Bill > SF2135

Introduced Session

BACKGROUND —— REGULATION. The federal and state governments regulate the care of animals possessed or controlled by certain commercial establishments. The United States department of agriculture (USDA) provides for such regulation under the federal Animal Welfare Act, 7 U.S.C. ch. 54. In Iowa, the department of agriculture and land stewardship (DALS) regulates animals, other than agricultural animals, that are owned or controlled by commercial establishments (Code chapter 162). A commercial establishment includes nonprofit organizations that temporarily hold animals, research facilities, and various types of businesses that breed, board, or sell animals (Code section 162.2). BACKGROUND —— AUTHORIZATIONS. Each type of commercial establishment must operate under an authorization issued and annually renewed by DALS. A certificate of registration must be issued or renewed to a pound (Code section 162.3), animal shelter (Code section 162.4), or research facility (Code section 162.4A); a state license must be issued or renewed to a pet shop (Code section 162.5), boarding kennel (Code section 162.5A), or commercial kennel (Code section 162.6). A state license must also be issued to a dealer (Code section 162.7), commercial breeder (Code section 162.8), or public auction (Code section 162.9A). However, these three types of commercial establishments may operate under a federal license issued and renewed by USDA, if also issued and renewed a permit by DALS. BACKGROUND —— FEES AND FUND. A commercial establishment must pay a fee to DALS for being issued or renewed an authorization (Code section 162.2B). Moneys collected in fees by DALS are deposited into a commercial establishment fund (fund) (Code section 162.2C). Moneys in the fund are appropriated to DALS for purposes of carrying out the provisions of Code chapter 162. BACKGROUND —— STANDARD OF CARE. A general standard of care applies to all commercial establishments. The commercial establishment must ensure that an animal in its possession or under its control is not lacking adequate feed, adequate water, housing facilities, sanitary control, grooming practices affecting the health of the animal, and veterinary care (Code section 162.10A). A registrant or state licensee must also comply with DALS’s rules adopted to administer and enforce this standard of care. A permittee may meet the standard of care without complying with DALS’s rules. DALS may adopt rules implementing a standard of care for permitted establishments so long as the rules are not more restrictive than the federal Animal Welfare Act. A person who commits animal cruelty under Code chapter 717B fails to meet the standard of care as a matter of law. BACKGROUND —— RECORDKEEPING AND INSPECTIONS. A registrant or state licensee must maintain business records under state law. A permittee may but is not required to maintain business records. DALS may inspect a registrant or state licensee by entering onto its premises and may inspect its records (Code section 162.10B). DALS may monitor a permittee by entering onto its premises for the limited purpose of determining whether the permittee is providing for the required standard of care (Code section 162C.10). 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 USDA. BACKGROUND —— DISCIPLINARY ACTIONS. DALS may take disciplinary action against a commercial establishment by suspending or revoking the commercial establishment’s authorization (Code section 162.10D). DALS may require an owner, operator, or employee of a commercial establishment to complete a continuing education program that is supervised by DALS. Code section 162.12 repeats earlier provisions, including by allowing DALS to deny a certificate of registration or state license based on standard of care. BACKGROUND —— PENALTIES. DALS may establish, impose, and assess a civil penalty for an act committed by a commercial establishment that violates an applicable regulation. For an authorized commercial establishment, the amount of the civil penalty cannot exceed $500 per day of a violation, including failing to comply with the required standard of care. For operating a commercial establishment without an authorization, the civil penalty cannot exceed $1,000 per day of a violation (Code section 162.12A). A person who operates a commercial establishment without an authorization, or a commercial establishment that violates the standard of care, is guilty of a simple misdemeanor (Code section 162.13). A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. The person may be required to relinquish animals to DALS for final disposition. The person may also be subject to criminal penalties under Code chapter 717B for animal neglect, abuse, or torture. BILL’S PROVISIONS —— ELIMINATION OF PERMITS. This bill provides that a commercial breeder, dealer, or public auction must operate under a state license rather than a permit. The commercial breeder, dealer, or public auction is subject to the same regulations as other state licensees, including standard of care, maintenance of records, and inspection requirements. BILL’S PROVISIONS —— ELIMINATION OF DUPLICATIVE PROVISION. The bill eliminates a regulation governing disciplinary action included in other provisions (Code section 162.12). BILL’S PROVISIONS —— INSPECTION REQUIREMENTS AND FEES. The bill requires DALS to inspect each commercial establishment at least once during its annual authorization period. If DALS inspects a commercial establishment more than once during that period, the commercial establishment must pay DALS a reinspection fee equal to $150 plus the cost of mileage (Code section 162.2B). The moneys are deposited into the fund (Code section 162.2C). BILL’S PROVISIONS —— INCREASE IN CIVIL PENALTIES. The bill doubles the maximum amount of a civil penalty that may be imposed for violating a regulation by a commercial establishment operating under an issued or renewed authorization, not to exceed $1,000. The bill also doubles the maximum amount of a civil penalty that may be imposed for operating without an authorization, not to exceed $2,000.

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Janet Petersen (D)*, 

Subcommittee: Driscoll, Green, and Zimmer. (on 02/07/2026)

Official Document