ARC 0635D

ARC 0635D

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Notice of Intended Action

Proposing rulemaking related to hatcheries and chick dealers
and providing an opportunity for public comment

    The Agriculture and Land Stewardship Department hereby proposes to rescind Chapter 60, “Poultry,” and to adopt a new Chapter 60, “Hatcheries and Chick Dealers,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code section 163.2A.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapters 159, 163, 168 and 197 and 9 CFR Part 145.

Purpose and Summary

    This proposed rulemaking rescinds and replaces Chapter 60, renamed “Hatcheries and Chick Dealers,” to modernize references, clarify licensing requirements, and eliminate provisions that duplicate the Iowa Code. This proposed rulemaking incorporates federal poultry disease-control standards dated September 30, 2025, and distinguishes licensing requirements for hatcheries from those for chick dealers, including retaining poultry improvement plan compliance documentation for hatchery applicants while removing that separate submission requirement for dealers. This proposed rulemaking also updates turkey disease-control provisions and aligns respiratory disease reporting with rule 21—64.1(163), which is part of a concurrent rulemaking published herein (ARC 0638D, IAB 9/30/26). Poultry exhibition requirements are relocated to 21—Chapter 59, which is in a concurrent rulemaking published herein (ARC 0634D, IAB 9/30/26), to consolidate exhibition rules in one chapter. These changes improve clarity and organization while retaining core disease-control, sanitation, labeling, and licensing requirements.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on July 8, 2026. A public hearing was held on the following date(s):

     ?   July 29, 2026

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 7—Chapter 2504.

Public Comment

     Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on October 20, 2026. Comments should be directed to:

Public Hearing

     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rulemaking may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 21—Chapter 60 and adopt the following new chapter in lieu thereof:

CHAPTER 60

HATCHERIES AND CHICK DEALERS

21—60.1(168) Chickens, turkeys, domestic waterfowl, and domestic game birds.

    60.1(1) For the purpose of assisting the state of Iowa in maintaining its pullorum-typhoid free status, the secretary adopts the provisions of 9 CFR §145.23(b)(3)(i) through (vii), §145.33(b)(3)(i) through (vii), §145.43(b)(3)(i) through (vi), §145.53(b)(3)(i) through (vii), §145.73(b)(2)(i),  §145.83(b)(2)(i), §145.93(b)(3)(i) through (vii), and §145.103(b)(3)(i) through (ix) dated September 30, 2025.

    60.1(2) All hatching eggs, baby chicks or started pullets must originate from flocks or hatcheries that are pullorum-typhoid clean as defined by 9 CFR §145.23 dated September 30, 2025.

    60.1(3) All boxes, crates, coops or other containers shall be new or disinfected before being used to move poultry within the state of Iowa. Each such box, crate, coop or other container that is attached to a customer lot shall be plainly labeled by identifying the customer lot thereof with a label to be supplied by the National Poultry Improvement Plan (NPIP)-recognized official state contact agency. The label shall contain the name of the seller and a description of the contents as specified in Iowa Code section 168.5(4).

21—60.2(168) License for hatcheries and dealers of baby chicks or domestic fowl.

    60.2(1) License for hatcheries. In order to qualify for the license to engage in the business of custom hatching or producing baby chicks and other baby domestic fowl under six weeks of age for sale within this state, the applicant shall comply with the following requirements:

    a.  An application for a license shall be accompanied by the required license fee.

    b.  All hatchery applicants shall assist the state in maintaining its pullorum-typhoid free status by accompanying license application with evidence or affidavit indicating compliance with regulations of 9 CFR Part 145 dated September 30, 2025.

    60.2(2) License for dealers of baby chicks and domestic fowl. In order to qualify for the license to engage in the business of offering baby chicks and domestic fowl for sale or selling them within this state, the applicant shall comply with the following requirement: an application for a license shall be accompanied by the required license fee.

    60.2(3) Prior to issuing the license, the department of agriculture and land stewardship may inspect the applicant’s business establishment. All the requirements of Iowa Code section 168.5 shall be complied with.

21—60.3(163) Turkeys. All turkey-hatching eggs or turkey poults must originate from flocks or hatcheries that comply with the following requirements of the department.

    60.3(1) For the purpose of assisting the state of Iowa in maintaining its U.S. mycoplasma gallisepticum clean state status, the secretary adopts the provisions of 9 CFR §145.44(c), §145.14(b) and §145.43(c) dated September 30, 2025.

    60.3(2) All eggs used for hatching shall be identified by the flock owner as to the flock of origin.

    60.3(3) Flock and hatchery owners shall report any signs of respiratory disease listed in rule 21—64.1(163) to the department.

These rules are intended to implement Iowa Code sections 159.1, 163.1, 168.2, 168.5, 168.6, 168.7, and 197.1.