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Senate File 2371

Partial Bill History

Bill Text

PAG LIN
  1  1                                        SENATE FILE 2371
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO INFECTIOUS AND CONTAGIOUS DISEASES AFFECTING
  1  5    LIVESTOCK AND PROVIDING PENALTIES.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  8 
  1  9    Section 1.  NEW SECTION.  163.6  SLAUGHTER FACILITIES –
  1 10 BLOOD SAMPLES.
  1 11    1.  As used in this section, unless the context otherwise
  1 12 requires:
  1 13    a.  "Department" means the department of agriculture and
  1 14 land stewardship or the United States department of
  1 15 agriculture.
  1 16    b.  "Slaughtering establishment" means a person engaged in
  1 17 the business of slaughtering animals, if the person is an
  1 18 establishment subject to the provisions of chapter 189A which
  1 19 slaughters animals for meat food products as defined in
  1 20 section 189A.2.
  1 21    2.  The department may require that samples of blood be
  1 22 collected from animals at a slaughtering establishment in
  1 23 order to determine if the animals are infected with an
  1 24 infectious or contagious disease, according to rules adopted
  1 25 by the department of agriculture and land stewardship.  Upon
  1 26 approval by the department, the collection shall be performed
  1 27 by either of the following:
  1 28    a.  A slaughtering establishment under an agreement
  1 29 executed by the department and the slaughtering establishment.
  1 30    b.  A person authorized by the department.
  1 31    An authorized person collecting samples shall have access
  1 32 to areas where the animals are confined in order to collect
  1 33 blood samples.  The department shall notify the slaughtering
  1 34 establishment in writing that samples of blood must be
  1 35 collected for analysis.  The notice shall be provided in a
  2  1 manner required by the department.
  2  2    3.  In carrying out this section, a person authorized by
  2  3 the department to collect blood samples from animals as
  2  4 provided in this section shall have the right to enter and
  2  5 remain on the premises of the slaughtering establishment in
  2  6 the same manner and on the same terms as a meat inspector
  2  7 authorized by the department, including the right to access
  2  8 facilities routinely available to employees of the
  2  9 slaughtering establishment such as toilet and lavatory
  2 10 facilities, lockers, cafeterias, areas reserved for work
  2 11 breaks or dining, and storage facilities.  The slaughtering
  2 12 establishment shall provide a secure area for the permanent
  2 13 storage of equipment used to collect blood, an area reserved
  2 14 for collecting the blood, including the storage of blood
  2 15 during the collection, and a refrigerated area used to store
  2 16 blood samples prior to analysis.  The area reserved for
  2 17 collecting the blood shall be adjacent to the area where the
  2 18 animals are killed, unless the authorized person and the
  2 19 slaughtering establishment select another area.  The
  2 20 department is not required to compensate a slaughtering
  2 21 establishment for allowing a person authorized by the
  2 22 department to carry out this section.
  2 23    4.  A person violating this section or a rule adopted
  2 24 pursuant to this section shall be subject to a civil penalty
  2 25 of at least one hundred dollars but not more than one thousand
  2 26 dollars.  Moneys collected in civil penalties shall be
  2 27 deposited in the general fund of the state.
  2 28    Sec. 2.  Section 163.30, subsection 5, unnumbered paragraph
  2 29 3, Code Supplement 1997, is amended to read as follows:
  2 30    However, registered swine for exhibition or breeding
  2 31 purposes which can be individually identified by an ear notch
  2 32 or tattoo or other method approved by the department are
  2 33 excepted from this identification requirement.  In addition,
  2 34 native Iowa swine moved from farm to farm may shall be
  2 35 excepted from the identification requirement if the seller and
  3  1 purchaser sign a statement providing that feeder pigs will not
  3  2 be commingled for a period of thirty days and such fact is
  3  3 stated on the health certificate owner transferring possession
  3  4 of the feeder pigs executes a written agreement with the
  3  5 person taking possession of the feeder pigs.  The agreement
  3  6 shall provide that the feeder pigs shall not be commingled
  3  7 with other swine for a period of thirty days.  The owner
  3  8 transferring possession shall be responsible for making
  3  9 certain that the agreement is executed and for providing a
  3 10 copy of the agreement to the person taking possession.
  3 11    Sec. 3.  Section 166D.5, subsection 2, unnumbered paragraph
  3 12 1, Code 1997, is amended to read as follows:
  3 13    When the department determines that a majority of herds
  3 14 within a program area have been tested and a majority of herds
  3 15 reveal a noninfection rate of ninety eighty percent or
  3 16 greater, the following shall apply:
  3 17    Sec. 4.  Section 166D.7, subsection 1, paragraph a, Code
  3 18 1997, is amended to read as follows:
  3 19    a.  The herd shall be certified when all breeding swine
  3 20 have reacted negatively to a test.  The herd must have been
  3 21 free from infection for thirty days prior to testing.  At
  3 22 least ninety percent of swine in the herd must have been on
  3 23 the premises as a part of the herd for at least sixty days
  3 24 prior to testing, or swine in the herd must have been moved
  3 25 directly from another qualified negative herd.  To remain
  3 26 certified, the herd must be retested and recertified as
  3 27 provided by the department.  The herd shall be recertified
  3 28 when either of the following occurs:
  3 29    (1)  Each eighty to one hundred five days at least twenty-
  3 30 five percent of the herd's breeding swine react negatively to
  3 31 a test.
  3 32    (2)  Each each month the greater of five head of swine or
  3 33 at least ten percent of the herd's breeding swine react
  3 34 negatively to a test.
  3 35    Sec. 5.  Section 166D.8, subsection 1, Code 1997, is
  4  1 amended to read as follows:
  4  2    1.  a.  A herd cleanup plan may include any or a
  4  3 combination of the following:
  4  4    a. (1)  The segregation of progeny with restricted
  4  5 movement.  The herd cleanup plan must include the location of
  4  6 the premises that will receive the progeny.  The receiving
  4  7 premises shall be quarantined.
  4  8    b. (2)  The test and removal of infected swine from the
  4  9 herd.
  4 10    c. (3)  Depopulation.
  4 11    b.  Notwithstanding paragraph "a", breeding swine in an
  4 12 infected herd shall be tested and the infected breeding swine
  4 13 shall be removed from the infected herd in accordance with
  4 14 procedures and by dates established by rules adopted by the
  4 15 department.
  4 16    Sec. 6.  Section 166D.8, subsection 2, paragraphs a and c,
  4 17 Code 1997, are amended to read as follows:
  4 18    a.  There must have been no clinical signs of pseudorabies
  4 19 during the past six months thirty days.
  4 20    c.  An approved pseudorabies eradication feeder pig
  4 21 cooperator herd plan must be implemented.  However, swine from
  4 22 a feeder pig cooperator herd may be moved within Iowa without
  4 23 individual tests as feeder pigs of unknown origin.  The feeder
  4 24 pig cooperator herd plan must include the location of the
  4 25 premises that will receive the progeny.  The receiving
  4 26 premises shall be quarantined.
  4 27    Sec. 7.  Section 166D.9, subsection 4, unnumbered paragraph
  4 28 2, Code Supplement 1997, is amended to read as follows:
  4 29    Herds A herd removed from quarantine under this subsection
  4 30 shall be tested by statistical sampling one year later, unless
  4 31 an epidemiologist determines that the herd must be tested
  4 32 earlier.
  4 33    Sec. 8.  Section 166D.10, subsection 1, paragraph c, Code
  4 34 Supplement 1997, is amended to read as follows:
  4 35    c.  A person transferring transfers ownership of all or
  5  1 part of a herd, if the herd remains on the same premises.
  5  2 However, the herd must be tested by statistical sampling.  If
  5  3 any part of the herd is subsequently moved or relocated, the
  5  4 swine that are must be moved or relocated must be accompanied
  5  5 by a certificate of inspection, or an official health
  5  6 certificate or veterinarian certificate as provided in section
  5  7 163.30, unless the swine are moved to slaughter in accordance
  5  8 with this section and sections 166D.7, 166D.8, and 166D.9.
  5  9    Sec. 9.  Section 166D.10, subsection 2, unnumbered
  5 10 paragraph 1, Code Supplement 1997, is amended to read as
  5 11 follows:
  5 12    Swine that are moved shall be individually identified as
  5 13 provided in section 163.30, which may include requirements for
  5 14 affixing ear tags to swine.  However, native Iowa feeder pigs
  5 15 moved from farm to farm within the state shall not be subject
  5 16 to exempted from the identification requirements of this
  5 17 subsection, if the owner transferring possession of the feeder
  5 18 pigs executes a written agreement with the person taking
  5 19 possession of the feeder pigs.  The agreement shall provide
  5 20 that the feeder pigs will shall not be commingled with other
  5 21 swine for a period of thirty days.  The owner transferring
  5 22 possession shall provide be responsible for making certain
  5 23 that the agreement is executed and for providing a copy of the
  5 24 agreement to the person taking possession of the feeder pigs.
  5 25    Sec. 10.  Section 166D.10, subsection 6, Code Supplement
  5 26 1997, is amended to read as follows:
  5 27    6.  In addition to other applicable requirements of this
  5 28 section, feeder swine moved from a location outside of this
  5 29 state to a location within this state shall be vaccinated, if
  5 30 the feeder swine are moved into a county where the department
  5 31 determines that more than three percent of all herds in the
  5 32 county are infected herds.  The feeder swine shall be
  5 33 vaccinated with a differentiable vaccine according to
  5 34 procedures established by rules adopted by the department.
  5 35 However, this subsection shall not require vaccination if the
  6  1 feeder swine originate from a qualified negative herd or a
  6  2 qualified differentiable negative herd and are introduced to a
  6  3 qualified negative herd or a qualified differentiable negative
  6  4 herd.
  6  5    Sec. 11.  Section 166D.12, subsection 4, paragraph a, Code
  6  6 1997, is amended to read as follows:
  6  7    a.  Other species of livestock must not be held kept
  6  8 separate and apart from swine from known infected herds at the
  6  9 concentration point.
  6 10    Sec. 12.  Section 166D.13, subsection 1, Code 1997, is
  6 11 amended to read as follows:
  6 12    1.  Swine from a quarantined an infected herd shall not be
  6 13 displayed or shown at any exhibition.  
  6 14 
  6 15 
  6 16                                                             
  6 17                               MARY E. KRAMER
  6 18                               President of the Senate
  6 19 
  6 20 
  6 21                                                             
  6 22                               RON J. CORBETT
  6 23                               Speaker of the House
  6 24 
  6 25    I hereby certify that this bill originated in the Senate and
  6 26 is known as Senate File 2371, Seventy-seventh General Assembly.
  6 27 
  6 28 
  6 29                                                             
  6 30                               MARY PAT GUNDERSON
  6 31                               Secretary of the Senate
  6 32 Approved                , 1998
  6 33 
  6 34 
  6 35                         
  7  1 TERRY E. BRANSTAD
  7  2 Governor
     

Text: SF02370                           Text: SF02372
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