Text: H08637 Text: H08639 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2490 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 166D.2, Code 1999, is amended 1 5 by adding the following new subsections: 1 6 NEW SUBSECTION. 6A. "Buying station" means a 1 7 concentration point where swine are assembled for 1 8 purposes of sale and movement to a slaughtering 1 9 establishment. 1 10 NEW SUBSECTION. 7A. "Cleanup plan" means a herd 1 11 cleanup plan or feeder pig cooperator herd cleanup 1 12 plan as provided in section 166D.8. 1 13 NEW SUBSECTION. 8A. "Cull swine" means mature 1 14 swine fed for purposes of direct slaughter. However, 1 15 "cull swine" does not include swine kept for purposes 1 16 of breeding or reproduction. 1 17 NEW SUBSECTION. 26A. "Isowean feeder pig" means a 1 18 feeder pig that weighs twenty pounds or less. 1 19 Sec. 2. Section 166D.2, subsections 2, 11, 17, 19, 1 20 38, and 42, Code 1999, are amended to read as follows: 1 21 2. "Approved premises" means a dry lot facility 1 22 located in an area with confirmed cases of 1 23 pseudorabies infection, which isauthorizedcertified 1 24 by the department to receive,hold, orand feed and 1 25 move or relocate infected swine, exposed animals,or 1 26 swine of unknown status as provided in section 1 27 166D.10B.The premises and all swine on the premises1 28shall be considered under quarantine. However, swine1 29may be moved to slaughter under a transportation1 30certificate or may be moved to another pseudorabies1 31approved premises under a certificate of inspection.1 32 11. "Differentiable vaccine" means a vaccine which 1 33 has a licensed companion differentiable test, and 1 34 includes a modified-live differentiable vaccine. 1 35 17. "Feeder pig" means an immature swine fed for 1 36 purposes of direct slaughter whichisweighs one 1 37 hundred pounds or lessthan slaughter weight. 1 38 19. "Feeder swine" meansa porcine animalswine 1 39 fed for purposes of direct slaughter, including feeder 1 40 pigs,and cullsows, and boarsswine. However, 1 41 "feeder swine" does not includeanimalsswine kept for 1 42 purposes of breeding or reproduction. 1 43 38. "Quarantined herd" means a herd in which 1 44 pseudorabies infected or exposed swine are bred, 1 45 reared, or fed under the supervision and control of 1 46 the department, as provided in section 166D.9.Swine1 47in a quarantined herd may be moved only to an approved1 48premises for feeding or to a recognized slaughtering1 49establishment for slaughter. Either movement may be1 50completed through a concentration point in compliance2 1with section 166D.12.2 2 42. "Restricted movement" means swine which are 2 3quarantined until directly moved to slaughtermoved or 2 4 relocated as provided in section 166D.10A. 2 5 Sec. 3. Section 166D.2, subsections 4, 5, and 34, 2 6 Code 1999, are amended by striking the subsections. 2 7 Sec. 4. Section 166D.2, subsection 32, paragraph 2 8 c, Code 1999, is amended by striking the paragraph. 2 9 Sec. 5. Section 166D.3, unnumbered paragraph 1, 2 10 Code 1999, is amended to read as follows: 2 11 A state pseudorabies advisory committee is 2 12 established. The committee shall consist of not more 2 13 than seven members who shall be appointed by the Iowa 2 14 pork producers association. At least four members of 2 15 the committee must be actively engaged in swine 2 16 production. The members shall serve staggered terms 2 17 of two years, except that the initial board members 2 18 shall serve unequal terms. A person appointed to fill 2 19 a vacancy for a member shall serve only for the 2 20 unexpired portion of the term. A member is eligible 2 21 for reappointment for three successive terms. A 2 22 majority of the board constitutes a quorum and an 2 23 affirmative vote of the majority of members is 2 24 necessary for substantive action taken by the board. 2 25 The majority shall not include any member who has a 2 26 conflict of interest and a statement by a member of a 2 27 conflict of interest shall be conclusive for this 2 28 purpose. A vacancy in the membership does not impair 2 29 the right of a quorum to exercise all rights and 2 30 perform all duties of the board. The advisory 2 31 committee shall: 2 32 Sec. 6. Section 166D.3, subsection 1, Code 1999, 2 33 is amended by striking the subsection. 2 34 Sec. 7. Section 166D.7, subsection 1, paragraph a, 2 35 Code 1999, is amended to read as follows: 2 36 a. The herd shall be certified when all breeding 2 37 swine have reacted negatively to a test. The herd 2 38 must have been free from infection for thirty days 2 39 prior to testing. At least ninety percent of swine in 2 40 the herd must have been on the premises as a part of 2 41 the herd for at least sixty days prior to testing, or 2 42 swine in the herd must have been moved or relocated 2 43 directly from another qualified negative herd. To 2 44 remain certified, the herd must be retested and 2 45 recertified as provided by the department. The herd 2 46 shall be recertified when each month the greater of 2 47 five head of swine or at least ten percent of the 2 48 herd's breeding swine react negatively to a test. 2 49 A herd shall not be certified or recertified, if 2 50 the herd is located within a county which is 3 1 designated by the department as in stage II of the 3 2 national pseudorabies eradication program, pursuant to 3 3 section 166D.11. However, this paragraph does not 3 4 apply if the department exempts a qualified negative 3 5 herd from being vaccinated with a modified-live 3 6 differentiable vaccine as provided in section 166D.11. 3 7 Sec. 8. Section 166D.7, subsection 2, Code 1999, 3 8 is amended by striking the subsection. 3 9 Sec. 9. Section 166D.7, subsection 3, paragraphs a 3 10 and b, Code 1999, are amended to read as follows: 3 11 a. The herd shall be certified when a statistical 3 12 sampling of the herd is determined to be noninfected. 3 13b. ToIn order to remain certified the herd must 3 14 be retested and recertified as provided by the 3 15 department. The herd must be recertified annually. 3 16 The herd shall be recertified when a statistical 3 17 sampling of the herd is determined to be noninfected 3 18 within twelve months from initial certification or the 3 19 most recent recertification. 3 20 A herd shall not be certified or recertified, if 3 21 the herd is located within a county which is 3 22 designated by the department as in stage II of the 3 23 national pseudorabies eradication program, unless the 3 24 herd is vaccinated with a modified-live differentiable 3 25 vaccine pursuant to section 166D.11 and as required by 3 26 the department. 3 27 Sec. 10. Section 166D.7, subsection 4, paragraph 3 28 a, Code 1999, is amended to read as follows: 3 29 a. The herd shall be certified when one hundred 3 30 percent of breeding swine have reacted negatively to a 3 31 test. The herd must have been free from infection for 3 32 thirty days prior to testing. At least ninety percent 3 33 of swine in the herd must have been on the premises as 3 34 a part of the herd for at least sixty days prior to 3 35 testing, or swine in the herd must have been directly 3 36 moveddirectlyor relocated from a qualified negative 3 37 herd or qualified differentiable negative herd. A 3 38 differentiable vaccine must be administered at 3 39 intervals in accordance with the package insert for 3 40 that vaccine. To remain certified, the herd must be 3 41 retested and recertified as provided by the 3 42 department. The herd shall be recertified when either 3 43 of the following occurs: 3 44 (1) Each eighty to one hundred five days at least 3 45 twenty-five percent of the herd's breeding swine react 3 46 negatively to a test. 3 47 (2) Each month at least ten percent of the herd's 3 48 breeding swine react negatively to a test. 3 49 A herd shall not be certified or recertified, if 3 50 the herd is located within a county which is 4 1 designated by the department as in stage II of the 4 2 national pseudorabies eradication program, unless the 4 3 herd is vaccinated with a modified-live differentiable 4 4 vaccine pursuant to section 166D.11 and as required by 4 5 the department. However, this paragraph does not 4 6 apply if the department exempts a qualified 4 7 differentiable negative herd from being vaccinated 4 8 with a modified-live differentiable vaccine as 4 9 provided in section 166D.11. 4 10 Sec. 11. Section 166D.8, Code 1999, is amended to 4 11 read as follows: 4 12 166D.8 INFECTED HERDS. 4 13 An infected herdin a program areawhich is not 4 14 quarantined under section 166D.9, shall either adopt a 4 15 herd cleanup plan, or a feeder pig cooperator herd 4 16 cleanup plan, or shall be quarantined. 4 17 1. a. A herd cleanup planmay include any or a4 18combination of the following:4 19(1) The segregation of progeny with restricted4 20movement. The herd cleanup plan must include the4 21location of the premises that will receive the4 22progeny. The receiving premises shall be quarantined.4 23(2) The testshall apply to a herd, if feeder pigs 4 24 are not moved from the herd. The plan shall provide 4 25 for one of the following: 4 26 (1) The testing of all swine capable of being 4 27 accurately diagnosed with pseudorabies and the removal 4 28 of infected swine from the herd. 4 29(3)(2) Depopulation. 4 30 b.Notwithstanding paragraph "a", breeding swine4 31in an infected herd shall be tested and the infected4 32breeding swine shall be removed from the infected herd4 33in accordance with procedures and by dates established4 34by rules adopted by the department.A herd cleanup 4 35 plan must be implemented as follows: 4 36 (1) If the plan provides for the testing and 4 37 removal of swine, all breeding swine must be tested 4 38 with a differentiable test and react negatively to the 4 39 test within fifteen days after the herd is classified 4 40 by the department as infected. All breeding swine 4 41 reacting positive to the test must be removed as 4 42 provided in this section. At least thirty days after 4 43 removal of the breeding swine testing positive, all 4 44 remaining breeding swine must be tested and react 4 45 negatively to the test. Subsequent testing and 4 46 removal must be conducted as provided in this 4 47 subparagraph until all breeding swine test negative. 4 48 When all breeding swine are tested and react 4 49 negatively to the test, the department shall classify 4 50 the herd as a noninfected herd. 5 1 (2) The herd cleanup plan may provide for the 5 2 relocation of feeder pigs or cull swine. If the plan 5 3 provides for the relocation of feeder pigs, the plan 5 4 must provide for the segregation of feeder pigs and 5 5 identify in writing the approved premises where feeder 5 6 pigs or cull swine may be relocated upon approval by 5 7 the department. 5 8 2. A feeder pig cooperator herd cleanup planmay5 9be adopted ifshall apply to a herd, if feeder pigs 5 10 are moved from the herd. The plan shall include all 5 11 the requirements for a herd cleanup plan. In order to 5 12 be subject to a feeder pig cooperator herd cleanup 5 13 plan all of the following conditionsaremust be 5 14 satisfied: 5 15 a. There must have been no clinical signs of 5 16 pseudorabies during the past thirty days. 5 17 b. The production operation must be capable of 5 18 segregating offspring at weaning into facilities 5 19 separate and apart from the remainder of the herd. 5 20 c.An approved feeder pig cooperator herd plan5 21must be implemented.The feeder pig cooperator herd 5 22 cleanup planmust include the location ofmay provide 5 23 for the movement or relocation of feeder pigs or cull 5 24 swine. If the feeder pig cooperator herd cleanup plan 5 25 provides for the movement or relocation of feeder pigs 5 26 or cull swine, the plan must identify in writing the 5 27 approved premisesthat will receive the progenywhere 5 28 the feeder pigs or cull swine may be moved or 5 29 relocated as provided in section 166D.10B.The5 30receiving premises shall be quarantined.5 313. Infected herds in a program area which have not5 32adopted an official herd cleanup plan or feeder pig5 33cooperator herd plan shall be quarantined.5 344.3. Costs ofprogramtesting and vaccination 5 35shallmay be paid as provided in section166D.55 36 166D.11. 5 37 4.An infected herd outside a program area shall5 38either adopt a herd cleanup plan or a feeder pig5 39cooperator herd plan with restricted movement.An 5 40 infected herd not subject tosucha cleanup plan shall 5 41 be quarantined withinthirtyfifteen days of becoming 5 42 a known infected herdshall be quarantined. An 5 43 infected herd which is not subject to aherdcleanup 5 44plan or a feeder pig cooperator herdplan is a 5 45 quarantined herd. 5 46 5. Swine which is part of a herd subject to a 5 47 cleanup plan shall only be moved or relocated as 5 48 required pursuant to section 166D.10. If the location 5 49 where the herd is kept is an approved premises as 5 50 provided in section 166D.10B, the cleanup plan shall 6 1 include terms and conditions for being certified as an 6 2 approved premises. 6 3 Sec. 12. Section 166D.9, subsections 1 and 2, Code 6 4 1999, are amended by striking the subsections and 6 5 inserting in lieu thereof the following: 6 6 1. Swine which is part of a quarantined herd shall 6 7 only be moved by restricted movement in accordance 6 8 with section 166D.10A. 6 9 Sec. 13. Section 166D.9, subsection 5, Code 1999, 6 10 is amended by striking the subsection. 6 11 Sec. 14. Section 166D.10, subsection 1, paragraph 6 12 b, Code 1999, is amended by adding the following new 6 13 subparagraph: 6 14 NEW SUBPARAGRAPH. (4) The swine have a current 6 15 negative pseudorabies status. 6 16 Sec. 15. Section 166D.10, subsections 3 through 6, 6 17 Code 1999, are amended by striking the subsections and 6 18 inserting in lieu thereof the following: 6 19 3. The following shall govern the movement or 6 20 relocation of swine within this state, other than 6 21 swine moved from an infected herd: 6 22 a. The following shall apply to the movement of 6 23 swine: 6 24 (1) A person shall not move swine for breeding 6 25 purposes, unless one of the following applies: 6 26 (a) The swine is moved from a qualified negative 6 27 herd or qualified differentiable negative herd. 6 28 (b) The swine reacts negatively to a 6 29 differentiable test, within thirty days prior to 6 30 moving the swine. 6 31 (2) A person shall not move swine from a herd of 6 32 unknown origin, unless one of the following applies: 6 33 (a) The swine reacts negatively to a 6 34 differentiable test, within thirty days prior to 6 35 moving the swine. 6 36 (b) The swine moves to a slaughtering 6 37 establishment or a buying station for movement to a 6 38 slaughtering establishment. 6 39 (c) The swine is a feeder pig or cull swine which 6 40 is moved to an approved premises. 6 41 b. A person shall not relocate swine from a herd 6 42 of unknown origin, unless the swine is a feeder pig or 6 43 cull swine which is relocated to an approved premises. 6 44 c. A person shall not move or relocate swine, if 6 45 the swine are moved or relocated from a herd located 6 46 within a county which is designated by the department 6 47 as in stage II of the national pseudorabies 6 48 eradication program, unless the swine reacts 6 49 negatively to a test and is vaccinated as provided in 6 50 section 166D.11. 7 1 4. The following shall govern the movement or 7 2 relocation of swine within this state from an infected 7 3 herd: 7 4 a. The following shall apply to swine that is part 7 5 of a cleanup plan: 7 6 (1) For swine, other than feeder pigs or cull 7 7 swine, which is part of a herd subject to a cleanup 7 8 plan, a person shall only move swine by restricted 7 9 movement to a slaughtering establishment. 7 10 (2) For a feeder pig or cull swine which is part 7 11 of a herd subject to a herd cleanup plan, a person 7 12 shall only move the feeder pig or cull swine by 7 13 restricted movement to a slaughtering establishment or 7 14 relocate the feeder pig or cull swine by restricted 7 15 movement to an approved premises. For a feeder pig or 7 16 cull swine which is part of a feeder pig cooperator 7 17 herd cleanup plan, a person shall only move the feeder 7 18 pig or cull swine by restricted movement to a 7 19 slaughtering establishment or move or relocate the 7 20 feeder pig or cull swine by restricted movement to an 7 21 approved premises. However, a person shall not move 7 22 or relocate a feeder pig or cull swine to an approved 7 23 premises, unless the approved premises is identified 7 24 in a cleanup plan as provided in section 166D.8, or 7 25 the department approves the move or relocation to 7 26 another approved premises. A person shall not move or 7 27 relocate a cull swine to an approved premises, unless 7 28 the cull swine reacts negatively to a test and is 7 29 vaccinated with a differentiable vaccine. The test 7 30 and vaccine must be administered within thirty days 7 31 prior to the movement or relocation to the approved 7 32 premises. A noninfected feeder pig is not required to 7 33 be tested or vaccinated prior to movement or 7 34 relocation to an approved premises, if the feeder pig 7 35 is vaccinated upon arrival at the approved premises. 7 36 (3) For swine from a herd kept on an approved 7 37 premises as provided in section 166D.10B, a person 7 38 shall only move or relocate the swine by restricted 7 39 movement as provided in the cleanup plan governing the 7 40 herd and terms and conditions of the certification 7 41 required for the approved premises as provided in 7 42 section 166D.10B. 7 43 b. For swine which is not part of a herd that is 7 44 subject to a cleanup plan, because the herd is 7 45 quarantined, a person shall only move the swine by 7 46 restricted movement to a slaughtering establishment. 7 47 5. The following shall govern the movement of 7 48 swine into this state: 7 49 a. Swine, other than swine moved to a slaughtering 7 50 establishment, shall not be moved into this state 8 1 unless the swine originate from a noninfected herd. 8 2 b. Except as provided in this section, the owner 8 3 of swine shall vaccinate the swine with a 8 4 differentiable vaccine prior to moving swine into this 8 5 state. Once in this state, the owner of the swine 8 6 shall test the swine with a differentiable test within 8 7 thirty days after the swine is moved to a herd in this 8 8 state. A person is not required to vaccinate swine 8 9 prior to moving swine into this state or test the 8 10 swine after the swine has been moved to a herd in this 8 11 state, as otherwise provided in this paragraph, if one 8 12 of the following applies: 8 13 (1) The swine is part of a herd that cannot be 8 14 vaccinated under the law of the state in which the 8 15 herd is kept immediately prior to being moved into 8 16 this state. 8 17 (2) The swine is an isowean feeder pig. 8 18 (3) The swine is moved to a slaughtering 8 19 establishment. 8 20 c. For swine, which is not vaccinated before being 8 21 moved into this state as provided in this subsection, 8 22 the following shall apply: 8 23 (1) For swine other than swine moved into this 8 24 state as an isowean feeder pig, the owner of the swine 8 25 must test the swine with a differentiable test within 8 26 forty-eight hours after the swine moves into this 8 27 state. If the swine reacts positively to the test, 8 28 the swine must be moved by restricted movement as 8 29 provided in this section. If the swine reacts 8 30 negatively to the test, the swine must be immediately 8 31 vaccinated with a differentiable vaccine. The swine 8 32 shall be considered as part of a herd of unknown 8 33 status, until tested negative and vaccinated or moved 8 34 or relocated by restrictive movement. 8 35 (2) For swine moved into this state as an isowean 8 36 feeder pig, the owner of the swine must test the swine 8 37 with a differentiable test when the swine first 8 38 reaches a weight of more than twenty pounds. If the 8 39 swine reacts positively to the test, the swine must be 8 40 moved by restricted movement as provided in this 8 41 section. If the swine reacts negatively to the test, 8 42 the swine must be immediately vaccinated with a 8 43 differentiable vaccine. The department may require 8 44 that the swine be revaccinated with a differentiable 8 45 vaccine at a later date. The swine shall be 8 46 considered as part of a herd of unknown status, until 8 47 tested negative and vaccinated or moved or relocated 8 48 by restrictive movement. 8 49 d. If the swine is located within a county which 8 50 is designated by the department as in stage II of the 9 1 national pseudorabies eradication program, the swine 9 2 shall be vaccinated with a modified-live 9 3 differentiable vaccine as provided in section 166D.11. 9 4 6. Swine moved under this section to a 9 5 slaughtering establishment shall be moved for purpose 9 6 of slaughter. Swine moved or relocated to an approved 9 7 premises shall be moved or relocated for purposes of 9 8 feeding prior to slaughter as provided in section 9 9 166D.10B. 9 10 Sec. 16. NEW SECTION. 166D.10A RESTRICTED 9 11 MOVEMENT – REQUIREMENTS. 9 12 1. If swine must be moved or relocated by 9 13 restricted movement as provided in section 166D.10, 9 14 the swine shall only be transported by direct 9 15 movement. 9 16 2. a. If a person moves or relocates swine 9 17 subject to restricted movement, the person shall only 9 18 move the swine to a slaughtering establishment or move 9 19 or relocate the swine to an approved premises. 9 20 b. If a person receives swine subject to 9 21 restricted movement, the person shall only receive the 9 22 swine at a slaughtering establishment or an approved 9 23 premises. 9 24 3. Swine required to be moved or relocated by 9 25 restricted movement must be accompanied by a 9 26 restricted movement permit, as provided by rules which 9 27 must be adopted by the department. The department 9 28 shall issue a restricted movement permit to the person 9 29 moving or relocating the swine. The permit shall 9 30 include information required by the department, which 9 31 shall at least include a description of the swine, the 9 32 name and address of the owner, the name and address of 9 33 the person receiving the swine, the date of movement 9 34 or relocation, and the seal number as prescribed by 9 35 the department, if a seal is required. The moved or 9 36 relocated swine must also be accompanied by a 9 37 transportation certificate and certificate of 9 38 inspection, if required in section 166D.10. 9 39 4. a. Except as provided in this section, a 9 40 vehicle moving swine under restricted movement shall 9 41 contain a cargo area for the swine which shall be 9 42 sealed to prevent access. The seal shall conform with 9 43 requirements adopted by the department. Each seal 9 44 shall be identified by number as required by the 9 45 department. The vehicle shall be sealed by an 9 46 accredited veterinarian at the premises where the 9 47 swine are kept. The seal shall only be removed by a 9 48 departmental official, an accredited veterinarian, an 9 49 official of the United States department of 9 50 agriculture, or the person authorized by the 10 1 department to receive the swine upon arrival at the 10 2 slaughtering establishment or approved premises. 10 3 b. The department may adopt rules or issue an 10 4 order to provide that a vehicle moving or relocating 10 5 feeder swine from a herd which is subject to a cleanup 10 6 plan is not required to be sealed as otherwise 10 7 provided in this subsection, if the herd is kept and 10 8 moved or relocated in compliance with the cleanup 10 9 plan. 10 10 Sec. 17. NEW SECTION. 166D.10B APPROVED 10 11 PREMISES. 10 12 1. A person shall not maintain swine other than 10 13 feeder swine or cull swine for further feeding for 10 14 slaughter at an approved premises. 10 15 a. A person shall not move or relocate swine to an 10 16 approved premises, unless the swine is one of the 10 17 following: 10 18 (1) A feeder pig. 10 19 (2) A cull swine. 10 20 b. A person shall not receive swine at an approved 10 21 premises, unless the swine is one of the following: 10 22 (1) A feeder pig. 10 23 (2) A cull swine. 10 24 2. If swine are moved or relocated to an approved 10 25 premises, the following shall apply: 10 26 a. A cull swine shall not be moved or relocated to 10 27 an approved premises, unless the cull swine reacts 10 28 negatively to a test and is vaccinated prior to the 10 29 movement or relocation, as provided in section 10 30 166D.10. 10 31 b. A noninfected feeder pig must be vaccinated 10 32 upon arrival at the approved premises. 10 33 3. Dead swine must be disposed of in accordance 10 34 with chapter 167. The dead swine must be held so as 10 35 to prevent animals, including wild animals and 10 36 livestock, from reaching the dead swine. 10 37 4. An approved premises must be located at least 10 38 one and one-half miles from a noninfected herd. 10 39 However, the approved premises must be located at 10 40 least three miles from a qualified negative herd or a 10 41 qualified differentiable negative herd. 10 42 5. An approved premises shall not be located in 10 43 any of the following: 10 44 a. A county in stage III of the national 10 45 pseudorabies eradication program, as designated by the 10 46 department. 10 47 b. A county which has a zero percent prevalence of 10 48 infection among all herds in the county at any time on 10 49 or after March 1, 2000, regardless of whether the 10 50 county subsequently has a greater than zero percent 11 1 prevalence of infection among all herds in the county. 11 2 6. A feeder pig or a cull swine may be kept at the 11 3 approved premises only for purposes of feeding and 11 4 restricted movement as provided in section 166D.10A. 11 5 7. a. The department must certify a location as 11 6 an approved premises pursuant to rules adopted by the 11 7 department. The department may adopt rules providing 11 8 for the renewal, suspension, or termination of a 11 9 certification. The terms and conditions of the 11 10 certification shall be part of the cleanup plan 11 11 required for the herd kept at the location pursuant to 11 12 section 166D.8. At a minimum, a location is certified 11 13 as an approved premises, as long as all of the 11 14 following apply: 11 15 (1) The approved premises complies with the 11 16 requirements of this section and rules adopted by the 11 17 department. 11 18 (2) The owner of the approved premises or the 11 19 person managing the approved premises provides to the 11 20 department during normal business hours access to the 11 21 approved premises and records required by this 11 22 subparagraph. Records of swine transfers must be kept 11 23 for at least one year. Records of vaccinations 11 24 occurring on the approved premises must be maintained 11 25 by the owner for at least one year after vaccination. 11 26 The records shall include information about purchases 11 27 and sales, the names of buyers and sellers, the dates 11 28 of transactions, and the number of swine involved in 11 29 each transaction. 11 30 b. The department shall terminate the 11 31 certification of an approved premises, if the county 11 32 in which the approved premises is located has a zero 11 33 percent prevalence of infection among all herds in the 11 34 county, not counting a herd kept at the approved 11 35 premises. The department shall provide for the 11 36 suspension or termination of the certification for a 11 37 violation of a term or condition of the certification. 11 38 When a certification is suspended, terminated, or not 11 39 renewed, the location shall remain under a cleanup 11 40 plan until released pursuant to the provisions of 11 41 section 166D.8. 11 42 Sec. 18. Section 166D.11, Code 1999, is amended to 11 43 read as follows: 11 44 166D.11DIFFERENTIABLE VACCINE REQUIRED11 45 VACCINATION AND TESTING REQUIREMENTS. 11 46 1.Beginning on December 1, 1989, swineSwine 11 47 other than unvaccinated or differentiable vaccinated 11 48 swine shall not be sold, marketed, or moved within 11 49 this state, except to slaughter or to an approved 11 50 premisesby certificate of inspection, as provided in 12 1 section 166D.10B. 12 2 2. The secretary shall disapprove for use in this 12 3 stateon and after July 1, 1991,any vaccine that is 12 4 not a differentiable vaccine. 12 5 3. a. Except as provided in this section, swine 12 6 within a county which is designated by the department 12 7 as in stage II of the national pseudorabies 12 8 eradication program shall be vaccinated with a 12 9 modified-live differentiable vaccine. The swine 12 10 located in a stage II county shall be vaccinated as 12 11 follows: 12 12 (1) Except as provided in subparagraph (2), the 12 13 following applies: 12 14 (a) Breeding swine which shall at a minimum 12 15 receive quarterly vaccinations. 12 16 (b) Feeder swine which shall at a minimum receive 12 17 one vaccination. The feeder swine shall be vaccinated 12 18 when the feeder swine reach eight to twelve weeks of 12 19 age or one hundred pounds, whichever occurs earlier. 12 20 (2) If swine are required to be vaccinated prior 12 21 to or after movement, as provided in section 166D.10, 12 22 to a stage II county, the swine shall be vaccinated 12 23 with a modified-live differentiable vaccine as 12 24 otherwise required in that section. 12 25 b. The department may adopt rules or issue an 12 26 order that exempts swine from being vaccinated with a 12 27 modified-live vaccine, as provided in this subsection, 12 28 based on any of the following: 12 29 (1) The swine is part of a qualified negative herd 12 30 or a qualified differentiable negative herd. 12 31 (2) The swine belong to a herd located within a 12 32 county, if all of the following applies: 12 33 (a) The county has a history of zero percent 12 34 prevalence of infection among all herds in the county, 12 35 regardless of whether the county currently has a 12 36 higher than zero percent prevalence of infection among 12 37 all herds in the county. 12 38 (b) All contiguous counties have a zero percent 12 39 prevalence of infection among herds in that county, as 12 40 designated by the department. 12 41 4. a. The person who owns the swine when the 12 42 swine is required to be vaccinated under this chapter, 12 43 shall be solely liable for providing the vaccine and 12 44 administering the vaccination. A noninfected feeder 12 45 pig required to be vaccinated upon arrival at an 12 46 approved premises as provided in section 166D.10B 12 47 shall be vaccinated at the expenses of the owner who 12 48 moves the feeder pig. If the swine is moved into this 12 49 state, the owner shall be deemed to be the person who 12 50 owns the swine immediately prior to movement. 13 1 b. This subsection does not prohibit the owner of 13 2 swine from contracting with a person, including a 13 3 person receiving ownership of swine moved into this 13 4 state, to provide the vaccination, if the person 13 5 receives fair compensation for providing the 13 6 vaccination and the sale price for the swine is not 13 7 increased because the owner must comply with this 13 8 subsection. 13 9 5. The cost, or any segment of the cost, of 13 10 purchasing a laboratory product used for testing and 13 11 vaccination provided in this chapter may be paid for 13 12 by federal or state funds or a combination of both. 13 13 Federal or state funds shall not be paid to the owner 13 14 of a vaccinated herd other than the owner of a herd 13 15 vaccinated with a modified-live differentiable 13 16 vaccine. 13 17 Sec. 19. Section 166D.12, Code 1999, is amended by 13 18 striking the section and inserting in lieu thereof the 13 19 following: 13 20 166D.12 CONCENTRATION POINTS. 13 21 A person shall not move through a concentration 13 22 point, except as provided in this section. 13 23 1. If the swine is from a noninfected herd, the 13 24 swine may be moved through any concentration point. 13 25 All of the following shall apply: 13 26 a. Breeding swine must be kept separate and apart 13 27 from feeder pigs. 13 28 b. Breeding swine must be sold first. 13 29 2. If the swine is from a herd of unknown origin, 13 30 the swine may be moved only through a buying station, 13 31 as required by the department. 13 32 3. If the swine is from an infected herd or is 13 33 exposed swine, the swine shall not be moved through a 13 34 concentration point. 13 35 Sec. 20. Section 166D.16, unnumbered paragraph 1, 13 36 Code 1999, is amended to read as follows: 13 37 1. The provisions of this chapter including 13 38 departmental rules adopted pursuant to this chapter 13 39 shall be administered and enforced by the department. 13 40 2.AExcept as provided in this subsection, a 13 41 person violating a provision of this chapter or any 13 42 rule adopted pursuant to this chapter shall be subject 13 43 to a civil penalty of at least one hundred dollars but 13 44 not more than one thousand dollars. 13 45 a.However, aA person who falsifies a certificate 13 46 of inspection issued pursuant to this chapter shall be 13 47 subject to a civil penalty of not more than five 13 48 thousand dollars for each swine falsified on the 13 49 certificate. A person shall not be subject to a civil 13 50 penalty totaling more than twenty-five thousand 14 1 dollars for falsifying a certificate, regardless of 14 2 the number of swine falsified on the certificate. 14 3 b. The person who owns swine when the swine is 14 4 required to be vaccinated under this chapter shall be 14 5 subject to a civil penalty of two dollars for each 14 6 swine which is not vaccinated as required. 14 7 Sec. 21. Sections 166D.4 and 166D.5, Code 1999, 14 8 are repealed. 14 9 Sec. 22. RULEMAKING. The department of 14 10 agriculture and land stewardship shall adopt rules 14 11 necessary to implement this Act. Such rules shall be 14 12 effective immediately upon adoption and filing in the 14 13 governor's office after publication under notice and 14 14 after the administrative rules review committee has 14 15 had an opportunity to review the noticed rules, as 14 16 provided in chapter 17A. 14 17 Sec. 23. IMPLEMENTATION. The department shall 14 18 provide for the implementation of this Act based on a 14 19 schedule adopted by departmental rules. However, the 14 20 department shall implement all provisions of this Act 14 21 by August 1, 2000. 14 22 Sec. 24. EFFECTIVE DATE. This Act, being deemed 14 23 of immediate importance, takes effect upon enactment." 14 24 #2. Title page, by striking line 2, and inserting 14 25 the following: "applicable, for implementation, and 14 26 providing an effective date." 14 27 14 28 14 29 14 30 GREINER of Washington 14 31 14 32 14 33 14 34 KLEMME of Plymouth 14 35 14 36 14 37 14 38 DREES of Carroll 14 39 HF 2490.801 78 14 40 da/gg
Text: H08637 Text: H08639 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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