Bill > HF2298

Introduced Session

BACKGROUND —— GENERAL. This bill amends Code chapter 162, which authorizes the department of agriculture and land stewardship (DALS) to regulate commercial establishments that possess or control nonagricultural animals (Code section 162.1), including dogs and cats. The types of regulated commercial establishments include animal shelters, boarding kennels, commercial breeders, commercial kennels, dealers, pet shops, pounds, public auctions, and research facilities (Code section 162.2). A commercial establishment operates under one of three types of authorizations: (1) a certificate of registration for a pound, animal shelter, or research facility; (2) a state license for a boarding kennel, commercial kennel, or pet shop; and (3) a state license or a permit for a commercial breeder, dealer, or public auction. A permit is issued to a commercial breeder, dealer, or public auction in lieu of a license if the commercial establishment is federally licensed by the United States department of agriculture pursuant to the federal Animal Welfare Act (see Code section 162.2(5)). BACKGROUND —— STANDARD OF CARE. A commercial establishment must ensure that an animal in its possession or under its control is provided an adequate standard of care, including adequate feed, adequate water, housing facilities, sanitary control, grooming practices affecting the health of the animal, and veterinary care (Code section 162.10A). BACKGROUND —— INSPECTIONS. DALS may inspect a registrant or state licensee by entering onto its business premises and may inspect its records (Code section 162.10B). 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). 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). BACKGROUND —— PENALTIES. A commercial establishment that operates pursuant to an authorization is subject to a civil penalty of not more than $500 for a violation of the Code chapter, regardless of the number of animals possessed or controlled by the commercial establishment (Code section 162.12A). A commercial establishment that does not operate pursuant to an authorization issued or renewed under the Code chapter is subject to a civil penalty of not more than $1,000 for a violation of the Code chapter, regardless of the number of animals possessed or controlled by the commercial establishment. A person who operates a commercial establishment without an authorization issued or renewed by DALS is guilty of a simple misdemeanor and each day of operation is a separate offense (Code section 162.13). A person who violates a standard of care is also guilty of a simple misdemeanor. 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 (Code section 162.13). BILL’S PROVISIONS —— TYPES OF COMMERCIAL ESTABLISHMENTS. Under current law, a commercial breeder is a person who is engaged in the business of breeding more than three male or female dogs or cats. The bill increases that exception to more than six male or female dogs or cats. Under current law, a commercial kennel is a business that performs grooming, boarding, or training services for dogs or cats and a boarding kennel is a commercial establishment that shelters and maintains dogs or cats. The bill eliminates a boarding kennel as a type of commercial establishment subject to regulation. BILL’S PROVISIONS —— OUT-OF-STATE AUTHORIZATIONS. The bill provides that a commercial establishment is no longer able to do business in this state under an authorization issued or renewed by another state. BILL’S PROVISIONS —— INSPECTIONS. The bill provides requirements for regularly scheduled inspections of a commercial establishment that is operated by a registrant or state licensee. DALS is required to establish scheduled inspection tiers based on factors that assess the level of risk that a commercial establishment may violate the standard of care requirements. The bill’s provisions do not limit DALS from conducting an unscheduled inspection as necessary to ensure compliance with the requirements of the Code chapter, including standard of care requirements. DALS must conduct an inspection of a commercial establishment within 24 hours of the time that it makes a determination that there is credible evidence that the commercial establishment has violated a standard of care requirement. BILL’S PROVISIONS —— DISCIPLINARY ACTION. The bill provides that DALS may suspend or revoke a registration or state license issued or renewed to a commercial establishment due to the commercial establishment’s refusal to allow DALS to conduct an inspection or due to the interference of an inspection by a person associated with the commercial establishment. BILL’S PROVISIONS —— CIVIL PENALTIES. The bill provides that a commercial establishment operating under a registration or state license that fails to allow DALS to conduct an inspection or a person associated with the commercial establishment who interferes with the inspection is subject to a civil penalty.

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Samantha Fett (R)*, 

Committee report approving bill, renumbered as HF 2674. (on 02/23/2026)

Official Document