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

BACKGROUND —— GENERAL.1). The Code chapter is administered and enforced by the department of agriculture and land stewardship (DALS).2B).6); and a dealer, commercial breeder, or public auction may elect to be issued a state license or a permit.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.10A). A commercial establishment must comply with DALS’s 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.10B).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.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’s entry onto the permittee’s commercial establishment. APPLICABLE PENALTIES.12A).10D).