Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 67 - Animal Welfare › Rule 21-67.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Acclimated"
means the animal is accustomed to
				a climate or environment and has the ability to maintain its body
				temperature.
"Adequate feed"
means the provision at
				suitable intervals of not more than 24 hours or longer if the dietary
				requirements of the species so require, of a quantity of wholesome foodstuff
				suitable for the species and age, sufficient to maintain a reasonable level of
				nutrition in each animal. The foodstuff shall be served in a clean receptacle,
				dish or container.
"Adequate space"
means the animals contained
				within the primary enclosure all must have the ability to comfortably turn
				about, stand erect, sit or lie with limbs fully extended.
"Adequate water"
means reasonable access to a
				supply of clean, fresh, potable water provided in a sanitary manner or provided
				at suitable intervals for the species and not to exceed 24 hours at any
				interval.
"Animal shelter"
means a facility which is
				used to house or contain dogs or cats, or both, and which is owned, operated,
				or maintained by an incorporated humane society, animal welfare society,
				society for the prevention of cruelty to animals, or other nonprofit
				organization devoted to the welfare, protection, and humane treatment of such
				animals.
"Animal warden"
means any person employed,
				contracted, or appointed by the state, municipal corporation, or any political
				subdivision of the state, for the purpose of aiding in the enforcement of the
				provisions of Iowa Code chapter 162 or any other law or ordinance relating to
				the licensing of animals, control of animals or seizure and impoundment of
				animals and includes any peace officer, animal control officer, or other
				employee whose duties in whole or in part include assignments which involve the
				seizure or taking into custody of any animal.
"Animal Welfare Act"
means the federal Animal
				Welfare Act, 7 U.S.C. Ch. 54, and regulations promulgated by the United States
				Department of Agriculture and published in 9 C.F.R. Ch. 1.
"Authorization"
means a state license,
				certificate of registration, or permit issued or renewed by the department to a
				commercial establishment as provided in Iowa Code section
				162.2A.
"Boarding kennel"
means a place or
				establishment other than a pound or animal shelter where dogs or cats not owned
				by the proprietor are sheltered, fed, and watered in return for a
				consideration.
"Breeding male or female"
means any sexually
				intact adult dog or cat over 12 months of age.
"Cleaning"
means the mechanical removal of
				organic matter and waste through the application of soap, detergent or other
				cleaning agent followed by the rinsing of all surfaces with clean water.
"Commercial breeder"
means a person, engaged
				in the business of breeding dogs or cats, who sells, exchanges, or leases dogs
				or cats in return for consideration, or who offers to do so, whether or not the
				animals are raised, trained, groomed, or boarded by the person. A person who
				owns or harbors three or fewer breeding males or females is not a commercial
				breeder. However, a person who breeds any number of breeding male or female
				greyhounds for the purposes of using them for pari-mutuel wagering at a
				racetrack as provided in Iowa Code chapter 99D shall be considered a commercial
				breeder irrespective of whether the person sells, leases, or exchanges the
				greyhounds for consideration or offers to do so.
"Commercial establishment"
or
"establishment"
means an animal shelter, boarding kennel,
				commercial breeder, commercial kennel, dealer, pet shop, pound, public auction,
				or research facility.
"Commercial kennel"
means a kennel which
				performs grooming, boarding, or training services for dogs or cats in return
				for a consideration.
"Commingle"
means to combine animals from
				different owners in a common area or enclosure.
"Common area"
means any area where dogs are
				commingled for exercise or social interaction.
"Dealer"
means any person who is engaged in
				the business of buying for resale or selling or exchanging dogs or cats, or
				both, as a principal or agent, or who claims to be so engaged.
"Department"
means the department of
				agriculture and land stewardship.
"Direct and immediate visual supervision"
means a person providing visual supervision is located on the premises and
				within the line of sight of the animal and is available to provide immediate
				attention to the animals within the group.
"Distemper"
means canine distemper virus or
				feline panleukopenia virus.
"Dog day care"
means a facility licensed as a
				commercial kennel or a boarding kennel and designed and operated with the
				intention that a dog admitted to the facility is allowed, in compliance with
				this chapter, to mingle and interact with other dogs in one or more playgroups
				operating in the facility.
"Euthanasia"
means the humane destruction of
				an animal accomplished by a method that involves instantaneous unconsciousness
				and immediate death or by a method that involves anesthesia, produced by an
				agent which causes painless loss of consciousness, and death during the loss of
				consciousness.
"Facility"
means all buildings, yards, pens
				and other areas, or any portion thereof, at a single location in which any
				animal is kept, handled, or transported for the purpose of adoption, breeding,
				boarding, grooming, handling, selling, sheltering, trading, rescuing or
				otherwise transferring.
"Federal license"
means a license issued by
				the United States Department of Agriculture to a person classified as a dealer
				or exhibitor pursuant to the federal Animal Welfare Act.
"Federal licensee"
means a person to whom a
				federal license as a dealer or exhibitor is issued.
"Foster care home"
means a private residence
				that is authorized to provide temporary shelter and care for an animal that has
				been accepted by a foster oversight organization.
"Foster oversight organization"
means a
				registered animal shelter or pound or licensed dealer which has been authorized
				by the department to utilize foster care homes in its operation.
"Group housing"
means more than two animals
				housed together within the same primary enclosure.
"Housing facilities"
means any room, building,
				or area used to contain a primary enclosure or enclosures.
"Identification"
means breed, color, markings,
				sex, and age of the dog or cat. If applicable, identification can also include
				a microchip number, rabies tag number, tattoo, or other similar form of
				identification.
"In-home facility"
means an individual
				required to be licensed as a boarding kennel, commercial breeder, commercial
				kennel, or dealer who maintains or harbors animals within the individual's
				residence.
"Isolation"
means the separation, for the
				period of communicability, of infected animals from other animals in such a
				place and under such conditions to prevent the direct or indirect transmission
				of the infectious agent from those infected to those that are susceptible or
				that may spread the agent to others.
"Isolation facility"
means the location where
				animals infected with disease may be placed to contain, control and limit the
				spread of disease.
"Kennel"
means a facility, location, or area
				where dogs or cats are brought together or commingled for the purpose of, but
				not limited to, boarding, grooming, or training.
"Licensee"
means any person or facility
				authorized to operate pursuant to Iowa Code chapter 162.
"Parvo"
means canine parvovirus or feline
				panleukopenia virus.
"Permittee"
means a commercial breeder,
				dealer, or public auction to whom a permit is issued by the department as a
				federal licensee pursuant to Iowa Code section
				162.2A.
"Person"
means person as defined in Iowa Code
				chapter 4.
"Pet shop"
means an establishment where a dog,
				cat, rabbit, rodent, nonhuman primate, fish other than live bait, bird, or
				other vertebrate animal is bought, sold, exchanged, or offered for sale.
				However, a pet shop does not include an establishment if one of the following
				applies:
1. The establishment receives less than $500 from the sale or
				exchange of vertebrate animals during a 12-month period.
2. The establishment sells or exchanges less than six animals
				during a 12-month period.
"Potable water"
means liquid water suitable
				for drinking.
"Pound"
means a facility for the prevention of
				cruelty to animals operated by the state, a municipal corporation, or other
				political subdivision of the state for the purpose of impounding or harboring
				seized stray, homeless, abandoned, or unwanted dogs, cats, or other animals; or
				a facility operated for such a purpose under a contract with any municipal
				corporation or incorporated society.
"Primary enclosure"
means any structure used
				to immediately restrict an animal to a limited amount of space, such as a room,
				pen, cage, or compartment.
"Public auction"
means any place or location
				where dogs or cats, or both, are sold at auction to the highest bidder
				regardless of whether the dogs or cats are offered as individuals, as a group,
				or by weight.
"Registrant"
means a pound, animal shelter, or
				research facility to whom a certificate of registration is issued by the
				department pursuant to Iowa Code section
				162.2A.
"Rescue"
means a person or group of persons,
				licensed as a dealer, who holds itself out as an animal rescue, or who accepts,
				purchases, exchanges or solicits for dogs or cats with the intention of finding
				permanent adoptive homes or providing lifelong care for such dogs and cats or
				who uses foster homes as a primary means of housing dogs or cats.
"Rescue manager"
means any person designated
				by a rescue to carry out the responsibilities of the rescue.
"Research facility"
means any school or
				college of medicine, veterinary medicine, pharmacy, dentistry, or osteopathic
				medicine, or hospital, diagnostic or research laboratories, or other
				educational or scientific establishment situated in this state concerned with
				the investigation of, or instruction concerning the structure or function of
				living organisms, the cause, prevention, control or cure of diseases or
				abnormal conditions of human beings or animals.
"Residence"
means any area or space where a
				person lives or resides.
"Sanitize"
means to disinfect inanimate
				objects to eliminate as many or all pathogenic microorganisms, except bacterial
				spores.
"Seizure and impoundment,"
as used in this
				chapter, means either of the following:
1. The confinement of the animals to the property of the owner
				or custodian of the animals with provisions being made for the care of the
				animals pending review and final disposition.
2. The physical removal of the animals to another facility for
				care pending review and final disposition.
"State fiscal year"
means the fiscal year
				described in Iowa Code section
				3.12.
"State licensee"
means any of the
				following:
1. A boarding kennel, commercial kennel, or pet shop to whom a
				state license is issued by the department pursuant to Iowa Code section
				162.2A.
2. A commercial breeder, dealer, or public auction to whom a
				state license is issued in lieu of a permit by the department pursuant to Iowa
				Code section
				162.2A.
"Transfer"
means to adopt, sell, give away,
				trade, barter, exchange, return or convey ownership of an animal.
"Vertebrate animal"
means those vertebrate
				animals other than members of the equine, bovine, ovine, and porcine species,
				and ostriches, rheas, or emus.
"Veterinarian"
means a person who is validly
				and currently licensed to practice veterinary medicine in the state of
				Iowa.