Providing for the regulation of commercial establishments possessing or controlling animals other than agricultural animals, providing fees, making appropriations, providing penalties, and making penalties applicable

BACKGROUND —— REGULATION. The federal and state governments regulate the care of animals possessed or controlled by certain commercial establishments. 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).2). BACKGROUND —— AUTHORIZATIONS. Each type of commercial establishment must operate under an authorization issued and annually renewed by DALS.6).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.2B).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.10A). A registrant or state licensee must also comply with DALS’ rules adopted to administer and enforce this standard of care. A permittee may meet the standard of care without complying with DALS’ 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.10B).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.10D). DALS may require that an owner, operator, or employee of a commercial establishment complete a continuing education program which is supervised by DALS.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 which 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.12A).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.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.2B).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.