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Senate File 555

Partial Bill History

Bill Text

PAG LIN
  1  1                                              SENATE FILE 555
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE CONTROL OF PSEUDORABIES, MAKING CORRESPONDING 
  1  5    CHANGES, MAKING PENALTIES APPLICABLE, AND PROVIDING FOR AN 
  1  6    EFFECTIVE DATE.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 163.30, subsection 2, paragraph c, Code
  1 11 1997, is amended to read as follows:
  1 12    c.  "Swine moved" "Move" or "movement" means any physical
  1 13 to ship, transport, or deliver swine by land, water, or air,
  1 14 except that "move" or "movement" does not mean a relocation
  1 15 of.
  1 16    d.  "Relocate" or "relocation" means to ship, transport, or
  1 17 deliver swine by land, water, or air, to different premises,
  1 18 if the ownership of the swine to different does not change,
  1 19 the prior and new premises, except that it does not include
  1 20 movement of swine when their ownership does not change, and
  1 21 both their prior and new locations, and the movement between
  1 22 such locations, are located within the state of Iowa, and the
  1 23 shipment, transportation, or delivery between the prior and
  1 24 new premises occurs within the state.
  1 25    Sec. 2.  Section 166D.2, subsection 7, unnumbered paragraph
  1 26 1, Code 1997, is amended to read as follows:
  1 27    "Certificate of inspection" means a document approved by
  1 28 the United States department of agriculture or the department
  1 29 of agriculture and land stewardship, and issued by a licensed
  1 30 veterinarian prior to the interstate or intrastate movement of
  1 31 swine or to the relocation of swine.  The certificate of
  1 32 inspection must state all of the following:
  1 33    Sec. 3.  Section 166D.2, subsection 7, unnumbered paragraph
  1 34 2, Code 1997, is amended by striking the unnumbered paragraph.
  1 35    Sec. 4.  Section 166D.2, subsection 31, Code 1997, is
  2  1 amended to read as follows:
  2  2    31.  "Move" or "movement" means to ship, transport, or
  2  3 deliver by land, water, or air the same as defined in section
  2  4 163.30.
  2  5    Sec. 5.  Section 166D.2, Code 1997, is amended by adding
  2  6 the following new subsections:
  2  7    NEW SUBSECTION.  39A.  "Relocate" or "relocation" means the
  2  8 same as defined in section 163.30.
  2  9    NEW SUBSECTION.  39B.  "Relocation record" means a record
  2 10 as maintained by the owner of swine in a form and containing
  2 11 information as required by the rules adopted by the
  2 12 department, which indicates a relocation of swine as provided
  2 13 in section 166D.10.
  2 14    Sec. 6.  Section 166D.2, subsection 45, Code 1997, is
  2 15 amended to read as follows:
  2 16    45.  "Transportation certificate" means the same a written
  2 17 document evidencing that the movement or relocation of swine
  2 18 complies with the requirements of this chapter, and which may
  2 19 be a transportation certificate as provided in chapter 172B,
  2 20 or another document approved by the department, including but
  2 21 not limited to one or more types of forms covering different
  2 22 circumstances, as prescribed by the department.
  2 23    Sec. 7.  NEW SECTION.  166D.3A  DEPARTMENTAL DETERMINATION
  2 24 OF PSEUDORABIES PREVALENCE.
  2 25    The department shall periodically determine the prevalence
  2 26 of pseudorabies in each county in a manner and according to
  2 27 procedures established by rules adopted by the department.
  2 28    Sec. 8.  Section 166D.9, subsection 4, unnumbered paragraph
  2 29 1, Code 1997, is amended to read as follows:
  2 30    While the state is classified in either stage I, or II, or
  2 31 III of the national pseudorabies program pursuant to federal
  2 32 regulations, the following requirements must be satisfied:
  2 33    Sec. 9.  Section 166D.10, subsection 1, unnumbered
  2 34 paragraph 1, Code 1997, is amended to read as follows:
  2 35    A person shall not sell, lease, exhibit, or loan, move, or
  3  1 relocate swine within the state, except to slaughter, unless
  3  2 the swine are accompanied by a certificate of inspection
  3  3 provided by the owner transferring possession in the same
  3  4 manner as provided for an official health certificate or
  3  5 veterinarian certificate as provided in section 163.30.  The
  3  6 department may combine the certificate of inspection with an
  3  7 official health certificate or a veterinarian inspection
  3  8 certificate.  A certificate of inspection is not required if
  3  9 any of the following apply:
  3 10    a.  The swine are moved to slaughter.
  3 11    b.  The swine are relocated, if all of the following apply:
  3 12    (1)  A transportation certificate accompanies the relocated
  3 13 swine.
  3 14    (2)  The swine's owner maintains information regarding the
  3 15 relocation in relocation records.  The department may adopt
  3 16 rules excusing a person from maintaining relocation records,
  3 17 if the department determines that the purposes of the chapter
  3 18 as provided in section 166D.1 are not furthered by the
  3 19 requirement.
  3 20    (3)  A certificate of inspection, or an official health
  3 21 certificate or a veterinarian inspection certificate as
  3 22 provided in section 163.30, has been issued for the swine
  3 23 within thirty days prior to the date of relocation.  The
  3 24 department may adopt rules excusing a person from complying
  3 25 with this subparagraph if the department determines that the
  3 26 purposes of the chapter as provided in section 166D.1 are not
  3 27 furthered by the requirement.
  3 28    The department shall adopt rules required to administer
  3 29 this paragraph.  A transportation certificate accompanying
  3 30 relocated swine shall cite the relevant relocation record and
  3 31 certificate of inspection, or official health certificate or
  3 32 veterinarian inspection certificate.  The department may
  3 33 provide for the examination of the relocation records on the
  3 34 owner's premises during normal business hours, or may require
  3 35 that reports containing relevant information contained in
  4  1 relocation records and certificates of inspection, or official
  4  2 health certificates or veterinarian inspection certificates,
  4  3 be periodically submitted to the department.  For purposes of
  4  4 this section, swine production information contained in
  4  5 relocation records is a trade secret as provided in section
  4  6 22.7, unless otherwise provided by rules adopted by the
  4  7 department.  The department shall provide for the disclosure
  4  8 of confidential information only to the extent required for
  4  9 enforcement of this chapter, the detection and prosecution of
  4 10 public offenses, or to comply with a subpoena or court order.
  4 11    c.  A person transferring ownership of all or part of a
  4 12 herd, if the herd remains on the same premises.  However, the
  4 13 herd must be tested by statistical sampling.  If any part of
  4 14 the herd is subsequently moved or relocated, the swine that
  4 15 are moved or relocated must be accompanied by a certificate of
  4 16 inspection, or an official health certificate or veterinarian
  4 17 certificate as provided in section 163.30, unless the swine
  4 18 are moved to slaughter.
  4 19    1A.  Swine that are moved shall be individually identified
  4 20 as provided in section 163.30, which may include requirements
  4 21 for affixing ear tags to swine.  However, a native Iowa feeder
  4 22 pig pigs moved from farm to farm within the state is exempt
  4 23 from the certificate of inspection's shall not be subject to
  4 24 the identification requirements of this subsection, if the
  4 25 owner transferring possession and of the feeder pigs executes
  4 26 a written agreement with the person taking possession state on
  4 27 the certificate of inspection that of the feeder swine pigs.
  4 28 The agreement shall provide that the feeder pigs will not be
  4 29 commingled with other swine for a period of thirty days.  The
  4 30 owner transferring possession shall provide a copy of the
  4 31 agreement to the person taking possession of the feeder pigs.
  4 32    As used in this subsection "farm to farm within the state"
  4 33 does not include the movement or relocation of native Iowa
  4 34 feeder pigs to the possession of a dealer licensed pursuant to
  4 35 section 163.30.  Native Iowa feeder pigs that are moved shall
  5  1 be accompanied by a certificate of inspection, or an official
  5  2 health certificate or veterinarian certificate as provided in
  5  3 section 163.30, unless swine are otherwise exempted from this
  5  4 requirement by this section.
  5  5    Sec. 10.  Section 166D.10, subsection 1, unnumbered
  5  6 paragraph 2, Code 1997, is amended to read as follows:
  5  7    1B.  Swine moved into or within Iowa for breeding purposes
  5  8 must originate from a herd not under quarantine which is one
  5  9 of the following:
  5 10    Sec. 11.  Section 166D.10, subsection 4, Code 1997, is
  5 11 amended to read as follows:
  5 12    4.  In addition to other applicable requirements of this
  5 13 section, feeder swine shall not be moved into from a location
  5 14 outside of this state from another state except to slaughter,
  5 15 unless the feeder swine are vaccinated by a differentiable
  5 16 vaccine within forty-five days of arrival in this state to a
  5 17 location within this state shall be vaccinated, if the feeder
  5 18 swine are moved into a county where the department determines
  5 19 that more than three percent of all herds in the county are
  5 20 infected herds.  The feeder swine shall be vaccinated with a
  5 21 differentiable vaccine according to procedures established by
  5 22 rules adopted by the department.  However, this subsection
  5 23 shall not require vaccination if the feeder swine originate
  5 24 from a qualified negative herd or a qualified differentiable
  5 25 negative herd.
  5 26    Sec. 12.  ADOPTION OF RULES.
  5 27    1.  Except as provided in subsection 2, the department of
  5 28 agriculture and land stewardship shall adopt all rules
  5 29 required to carry out this Act not later than October 1, 1997.
  5 30    2.  The department of agriculture and land stewardship
  5 31 shall adopt all rules required to carry out the amendments to
  5 32 section 166D.10, subsection 4, Code 1997, as enacted in this
  5 33 Act, not later than January 1, 1998.
  5 34    Sec. 13.  EFFECTIVE DATES.
  5 35    1.  Except as provided in subsections 2 and 3, this Act
  6  1 takes effect on October 1, 1997.
  6  2    2.  The amendments to section 166D.10, subsection 4, Code
  6  3 1997, as enacted in this Act take effect on January 1, 1998.
  6  4    3.  Section 12 of this Act takes effect upon enactment.  
  6  5 
  6  6 
  6  7                                                             
  6  8                               MARY E. KRAMER
  6  9                               President of the Senate
  6 10 
  6 11 
  6 12                                                             
  6 13                               RON J. CORBETT
  6 14                               Speaker of the House
  6 15 
  6 16    I hereby certify that this bill originated in the Senate and
  6 17 is known as Senate File 555, Seventy-seventh General Assembly.
  6 18 
  6 19 
  6 20                                                             
  6 21                               MARY PAT GUNDERSON
  6 22                               Secretary of the Senate
  6 23 Approved                , 1997
  6 24 
  6 25 
  6 26                         
  6 27 TERRY E. BRANSTAD
  6 28 Governor
     

Text: SF00554                           Text: SF00556
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