8636B, IAB 4/7/10, effective 3/9/10]
[Filed 12/9/74]
[Filed 1/13/84, Notice 12/7/83—published 2/l/84, effective 3/7/84]
[Filed emergency 7/25/85—published 8/14/85, effective 7/25/85]
[Filed 9/20/85, Notice 8/14/85—published 10/9/85, effective 11/13/85]
[Filed 8/8/86, Notice 7/2/86—published 8/27/86, effective 10/1/86]
[Filed emergency 7/8/88 after Notice 6/1/88—published 7/27/88, effective 7/8/88]
[Filed 6/7/91, Notice 3/20/91—published 6/26/91, effective 7/31/91]
[Filed 12/17/93, Notice 9/15/93—published 1/5/94, effective 2/9/94]
[Filed 8/26/94, Notice 7/20/94—published 9/14/94, effective 10/19/94]
[Filed 3/6/97, Notice 9/11/96—published 3/26/97, effective 4/30/97]
[Filed 7/10/98, Notice 5/6/98—published 7/29/98, effective 9/2/98]
[Filed 5/7/04, Notice 2/18/04—published 5/26/04, effective 6/30/04]
[Filed 2/21/07, Notice 12/20/06—published 3/14/07, effective 4/18/07]
[Filed emergency 8/15/08—published 9/10/08, effective 8/15/08]
[Filed Emergency ARC 8636B, IAB 4/7/10, effective 3/9/10]
[Filed Emergency ARC 8847B, IAB 6/16/10, effective 5/20/10]