Text: S05345 Text: S05347 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2312 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. 7A. "Cleanup plan" means a herd 1 7 cleanup plan or feeder pig cooperator herd cleanup 1 8 plan as provided in section 166D.8. 1 9 NEW SUBSECTION. 8A. "Cull swine" means mature 1 10 swine fed for purposes of direct slaughter. However, 1 11 "cull swine" does not include swine kept for purposes 1 12 of breeding or reproduction. 1 13 NEW SUBSECTION. 19A. "Fixed concentration point" 1 14 means a concentration point which is a permanent 1 15 location where swine are assembled for purposes of 1 16 sale and movement to a slaughtering establishment as 1 17 provided in section 166D.12. 1 18 NEW SUBSECTION. 26A. "Isowean feeder pig" means a 1 19 feeder pig that weighs twenty pounds or less. 1 20 NEW SUBSECTION. 44A. "Stage II county" means a 1 21 county designated by the department as in stage II of 1 22 the national pseudorabies eradication program. 1 23 Sec. 2. Section 166D.2, subsections 2, 11, 17, 19, 1 24 38, and 42, Code 1999, are amended to read as follows: 1 25 2. "Approved premises" means a dry lot facility 1 26 located in an area with confirmed cases of 1 27 pseudorabies infection, which isauthorizedcertified 1 28 by the department to receive,hold, orand feed and 1 29 move or relocate infected swine, exposed animals, or1 30swine of unknown statusas provided in section 1 31 166D.10B.The premises and all swine on the premises1 32shall be considered under quarantine. However, swine1 33may be moved to slaughter under a transportation1 34certificate or may be moved to another pseudorabies1 35approved premises under a certificate of inspection.1 36 11. "Differentiable vaccine" means a vaccine which 1 37 has a licensed companion differentiable test, and 1 38 includes a modified-live differentiable vaccine. 1 39 17. "Feeder pig" means an immature swine fed for 1 40 purposes of direct slaughter whichisweighs one 1 41 hundred pounds or lessthan slaughter weight. 1 42 19. "Feeder swine" meansa porcine animalswine 1 43 fed for purposes of direct slaughter, including feeder 1 44 pigs,and cullsows, and boarsswine. However, 1 45 "feeder swine" does not includeanimalsswine kept for 1 46 purposes of breeding or reproduction. 1 47 38. "Quarantined herd" means a herd in which 1 48 pseudorabies infected or exposed swine are bred, 1 49 reared, or fed under the supervision and control of 1 50 the department, as provided in section 166D.9.Swine2 1in a quarantined herd may be moved only to an approved2 2premises for feeding or to a recognized slaughtering2 3establishment for slaughter. Either movement may be2 4completed through a concentration point in compliance2 5with section 166D.12.2 6 42. "Restricted movement" means swine which are 2 7quarantined until directly moved to slaughtermoved or 2 8 relocated as provided in section 166D.10A. 2 9 Sec. 3. Section 166D.2, subsections 4, 5, and 34, 2 10 Code 1999, are amended by striking the subsections. 2 11 Sec. 4. Section 166D.2, subsection 32, paragraph 2 12 c, Code 1999, is amended by striking the paragraph. 2 13 Sec. 5. Section 166D.3, unnumbered paragraph 1, 2 14 Code 1999, is amended to read as follows: 2 15 A state pseudorabies advisory committee is 2 16 established. The committee shall consist of not more 2 17 than seven members who shall be appointed by the Iowa 2 18 pork producers association. At least four members of 2 19 the committee must be actively engaged in swine 2 20 production. The members shall serve staggered terms 2 21 of two years, except that the initial board members 2 22 shall serve unequal terms. A person appointed to fill 2 23 a vacancy for a member shall serve only for the 2 24 unexpired portion of the term. A member is eligible 2 25 for reappointment for three successive terms. A 2 26 majority of the board constitutes a quorum and an 2 27 affirmative vote of the majority of members is 2 28 necessary for substantive action taken by the board. 2 29 The majority shall not include any member who has a 2 30 conflict of interest and a statement by a member of a 2 31 conflict of interest shall be conclusive for this 2 32 purpose. A vacancy in the membership does not impair 2 33 the right of a quorum to exercise all rights and 2 34 perform all duties of the board. The advisory 2 35 committee shall: 2 36 Sec. 6. Section 166D.3, subsection 1, Code 1999, 2 37 is amended by striking the subsection. 2 38 Sec. 7. Section 166D.7, subsection 1, paragraph a, 2 39 Code 1999, is amended to read as follows: 2 40 a. The herd shall be certified when all breeding 2 41 swine have reacted negatively to a test. The herd 2 42 must have been free from infection for thirty days 2 43 prior to testing. At least ninety percent of swine in 2 44 the herd must have been on the premises as a part of 2 45 the herd for at least sixty days prior to testing, or 2 46 swine in the herd must have been moved or relocated 2 47 directly from another qualified negative herd. To 2 48 remain certified, the herd must be retested and 2 49 recertified as provided by the department. The herd 2 50 shall be recertified when each month the greater of 3 1 five head of swine or at least ten percent of the 3 2 herd's breeding swine react negatively to a test. 3 3 Sec. 8. Section 166D.7, subsection 2, Code 1999, 3 4 is amended by striking the subsection. 3 5 Sec. 9. Section 166D.7, subsection 3, paragraphs a 3 6 and b, Code 1999, are amended to read as follows: 3 7 a. The herd shall be certified when a statistical 3 8 sampling of the herd is determined to be noninfected. 3 9 b.ToIn order to remain certified the herd must 3 10 be retested and recertified as provided by the 3 11 department. The herd must be recertified annually. 3 12 The herd shall be recertified when a statistical 3 13 sampling of the herd is determined to be noninfected 3 14 within twelve months from initial certification or the 3 15 most recent recertification. 3 16 A herd shall not be certified or recertified, if 3 17 the herd is located within a county which is 3 18 designated by the department as in stage II of the 3 19 national pseudorabies eradication program, unless the 3 20 herd is vaccinated with a modified-live differentiable 3 21 vaccine pursuant to section 166D.11 and as required by 3 22 the department. 3 23 Sec. 10. Section 166D.7, subsection 4, paragraph 3 24 a, Code 1999, is amended to read as follows: 3 25 a. The herd shall be certified when one hundred 3 26 percent of breeding swine have reacted negatively to a 3 27 test. The herd must have been free from infection for 3 28 thirty days prior to testing. At least ninety percent 3 29 of swine in the herd must have been on the premises as 3 30 a part of the herd for at least sixty days prior to 3 31 testing, or swine in the herd must have been directly 3 32 moveddirectlyor relocated from a qualified negative 3 33 herd or qualified differentiable negative herd. A 3 34 differentiable vaccine must be administered at 3 35 intervals in accordance with the package insert for 3 36 that vaccine. To remain certified, the herd must be 3 37 retested and recertified as provided by the 3 38 department. The herd shall be recertified wheneither3 39of the following occurs:3 40(1) Each eighty to one hundred fiveeach thirty 3 41 days at least twenty-five percent of the herd's 3 42 breeding swine react negatively to a test. 3 43(2) Each month at least ten percent of the herd's3 44breeding swine react negatively to a test.3 45 Sec. 11. Section 166D.8, Code 1999, is amended to 3 46 read as follows: 3 47 166D.8 INFECTED HERDS. 3 48 An infected herdin a program areawhich is not 3 49 quarantined under section 166D.9, shall either adopt a 3 50 herd cleanup plan, or a feeder pig cooperator herd 4 1 cleanup plan, or shall be quarantined. 4 2 1. a. A herd cleanup planmay include any or a4 3combination of the following:4 4(1) The segregation of progeny with restricted4 5movement. The herd cleanup plan must include the4 6location of the premises that will receive the4 7progeny. The receiving premises shall be quarantined.4 8(2) The testshall apply to a herd, if feeder pigs 4 9 are not moved from the herd. The plan shall provide 4 10 for one of the following: 4 11 (1) The testing of all swine capable of being 4 12 accurately diagnosed with pseudorabies and the removal 4 13 of infected swine from the herd. 4 14(3)(2) Depopulation. 4 15 b.Notwithstanding paragraph "a", breeding swine4 16in an infected herd shall be tested and the infected4 17breeding swine shall be removed from the infected herd4 18in accordance with procedures and by dates established4 19by rules adopted by the department.A herd cleanup 4 20 plan must be implemented as follows: 4 21 (1) If the plan provides for the testing and 4 22 removal of swine, all breeding swine must be tested 4 23 with a differentiable test and react negatively to the 4 24 test within fifteen days after the herd is classified 4 25 by the department as infected. All breeding swine 4 26 reacting positively to the test must be removed as 4 27 provided in this section. At least thirty days after 4 28 removal of the breeding swine reacting positively, all 4 29 remaining breeding swine must be tested and react 4 30 negatively to the test. Subsequent testing and 4 31 removal must be conducted as provided in this 4 32 subparagraph until all breeding swine react 4 33 negatively. When all breeding swine are tested and 4 34 react negatively to the test, the department shall 4 35 classify the herd as a noninfected herd. 4 36 (2) The herd cleanup plan may provide for the 4 37 relocation of feeder pigs or cull swine. If the plan 4 38 provides for the relocation of feeder pigs, the plan 4 39 must provide for the segregation of feeder pigs and 4 40 identify in writing the approved premises where feeder 4 41 pigs or cull swine may be relocated upon approval by 4 42 the department. 4 43 2. a. A feeder pig cooperator herd cleanup plan 4 44may be adopted ifshall apply to a herd, if feeder 4 45 pigs are moved from the herd. The plan shall include 4 46 all the requirements for a herd cleanup plan. In 4 47 order to be subject to a feeder pig cooperator herd 4 48 cleanup plan all of the following conditionsaremust 4 49 be satisfied: 4 50a.(1) There must have been no clinical signs of 5 1 pseudorabies during the past thirty days. 5 2b.(2) The production operation must be capable of 5 3 segregating offspring at weaning into facilities 5 4 separate and apart from the remainder of the herd. 5 5c.b.An approved feeder pig cooperator herd plan5 6must be implemented.The feeder pig cooperator herd 5 7 cleanup planmust include the location ofmay provide 5 8 for the movement or relocation of feeder pigs or cull 5 9 swine. If the feeder pig cooperator herd cleanup plan 5 10 provides for the movement or relocation of feeder pigs 5 11 or cull swine, the plan must identify in writing the 5 12 approved premisesthat will receive the progenywhere 5 13 the feeder pigs or cull swine may be moved or 5 14 relocated as provided in section 166D.10B.The5 15receiving premises shall be quarantined.5 163. Infected herds in a program area which have not5 17adopted an official herd cleanup plan or feeder pig5 18cooperator herd plan shall be quarantined.5 194.3. Costs ofprogramtesting and vaccination 5 20shallmay be paid as provided in section166D.55 21 166D.11. 5 22 4.An infected herd outside a program area shall5 23either adopt a herd cleanup plan or a feeder pig5 24cooperator herd plan with restricted movement.An 5 25 infected herd not subject tosucha cleanup plan shall 5 26 be quarantined withinthirtyfifteen days of becoming 5 27 a known infected herdshall be quarantined. An 5 28 infected herd which is not subject to aherdcleanup 5 29plan or a feeder pig cooperator herdplan is a 5 30 quarantined herd. 5 31 5. Swine which is part of a herd subject to a 5 32 cleanup plan shall only be moved or relocated as 5 33 required pursuant to section 166D.10. If the location 5 34 where the herd is kept is an approved premises as 5 35 provided in section 166D.10B, the cleanup plan shall 5 36 include terms and conditions for being certified as an 5 37 approved premises. 5 38 Sec. 12. Section 166D.9, subsections 1 and 2, Code 5 39 1999, are amended by striking the subsections and 5 40 inserting in lieu thereof the following: 5 41 1. Swine which is part of a quarantined herd shall 5 42 only be moved by restricted movement in accordance 5 43 with section 166D.10A. 5 44 Sec. 13. Section 166D.9, subsection 5, Code 1999, 5 45 is amended by striking the subsection. 5 46 Sec. 14. Section 166D.10, subsection 1, paragraph 5 47 b, Code 1999, is amended by adding the following new 5 48 subparagraph: 5 49 NEW SUBPARAGRAPH. (4) The swine have a current 5 50 negative pseudorabies status. 6 1 Sec. 15. Section 166D.10, subsections 3 through 6, 6 2 Code 1999, are amended by striking the subsections and 6 3 inserting in lieu thereof the following: 6 4 3. Swine from a herd located within this state 6 5 must be moved or relocated in compliance with this 6 6 section. If the swine is moved or relocated from a 6 7 herd located within a county which is designated by 6 8 the department as in stage II of the national 6 9 pseudorabies eradication program, the swine shall not 6 10 be moved or relocated unless in compliance with 6 11 section 166D.11. Regardless of whether the swine is 6 12 from a herd located in a stage II county, the 6 13 following shall govern the movement or relocation of 6 14 swine within this state: 6 15 a. For swine from a noninfected herd, a person 6 16 shall not move swine for breeding purposes, unless one 6 17 of the following applies: 6 18 (1) The swine is moved from a qualified negative 6 19 herd or qualified differentiable negative herd. 6 20 (2) The swine reacts negatively to a 6 21 differentiable test, within thirty days prior to 6 22 moving the swine. 6 23 b. For swine which is exposed or swine from a herd 6 24 of unknown status, a person shall not move or relocate 6 25 the swine, unless one of the following applies: 6 26 (1) The swine reacts negatively to a 6 27 differentiable test within thirty days prior to moving 6 28 or relocating the swine. 6 29 (2) The swine moves by restricted movement to 6 30 either a fixed concentration point or slaughtering 6 31 establishment. 6 32 c. For swine which is from an infected herd, a 6 33 person shall not move or relocate the swine, unless 6 34 one of the following applies: 6 35 (1) If the swine is part of a cleanup plan, the 6 36 following shall apply: 6 37 (a) For swine, other than feeder pigs or cull 6 38 swine, which is part of a herd subject to a cleanup 6 39 plan, a person shall only move swine by restricted 6 40 movement to either a fixed concentration point or 6 41 slaughtering establishment. A person shall not 6 42 relocate the swine. 6 43 (b) For a feeder pig or cull swine which is part 6 44 of a herd subject to a herd cleanup plan, a person 6 45 shall only move the feeder pig or cull swine by 6 46 restricted movement to either a fixed concentration 6 47 point or slaughtering establishment or relocate the 6 48 feeder pig or cull swine by restricted movement to an 6 49 approved premises. For a feeder pig or cull swine 6 50 which is part of a feeder pig cooperator herd cleanup 7 1 plan, a person shall only move the feeder pig or cull 7 2 swine by restricted movement to either a fixed 7 3 concentration point or slaughtering establishment or 7 4 move or relocate the feeder pig or cull swine by 7 5 restricted movement to an approved premises. However, 7 6 a person shall not move or relocate a feeder pig or 7 7 cull swine to an approved premises, unless the 7 8 approved premises is identified in a cleanup plan as 7 9 provided in section 166D.8, or the department approves 7 10 the move or relocation to another approved premises. 7 11 A person shall not move or relocate a cull swine to an 7 12 approved premises, unless the cull swine reacts 7 13 negatively to a test and is vaccinated with a 7 14 differentiable vaccine. The test and vaccine must be 7 15 administered within thirty days prior to the movement 7 16 or relocation to the approved premises. A noninfected 7 17 feeder pig is not required to be tested or vaccinated 7 18 prior to movement or relocation to an approved 7 19 premises, if the feeder pig is vaccinated upon arrival 7 20 at the approved premises. 7 21 (c) For swine from a herd kept on an approved 7 22 premises, a person shall only move or relocate the 7 23 swine by restricted movement as provided in the 7 24 cleanup plan governing the herd and terms and 7 25 conditions of the certification required for the 7 26 approved premises as provided in section 166D.10B. 7 27 (2) If the swine is not part of a herd that is 7 28 subject to a cleanup plan, because the herd is 7 29 quarantined, a person shall only move the swine by 7 30 restricted movement to either a fixed concentration 7 31 point or slaughtering establishment. 7 32 4. Swine from a herd located outside this state 7 33 must be moved into and maintained in this state in 7 34 compliance with this section. A person shall not move 7 35 swine into this state, except as follows: 7 36 a. For swine from a herd, other than a noninfected 7 37 herd, the swine must be moved either to a fixed 7 38 concentration point or slaughtering establishment. 7 39 b. For swine from a noninfected herd, the swine 7 40 may be moved to a concentration point or slaughtering 7 41 establishment. If the swine is not moved to a 7 42 concentration point or slaughtering establishment, the 7 43 following shall apply: 7 44 (1) Unless the person moves the swine into a 7 45 county designated by the department as in stage II of 7 46 the national pseudorabies eradication program, the 7 47 following shall apply: 7 48 (a) A person shall not move swine into this state 7 49 for breeding purposes, unless one of the following 7 50 applies: 8 1 (i) The swine is moved from a qualified negative 8 2 herd or qualified differentiable negative herd. 8 3 (ii) The swine reacts negatively to a 8 4 differentiable test, within thirty days prior to 8 5 moving the swine. 8 6 (b) A person shall not move feeder swine which is 8 7 moved into this state, unless the feeder swine reacts 8 8 negatively to a differentiable test within thirty days 8 9 prior to movement from a herd in this state. 8 10 (2) If a person moves the swine into a county 8 11 which is designated by the department as in stage II 8 12 of the national pseudorabies eradication program, the 8 13 following shall apply: 8 14 (a) Except as provided in this subparagraph, the 8 15 owner of swine shall vaccinate the swine with a 8 16 modified-live differentiable vaccine, prior to moving 8 17 swine into the stage II county. A statistical 8 18 sampling of the swine moved into a herd as provided in 8 19 this subparagraph shall be tested using a 8 20 differentiable test within thirty days after the swine 8 21 is moved to a herd in this state. If a swine reacts 8 22 positively to the test, the herd is an infected herd. 8 23 A person is not required to vaccinate swine prior to 8 24 moving swine into the stage II county or test the 8 25 swine after the swine has been moved to a herd in the 8 26 stage II county, if one of the following applies: 8 27 (i) The swine is part of a herd that cannot be 8 28 vaccinated under the law of the state or country in 8 29 which the herd is kept immediately prior to being 8 30 moved into the stage II county. 8 31 (ii) The swine is an isowean feeder pig. 8 32 (iii) The swine is moved either to a fixed 8 33 concentration point or slaughtering establishment. 8 34 (b) For swine, which is not vaccinated before 8 35 being moved into a stage II county as provided in this 8 36 paragraph, the following shall apply: 8 37 (i) For swine other than swine moved into a herd 8 38 within a stage II county as an isowean feeder pig, a 8 39 statistical sampling of the swine moved into the herd 8 40 shall be tested using a differentiable test within 8 41 forty-eight hours after the swine moves to a herd in 8 42 this state. If a swine reacts positively to the test, 8 43 the herd is an infected herd. If, according to the 8 44 statistical sampling, the swine moved into the herd 8 45 reacts negatively to the test, all moved swine must be 8 46 immediately vaccinated with a differentiable vaccine, 8 47 as provided in section 166D.11. The swine shall be 8 48 considered as part of a herd of unknown status, until 8 49 tested negative and vaccinated. 8 50 (ii) For swine moved into a herd within a stage II 9 1 county as an isowean feeder pig, a statistical 9 2 sampling of the swine moved into the herd shall be 9 3 tested using a differentiable test when a majority of 9 4 swine moved together into the herd as isowean feeder 9 5 pigs reach a weight of more than twenty pounds. If a 9 6 swine reacts positively to the test, the herd is an 9 7 infected herd. If, according to the statistical 9 8 sampling, the swine moved into the herd reacts 9 9 negatively to the test, all swine moved into the herd 9 10 must be immediately vaccinated with a differentiable 9 11 vaccine, as provided in section 166D.11. The 9 12 department may require that the swine be revaccinated 9 13 with a differentiable vaccine at a later date. The 9 14 swine shall be considered as part of a herd of unknown 9 15 status, until tested negative and vaccinated. 9 16 5. A person shall not move swine within this 9 17 state, other than to a fixed concentration point or 9 18 slaughtering establishment, if the swine is vaccinated 9 19 with a vaccine other than a differentiable vaccine 9 20 approved by the department pursuant to section 9 21 166D.14. 9 22 6. Known infected swine moved through a fixed 9 23 concentration point, other than a buying station of a 9 24 slaughtering establishment, shall only be moved by 9 25 restricted movement to a slaughtering establishment. 9 26 7. Swine moved under this section to a 9 27 slaughtering establishment shall be for the exclusive 9 28 purpose of slaughtering the swine. Swine moved under 9 29 this section to a fixed concentration point shall be 9 30 for the exclusive purpose of immediately moving the 9 31 swine to a slaughtering establishment. Swine moved or 9 32 relocated under this section to an approved premises 9 33 shall be for the exclusive purpose of feeding the 9 34 swine prior to movement or relocation to another 9 35 approved premises, or movement to either a fixed 9 36 concentration point or a slaughtering establishment. 9 37 Sec. 16. NEW SECTION. 166D.10A RESTRICTED 9 38 MOVEMENT – REQUIREMENTS. 9 39 1. If swine must be moved or relocated by 9 40 restricted movement as provided in section 166D.10, 9 41 the swine shall only be transported by direct 9 42 movement. 9 43 2. a. If a person moves or relocates swine 9 44 subject to restricted movement, the person shall only 9 45 move the swine to either a fixed concentration point 9 46 or slaughtering establishment or move or relocate the 9 47 swine to an approved premises. 9 48 b. If a person receives swine subject to 9 49 restricted movement, the person shall only receive the 9 50 swine at either a fixed concentration point or 10 1 slaughtering establishment or an approved premises. 10 2 3. Swine required to be moved or relocated by 10 3 restricted movement must be accompanied by a 10 4 restricted movement permit, as provided by rules which 10 5 must be adopted by the department. The department 10 6 shall issue a restricted movement permit to the person 10 7 moving or relocating the swine. The permit shall 10 8 include information required by the department, which 10 9 shall at least include a description of the swine, the 10 10 name and address of the owner, the name and address of 10 11 the person receiving the swine, the date of movement 10 12 or relocation, and the seal number as prescribed by 10 13 the department, if a seal is required. The moved or 10 14 relocated swine must also be accompanied by a 10 15 transportation certificate and certificate of 10 16 inspection, if required in section 166D.10. 10 17 4. a. Except as provided in this section, a 10 18 vehicle moving swine under restricted movement shall 10 19 contain a cargo area for the swine which shall be 10 20 sealed to prevent access. The seal shall conform with 10 21 requirements adopted by the department. Each seal 10 22 shall be identified by number as required by the 10 23 department. The vehicle shall be sealed by an 10 24 accredited veterinarian at the premises where the 10 25 swine are kept. The seal shall only be removed by a 10 26 departmental official, an accredited veterinarian, an 10 27 official of the United States department of 10 28 agriculture, or the person authorized by the 10 29 department to receive the swine upon arrival at the 10 30 fixed concentration point, slaughtering establishment, 10 31 or approved premises. 10 32 b. The department may adopt rules or issue an 10 33 order to provide that a vehicle moving or relocating 10 34 feeder swine from a herd which is subject to a cleanup 10 35 plan is not required to be sealed as otherwise 10 36 provided in this subsection, if the herd is kept and 10 37 moved or relocated in compliance with the cleanup 10 38 plan. 10 39 Sec. 17. NEW SECTION. 166D.10B APPROVED 10 40 PREMISES. 10 41 1. A person shall not maintain swine other than 10 42 feeder swine or cull swine at an approved premises. 10 43 a. A person shall not move or relocate swine to an 10 44 approved premises, unless all of the following apply: 10 45 (1) The swine is a feeder pig or cull swine. 10 46 (2) The swine is not exposed or from a herd of 10 47 unknown status. 10 48 b. A person shall not receive swine at an approved 10 49 premises, unless the swine is one of the following: 10 50 (1) The swine is a feeder pig or cull swine. 11 1 (2) The swine is not exposed or from a herd of 11 2 unknown status. 11 3 2. If swine is moved or relocated to an approved 11 4 premises, the following shall apply: 11 5 a. A cull swine shall not be moved or relocated to 11 6 an approved premises, unless the cull swine reacts 11 7 negatively to a test and is vaccinated prior to the 11 8 movement or relocation, as provided in section 11 9 166D.10. 11 10 b. A noninfected feeder pig must be vaccinated 11 11 upon arrival at the approved premises. 11 12 3. Dead swine must be disposed of in accordance 11 13 with chapter 167. The dead swine must be held so as 11 14 to prevent animals, including wild animals and 11 15 livestock, from reaching the dead swine. 11 16 4. The following shall apply to the location of an 11 17 approved premises: 11 18 a. An approved premises shall not be located 11 19 within one and one-half miles from a noninfected herd, 11 20 other than a qualified negative herd or qualified 11 21 differentiable negative herd. 11 22 b. An approved premises shall not be located 11 23 within three miles from a qualified negative herd or a 11 24 qualified differentiable negative herd. 11 25 c. An approved premises shall not be located in 11 26 any of the following: 11 27 (1) A county in stage III of the national 11 28 pseudorabies eradication program, as designated by the 11 29 department. 11 30 (2) A county which has a zero percent prevalence 11 31 of infection among all herds in the county at any time 11 32 on or after March 1, 2000, regardless of whether the 11 33 county subsequently has a greater than zero percent 11 34 prevalence of infection among all herds in the county. 11 35 5. A feeder pig or a cull swine may be kept at the 11 36 approved premises only for purposes of feeding and 11 37 restricted movement as provided in section 166D.10. 11 38 6. a. The department must certify a location as 11 39 an approved premises pursuant to rules adopted by the 11 40 department. The department may adopt rules providing 11 41 for the renewal, suspension, or termination of a 11 42 certification. The terms and conditions of the 11 43 certification shall be part of the cleanup plan 11 44 required for the herd kept at the location pursuant to 11 45 section 166D.8. Except as provided in this 11 46 subsection, a location is certified as an approved 11 47 premises, as long as all of the following apply: 11 48 (1) The approved premises complies with the 11 49 requirements of this section and rules adopted by the 11 50 department. 12 1 (2) The owner of the approved premises or the 12 2 person managing the approved premises provides to the 12 3 department during normal business hours access to the 12 4 approved premises and records required by this 12 5 subparagraph. Records of swine transfers must be kept 12 6 for at least one year. Records of vaccinations 12 7 occurring on the approved premises must be maintained 12 8 by the owner for at least one year after vaccination. 12 9 The records shall include information about purchases 12 10 and sales, the names of buyers and sellers, the dates 12 11 of transactions, and the number of swine involved in 12 12 each transaction. 12 13 b. The department shall terminate the 12 14 certification of an approved premises, if the county 12 15 in which the approved premises is located has a zero 12 16 percent prevalence of infection among all herds in the 12 17 county, not counting a herd kept at the approved 12 18 premises. The department shall provide for the 12 19 suspension or termination of the certification for a 12 20 violation of a term or condition of the certification. 12 21 When a certification is suspended, terminated, or not 12 22 renewed, the location shall remain under a cleanup 12 23 plan until released pursuant to the provisions of 12 24 section 166D.8. 12 25 Sec. 18. Section 166D.11, Code 1999, is amended to 12 26 read as follows: 12 27 166D.11DIFFERENTIABLE VACCINE REQUIRED12 28 VACCINATION AND TESTING REQUIREMENTS. 12 29Beginning on December 1, 1989, swine other than12 30unvaccinated or differentiable vaccinated swine shall12 31not be sold, marketed, or moved within this state,12 32except to slaughter or to an approved premises by12 33certificate of inspection.12 34 1.The secretary shall disapprove forA person 12 35 shall not use in this stateon and after July 1, 1991,12 36 any vaccine that is not a differentiable vaccine. 12 37 2. a. Except as provided in this section, swine 12 38 within a county which is designated by the department 12 39 as in stage II of the national pseudorabies 12 40 eradication program shall be vaccinated with a 12 41 modified-live differentiable vaccine. The swine 12 42 located in a stage II county shall be vaccinated as 12 43 follows: 12 44 (1) Except as provided in subparagraph (2), the 12 45 following applies: 12 46 (a) Breeding swine shall at a minimum receive 12 47 quarterly vaccinations. 12 48 (b) Feeder swine shall at a minimum receive one 12 49 vaccination. The feeder swine shall be vaccinated 12 50 when the feeder swine reach eight to twelve weeks of 13 1 age or one hundred pounds, whichever occurs earlier. 13 2 (2) If swine are required to be vaccinated prior 13 3 to or after movement, as provided in section 166D.10, 13 4 to a stage II county, the swine shall be vaccinated 13 5 with a modified-live differentiable vaccine as 13 6 otherwise required in that section. 13 7 b. The department shall adopt rules or issue an 13 8 order that exempts swine from being vaccinated with a 13 9 modified-live vaccine, as provided in this subsection, 13 10 based on any of the following: 13 11 (1) The swine is part of a qualified negative herd 13 12 or a qualified differentiable negative herd. 13 13 (2) The swine belong to a herd located within a 13 14 county, if all of the following applies: 13 15 (a) The county has a history of zero percent 13 16 prevalence of infection among all herds in the county, 13 17 regardless of whether the county currently has a 13 18 higher than zero percent prevalence of infection among 13 19 all herds in the county. 13 20 (b) All contiguous counties have a zero percent 13 21 prevalence of infection among herds in that county, as 13 22 designated by the department. 13 23 3. a. The person who owns the swine when the 13 24 swine is required to be vaccinated under this chapter, 13 25 shall be solely liable for providing the vaccine and 13 26 administering the vaccination. A noninfected feeder 13 27 pig required to be vaccinated upon arrival at an 13 28 approved premises as provided in section 166D.10B 13 29 shall be vaccinated at the expense of the owner who 13 30 moves the feeder pig. If the swine is transported 13 31 into this state, the owner shall be deemed to be the 13 32 person who owns the swine immediately prior to 13 33 transportation. 13 34 b. This subsection does not prohibit the owner of 13 35 swine from contracting with a person, including a 13 36 person receiving ownership of swine moved into this 13 37 state, to provide the vaccination, if the person 13 38 receives fair compensation for providing the 13 39 vaccination and the sale price for the swine is not 13 40 increased because the owner must comply with this 13 41 subsection. 13 42 4. The cost, or any segment of the cost, of 13 43 purchasing a laboratory product used for testing and 13 44 vaccination provided in this chapter may be paid for 13 45 by federal or state funds or a combination of both. 13 46 Federal or state funds shall not be paid to the owner 13 47 of a vaccinated herd other than the owner of a herd 13 48 vaccinated with a modified-live differentiable 13 49 vaccine. 13 50 Sec. 19. Section 166D.12, Code 1999, is amended by 14 1 striking the section and inserting in lieu thereof the 14 2 following: 14 3 166D.12 CONCENTRATION POINTS. 14 4 A person shall not move swine through a 14 5 concentration point, except as provided in this 14 6 section. 14 7 1. For swine from a noninfected herd, the swine 14 8 may be moved through any concentration point. All of 14 9 the following shall apply: 14 10 a. Breeding swine must be kept separate and apart 14 11 from feeder pigs. 14 12 b. Breeding swine must be sold first. 14 13 2. a. For swine other than swine from a 14 14 noninfected herd, the swine shall not be moved through 14 15 a concentration point other than a fixed concentration 14 16 point, as required by the department. A fixed 14 17 concentration point shall be used exclusively for the 14 18 following: 14 19 (1) The movement of livestock other than swine. 14 20 (2) The immediate movement of swine to a 14 21 slaughtering establishment. 14 22 b. A fixed concentration point shall never be used 14 23 for the movement of swine other than to a slaughtering 14 24 establishment. 14 25 c. A person shall not move swine to or from a 14 26 fixed concentration point subject to restricted 14 27 movement or receive swine subject to restricted 14 28 movement at a fixed concentration point, unless the 14 29 swine is moved and received in compliance with section 14 30 166D.10A. 14 31 d. Livestock, other than swine, moved to the fixed 14 32 concentration point must be kept separate and apart. 14 33 e. If infected swine, exposed swine, or swine from 14 34 a herd of unknown status is moved through a fixed 14 35 concentration point, the owner of the fixed 14 36 concentration point shall post and maintain a sign on 14 37 the premises of the fixed concentration point. The 14 38 sign must be posted in a conspicuous place clearly 14 39 visible to persons moving livestock through the fixed 14 40 concentration point. The notice shall appear in black 14 41 letters a minimum of one inch high and in the 14 42 following form: 14 43 NOTICE 14 44 THIS FACILITY MAY SELL SWINE WHICH 14 45 HAS BEEN EXPOSED TO PSEUDORABIES. 14 46 HOWEVER, ALL SWINE ARE MOVED 14 47 IMMEDIATELY TO SLAUGHTER. 14 48 Sec. 20. Section 166D.16, unnumbered paragraph 1, 14 49 Code 1999, is amended to read as follows: 14 50 1. The provisions of this chapter including 15 1 departmental rules adopted pursuant to this chapter 15 2 shall be administered and enforced by the department. 15 3 2.AExcept as provided in this subsection, a 15 4 person violating a provision of this chapter or any 15 5 rule adopted pursuant to this chapter shall be subject 15 6 to a civil penalty of at least one hundred dollars but 15 7 not more than one thousand dollars. 15 8 a.However, aA person who falsifies a certificate 15 9 of inspection issued pursuant to this chapter shall be 15 10 subject to a civil penalty of not more than five 15 11 thousand dollars for each swine falsified on the 15 12 certificate. A person shall not be subject to a civil 15 13 penalty totaling more than twenty-five thousand 15 14 dollars for falsifying a certificate, regardless of 15 15 the number of swine falsified on the certificate. 15 16 b. The person who owns swine when the swine is 15 17 required to be vaccinated under this chapter shall be 15 18 subject to a civil penalty of two dollars for each 15 19 swine which is not vaccinated as required. 15 20 Sec. 21. Sections 166D.4 and 166D.5, Code 1999, 15 21 are repealed. 15 22 Sec. 22. RULEMAKING. The department of 15 23 agriculture and land stewardship shall adopt rules 15 24 necessary to implement this Act. Such rules shall be 15 25 effective immediately upon adoption and filing in the 15 26 governor's office after publication under notice and 15 27 after the administrative rules review committee has 15 28 had an opportunity to review the noticed rules, as 15 29 provided in chapter 17A. 15 30 Sec. 23. IMPLEMENTATION. The department shall 15 31 provide for the implementation of this Act based on a 15 32 schedule adopted by departmental rules. However, the 15 33 department shall implement all provisions of this Act 15 34 by August 1, 2000. 15 35 Sec. 24. EFFECTIVE DATE. This Act, being deemed 15 36 of immediate importance, takes effect upon enactment." 15 37 #2. Title page, by striking line 2, and inserting 15 38 the following: "applicable, for implementation, and 15 39 providing an effective date." 15 40 15 41 15 42 15 43 H. KAY HEDGE 15 44 E. THURMAN GASKILL 15 45 JOHN P. KIBBIE 15 46 EUGENE S. FRAISE 15 47 MERLIN E. BARTZ 15 48 BETTY A. SOUKUP 15 49 SF 2312.506 78 15 50 da/as
Text: S05345 Text: S05347 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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