House File 2278 HOUSE FILE BY GREINER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for pathogens threatening animals and crops, and 2 providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5995HH 80 5 da/pj/5 PAG LIN 1 1 Section 1. NEW SECTION. 717A.4 PATHOGENS THREATENING 1 2 ANIMALS AND CROPS == PENALTY. 1 3 1. Except as provided in subsection 2, a person shall not 1 4 possess, transport, or transfer a pathogen which may threaten 1 5 the health of an animal or crop. 1 6 a. For animals, a pathogen restricted under this section 1 7 shall be limited to a biological agent or toxin listed in 9 1 8 C.F.R. } 121.2(b), as that list exists on January 1, 2004. 1 9 b. For crops, a pathogen restricted under this section 1 10 shall be limited to a biological agent or toxin listed in 7 1 11 C.F.R. } 331.3, as that list exists on January 1, 2004. 1 12 2. This section does not apply to a person who possesses, 1 13 transports, or distributes a pathogen in compliance with 1 14 federal law, including but not limited to as provided in 9 1 15 C.F.R. pt. 121 or 7 C.F.R. pt. 331. 1 16 3. A person who violates this section is guilty of a class 1 17 "B" felony. However, a person shall not be prosecuted or 1 18 subjected to a penalty or forfeiture under this section if the 1 19 person is prosecuted by the United States attorney's office 1 20 for a federal offense based on possession, transportation, or 1 21 transfer of the same pathogen. 1 22 EXPLANATION 1 23 This bill amends Code chapter 717A, which prohibits a 1 24 person from destroying property associated with agricultural 1 25 production, including property related to animal agriculture 1 26 and crop production. Code section 717A.2 prohibits a person 1 27 from transmitting a disease to an agricultural animal. 1 28 Code section 717A.1 defines an "animal" as any warm=blooded 1 29 or cold=blooded animal or honeybees. It includes an 1 30 "agricultural animal", which is an animal maintained for its 1 31 parts or products having commercial value or an animal 1 32 belonging to the equine species. The same Code section 1 33 defines "crop" as any plant maintained for its parts or 1 34 products having commercial value, if the plant is produced 1 35 from an agricultural seed or vegetable seed, or is a tree, 2 1 shrub, vine, berry plant, greenhouse plant, or flower. 2 2 The bill makes it a crime to possess, transport, or 2 3 transfer a pathogen which may threaten the health of an animal 2 4 or crop. The pathogens are referenced according to federal 2 5 law (which refers to them as biological agents or toxins). A 2 6 few of the pathogens threatening animal health are African 2 7 horsesickness, African swine fever, bluetongue (exotic), 2 8 classical swine fever, contagious bovine pleuropneumonia, 2 9 foot=and=mouth disease, highly pathogenic avian influenza 2 10 lumpy skin disease, newcastle disease (exotic), peste des 2 11 petits ruminants, rinderpest sheep pox and goat pox, swine 2 12 vesicular disease, and vesicular stomatitis (exotic). The 2 13 pathogens threatening plant health are Liberobacter africanus 2 14 or liberobacter asiaticus, peronosclerospora philippinensis, 2 15 phakopsora pachyrhizi, plum pox potyvirus, ralstonia 2 16 solanacearum race 3, sclerophthora rayssiae var. zeae, 2 17 synchytrium endobioticum, xanthomonas oryzae pv. Oryzicola, 2 18 and xylella fastidiosa (citrus variegated chlorosis strain). 2 19 The bill provides two major qualifications. First, a 2 20 person is not subject to the bill's provisions if the person 2 21 is acting in compliance with federal law. Thus, a diagnostic 2 22 laboratory would be exempt from state law as long as it 2 23 complied with federal reporting requirements under 7 C.F.R. } 2 24 331.4. The bill also prevents a person from being prosecuted 2 25 both under federal law and state law for the same offense. 2 26 A person who is found guilty of an offense under the 2 27 provisions of the bill is guilty of a class "B" felony. A 2 28 class "B" felony is punishable by confinement for no more than 2 29 25 years. 2 30 LSB 5995HH 80 2 31 da/pj/5