House File 2641 H-8306 Amend House File 2641 as follows: 1 1. Page 6, after line 17 by inserting: 2 < Sec. ___. Section 162.10B, Code 2024, is amended to read 3 as follows: 4 162.10B Commercial establishments —— inspecting state 5 licensees and registrants or state licensees . 6 1. The department may shall inspect the commercial 7 establishment of a registrant or state licensee by entering on 8 a priority and scheduled basis. 9 2. a. The department shall inspect a commercial 10 establishment on a priority basis according to criteria 11 determined relevant by the department. 12 b. The department shall enter onto its the business premises 13 at any time during normal working hours of the registrant or 14 state licensee . The department shall determine whether the 15 registrant or state licensee is complying with section 162.10A. 16 c. The department may inspect records required to be 17 maintained by the state licensee or registrant as provided in 18 this chapter . 19 d. The department must inspect the commercial establishment 20 during normal business hours. 21 e. The department shall inspect the commercial establishment 22 regardless of when the department inspected the commercial 23 establishment on a scheduled basis. 24 3. The department shall inspect a commercial establishment 25 on a scheduled basis subject to all of the following: 26 a. The department is limited to entering onto the business 27 premises of a state licensee operating as a commercial breeder. 28 b. The department must enter on the business premises of the 29 state licensee once each twelve-month period. 30 c. The department must inspect the commercial establishment 31 during normal business hours. 32 d. The department shall determine whether the state licensee 33 is complying with section 162.10A. 34 e. The department may inspect records required to be 35 -1- HF 2641.4074 (2) 90 da/ns 1/ 4 #1.

maintained by the state licensee. 1 4. If the owner or person in charge of the commercial 2 establishment refuses admittance to allow an inspection under 3 this section , the department may obtain an administrative 4 search warrant issued under section 808.14 . The person shall 5 comply with the search warrant. 6 Sec. ___. Section 162.10C, Code 2024, is amended to read as 7 follows: 8 162.10C Commercial establishments —— monitoring permittees. 9 1. The department may shall monitor the commercial 10 establishment of a permittee by entering onto its business 11 premises at any time during normal working hours for the 12 limited purpose of determining whether the permittee is 13 providing for a standard of care required for permittees under 14 section 162.10A . The department shall monitor the commercial 15 establishment for the limited purpose of determining whether 16 the permittee is providing for a standard of care required for 17 permittees under section 162.10A . If the owner or person in 18 charge of the commercial establishment refuses admittance, the 19 department may obtain an administrative search warrant issued 20 under section 808.14 . 21 2. In order to enter onto the business premises of a 22 permittee’s commercial establishment, The department shall 23 inspect the commercial establishment of a permittee on a 24 priority and scheduled basis. 25 3. a. The department shall monitor a commercial 26 establishment on a priority basis, if the department must have 27 has reasonable cause to suspect that the permittee is not 28 providing for the standard of care required for permittees 29 under section 162.10A . 30 (1) Reasonable cause must be supported by any of the 31 following: 32 a. (a) An oral or written complaint received by the 33 department by a person. The complainant must provide 34 the complainant’s name and address and telephone number. 35 -2- HF 2641.4074 (2) 90 da/ns 2/ 4

Notwithstanding chapter 22 , the department’s record of a 1 complaint is confidential, unless any of the following apply: 2 (1) (i) The results of the monitoring are used in a 3 contested case proceeding as provided in chapter 17A or in a 4 judicial proceeding. 5 (2) (ii) The record is sought in discovery in any 6 administrative, civil, or criminal case. 7 (3) (iii) The department’s record of a complaint is filed 8 by a person other than an individual. 9 b. (b) A report prepared by a person employed by the United 10 States department of agriculture that requires a permittee to 11 take action necessary to correct a breach of standard of care 12 required of federal licensees by the Animal Welfare Act or of 13 permittees by section 162.10A . The department is not required 14 to dedicate any number of hours to viewing or analyzing such 15 reports. 16 3. (2) When carrying out this section paragraph , the 17 department may cooperate with the United States department 18 of agriculture. The department shall report any findings 19 resulting in an enforcement action under section 162.10D to the 20 United States department of agriculture. 21 b. If the department has reasonable cause, it shall enter 22 onto the business premises of the permittee. The department 23 shall inspect a commercial establishment subject to all of the 24 following: 25 (1) The department shall determine whether the permittee is 26 complying with section 162.10A. 27 (2) The department must inspect the commercial 28 establishment during normal business hours. 29 (3) The department shall inspect the commercial 30 establishment regardless of when the department inspected the 31 commercial establishment on a scheduled basis. 32 4. The department shall inspect a commercial establishment 33 on a scheduled basis subject to all of the following: 34 a. The department is limited to entering onto the business 35 -3- HF 2641.4074 (2) 90 da/ns 3/ 4

premises of a permittee operating as a commercial breeder. 1 b. The department must enter onto the business premises of 2 the permittee once each twelve-month period. 3 c. The department must inspect the commercial establishment 4 during normal business hours. 5 d. The department shall determine whether the permittee is 6 complying with section 162.10A. 7 5. If the owner or person in charge of the commercial 8 establishment refuses to allow the inspection under this 9 section, the department may obtain an administrative search 10 warrant issued under section 808.14. The person shall comply 11 with the search warrant. > 12 2. Title page, line 3, after < appropriations, > by inserting 13 < making penalties applicable, > 14 3. By renumbering as necessary. 15 ______________________________ JACOBY of Johnson -4- HF 2641.4074 (2) 90 da/ns 4/ 4 #2. #3.