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House File 2259 - IntroducedA Bill ForAn Act 1providing for the regulation of animals other than
2livestock that are maintained by commercial establishments,
3making penalties applicable, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 162.2, subsections 1, 2, 15, and 17, Code
22018, are amended by striking the subsections.
3 Sec. 2. Section 162.2, subsections 6 and 26, Code 2018, are
4amended to read as follows:
56. “Authorization” means a state license, or certificate
6of registration, or permit issued or renewed by the department
7to operate a commercial establishment as provided in section
8162.2A.
926. “State licensee” means any of the following:
10a. A a boarding kennel, commercial breeder, commercial
11kennel, or dealer, pet shop, or public auction to whom a state
12license is issued by the department pursuant to section 162.2A.
13b. A commercial breeder, dealer, or public auction to whom
14a state license is issued in lieu of a permit by the department
15pursuant to section 162.2A.
16 Sec. 3. Section 162.2A, Code 2018, is amended to read as
17follows:
18162.2A Application, issuance, and renewal of authorizations.
191. The department shall provide for the operation
20of a commercial establishment by issuing or renewing an
21authorization, including any of the following:
22a. A certificate of registration for a pound, animal
23shelter, or research facility.
24b. A state license for a boarding kennel, commercial
25breeder, commercial kennel, or dealer, pet shop, or public
26auction.
27c. A state license or permit for a commercial breeder,
28dealer, or public auction. A federal licensee must apply for
29and be issued either a permit or a state license in lieu of a
30permit.
312. A person must be issued a separate state license,
32certificate of registration, or permit authorization for each
33commercial establishment owned or operated by the person.
343. A person must apply for the issuance or renewal of an
35authorization on forms and according to procedures required by
-1-1rules adopted by the department. The application shall contain
2information required by the department, including but not
3limited to all of the following:
4a. The person’s name.
5b. The person’s principal office or place of business.
6c. The name, address, and type of commercial establishment
7covered by the authorization.
8d. The person’s identification number. Notwithstanding
9chapter 22, the department shall keep the person’s tax
10identification number confidential except for purposes of tax
11administration by the department of revenue, including as
12provided in section 421.18.
134. The authorization expires on an annual basis as
14provided by the department, and must be renewed by the
15commercial establishment on an annual basis on or before the
16authorization’s expiration date.
175. a. A commercial establishment applying for the issuance
18or renewal of a permit shall provide the department with proof
19that the person is a federal licensee. Before approving
20an application to issue a person a license as a commercial
21breeder, dealer, or pet shop, the department shall inspect
22the premises of the applicant’s commercial establishment,
23pursuant to section 162.10B. The department shall disapprove
24the application if it determines that if the application were
25approved, the commercial establishment would not comply with
26the standard of care required under section 162.10A, including
27any rules adopted pursuant to that section. If the department
28disapproves the application, the person may submit a new
29application for the same or different license described in
30this subsection. However, the department shall not accept an
31application that is submitted earlier than six months after the
32date that the department disapproved the previous application.
33The department shall not approve an application submitted by
34a person who has applied for any license described in this
35subsection and has been denied a license more than twice.
-2- 1b. The department shall not require that it must enter onto
2the premises of a commercial establishment in order to issue a
3permit. The department shall not require that it must enter
4onto the premises of a commercial establishment in order to
5renew a permit, unless it has reasonable cause to monitor the
6commercial establishment as provided in section 162.10C.
7 Sec. 4. Section 162.2B, subsection 1, Code 2018, is amended
8to read as follows:
91. A commercial establishment shall pay authorization fees
10to the department for the issuance or renewal of a certificate
11of registration, or state license, or permit.
12a. For the issuance or renewal of a certificate of
13registration, seventy-five dollars.
14b. For the issuance or renewal of a state license,
15 or permit, one hundred seventy-five dollars. However, a
16commercial breeder who owns, keeps, breeds, or transports
17a greyhound dog for pari-mutuel wagering at a racetrack as
18provided in chapter 99D shall pay a different fee for the
19issuance or renewal of a state license as provided in rules
20adopted by the department.
21 Sec. 5. Section 162.7, Code 2018, is amended to read as
22follows:
23162.7 Operation of a dealer — state license or permit.
24A dealer shall only operate pursuant to a state license,
25or a permit, issued or renewed by the department as provided
26in section 162.2A. A dealer who is a state licensee shall
27maintain records as required by the department in order for the
28department to ensure compliance with the provisions of this
29chapter. A dealer who is a permittee may but is not required
30to maintain records. A dealer shall not purchase a dog or cat
31from a commercial establishment that does not have operate
32pursuant to a valid authorization issued or renewed under this
33chapter or a similar authorization issued or renewed by another
34state.
35 Sec. 6. Section 162.8, Code 2018, is amended to read as
-3-1follows:
2162.8 Operation of a commercial breeder — state license or
3permit.
4A commercial breeder shall only operate pursuant to a state
5license, or a permit, issued or renewed by the department
6as provided in section 162.2A. A commercial breeder who is
7a state licensee shall maintain records as required by the
8department in order for the department to ensure the commercial
9breeder’s compliance with the provisions of this chapter. A
10commercial breeder who is a permittee may but is not required
11to maintain records. A commercial breeder shall not purchase a
12dog or cat from a commercial establishment that does not have
13 operate pursuant to a valid authorization issued or renewed
14under this chapter or a similar authorization issued or renewed
15by another state.
16 Sec. 7. Section 162.9A, Code 2018, is amended to read as
17follows:
18162.9A Operation of a public auction— state license or
19permit.
20A public auction shall only operate pursuant to a state
21license, or a permit, issued or renewed by the department
22as provided in section 162.2A. A public auction which is
23a state licensee shall maintain records as required by the
24department in order for the department to ensure the public
25auction’s compliance with the provisions of this chapter. A
26public auction which is a permittee may but is not required to
27maintain records. A public auction shall not purchase a dog or
28cat from a commercial establishment that does not have a valid
29authorization issued or renewed under this chapter or a similar
30authorization issued or renewed by another state.
31 Sec. 8. Section 162.10A, Code 2018, is amended to read as
32follows:
33162.10A Commercial establishments — standard of care.
341. a. A commercial establishment shall provide for a
35standard of care that ensures that an animal in its possession
-4-1or under its control is not lacking any of the following:
2(1) Adequate feed, adequate water, housing facilities,
3sanitary control, or grooming practices, if such lack causes
4adverse health or suffering that is of a quantity and quality
5suitable for the species, age, and condition of the animal to
6maintain a reasonable level of nutrition. The food must be
7provided to the animal at least once each twenty-four hours,
8unless otherwise specified by a licensed veterinarian in
9writing.
10(2) Continuous access to a supply of clean, fresh,
11potable water, that is not frozen, and is provided in a
12sanitary manner, except as otherwise specified by a licensed
13veterinarian in writing.
14(2) (3) Veterinary care.
15b. A commercial establishment, other than a research
16facility or pet shop, shall provide for the standard of care
17for dogs and cats in its possession or under its control, and a
18research facility or pet shop shall provide for the standard
19of care for vertebrate animals in its possession or under its
20control.
212. a. Except as provided in paragraph “b”, or “c”, a
22commercial establishment shall comply with rules that the
23department adopts to implement subsection 1 administer and
24enforce this section. A commercial establishment shall be
25regulated under this paragraph “a” unless the person is a state
26licensee as provided in paragraph “b” or a permittee as provided
27in paragraph “c”.
28b. A state licensee who is a commercial breeder owning,
29breeding, transporting, or keeping a greyhound dog for
30pari-mutuel wagering at a racetrack as provided in chapter 99D
31may be required to comply with different rules adopted by the
32department.
33c. A permittee is not required to comply with rules that the
34department adopts to implement a standard of care as provided
35in subsection 1 for state licensees and registrants. The
-5-1department may adopt rules regulating a standard of care for
2a permittee, so long as the rules are not more restrictive
3than required for a permittee under the Animal Welfare Act.
4However, the department may adopt prescriptive rules relating
5to the standard of care. Regardless of whether the department
6adopts such rules, a permittee meets the standard of care
7required in subsection 1 if it voluntarily complies with rules
8applicable to state licensees or registrants. A finding by
9the United States department of agriculture that a permittee
10complies with the Animal Welfare Act is not conclusive when
11determining that the permittee provides a standard of care
12required in subsection 1.
133. A commercial breeder shall ensure that a dog or cat is
14comfortably housed in a primary enclosure as follows:
15a. The floor must be constructed in a manner that satisfies
16all of the following requirements:
17(1) Prevents the dog’s or cat’s toes, feet, or legs from
18being injured.
19(2) Has an even surface.
20(3) Uses materials that do not sag.
21(4) Does not use perforated materials, unless any portion
22of the dog’s or cat’s feet or toes are prevented from passing
23through the surface.
24b. The floor must not be constructed with any of the
25following:
26(1) Wire strand.
27(2) Slats that are less than one and one-half inches in
28width.
29c. (1) A primary enclosure housing dogs shall be subject to
30special requirements as follows:
31(a) For each dog that measures less than twenty-five inches
32in length, the dog’s primary enclosure must include at least
33twelve square feet of indoor floor space.
34(b) For each dog that measures twenty-five inches or more
35but less than thirty-five inches in length, the dog’s primary
-6-1enclosure must include at least twenty square feet of indoor
2floor space.
3(c) For each dog that measures more than thirty-five inches
4in length, the dog’s primary enclosure must include at least
5thirty square feet of indoor floor space.
6(2) A dog shall be measured from the tip of its nose to the
7base of its tail.
8d. A commercial breeder shall not permanently tether a dog.
9A commercial breeder shall not temporarily tether a dog, unless
10it is done pursuant to a written waiver issued by the state
11veterinarian that specifies the conditions for tethering.
124. A commercial breeder shall ensure that a dog or cat
13housed in an environment complies with the following:
14a. For an indoor environment, the ambient temperature,
15during any four consecutive hours, must not be less than
16forty-five degrees Fahrenheit and not more than eighty-five
17degrees Fahrenheit. The commercial breeder must furnish dry
18bedding, solid resting boards, or other methods of conserving
19the dog’s or cat’s body heat during any period when the
20temperature is less than forty-five degrees Fahrenheit.
21b. For an outdoor environment, the commercial breeder shall
22make one or more places of refuge available that meets the
23following requirements:
24(1) (a) It must include one or more sheltered structures
25capable of allowing each dog or cat to sit, stand, lie in
26a normal manner, and to turn about freely. The sheltered
27structure must be constructed with a roof, four walls, and a
28floor. The sheltered structure must have a wind break and rain
29break at the entrance. The sheltered structure must provide
30each dog or cat with adequate protection from normal outdoor
31conditions, including cold, heat, the sun, wind, rain, and
32snow.
33(b) It must be furnished with clean, dry bedding material if
34the ambient temperature is less than fifty degrees Fahrenheit.
35A commercial breeder shall furnish the sheltered structure
-7-1with additional clean, dry bedding during any period when the
2temperature is lower than thirty-five degrees Fahrenheit.
3(2) It must include one or more natural areas or constructed
4areas so that each dog or cat may be protected from the sun
5or wind. A natural area may include one or more trees with
6adequate foliage. A constructed area may include one or more
7awnings, suspended shade cloths, or heavy duty tarps. A
8constructed area must be maintained in good repair and firmly
9secured to a frame.
10c. (1) Notwithstanding paragraphs “a” and “b”, an at-risk
11dog or cat must be maintained in an indoor environment having
12an ambient temperature that is not less than fifty degrees
13Fahrenheit. A dog or cat is at risk if it is any of the
14following:
15(a) Not acclimated to temperatures lower than fifty
16degrees.
17(b) Belongs to a breed that cannot tolerate temperatures
18lower than fifty degrees without stress or discomfort.
19(c) Is sick, infirm, aged, or immature.
20(2) When the at-risk status of a dog or cat as under
21subparagraph (1) cannot be immediately determined, it is
22presumed that the dog or cat is at risk until the status is
23determined.
24(3) This paragraph “c” does not apply to the extent that a
25licensed veterinarian provides in writing for the alternative
26care of the at-risk dogs and cats.
275. A commercial breeder shall ensure that a dog or cat
28is provided at least one personal examination by a licensed
29veterinarian during each twelve-month period, including but
30not limited to a comprehensive physical examination, dental
31assessment, pain assessment, and body condition scoring.
323. 6. A commercial establishment fails to provide for a
33standard of care as provided in subsection 1 this section if
34the commercial establishment commits abuse as described in
35section 717B.2, neglect as described in section 717B.3, or
-8-1torture as provided in section 717B.3A.
2 Sec. 9. Section 162.10B, Code 2018, is amended to read as
3follows:
4162.10B Commercial establishments — inspecting state
5licensees and registrants.
61. The department may inspect the commercial establishment
7of a registrant or state licensee by entering onto its
8business premises at any time during normal working hours. The
9department may inspect records required to be maintained by the
10state licensee or registrant as provided in this chapter. If
11the owner or person in charge of the commercial establishment
12refuses admittance, the department may obtain an administrative
13search warrant issued under section 808.14.
142. In addition to the inspection required under section
15162.2A, the department shall inspect the commercial
16establishment of a commercial breeder, dealer, or pet shop
17at least once annually, and upon complaint. The department
18shall prepare and keep a record of an inspection report. The
19inspection report shall include detailed findings, including
20explanation of any noncompliance with the standard of care in
21section 162.10A or any rules adopted pursuant to this chapter,
22and any photographs taken. The department shall maintain such
23inspection reports for three years.
243. If the commercial establishment holds a federal license,
25the department shall report any findings resulting in an
26enforcement action under section 162.10D to the United States
27department of agriculture.
28 Sec. 10. Section 162.11, subsection 1, Code 2018, is amended
29by striking the subsection.
30 Sec. 11. REPEAL. Section 162.10C, Code 2018, is repealed.
31 Sec. 12. EFFECTIVE UPON ENACTMENT. Except as otherwise
32provided in this Act, this Act takes effect upon enactment.
33 Sec. 13. EFFECTIVE DATE. Section 162.10A, subsections 3
34through 5, as enacted in this Act, take effect January 1, 2019.
35EXPLANATION
-9-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill amends provisions in Code chapter 162 that
4authorize the department of agriculture and land stewardship
5(DALS) to regulate certain animals (excluding agricultural
6animals) kept in commercial establishments. Generally,
7commercial establishments must obtain a license or certificate
8of registration.
9STATE LICENSES. The bill addresses several types of
10commercial establishments that have obtained a federal license
11and a state permit in lieu of a state license, including a
12public auction (Code section 162.9A), dealer (Code section
13162.7), and commercial breeder (Code section 162.8). Under the
14bill, a federally licensed commercial establishment must obtain
15a state license. The bill also provides that before approving
16an application for a state license as a commercial breeder,
17dealer, or pet shop, DALS must inspect the premises of the
18applicant’s commercial establishment. If the DALS disapproves
19an application more than once, it is prohibited from accepting
20a new application.
21STANDARD OF CARE. The bill provides new standard of
22care requirements for a commercial breeder of dogs or cats,
23including the construction of their primary enclosures, and
24whether they are housed in an indoor or outdoor environment.
25For an indoor environment, the bill provides ranges for ambient
26air temperature, and for an outdoor environment, it requires
27the use of sheltered structures constructed according to a
28number of specifications and natural or constructed areas where
29the animal is protected from the sun or wind. It also requires
30that the commercial breeder ensure that each dog or cat is
31provided an annual examination by a veterinarian.
32INSPECTIONS. The bill requires DALS to inspect the
33commercial establishment of a commercial breeder, dealer, or
34pet shop at least once annually, and upon complaint. The
35inspection report shall include detailed findings, including
-10-1explanation of any noncompliance with the standard of care in
2Code section 162.10A or any rules adopted pursuant to this
3Code chapter, and any photographs taken. The department
4shall maintain such inspection reports for three years. The
5bill also requires that if the commercial establishment holds
6a federal license, DALS must submit any findings resulting
7in an enforcement action to the United States department of
8agriculture.
9APPLICABLE PENALTIES. DALS is authorized to establish,
10impose, and assess civil penalties for violations of the Code
11chapter’s provisions. The civil penalty is up to $500 per day
12of a violation. For a housing violation, the civil penalty is
13assessed for the first day, but not for the subsequent 15 days
14to allow for correction according to a departmental plan. For
15an unauthorized commercial establishment, the civil penalty is
16up to $1,000 per day of a violation, without a grace period for
17a housing violation (Code section 162.12A).
18CRIMINAL PENALTIES. A person who violates a standard of care
19is guilty of a simple misdemeanor. A person who operates a
20commercial establishment without obtaining an authorization is
21guilty of a simple misdemeanor (Code section 162.13). A simple
22misdemeanor is punishable by confinement for no more than 30
23days or a fine of at least $65 but not more than $625 or by
24both.
-11-da/rj
2livestock that are maintained by commercial establishments,
3making penalties applicable, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 162.2, subsections 1, 2, 15, and 17, Code
22018, are amended by striking the subsections.
3 Sec. 2. Section 162.2, subsections 6 and 26, Code 2018, are
4amended to read as follows:
56. “Authorization” means a state license, or certificate
6of registration, or permit issued or renewed by the department
7to operate a commercial establishment as provided in section
8162.2A.
926. “State licensee” means any of the following:
10a. A a boarding kennel, commercial breeder, commercial
11kennel, or dealer, pet shop, or public auction to whom a state
12license is issued by the department pursuant to section 162.2A.
13b. A commercial breeder, dealer, or public auction to whom
14a state license is issued in lieu of a permit by the department
15pursuant to section 162.2A.
16 Sec. 3. Section 162.2A, Code 2018, is amended to read as
17follows:
18162.2A Application, issuance, and renewal of authorizations.
191. The department shall provide for the operation
20of a commercial establishment by issuing or renewing an
21authorization, including any of the following:
22a. A certificate of registration for a pound, animal
23shelter, or research facility.
24b. A state license for a boarding kennel, commercial
25breeder, commercial kennel, or dealer, pet shop, or public
26auction.
27c. A state license or permit for a commercial breeder,
28dealer, or public auction. A federal licensee must apply for
29and be issued either a permit or a state license in lieu of a
30permit.
312. A person must be issued a separate state license,
32certificate of registration, or permit authorization for each
33commercial establishment owned or operated by the person.
343. A person must apply for the issuance or renewal of an
35authorization on forms and according to procedures required by
-1-1rules adopted by the department. The application shall contain
2information required by the department, including but not
3limited to all of the following:
4a. The person’s name.
5b. The person’s principal office or place of business.
6c. The name, address, and type of commercial establishment
7covered by the authorization.
8d. The person’s identification number. Notwithstanding
9chapter 22, the department shall keep the person’s tax
10identification number confidential except for purposes of tax
11administration by the department of revenue, including as
12provided in section 421.18.
134. The authorization expires on an annual basis as
14provided by the department, and must be renewed by the
15commercial establishment on an annual basis on or before the
16authorization’s expiration date.
175. a. A commercial establishment applying for the issuance
18or renewal of a permit shall provide the department with proof
19that the person is a federal licensee. Before approving
20an application to issue a person a license as a commercial
21breeder, dealer, or pet shop, the department shall inspect
22the premises of the applicant’s commercial establishment,
23pursuant to section 162.10B. The department shall disapprove
24the application if it determines that if the application were
25approved, the commercial establishment would not comply with
26the standard of care required under section 162.10A, including
27any rules adopted pursuant to that section. If the department
28disapproves the application, the person may submit a new
29application for the same or different license described in
30this subsection. However, the department shall not accept an
31application that is submitted earlier than six months after the
32date that the department disapproved the previous application.
33The department shall not approve an application submitted by
34a person who has applied for any license described in this
35subsection and has been denied a license more than twice.
-2- 1b. The department shall not require that it must enter onto
2the premises of a commercial establishment in order to issue a
3permit. The department shall not require that it must enter
4onto the premises of a commercial establishment in order to
5renew a permit, unless it has reasonable cause to monitor the
6commercial establishment as provided in section 162.10C.
7 Sec. 4. Section 162.2B, subsection 1, Code 2018, is amended
8to read as follows:
91. A commercial establishment shall pay authorization fees
10to the department for the issuance or renewal of a certificate
11of registration, or state license, or permit.
12a. For the issuance or renewal of a certificate of
13registration, seventy-five dollars.
14b. For the issuance or renewal of a state license,
15 or permit, one hundred seventy-five dollars. However, a
16commercial breeder who owns, keeps, breeds, or transports
17a greyhound dog for pari-mutuel wagering at a racetrack as
18provided in chapter 99D shall pay a different fee for the
19issuance or renewal of a state license as provided in rules
20adopted by the department.
21 Sec. 5. Section 162.7, Code 2018, is amended to read as
22follows:
23162.7 Operation of a dealer — state license or permit.
24A dealer shall only operate pursuant to a state license,
25or a permit, issued or renewed by the department as provided
26in section 162.2A. A dealer who is a state licensee shall
27maintain records as required by the department in order for the
28department to ensure compliance with the provisions of this
29chapter. A dealer who is a permittee may but is not required
30to maintain records. A dealer shall not purchase a dog or cat
31from a commercial establishment that does not have operate
32pursuant to a valid authorization issued or renewed under this
33chapter or a similar authorization issued or renewed by another
34state.
35 Sec. 6. Section 162.8, Code 2018, is amended to read as
-3-1follows:
2162.8 Operation of a commercial breeder — state license or
3permit.
4A commercial breeder shall only operate pursuant to a state
5license, or a permit, issued or renewed by the department
6as provided in section 162.2A. A commercial breeder who is
7a state licensee shall maintain records as required by the
8department in order for the department to ensure the commercial
9breeder’s compliance with the provisions of this chapter. A
10commercial breeder who is a permittee may but is not required
11to maintain records. A commercial breeder shall not purchase a
12dog or cat from a commercial establishment that does not have
13 operate pursuant to a valid authorization issued or renewed
14under this chapter or a similar authorization issued or renewed
15by another state.
16 Sec. 7. Section 162.9A, Code 2018, is amended to read as
17follows:
18162.9A Operation of a public auction— state license or
19permit.
20A public auction shall only operate pursuant to a state
21license, or a permit, issued or renewed by the department
22as provided in section 162.2A. A public auction which is
23a state licensee shall maintain records as required by the
24department in order for the department to ensure the public
25auction’s compliance with the provisions of this chapter. A
26public auction which is a permittee may but is not required to
27maintain records. A public auction shall not purchase a dog or
28cat from a commercial establishment that does not have a valid
29authorization issued or renewed under this chapter or a similar
30authorization issued or renewed by another state.
31 Sec. 8. Section 162.10A, Code 2018, is amended to read as
32follows:
33162.10A Commercial establishments — standard of care.
341. a. A commercial establishment shall provide for a
35standard of care that ensures that an animal in its possession
-4-1or under its control is not lacking any of the following:
2(1) Adequate feed, adequate water, housing facilities,
3sanitary control, or grooming practices, if such lack causes
4adverse health or suffering that is of a quantity and quality
5suitable for the species, age, and condition of the animal to
6maintain a reasonable level of nutrition. The food must be
7provided to the animal at least once each twenty-four hours,
8unless otherwise specified by a licensed veterinarian in
9writing.
10(2) Continuous access to a supply of clean, fresh,
11potable water, that is not frozen, and is provided in a
12sanitary manner, except as otherwise specified by a licensed
13veterinarian in writing.
14(2) (3) Veterinary care.
15b. A commercial establishment, other than a research
16facility or pet shop, shall provide for the standard of care
17for dogs and cats in its possession or under its control, and a
18research facility or pet shop shall provide for the standard
19of care for vertebrate animals in its possession or under its
20control.
212. a. Except as provided in paragraph “b”, or “c”, a
22commercial establishment shall comply with rules that the
23department adopts to implement subsection 1 administer and
24enforce this section. A commercial establishment shall be
25regulated under this paragraph “a” unless the person is a state
26licensee as provided in paragraph “b” or a permittee as provided
27in paragraph “c”.
28b. A state licensee who is a commercial breeder owning,
29breeding, transporting, or keeping a greyhound dog for
30pari-mutuel wagering at a racetrack as provided in chapter 99D
31may be required to comply with different rules adopted by the
32department.
33c. A permittee is not required to comply with rules that the
34department adopts to implement a standard of care as provided
35in subsection 1 for state licensees and registrants. The
-5-1department may adopt rules regulating a standard of care for
2a permittee, so long as the rules are not more restrictive
3than required for a permittee under the Animal Welfare Act.
4However, the department may adopt prescriptive rules relating
5to the standard of care. Regardless of whether the department
6adopts such rules, a permittee meets the standard of care
7required in subsection 1 if it voluntarily complies with rules
8applicable to state licensees or registrants. A finding by
9the United States department of agriculture that a permittee
10complies with the Animal Welfare Act is not conclusive when
11determining that the permittee provides a standard of care
12required in subsection 1.
133. A commercial breeder shall ensure that a dog or cat is
14comfortably housed in a primary enclosure as follows:
15a. The floor must be constructed in a manner that satisfies
16all of the following requirements:
17(1) Prevents the dog’s or cat’s toes, feet, or legs from
18being injured.
19(2) Has an even surface.
20(3) Uses materials that do not sag.
21(4) Does not use perforated materials, unless any portion
22of the dog’s or cat’s feet or toes are prevented from passing
23through the surface.
24b. The floor must not be constructed with any of the
25following:
26(1) Wire strand.
27(2) Slats that are less than one and one-half inches in
28width.
29c. (1) A primary enclosure housing dogs shall be subject to
30special requirements as follows:
31(a) For each dog that measures less than twenty-five inches
32in length, the dog’s primary enclosure must include at least
33twelve square feet of indoor floor space.
34(b) For each dog that measures twenty-five inches or more
35but less than thirty-five inches in length, the dog’s primary
-6-1enclosure must include at least twenty square feet of indoor
2floor space.
3(c) For each dog that measures more than thirty-five inches
4in length, the dog’s primary enclosure must include at least
5thirty square feet of indoor floor space.
6(2) A dog shall be measured from the tip of its nose to the
7base of its tail.
8d. A commercial breeder shall not permanently tether a dog.
9A commercial breeder shall not temporarily tether a dog, unless
10it is done pursuant to a written waiver issued by the state
11veterinarian that specifies the conditions for tethering.
124. A commercial breeder shall ensure that a dog or cat
13housed in an environment complies with the following:
14a. For an indoor environment, the ambient temperature,
15during any four consecutive hours, must not be less than
16forty-five degrees Fahrenheit and not more than eighty-five
17degrees Fahrenheit. The commercial breeder must furnish dry
18bedding, solid resting boards, or other methods of conserving
19the dog’s or cat’s body heat during any period when the
20temperature is less than forty-five degrees Fahrenheit.
21b. For an outdoor environment, the commercial breeder shall
22make one or more places of refuge available that meets the
23following requirements:
24(1) (a) It must include one or more sheltered structures
25capable of allowing each dog or cat to sit, stand, lie in
26a normal manner, and to turn about freely. The sheltered
27structure must be constructed with a roof, four walls, and a
28floor. The sheltered structure must have a wind break and rain
29break at the entrance. The sheltered structure must provide
30each dog or cat with adequate protection from normal outdoor
31conditions, including cold, heat, the sun, wind, rain, and
32snow.
33(b) It must be furnished with clean, dry bedding material if
34the ambient temperature is less than fifty degrees Fahrenheit.
35A commercial breeder shall furnish the sheltered structure
-7-1with additional clean, dry bedding during any period when the
2temperature is lower than thirty-five degrees Fahrenheit.
3(2) It must include one or more natural areas or constructed
4areas so that each dog or cat may be protected from the sun
5or wind. A natural area may include one or more trees with
6adequate foliage. A constructed area may include one or more
7awnings, suspended shade cloths, or heavy duty tarps. A
8constructed area must be maintained in good repair and firmly
9secured to a frame.
10c. (1) Notwithstanding paragraphs “a” and “b”, an at-risk
11dog or cat must be maintained in an indoor environment having
12an ambient temperature that is not less than fifty degrees
13Fahrenheit. A dog or cat is at risk if it is any of the
14following:
15(a) Not acclimated to temperatures lower than fifty
16degrees.
17(b) Belongs to a breed that cannot tolerate temperatures
18lower than fifty degrees without stress or discomfort.
19(c) Is sick, infirm, aged, or immature.
20(2) When the at-risk status of a dog or cat as under
21subparagraph (1) cannot be immediately determined, it is
22presumed that the dog or cat is at risk until the status is
23determined.
24(3) This paragraph “c” does not apply to the extent that a
25licensed veterinarian provides in writing for the alternative
26care of the at-risk dogs and cats.
275. A commercial breeder shall ensure that a dog or cat
28is provided at least one personal examination by a licensed
29veterinarian during each twelve-month period, including but
30not limited to a comprehensive physical examination, dental
31assessment, pain assessment, and body condition scoring.
323. 6. A commercial establishment fails to provide for a
33standard of care as provided in subsection 1 this section if
34the commercial establishment commits abuse as described in
35section 717B.2, neglect as described in section 717B.3, or
-8-1torture as provided in section 717B.3A.
2 Sec. 9. Section 162.10B, Code 2018, is amended to read as
3follows:
4162.10B Commercial establishments — inspecting state
5licensees and registrants.
61. The department may inspect the commercial establishment
7of a registrant or state licensee by entering onto its
8business premises at any time during normal working hours. The
9department may inspect records required to be maintained by the
10state licensee or registrant as provided in this chapter. If
11the owner or person in charge of the commercial establishment
12refuses admittance, the department may obtain an administrative
13search warrant issued under section 808.14.
142. In addition to the inspection required under section
15162.2A, the department shall inspect the commercial
16establishment of a commercial breeder, dealer, or pet shop
17at least once annually, and upon complaint. The department
18shall prepare and keep a record of an inspection report. The
19inspection report shall include detailed findings, including
20explanation of any noncompliance with the standard of care in
21section 162.10A or any rules adopted pursuant to this chapter,
22and any photographs taken. The department shall maintain such
23inspection reports for three years.
243. If the commercial establishment holds a federal license,
25the department shall report any findings resulting in an
26enforcement action under section 162.10D to the United States
27department of agriculture.
28 Sec. 10. Section 162.11, subsection 1, Code 2018, is amended
29by striking the subsection.
30 Sec. 11. REPEAL. Section 162.10C, Code 2018, is repealed.
31 Sec. 12. EFFECTIVE UPON ENACTMENT. Except as otherwise
32provided in this Act, this Act takes effect upon enactment.
33 Sec. 13. EFFECTIVE DATE. Section 162.10A, subsections 3
34through 5, as enacted in this Act, take effect January 1, 2019.
35EXPLANATION
-9-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill amends provisions in Code chapter 162 that
4authorize the department of agriculture and land stewardship
5(DALS) to regulate certain animals (excluding agricultural
6animals) kept in commercial establishments. Generally,
7commercial establishments must obtain a license or certificate
8of registration.
9STATE LICENSES. The bill addresses several types of
10commercial establishments that have obtained a federal license
11and a state permit in lieu of a state license, including a
12public auction (Code section 162.9A), dealer (Code section
13162.7), and commercial breeder (Code section 162.8). Under the
14bill, a federally licensed commercial establishment must obtain
15a state license. The bill also provides that before approving
16an application for a state license as a commercial breeder,
17dealer, or pet shop, DALS must inspect the premises of the
18applicant’s commercial establishment. If the DALS disapproves
19an application more than once, it is prohibited from accepting
20a new application.
21STANDARD OF CARE. The bill provides new standard of
22care requirements for a commercial breeder of dogs or cats,
23including the construction of their primary enclosures, and
24whether they are housed in an indoor or outdoor environment.
25For an indoor environment, the bill provides ranges for ambient
26air temperature, and for an outdoor environment, it requires
27the use of sheltered structures constructed according to a
28number of specifications and natural or constructed areas where
29the animal is protected from the sun or wind. It also requires
30that the commercial breeder ensure that each dog or cat is
31provided an annual examination by a veterinarian.
32INSPECTIONS. The bill requires DALS to inspect the
33commercial establishment of a commercial breeder, dealer, or
34pet shop at least once annually, and upon complaint. The
35inspection report shall include detailed findings, including
-10-1explanation of any noncompliance with the standard of care in
2Code section 162.10A or any rules adopted pursuant to this
3Code chapter, and any photographs taken. The department
4shall maintain such inspection reports for three years. The
5bill also requires that if the commercial establishment holds
6a federal license, DALS must submit any findings resulting
7in an enforcement action to the United States department of
8agriculture.
9APPLICABLE PENALTIES. DALS is authorized to establish,
10impose, and assess civil penalties for violations of the Code
11chapter’s provisions. The civil penalty is up to $500 per day
12of a violation. For a housing violation, the civil penalty is
13assessed for the first day, but not for the subsequent 15 days
14to allow for correction according to a departmental plan. For
15an unauthorized commercial establishment, the civil penalty is
16up to $1,000 per day of a violation, without a grace period for
17a housing violation (Code section 162.12A).
18CRIMINAL PENALTIES. A person who violates a standard of care
19is guilty of a simple misdemeanor. A person who operates a
20commercial establishment without obtaining an authorization is
21guilty of a simple misdemeanor (Code section 162.13). A simple
22misdemeanor is punishable by confinement for no more than 30
23days or a fine of at least $65 but not more than $625 or by
24both.
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