HF 2039 (LSB 5256YH (4) 90)

HOUSE FILE 2039

BY  JACOBY

A BILL FOR

An Act relating to the treatment of animals other than agricultural animals by providing for the inspection or monitoring of commercial establishments by the department of agriculture and land stewardship, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 162.10B, Code 2024, is amended to read as follows:
   162.10B  Commercial establishments —— inspecting state licensees and registrants or state licensees.
   1.  The department may shall inspect the commercial establishment of a registrant or state licensee by entering on a priority and scheduled basis. 
   2.  a.  The department shall inspect a commercial establishment on a priority basis according to criteria determined relevant by the department.
   b.  The department shall enter onto its the business premises at any time during normal working hours of the registrant or state licensee.  The department shall determine whether the registrant or state licensee is complying with section 162.10A.
   c.  The department may inspect records required to be maintained by the state licensee or registrant as provided in this chapter.
   d.  The department must inspect the commercial establishment during normal business hours.
   e.  The department shall inspect the commercial establishment regardless of when the department inspected the commercial establishment on a scheduled basis.
   3.  The department shall inspect a commercial establishment on a scheduled basis subject to all of the following:
   a.  The department is limited to entering onto the business premises of a state licensee operating as a commercial breeder.
   b.  The department must enter on the business premises of the state licensee once each twelve-month period.
   c.  The department must inspect the commercial establishment during normal business hours.
   d.  The department shall determine whether the state licensee is complying with section 162.10A.
   e.  The department may inspect records required to be maintained by the state licensee.
   4.  If the owner or person in charge of the commercial establishment refuses admittance to allow an inspection under this section, the department may obtain an administrative search warrant issued under section 808.14.  The person shall comply with the search warrant.
    Sec. 2.  Section 162.10C, Code 2024, is amended to read as follows:
   162.10C  Commercial establishments —— monitoring permittees.
   1.  The department may shall monitor the commercial establishment of a permittee by entering onto its business premises at any time during normal working hours for the limited purpose of determining whether the permittee is providing for a standard of care required for permittees under section 162.10A. The department shall monitor the commercial establishment for the limited purpose of determining whether the permittee is providing for a standard of care required for permittees under section 162.10A. 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.  In order to enter onto the business premises of a permittee’s commercial establishment, The department shall inspect the commercial establishment of a permittee on a priority and scheduled basis. 
   3.  a.  The department shall monitor a commercial establishment on a priority basis, if the department must have has reasonable cause to suspect that the permittee is not providing for the standard of care required for permittees under section 162.10A.
   (1)  Reasonable cause must be supported by any of the following:
   a.  (a)  An oral or written complaint received by the department by a person. The complainant must provide the complainant’s name and address and telephone number. Notwithstanding chapter 22, the department’s record of a complaint is confidential, unless any of the following apply:
   (1)  (i)  The results of the monitoring are used in a contested case proceeding as provided in chapter 17A or in a judicial proceeding. 
   (2)  (ii)  The record is sought in discovery in any administrative, civil, or criminal case. 
   (3)  (iii)  The department’s record of a complaint is filed by a person other than an individual.
   b.  (b)  A report prepared by a person employed by the United States department of agriculture that requires a permittee to take action necessary to correct a breach of standard of care required of federal licensees by the Animal Welfare Act or of permittees by section 162.10A. The department is not required to dedicate any number of hours to viewing or analyzing such reports.
   3.  (2)  When carrying out this section paragraph, the department may cooperate with the United States department of agriculture. The department shall report any findings resulting in an enforcement action under section 162.10D to the United States department of agriculture. 
   b.  If the department has reasonable cause, it shall enter onto the business premises of the permittee. The department shall inspect a commercial establishment subject to all of the following:
   (1)  The department shall determine whether the permittee is complying with section 162.10A.
   (2)  The department must inspect the commercial establishment during normal business hours.
   (3)  The department shall inspect the commercial establishment regardless of when the department inspected the commercial establishment on a scheduled basis.
   4.  The department shall inspect a commercial establishment on a scheduled basis subject to all of the following:
   a.  The department is limited to entering onto the business premises of a permittee operating as a commercial breeder.
   b.  The department must enter onto the business premises of the permittee once each twelve-month period.
   c.  The department must inspect the commercial establishment during normal business hours.
   d.  The department shall determine whether the permittee is complying with section 162.10A.
   5.  If the owner or person in charge of the commercial establishment refuses to allow the inspection under this section, the department may obtain an administrative search warrant issued under section 808.14. The person shall comply with the search warrant.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND —— GENERAL. This bill amends Code chapter 162, which provides for the regulation of commercial establishments that possess or control animals, other than animals used for an agricultural purpose (Code section 162.1). The Code chapter is administered and enforced by the department of agriculture and land stewardship (DALS). DALS issues various forms of authorizations according to the type of commercial establishment regulated, with each type subject to a separate fee (Code section 162.2B). An animal shelter, pound, or research facility is issued a certificate of registration (Code sections 162.3, 162.4, and 162.4A); a pet shop, boarding kennel, or commercial kennel is issued a state license (Code sections 162.5, 162.5A, and 162.6); and a dealer, commercial breeder, or public auction may elect to be issued a state license or a permit. However, in order to be issued a permit, the dealer, commercial breeder, or public auction must be licensed under the federal Animal Welfare Act (7 U.S.C. ch. 54) by the United States department of agriculture (USDA) (Code sections 162.7, 162.8, and 162.9A).
   BACKGROUND —— REQUIREMENTS. A registrant or state licensee (registrant/state licensee) is required to maintain business records (records) while a permittee may but is not required to maintain those records. The Code chapter requires that a commercial establishment must ensure that an animal in its possession or under its control is provided a minimum standard of care (adequate feed, adequate water, housing facilities, sanitary control, grooming, and veterinary care) (Code section 162.10A). A commercial establishment must comply with DALS’ rules. However, the standard of care for a permittee cannot be more restrictive than the federal Animal Welfare Act.
   BACKGROUND —— ENTERING ONTO THE BUSINESS PREMISES OF A COMMERCIAL ESTABLISHMENT. DALS may inspect a registrant/state licensee by entering onto its business premises and may inspect its records (Code section 162.10B). Alternatively, DALS may monitor a permittee by entering onto its business premises for the limited purpose of determining whether the permittee is providing for the required standard of care (Code section 162.10C). In order to enter onto the premises of a permittee, DALS must have reasonable cause supported by an oral or written complaint or a report filed by the USDA.
   BACKGROUND —— REGULATION OF COMMERCIAL BREEDERS. A commercial establishment that possesses or controls dogs or cats as a commercial breeder operates either as a registrant/state licensee or permittee. A commercial breeder is a person engaged in the business of breeding dogs or cats, or who sells, exchanges, or leases dogs or cats, in return for consideration. However, an exception applies to exclude a person who owns or harbors three or fewer breeding males or females (Code section 162.2).
   BILL’S PROVISIONS —— INSPECTION OR MONITORING OF COMMERCIAL ESTABLISHMENTS OPERATING AS A REGISTRANT/STATE LICENSEE OR PERMITTEE. The bill provides for inspecting a commercial establishment operated by a registrant/state licensee, or monitoring a commercial establishment operated by a permittee, on both a priority and scheduled basis. DALS inspects or monitors a commercial establishment on a priority basis according to its criteria, which is the same process that exists under current law, with one exception. If DALS enters onto the business premises of a commercial establishment, it must determine whether the registrant/state licensee or permittee is complying with the respective standard of care requirements. For inspecting or monitoring a commercial establishment on a scheduled basis, DALS must enter onto the business premises of each commercial establishment operating as a commercial breeder (state licensee or permittee) once each 12-month period to determine compliance with applicable standard of care requirements. There is no reasonable cause requirement that must support DALS’ entry onto the permittee’s commercial establishment.
   APPLICABLE PENALTIES. DALS is authorized to establish, impose, and assess a civil penalty of not more than $500 for a violation of the Code chapter by a commercial establishment subject to registration/state license or permit (Code section 162.12A). DALS may also suspend or revoke the registration/state license or permit (Code section 162.10D).