The Iowa Legislature > Publications > Search Legislative Documents > Search Result Print Icon Print
Main Search Advanced Search Topic Search Tools Disclaimer

Iowa Code

Affected Bills

Additional Formats

    CHAPTER 166DPSEUDORABIES CONTROLReferred to in 163.2, 163.30, 163.61
    166D.1Purpose — rules.
    166D.2Definitions.
    166D.3State pseudorabies advisory committee. Repealed by 2020 Acts, ch 1036, §13, 16.
    166D.3ADepartmental determination of pseudorabies prevalence.
    166D.4and 166D.5 Repealed by Acts, ch , §.
    166D.6Reporting of test results.
    166D.7Noninfected herds.
    166D.8Infected herds.
    166D.9Quarantined herds.
    166D.10Movement of swine.
    166D.10ARestricted movement — requirements.
    166D.10BApproved premises.
    166D.11Vaccination and testing requirements.
    166D.12Concentration points.
    166D.13Exhibition of swine.
    166D.14Pseudorabies immunization products.
    166D.15Tracing pseudorabies to source or destination herds.
    166D.16Enforcement — penalty — certificates.
    166D.1Purpose — rules.This chapter provides for measures to control the transmission and incidence, and for the eventual eradication, of pseudorabies among swine within this state. The department shall adopt rules to carry out the provisions of this chapter.1989 Acts, ch 280, §1Referred to in 166D.10166D.2Definitions.As used in this chapter, unless the context otherwise requires:1.  “Approved premises” means a dry lot facility located in an area with confirmed cases of pseudorabies infection, which is certified by the department to receive, feed, and move or relocate infected swine as provided in section 166D.10B.2.  “Approved premises permit” means a permit issued by the department necessary for a person to own and operate an approved premises.3.  “Breeding swine” means swine over six months of age.4.  “Certificate of inspection” means a document approved by the United States department of agriculture or the department of agriculture and land stewardship, and issued by a licensed veterinarian prior to the interstate or intrastate movement of swine or to the relocation of swine. The certificate of inspection must state all of the following:a.  The number, description, and identification of the swine to be moved.b.  Whether the swine to be moved are known to be infected with or exposed to pseudorabies.c.  The farm of origin.d.  The purpose for moving the swine.e.  The point of destination of the swine.f.  The consignor and each consignee of the swine.g.  Additional information as required by state or federal law.5.  “Certificate of veterinary inspection” means the same as defined in section 163.2.6.  “Cleanup plan” means a herd cleanup plan or feeder pig cooperator herd cleanup plan as provided in section 166D.8.7.  “Concentration point” means a location or facility where swine are assembled for purposes of sale or resale for feeding, breeding, or slaughtering, and where contact may occur between groups of swine from various sources. “Concentration point” includes a public stockyard, auction market, street market, state or federal market, untested consignment sales location, buying station, or a livestock dealer’s yard, truck, or facility.8.  “Cull swine” means mature swine fed for purposes of direct slaughter. However, “cull swine” does not include swine kept for purposes of breeding or reproduction.9.  “Differentiable test” means a laboratory procedure approved by the department to diagnose pseudorabies. The procedure must be capable of recognizing and distinguishing between vaccine-exposed and field-pseudorabies-virus-exposed swine.10.  “Differentiable vaccinate” means a swine which has only been exposed to a differentiable vaccine.11.  “Differentiable vaccine” means a vaccine which has a licensed companion differentiable test, and includes a modified-live differentiable vaccine.12.  “Direct movement” means movement of swine to a destination without unloading the swine en route, without contact with swine of lesser pseudorabies vaccinate status, and without contact with infected or exposed livestock.13.  “Epidemiologist” means a state or federal veterinarian designated to investigate and diagnose suspected pseudorabies in livestock. The epidemiologist must have had special training in the diagnosis and epidemiology of pseudorabies.14.  “Exhibition” means the same as defined in section 163.32.15.  “Exposed” means an animal that has not been kept separate and apart or isolated from livestock infected with pseudorabies, including all swine in a known infected herd.16.  “Exposed livestock” means livestock that have been in contact with livestock infected with pseudorabies, including all livestock in a known infected herd. However, livestock other than swine that have not been exposed to a clinical case of the disease for a period of ten consecutive days shall not be considered exposed livestock. Swine released from quarantine are no longer considered exposed.17.  “Farm of origin” means a location where the swine were born, or on which the swine have been located for at least ninety consecutive days immediately prior to movement.18.  “Feeder pig” means an immature swine fed for purposes of direct slaughter which weighs one hundred pounds or less.19.  “Feeder pig cooperator herd” means a swine herd not currently determined to be pseudorabies negative, that has not experienced clinical signs of pseudorabies in the last six months, that is capable of segregating offspring at weaning into separate and apart production facilities, and has implemented an approved pseudorabies eradication plan.20.  “Feeder swine” means swine fed for purposes of direct slaughter, including feeder pigs and cull swine. However, “feeder swine” does not include swine kept for purposes of breeding or reproduction.21.  “Fixed concentration point” means a concentration point which is a permanent location where swine are assembled for purposes of sale and movement to a slaughtering establishment as provided in section 166D.12.22.  “Herd” means a group of swine as established by departmental rule.23.  “Herd cleanup plan” means a plan to eliminate pseudorabies from a swine herd. The plan must be developed by an epidemiologist in consultation with the herd owner and the owner’s veterinary practitioner. The plan must be approved and signed by the epidemiologist, the owner, and the practitioner. The plan must be approved and filed with the department.24.  “Herd of unknown status” means all swine except swine which are part of a known infected herd, swine known to have been exposed to pseudorabies, or swine which are part of a noninfected herd.25.  “Infected” means infected with pseudorabies as determined by an epidemiologist whose diagnosis is supported by test results.26.  “Infected herd” means a herd that is known to contain infected swine, a herd containing swine exhibiting clinical signs of pseudorabies, or a herd that is infected according to an epidemiologist.27.  “Inspection service” means the animal and plant health inspection service, United States department of agriculture.28.  “Isolation” means separation of swine within a physical barrier in a manner to prevent swine from gaining access to swine outside the barrier, including excrement or discharges from swine outside the barrier. Swine in isolation must not share a building with a ventilation system common to other swine. Swine in isolation must not be maintained within ten feet of other swine.29.  “Isowean feeder pig” means a feeder pig that weighs twenty pounds or less.30.  “Known infected herd” means a herd in which swine have been determined by an epidemiologist to be infected.31.  “Licensed pseudorabies vaccine” means a pseudorabies virus vaccine produced under license from the United States secretary of agriculture under the federal Virus-Serum-Toxin Act of March 4, 1913, 21 U.S.C. §151 et seq.32.  “Livestock” means swine, cattle, sheep, goats, horses, ostriches, rheas, or emus.33.  “Monitored herd” means a herd of swine, including a feeder swine herd, which has been determined within the past twelve months not to be infected, according to a statistical sampling.34.  “Move” or “movement” means the same as defined in section 163.30.35.  “Noninfected herd” means a herd which is one of the following:a.  A qualified pseudorabies negative herd.b.  A pseudorabies monitored herd.c.  A herd in which the animals have been individually tested negative within the past thirty days.d.  A herd which originates from an area with little or no incidence of pseudorabies as determined by the department based upon epidemiological studies and information relating to the area.e.  A qualified differentiable negative herd.36.  “Nonvaccinate” means a swine which has not been exposed to a pseudorabies vaccine.37.  “Pseudorabies” means the contagious, infectious, and communicable disease of livestock and other animals known as Aujeszky’s disease, mad itch, or infectious bulbar paralysis.38.  “Pseudorabies eradication plan” means a written herd management program which is based on accepted statistical and epidemiological evaluation and designed to eradicate pseudorabies from the swine herds in a given area.39.  “Qualified differentiable negative herd” means a herd in which one hundred percent of the herd’s breeding swine have been vaccinated and have reacted negatively to a differentiable test and which have been retested, as provided in this chapter.40.  “Qualified negative herd” means a herd in which one hundred percent of the herd’s breeding swine have reacted negatively to a test, and have not been vaccinated, and which is retested as provided in this chapter.41.  “Quarantined herd” means a herd in which pseudorabies infected or exposed swine are bred, reared, or fed under the supervision and control of the department, as provided in section 166D.9.42.  “Reaction” means a result determined by an approved laboratory procedure designed to recognize pseudorabies virus infection or a nondifferentiable vaccinated animal.43.  “Relocate” or “relocation” means the same as defined in section 163.30.44.  “Relocation record” means a record as maintained by the owner of swine in a form and containing information as required by the rules adopted by the department, which indicates a relocation of swine as provided in section 166D.10.45.  “Restricted movement” means swine which are moved or relocated as provided in section 166D.10A.46.  “Separate and apart” means to hold swine so that neither the swine nor organic material originating from the swine has physical contact with other animals.47.  “Slaughtering establishment” means a slaughtering establishment operated under the provision of the federal Meat Inspection Act, 21 U.S.C. §601 et seq., or a slaughtering establishment which has been inspected by the state.48.  “Stage II county” means a county designated by the department as in stage II of the national pseudorabies eradication program.49.  “Statistical sampling” means a test based on at least a ninety percent probability of detecting at least a ten percent incidence of positive reaction within a herd.50.  “Test” means a serum neutralization (SN) test, virus isolation test, ELISA test, or other test approved by the department and performed by a laboratory approved by the department.51.  “Transportation certificate” means a written document evidencing that the movement or relocation of swine complies with the requirements of this chapter, and which may be a transportation certificate as provided in chapter 172B, or another document approved by the department, including but not limited to one or more types of forms covering different circumstances, as prescribed by the department.89 Acts, ch 280, §2, 90 Acts, ch 1091, §1 – 3, 92 Acts, ch 1163, §42, 95 Acts, ch 43, §5, 97 Acts, ch 183, §2 – 6, 13, 2000 Acts, ch 1110, §1 – 4, 25, 2001 Acts, ch 24, §34, 2004 Acts, ch 1163, §26, 2010 Acts, ch 1061, §37, 2011 Acts, ch 84, §3, 5, 2019 Acts, ch 59, §56
    Further definitions, see §159.1
    166D.3State pseudorabies advisory committee.Repealed by 2020 Acts, ch 1036, §13, 16.166D.3ADepartmental determination of pseudorabies prevalence.The department shall periodically determine the prevalence of pseudorabies in each county in a manner and according to procedures established by rules adopted by the department.1997 Acts, ch 183, §7,13166D.4 and 166D.5 166D.6Reporting of test results.1.  All tests under this chapter must be taken by a test administered by a licensed veterinarian. Test samples are to be collected by or under the direction of the department and a licensed veterinarian. If the test is determined by a laboratory located outside the state of Iowa, the person whose animal has been tested shall be responsible for assuring that the result is reported to the department within fourteen days following completion of the test. Swine sampled shall be identified with a numbered metal ear tag. The department shall make the ear tags available. Ear notches or other numbered identification methods approved by the department may be used at the herd owner’s expense.2.  Test results shall be reported on forms prescribed by the department signed by the veterinarian and transmitted to the department within fourteen days following completion of the tests. Copies shall be made available to the attending veterinarian. Upon receipt, the attending veterinarian shall provide copies to the herd owner.1989 Acts, ch 280, §6166D.7Noninfected herds.In administering the pseudorabies eradication program, the department shall regulate noninfected herds as follows:1.  A qualified negative herd must be certified, recertified, and maintained as follows:a.  The herd shall be certified when all breeding swine have reacted negatively to a test. The herd must have been free from infection for thirty days prior to testing. At least ninety percent of swine in the herd must have been on the premises as a part of the herd for at least sixty days prior to testing, or swine in the herd must have been moved or relocated directly from another qualified negative herd. To remain certified, the herd must be retested and recertified each month as provided by the department. The herd shall be recertified when the greater of five head of swine or at least ten percent of the herd’s breeding swine react negatively to a test.b.  Before being added to the herd, new swine, including swine returning to the herd after contact with nonherd swine, shall be isolated until the new swine react negatively to a test conducted thirty days or more after the swine has been placed in isolation. Swine from a herd of unknown status must react negatively to a test not more than thirty days prior to movement from the herd of unknown status and retested in isolation at least thirty days after movement onto the premises where the qualified negative herd is located.c.  Swine from another qualified negative herd may be added without isolation or testing.d.  The owner shall make a request to the department for approval or reapproval of a qualified negative herd when the required tests are completed. Upon satisfactory proof that all requirements have been met, the herd shall be recertified by the department.2.  A monitored herd shall be initially certified, recertified, and maintained as follows:a.  The herd shall be certified when a statistical sampling of the herd is determined to be noninfected.b.  In order to remain certified the herd must be retested and recertified as provided by the department. The herd must be recertified annually. The herd shall be recertified when a statistical sampling of the herd is determined to be noninfected within twelve months from initial certification or the most recent recertification.c.  A monitored herd shall not be certified or recertified, if the herd is located within a county which is designated by the department as in stage II of the national pseudorabies eradication program, unless the herd is vaccinated with a modified-live differentiable vaccine pursuant to section 166D.11 and as required by the department.d.  A monitored herd may receive new swine into the herd from a noninfected herd.3.  A qualified differentiable negative herd shall be certified, recertified, and maintained as follows:a.  The herd shall be certified when one hundred percent of breeding swine have reacted negatively to a test. The herd must have been free from infection for thirty days prior to testing. At least ninety percent of swine in the herd must have been on the premises as a part of the herd for at least sixty days prior to testing, or swine in the herd must have been directly moved or relocated from a qualified negative herd or qualified differentiable negative herd. A differentiable vaccine must be administered at intervals in accordance with the package insert for that vaccine. To remain certified, the herd must be retested and recertified as provided by the department. The herd shall be recertified when each month at least ten percent of the herd’s breeding swine react negatively to a test.b.  Before adding to the herd new swine, including swine returning to the herd after contact with nonherd swine, the herd shall be isolated until the new swine react negatively to a test conducted thirty days or more after the swine have been placed in isolation. Swine from a herd of unknown status must react negatively to a test not more than fifteen days prior to movement from the herd of unknown status and retested in isolation at least thirty days after movement onto the premises where the qualified differentiable negative herd is located.c.  Swine from a qualified negative or qualified differentiable negative herd may be added without isolation or testing.d.  The owner shall make a request to the department for certification or recertification of a qualified differentiable negative herd when the required tests are completed. Upon satisfactory proof that all requirements have been met, the herd shall be recertified by the department.89 Acts, ch 280, §7, 90 Acts, ch 1091, §5, 98 Acts, ch 1056, §4, 2000 Acts, ch 1110, §7 – 10, 25, 2000 Acts, ch 1232, §24, 39, 2002 Acts, ch 1119, §140, 2009 Acts, ch 133, §205, 2018 Acts, ch 1026, §62Referred to in 166D.10166D.8Infected herds.An infected herd which is not quarantined under section 166D.9, shall either adopt a herd cleanup plan or a feeder pig cooperator herd cleanup plan.1.a.  A herd cleanup plan shall apply to a herd if feeder pigs are not moved from the herd. The plan shall provide for one of the following:(1)  The testing of all swine capable of being accurately diagnosed with pseudorabies and the removal of infected swine from the herd.(2)  Depopulation.b.  A herd cleanup plan must be implemented as follows:(1)  If the plan provides for the testing and removal of swine, all breeding swine must be tested with a differentiable test and react negatively to the test within fifteen days after the herd is classified by the department as infected. All breeding swine reacting positively to the test must be removed as provided in this section. At least thirty days after removal of the breeding swine reacting positively, all remaining breeding swine must be tested and react negatively to the test. Subsequent testing and removal must be conducted as provided in this subparagraph until all breeding swine react negatively. When all breeding swine are tested and react negatively to the test, the department shall classify the herd as a noninfected herd.(2)  The herd cleanup plan may provide for the relocation of feeder pigs or cull swine. If the plan provides for the relocation of feeder pigs, the plan must provide for the segregation of feeder pigs and identify in writing the approved premises where feeder pigs or cull swine may be relocated upon approval by the department.2.a.  A feeder pig cooperator herd cleanup plan shall apply to a herd if feeder pigs are moved from the herd. The plan shall include all the requirements for a herd cleanup plan. In order to be subject to a feeder pig cooperator herd cleanup plan all of the following conditions must be satisfied:(1)  There must have been no clinical signs of pseudorabies during the past thirty days.(2)  The production operation must be capable of segregating offspring at weaning into facilities separate and apart from the remainder of the herd.b.  The feeder pig cooperator herd cleanup plan may provide for the movement or relocation of feeder pigs or cull swine. If the feeder pig cooperator herd cleanup plan provides for the movement or relocation of feeder pigs or cull swine, the plan must identify in writing the approved premises where the feeder pigs or cull swine may be moved or relocated as provided in section 166D.10B.3.  Costs of testing and vaccination may be paid as provided in section 166D.11.4.  An infected herd not subject to a cleanup plan shall be quarantined within fifteen days of becoming a known infected herd. An infected herd which is not subject to a cleanup plan is a quarantined herd.5.  Swine which are part of a herd subject to a cleanup plan shall only be moved or relocated as required pursuant to section 166D.10. If the location where the herd is kept is an approved premises as provided in section 166D.10B, the cleanup plan shall include terms and conditions for being certified as an approved premises.1989 Acts, ch 280, §8; 1998 Acts, ch 1056, §5,6; 2000 Acts, ch 1110, §11,25Referred to in 166D.2, 166D.10, 166D.10B166D.9Quarantined herds.1.  Swine which are part of a quarantined herd shall only be moved by restricted movement in accordance with section 166D.10A.2.  A herd shall be released from quarantine when no animal, including livestock, on the premises shows clinical symptoms of pseudorabies. In addition one of the following must occur:a.  The swine have been removed from the premises, and the premises have been cleaned and disinfected under supervision of the department or the inspection service. The disinfectant shall be approved by the department or inspection service. The premises must have been maintained free of swine for thirty days. However, the epidemiologist for good cause may determine that premises shall be maintained free of swine for a period greater or less than thirty days.b.  Swine reacting positively to a test have been removed from the premises. Remaining swine, except suckling pigs, must be tested and react negatively to the test thirty days or more after removal of the herd’s swine reacting positively to the test.c.  The swine reacting positively to a test have been removed from the premises. At least thirty days after removal of the positive swine, breeding swine remaining plus a random sample equaling twenty-eight of grower-finishing swine more than two months of age must react negatively to the test. While the state is in stage III or IV of the national pseudorabies program pursuant to federal regulations, the grower-finisher swine must react negatively to a test at least thirty days after reacting negatively to the last test.3.a.  While the state is classified in stage I, II, or III of the national pseudorabies program pursuant to federal regulations, the following requirements must be satisfied:(1)  All swine present on the date the quarantine was imposed have been removed.(2)  There must have been no clinical signs of pseudorabies in the herd for at least six months.(3)  The epidemiologist must either conduct two successive statistical samplings at least ninety days apart, or conduct statistical samplings according to rules adopted by the department which are consistent with the national pseudorabies eradication program, which reveal no infection within the new breeding swine.(4)  The epidemiologist must either conduct two successive statistical samplings ninety days apart, or conduct statistical samplings according to rules adopted by the department which are consistent with the national pseudorabies eradication program, which reveal no infection in the herd’s progeny at least four months of age.b.  A herd removed from quarantine under this subsection shall be tested by statistical sampling one year later, unless an epidemiologist determines that the herd must be tested earlier.1989 Acts, ch 280, §9; 1990 Acts, ch 1168, §29; 1997 Acts, ch 183, §8,13; 1998 Acts, ch 1056, §7; 2000 Acts, ch 1110, §12-14,25; 2009 Acts, ch 41, §263Referred to in 166D.2, 166D.8166D.10Movement of swine.1.  Except as otherwise provided in this section, a person shall not sell, lease, exhibit, loan, move, or relocate swine within the state unless the swine are accompanied by a certificate of inspection in the same manner as provided for a certificate of veterinary inspection as provided in section 163.30. The department may combine the certificate of inspection with a certificate of veterinary inspection.2.  A certificate of inspection is not required if any of the following apply:a.  The swine are moved to slaughter.b.  The swine are relocated, and all of the following apply:(1)  A transportation certificate accompanies the relocated swine.(2)  The swine’s owner maintains information regarding the relocation in relocation records. The department may adopt rules excusing a person from maintaining relocation records, if the department determines that the purposes of the chapter as provided in section 166D.1 are not furthered by the requirement.(3)  A certificate of inspection, or a certificate of veterinary inspection as provided in section 163.30, has been issued for the swine within thirty days prior to the date of relocation. The department may adopt rules excusing a person from complying with this subparagraph if the department determines that the purposes of the chapter as provided in section 166D.1 are not furthered by the requirement.(4)  The swine have a current negative pseudorabies status.c.  A person transfers ownership of all or part of a herd, if the herd remains on the same premises. However, the herd must be tested by statistical sampling. If any part of the herd is subsequently moved or relocated, the swine must be moved or relocated in accordance with this section and sections 166D.7, 166D.8, and 166D.10A.3.  A transportation certificate accompanying swine which are relocated as provided in subsection 2, paragraph “b”, shall cite the relevant relocation record and certificate of inspection, or certificate of veterinary inspection. The department may provide for the examination of the relocation records on the owner’s premises during normal business hours, or may require that reports containing relevant information contained in relocation records and certificates of inspection, or certificates of veterinary inspection, be periodically submitted to the department. For purposes of this section, swine production information contained in relocation records is a trade secret as provided in section 22.7, unless otherwise provided by rules adopted by the department. The department shall provide for the disclosure of confidential information only to the extent required for enforcement of this chapter, the detection and prosecution of public offenses, or to comply with a subpoena or court order. The department shall adopt rules required to administer subsection 2, paragraph “b”, and this subsection.4.a.  Except as provided in paragraph “b”, swine that are moved shall be individually identified as provided in section 163.30, which may include requirements for affixing ear tags to swine.b.(1)  Native Iowa feeder pigs moved from farm to farm within the state shall be exempted from the identification requirements of this subsection if the owner transferring possession of the feeder pigs executes a written agreement with the person taking possession of the feeder pigs.(a)  The agreement shall provide that the feeder pigs shall not be commingled with other swine for a period of thirty days.(b)  The owner transferring possession shall be responsible for making certain that the agreement is executed and for providing a copy of the agreement to the person taking possession.(2)  Native Iowa feeder pigs that are moved shall be accompanied by a certificate of inspection, or a certificate of veterinary inspection as provided in section 163.30, unless swine are otherwise exempted from this requirement by this section.(3)  As used in this paragraph “b”, “farm to farm within the state” does not include the movement or relocation of native Iowa feeder pigs to the possession of a dealer licensed pursuant to section 163.30.5.  Swine from a herd located within this state must be moved or relocated in compliance with this section. If the swine is moved or relocated from a herd located within a county which is designated by the department as in stage II of the national pseudorabies eradication program, the swine shall not be moved or relocated unless in compliance with section 166D.11. Regardless of whether the swine is from a herd located in a stage II county, the following shall govern the movement or relocation of swine within this state:a.  For swine from a noninfected herd, a person shall not move swine for breeding purposes, unless one of the following applies:(1)  The swine is moved from a qualified negative herd or qualified differentiable negative herd.(2)  The swine reacts negatively to a differentiable test within thirty days prior to moving the swine.b.  For swine which is exposed, a person shall not move or relocate the swine, unless one of the following applies:(1)  The swine reacts negatively to a differentiable test within thirty days prior to moving or relocating the swine.(2)  The swine moves by restricted movement to either a fixed concentration point or slaughtering establishment.c.  For swine from a herd of unknown status, a person shall not move or relocate the swine, unless one of the following applies:(1)  The swine reacts negatively to a differentiable test within thirty days prior to moving or relocating the swine.(2)  The swine moves by restricted movement to either a fixed concentration point or slaughtering establishment. However, the swine is not required to move by restricted movement if the swine is moved from a fixed concentration point directly to another fixed concentration point or to a slaughtering establishment.d.  For swine which is from an infected herd, a person shall not move or relocate the swine, unless one of the following applies:(1)  If the swine is part of a cleanup plan, the following shall apply:(a)  For swine, other than feeder pigs or cull swine, which are part of a herd subject to a cleanup plan, a person shall only move swine by restricted movement to either a fixed concentration point or slaughtering establishment. A person shall not relocate the swine.(b)  For a feeder pig or cull swine which is part of a herd subject to a herd cleanup plan, a person shall only move the feeder pig or cull swine by restricted movement to either a fixed concentration point or slaughtering establishment or relocate the feeder pig or cull swine by restricted movement to an approved premises. For a feeder pig or cull swine which is part of a feeder pig cooperator herd cleanup plan, a person shall only move the feeder pig or cull swine by restricted movement to either a fixed concentration point or slaughtering establishment or move or relocate the feeder pig or cull swine by restricted movement to an approved premises. However, a person shall not move or relocate a feeder pig or cull swine to an approved premises, unless the approved premises is identified in a cleanup plan as provided in section 166D.8, or the department approves the move or relocation to another approved premises. A person shall not move or relocate a cull swine to an approved premises, unless the cull swine reacts negatively to a test and is vaccinated with a differentiable vaccine. The test and vaccine must be administered within thirty days prior to the movement or relocation to the approved premises. A noninfected feeder pig is not required to be tested or vaccinated prior to movement or relocation to an approved premises, if the feeder pig is vaccinated upon arrival at the approved premises.(c)  For swine from a herd kept on an approved premises, a person shall only move or relocate the swine by restricted movement as provided in the cleanup plan governing the herd and terms and conditions of the certification required for the approved premises as provided in section 166D.10B.(2)  If the swine is not part of a herd that is subject to a cleanup plan because the herd is quarantined, a person shall only move the swine by restricted movement to either a fixed concentration point or slaughtering establishment.6.  Swine from a herd located outside this state must be moved into and maintained in this state in compliance with this section. A person shall not move swine into this state, except as follows:a.  For swine from a herd, other than a noninfected herd, the swine must be moved either to a fixed concentration point or slaughtering establishment.b.  For swine from a noninfected herd, the swine may be moved to a concentration point or slaughtering establishment. If the swine is not moved to a concentration point or slaughtering establishment, the following shall apply:(1)  Unless the person moves the swine into a county designated by the department as in stage II of the national pseudorabies eradication program, the following shall apply:(a)  A person shall not move swine into this state for breeding purposes, unless one of the following applies:(i)  The swine is moved from a qualified negative herd or qualified differentiable negative herd.(ii)  The swine reacts negatively to a differentiable test, within thirty days prior to moving the swine.(b)  A person shall not move a feeder swine which is moved into this state, unless the feeder swine reacts negatively to a differentiable test within thirty days prior to movement from a herd in this state.(2)  If a person moves the swine into a county which is designated by the department as in stage II of the national pseudorabies eradication program, the following shall apply:(a)  Except as provided in this subparagraph, the owner of swine shall vaccinate the swine with a modified-live differentiable vaccine, prior to moving swine into the stage II county. A person is not required to vaccinate swine prior to moving swine into the stage II county if one of the following applies:(i)  The swine is part of a herd that cannot be vaccinated under the law of the state or country in which the herd is kept immediately prior to being moved into the stage II county.(ii)  The swine is an isowean feeder pig.(iii)  The swine is moved either to a fixed concentration point or slaughtering establishment.(b)  For swine which are not vaccinated before being moved into a stage II county as provided in this paragraph, the following shall apply:(i)  For swine other than swine moved into a herd within a stage II county as an isowean feeder pig, the swine must be immediately vaccinated with a differentiable vaccine, as provided in section 166D.11. The swine shall be considered as part of a herd of unknown status, until tested negative and vaccinated.(ii)  For swine moved into a herd within a stage II county as an isowean feeder pig, the swine moved into the herd must be immediately vaccinated with a differentiable vaccine, as provided in section 166D.11. The department may require that the swine be revaccinated with a differentiable vaccine at a later date. The swine shall be considered as part of a herd of unknown status, until tested negative and vaccinated.7.  A person shall not move a swine within this state, other than to a fixed concentration point or slaughtering establishment, if the swine is vaccinated with a vaccine other than a differentiable vaccine approved by the department pursuant to section 166D.14.8.  Known infected swine moved through a fixed concentration point shall only be moved by restricted movement to a slaughtering establishment.9.  Swine moved under this section to a slaughtering establishment shall be for the exclusive purpose of slaughtering the swine. Swine moved under this section to a fixed concentration point shall be for the exclusive purpose of immediately moving the swine to a slaughtering establishment. Swine moved or relocated under this section to an approved premises shall be for the exclusive purpose of feeding the swine prior to movement or relocation to another approved premises, or movement to either a fixed concentration point or a slaughtering establishment.1989 Acts, ch 280, §10; 1990 Acts, ch 1091, §6; 1990 Acts, ch 1168, §30; 1996 Acts, ch 1214, §30; 1997 Acts, ch 183, §9-11,13; 1998 Acts, ch 1056, §8-10; 2000 Acts, ch 1110, §15,16,25; 2002 Acts, ch 1093, §1-5,7; 2002 Acts, ch 1119, §141; 2003 Acts, ch 108, §124,132; 2004 Acts, ch 1163, §27-30; 2009 Acts, ch 133, §71Referred to in 166D.2, 166D.8, 166D.10A, 166D.10B, 166D.11166D.10ARestricted movement — requirements.1.  If swine must be moved or relocated by restricted movement as provided in section 166D.10, the swine shall only be transported by direct movement.2.a.  If a person moves or relocates swine subject to restricted movement, the person shall only move the swine to either a fixed concentration point or slaughtering establishment or move or relocate the swine to an approved premises.b.  If a person receives swine subject to restricted movement, the person shall only receive the swine at either a fixed concentration point or slaughtering establishment or an approved premises.3.  Swine required to be moved or relocated by restricted movement must be accompanied by a restricted movement permit, as provided by rules which must be adopted by the department. The department shall issue a restricted movement permit to the person moving or relocating the swine. The permit shall include information required by the department, which shall at least include a description of the swine, the name and address of the owner, the name and address of the person receiving the swine, the date of movement or relocation, and the seal number as prescribed by the department, if a seal is required. The moved or relocated swine must also be accompanied by a transportation certificate and certificate of inspection, if required in section 166D.10.4.a.  Except as provided in this section, a vehicle moving swine under restricted movement shall contain a cargo area for the swine which shall be sealed to prevent access. The seal shall conform with requirements adopted by the department. Each seal shall be identified by number as required by the department. The vehicle shall be sealed by an accredited veterinarian at the premises where the swine are kept. The seal shall only be removed by a departmental official, an accredited veterinarian, an official of the United States department of agriculture, or the person authorized by the department to receive the swine upon arrival at the fixed concentration point, slaughtering establishment, or approved premises.b.  The department may adopt rules or issue an order to provide that a vehicle moving or relocating feeder swine from a herd which is subject to a cleanup plan is not required to be sealed as otherwise provided in this subsection, if the herd is kept and moved or relocated in compliance with the cleanup plan.2000 Acts, ch 1110, §17,25Referred to in 166D.2, 166D.9, 166D.10, 166D.12166D.10BApproved premises.1.  A person shall not maintain swine other than feeder pigs or cull swine at an approved premises.a.  A person shall not move or relocate swine to an approved premises, unless all of the following apply:(1)  The swine is a feeder pig or cull swine.(2)  The swine is not exposed or from a herd of unknown status.b.  A person shall not receive swine at an approved premises, unless the swine is one of the following:(1)  The swine is a feeder pig or cull swine.(2)  The swine is not exposed or from a herd of unknown status.2.  If swine is moved or relocated to an approved premises, the following shall apply:a.  A cull swine shall not be moved or relocated to an approved premises, unless the cull swine reacts negatively to a test and is vaccinated prior to the movement or relocation, as provided in section 166D.10.b.  A noninfected feeder pig must be vaccinated upon arrival at the approved premises.3.  Dead swine must be disposed of in accordance with chapter 167. The dead swine must be held so as to prevent animals, including wild animals and livestock, from reaching the dead swine.4.  The following shall apply to the location of an approved premises:a.  An approved premises shall not be located within one and one-half miles from a noninfected herd, other than a qualified negative herd or qualified differentiable negative herd.b.  An approved premises shall not be located within three miles from a qualified negative herd or a qualified differentiable negative herd.c.  An approved premises shall not be located in any of the following:(1)  A county in stage III of the national pseudorabies eradication program, as designated by the department.(2)  A county which has a zero percent prevalence of infection among all herds in the county at any time on or after March 1, 2000, regardless of whether the county subsequently has a greater than zero percent prevalence of infection among all herds in the county.5.  A feeder pig or a cull swine may be kept at the approved premises only for purposes of feeding and restricted movement as provided in section 166D.10.6.a.  The department must certify a location as an approved premises pursuant to rules adopted by the department. The department may adopt rules providing for the renewal, suspension, or termination of a certification. The terms and conditions of the certification shall be part of the cleanup plan required for the herd kept at the location pursuant to section 166D.8. Except as provided in this subsection, a location is certified as an approved premises, as long as all of the following apply:(1)  The approved premises complies with the requirements of this section and rules adopted by the department.(2)  The owner of the approved premises or the person managing the approved premises provides to the department during normal business hours access to the approved premises and records required by this subparagraph. Records of swine transfers must be kept for at least one year. Records of vaccinations occurring on the approved premises must be maintained by the owner for at least one year after vaccination. The records shall include information about purchases and sales, the names of buyers and sellers, the dates of transactions, and the number of swine involved in each transaction.b.  The department shall terminate the certification of an approved premises if the county in which the approved premises is located has a zero percent prevalence of infection among all herds in the county, not counting a herd kept at the approved premises. The department shall provide for the suspension or termination of the certification for a violation of a term or condition of the certification. When a certification is suspended, terminated, or not renewed, the location shall remain under a cleanup plan until released pursuant to the provisions of section 166D.8.2000 Acts, ch 1110, §18,25; 2002 Acts, ch 1119, §142Referred to in 166D.2, 166D.8, 166D.10, 166D.11166D.11Vaccination and testing requirements.1.  A person shall not use in this state any vaccine that is not a differentiable vaccine.2.a.  Except as provided in this section, swine within a county which is designated by the department as in stage II of the national pseudorabies eradication program shall be vaccinated with a modified-live differentiable vaccine. The swine located in a stage II county shall be vaccinated as follows:(1)  Except as provided in subparagraph (2), the following applies:(a)  Breeding swine shall at a minimum receive quarterly vaccinations.(b)  Feeder swine shall at a minimum receive one vaccination. The feeder swine shall be vaccinated when the feeder swine reach eight to twelve weeks of age or one hundred pounds, whichever occurs earlier.(2)  If swine are required to be vaccinated prior to or after movement, as provided in section 166D.10, to a stage II county, the swine shall be vaccinated with a modified-live differentiable vaccine as otherwise required in that section.b.  The department shall adopt rules or issue an order that exempts swine from being vaccinated with a modified-live vaccine, as provided in this subsection, based on any of the following:(1)  The swine is part of a qualified negative herd or a qualified differentiable negative herd.(2)  The swine belong to a herd located within a county, if all of the following apply:(a)  The county has a history of zero percent prevalence of infection among all herds in the county, regardless of whether the county currently has a higher than zero percent prevalence of infection among all herds in the county.(b)  All contiguous counties have a zero percent prevalence of infection among herds in that county, as designated by the department.3.a.  The person who owns the swine when the swine is required to be vaccinated under this chapter shall be solely liable for providing the vaccine and administering the vaccination. A noninfected feeder pig required to be vaccinated upon arrival at an approved premises as provided in section 166D.10B shall be vaccinated at the expense of the owner who moves the feeder pig. If the swine is transported into this state, the owner shall be deemed to be the person who owns the swine immediately prior to transportation.b.  This subsection does not prohibit the owner of swine from contracting with a person, including a person receiving ownership of swine moved into this state, to provide the vaccination, if the person receives fair compensation for providing the vaccination and the sale price for the swine is not increased because the owner must comply with this subsection.4.  The cost, or any segment of the cost, of purchasing a laboratory product used for testing and vaccination provided in this chapter may be paid for by federal or state funds or a combination of both. Federal or state funds shall not be paid to the owner of a vaccinated herd other than the owner of a herd vaccinated with a modified-live differentiable vaccine.1989 Acts, ch 280, §11; 1990 Acts, ch 1091, §7; 2000 Acts, ch 1110, §19,25Referred to in 166D.7, 166D.8, 166D.10166D.12Concentration points.A person shall not move swine through a concentration point, except as provided in this section.1.  For swine from a noninfected herd, the swine may be moved through any concentration point. All of the following shall apply:a.  Breeding swine must be kept separate and apart from feeder pigs.b.  Breeding swine must be sold first.2.a.  For swine other than swine from a noninfected herd, the swine shall not be moved through a concentration point other than a fixed concentration point, as required by the department. A fixed concentration point shall be used exclusively for the following:(1)  The movement of livestock other than swine.(2)  The immediate movement of swine to a slaughtering establishment.b.  A fixed concentration point shall never be used for the movement of swine other than to a slaughtering establishment.c.(1)  Except as provided in subparagraph (2), a person shall not move swine subject to restricted movement to or from a fixed concentration point or receive swine subject to restricted movement at a fixed concentration point, unless the swine is moved and received in compliance with section 166D.10A.(2)  A person may move swine from a herd of unknown status from a fixed concentration point other than by restricted movement as provided in section 166D.10A, if the person moves the swine directly to another fixed concentration point or to a slaughtering establishment.d.  Livestock, other than swine, moved to the fixed concentration point must be kept separate and apart.e.  If an infected swine, exposed swine, or swine from a herd of unknown status is moved through a fixed concentration point, the owner of the fixed concentration point shall post and maintain a sign on the premises of the fixed concentration point. The sign must be posted in a conspicuous place clearly visible to persons moving livestock through the fixed concentration point. The notice shall appear in black letters a minimum of one inch high and in the following form:NOTICEThis facility may sell swine whichhave been exposed to pseudorabies.However, all swine are movedimmediately to slaughter.1989 Acts, ch 280, §12; 1998 Acts, ch 1056, §11; 2000 Acts, ch 1110, §20,25; 2001 Acts, ch 24, §35; 2002 Acts, ch 1093, §6,7Referred to in 166D.2166D.13Exhibition of swine.1.  Swine from an infected herd shall not be displayed or shown at any exhibition.2.  Animals infected shall not be shown or displayed at an exhibition.3.  Rules controlling exhibition movement requirements may be adopted by the department in addition to the requirements of this section.89 Acts, ch 280, §13, 98 Acts, ch 1056, §12, 2011 Acts, ch 84, §4, 5166D.14Pseudorabies immunization products.1.  A person shall not use, sell, or distribute or offer to sell or distribute a pseudorabies immunization product within the state unless the products are approved by the secretary. However, the secretary shall approve a pseudorabies immunization product for purposes of product research or testing by a biological laboratory, government authority, or manufacturer of biological products if the secretary concludes that the use will not be detrimental to the state pseudorabies disease program.2.  Only a licensed veterinarian may buy and dispense a department-approved immunization product. The veterinarian must report information relating to the use of the product to the department, including the name and address of the owner and the number of doses used. The report shall be signed by the owner or the owner’s agent. The report shall be mailed to the department immediately after the use of the product.3.  A differentiable vaccinate to be classified as a noninfected animal must react negatively to field strains of pseudorabies virus as determined by a companion differentiable serologic test. The swine must be identified as differentiable vaccinated animals.89 Acts, ch 280, §14, 2017 Acts, ch 54, §76Referred to in 166D.10166D.15Tracing pseudorabies to source or destination herds.1.  The owner of a known infected herd shall furnish to the department all of the following information:a.  A list of sources of feeder pigs or breeding swine during the preceding twelve months.b.  A list of sales of feeder pigs or breeding swine during the preceding twelve months.2.  If pseudorabies is diagnosed in breeding swine or feeder pigs which have been purchased from or sold to another swine producer within ninety days from the sale, the department may require a statistical sample of the breeding herd of the seller or buyer and a statistical sample of the herd progeny over four months. If the owner of the herd refuses to allow the test, the herd shall be classified as a known infected herd.3.  Tests conducted pursuant to this section shall be completed at the owner’s expense unless state funds are available for this purpose.1989 Acts, ch 280, §15166D.16Enforcement — penalty — certificates.1.  The provisions of this chapter including departmental rules adopted pursuant to this chapter shall be administered and enforced by the department.2.  Except as provided in this subsection, a person violating a provision of this chapter or any rule adopted pursuant to this chapter shall be subject to a civil penalty of at least one hundred dollars but not more than one thousand dollars.a.  A person who falsifies a certificate of inspection issued pursuant to this chapter shall be subject to a civil penalty of not more than five thousand dollars for each swine falsified on the certificate. A person shall not be subject to a civil penalty totaling more than twenty-five thousand dollars for falsifying a certificate, regardless of the number of swine falsified on the certificate.b.  The person who owns swine when the swine are required to be vaccinated under this chapter shall be subject to a civil penalty of two dollars for each swine which is not vaccinated as required.3.  In addition to any other remedies provided, the department may file a petition in the district court seeking an injunction restraining any person from violating provisions of this chapter including a rule adopted pursuant to this chapter.1989 Acts, ch 280, §16; 1991 Acts, ch 32, §4; 1992 Acts, ch 1163, §43; 2000 Acts, ch 1110, §21,25Referred to in 163.61