162.10A Commercial establishments — standard of care.
1. a. A commercial establishment shall provide for a standard of care that ensures that an animal in its possession or under its control is not lacking any of the following:
(1) Adequate feed, adequate water, housing facilities, sanitary control, or grooming practices, if such lack causes adverse health or suffering.
(2) Veterinary care.
b. A commercial establishment, other than a research facility or pet shop, shall provide for the standard of care for dogs and cats in its possession or under its control, and a research facility or pet shop shall provide for the standard of care for vertebrate animals in its possession or under its control.
2. a. Except as provided in paragraph “b” or “c”, a commercial establishment shall comply with rules that the department adopts to implement subsection 1. A commercial establishment shall be regulated under this paragraph “a” unless the person is a state licensee as provided in paragraph “b” or a permittee as provided in paragraph “c”.
b. A state licensee who is a commercial breeder owning, breeding, transporting, or keeping a greyhound dog for pari-mutuel wagering at a racetrack as provided in chapter 99D may be required to comply with different rules adopted by the department.
c. A permittee is not required to comply with rules that the department adopts to implement a standard of care as provided in subsection 1 for state licensees and registrants. The department may adopt rules regulating a standard of care for a permittee, so long as the rules are not more restrictive than required for a permittee under the Animal Welfare Act. However, the department may adopt prescriptive rules relating to the standard of care. Regardless of whether the department adopts such rules, a permittee meets the standard of care required in subsection 1 if it voluntarily complies with rules applicable to state licensees or registrants. A finding by the United States department of agriculture that a permittee complies with the Animal Welfare Act is not conclusive when determining that the permittee provides a standard of care required in subsection 1.
3. A commercial establishment fails to provide for a standard of care as provided in subsection 1 if the commercial establishment commits abuse as described in section 717B.2, neglect as described in section 717B.3, or torture as provided in section 717B.3A.
2010 Acts, ch 1030, §15, 29
Referred to in §162.10C, 162.11, 162.12A, 162.13, 717B.2, 717B.3, 717B.3A
Structure Iowa Code
Chapter 162 - CARE OF ANIMALS IN COMMERCIAL ESTABLISHMENTS
Section 162.1 - Purpose and scope.
Section 162.2A - Application, issuance, and renewal of authorizations.
Section 162.2C - Commercial establishment fund.
Section 162.3 - Operation of a pound — certificate of registration.
Section 162.4 - Operation of an animal shelter — certificate of registration.
Section 162.4A - Operation of a research facility — certificate of registration.
Section 162.5 - Operation of a pet shop — state license.
Section 162.5A - Operation of a boarding kennel— state license.
Section 162.6 - Operation of a commercial kennel — state license.
Section 162.7 - Operation of a dealer — state license or permit.
Section 162.8 - Operation of a commercial breeder — state license or permit.
Section 162.9 - Boarding kennel operator’s license.
Section 162.9A - Operation of a public auction— state license or permit.
Section 162.10 - Research facility registration.
Section 162.10A - Commercial establishments — standard of care.
Section 162.10B - Commercial establishments — inspecting state licensees and registrants.
Section 162.10C - Commercial establishments — monitoring permittees.
Section 162.10D - Commercial establishments — disciplinary actions.
Section 162.12 - Denial or revocation of license or registration.
Section 162.12A - Civil penalties.
Section 162.13 - Criminal penalties — confiscation.
Section 162.14 - Custody by animal warden.
Section 162.15 - Violation by animal warden.