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Bills and Amendments: General Index     Bill History: General Index

Senate File 2312

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2312 
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO PSEUDORABIES CONTROL, MAKING PENALTIES APPLICABLE,
  1  5    FOR IMPLEMENTATION, AND PROVIDING AN EFFECTIVE DATE.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 166D.2, Code 1999, is amended by adding
  1 10 the following new subsections:
  1 11    NEW SUBSECTION.  7A.  "Cleanup plan" means a herd cleanup
  1 12 plan or feeder pig cooperator herd cleanup plan as provided in
  1 13 section 166D.8.
  1 14    NEW SUBSECTION.  8A.  "Cull swine" means mature swine fed
  1 15 for purposes of direct slaughter.  However, "cull swine" does
  1 16 not include swine kept for purposes of breeding or
  1 17 reproduction.
  1 18    NEW SUBSECTION.  19A.  "Fixed concentration point" means a
  1 19 concentration point which is a permanent location where swine
  1 20 are assembled for purposes of sale and movement to a
  1 21 slaughtering establishment as provided in section 166D.12.
  1 22    NEW SUBSECTION.  26A.  "Isowean feeder pig" means a feeder
  1 23 pig that weighs twenty pounds or less.
  1 24    NEW SUBSECTION.  44A.  "Stage II county" means a county
  1 25 designated by the department as in stage II of the national
  1 26 pseudorabies eradication program.
  1 27    Sec. 2.  Section 166D.2, subsections 2, 11, 17, 19, 38, and
  1 28 42, Code 1999, are amended to read as follows:
  1 29    2.  "Approved premises" means a dry lot facility located in
  1 30 an area with confirmed cases of pseudorabies infection, which
  1 31 is authorized certified by the department to receive, hold, or
  1 32 and feed and move or relocate infected swine, exposed animals,
  1 33 or swine of unknown status as provided in section 166D.10B.
  1 34 The premises and all swine on the premises shall be considered
  1 35 under quarantine.  However, swine may be moved to slaughter
  2  1 under a transportation certificate or may be moved to another
  2  2 pseudorabies approved premises under a certificate of
  2  3 inspection.
  2  4    11.  "Differentiable vaccine" means a vaccine which has a
  2  5 licensed companion differentiable test, and includes a
  2  6 modified-live differentiable vaccine.
  2  7    17.  "Feeder pig" means an immature swine fed for purposes
  2  8 of direct slaughter which is weighs one hundred pounds or less
  2  9 than slaughter weight.
  2 10    19.  "Feeder swine" means a porcine animal swine fed for
  2 11 purposes of direct slaughter, including feeder pigs, and cull
  2 12 sows, and boars swine.  However, "feeder swine" does not
  2 13 include animals swine kept for purposes of breeding or
  2 14 reproduction.
  2 15    38.  "Quarantined herd" means a herd in which pseudorabies
  2 16 infected or exposed swine are bred, reared, or fed under the
  2 17 supervision and control of the department, as provided in
  2 18 section 166D.9.  Swine in a quarantined herd may be moved only
  2 19 to an approved premises for feeding or to a recognized
  2 20 slaughtering establishment for slaughter.  Either movement may
  2 21 be completed through a concentration point in compliance with
  2 22 section 166D.12.
  2 23    42.  "Restricted movement" means swine which are
  2 24 quarantined until directly moved to slaughter moved or
  2 25 relocated as provided in section 166D.10A.
  2 26    Sec. 3.  Section 166D.2, subsections 4, 5, and 34, Code
  2 27 1999, are amended by striking the subsections.
  2 28    Sec. 4.  Section 166D.2, subsection 32, paragraph c, Code
  2 29 1999, is amended by striking the paragraph.
  2 30    Sec. 5.  Section 166D.3, unnumbered paragraph 1, Code 1999,
  2 31 is amended to read as follows:
  2 32    A state pseudorabies advisory committee is established.
  2 33 The committee shall consist of not more than seven members who
  2 34 shall be appointed by the Iowa pork producers association.  At
  2 35 least four members of the committee must be actively engaged
  3  1 in swine production.  The members shall serve staggered terms
  3  2 of two years, except that the initial board members shall
  3  3 serve unequal terms.  A person appointed to fill a vacancy for
  3  4 a member shall serve only for the unexpired portion of the
  3  5 term.  A member is eligible for reappointment for three
  3  6 successive terms.  A majority of the board constitutes a
  3  7 quorum and an affirmative vote of the majority of members is
  3  8 necessary for substantive action taken by the board.  The
  3  9 majority shall not include any member who has a conflict of
  3 10 interest and a statement by a member of a conflict of interest
  3 11 shall be conclusive for this purpose.  A vacancy in the
  3 12 membership does not impair the right of a quorum to exercise
  3 13 all rights and perform all duties of the board.  The advisory
  3 14 committee shall:
  3 15    Sec. 6.  Section 166D.3, subsection 1, Code 1999, is
  3 16 amended by striking the subsection.
  3 17    Sec. 7.  Section 166D.7, subsection 1, paragraph a, Code
  3 18 1999, 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 or
  3 25 relocated directly from another qualified negative herd.  To
  3 26 remain certified, the herd must be retested and recertified as
  3 27 provided by the department.  The herd shall be recertified
  3 28 when each month the greater of five head of swine or at least
  3 29 ten percent of the herd's breeding swine react negatively to a
  3 30 test.
  3 31    Sec. 8.  Section 166D.7, subsection 2, Code 1999, is
  3 32 amended by striking the subsection.
  3 33    Sec. 9.  Section 166D.7, subsection 3, paragraphs a and b,
  3 34 Code 1999, are amended to read as follows:
  3 35    a.  The herd shall be certified when a statistical sampling
  4  1 of the herd is determined to be noninfected.
  4  2    b.  To In order to remain certified the herd must be
  4  3 retested and recertified as provided by the department.  The
  4  4 herd must be recertified annually.  The herd shall be
  4  5 recertified when a statistical sampling of the herd is
  4  6 determined to be noninfected within twelve months from initial
  4  7 certification or the most recent recertification.
  4  8    A herd shall not be certified or recertified, if the herd
  4  9 is located within a county which is designated by the
  4 10 department as in stage II of the national pseudorabies
  4 11 eradication program, unless the herd is vaccinated with a
  4 12 modified-live differentiable vaccine pursuant to section
  4 13 166D.11 and as required by the department.
  4 14    Sec. 10.  Section 166D.7, subsection 4, paragraph a, Code
  4 15 1999, is amended to read as follows:
  4 16    a.  The herd shall be certified when one hundred percent of
  4 17 breeding swine have reacted negatively to a test.  The herd
  4 18 must have been free from infection for thirty days prior to
  4 19 testing.  At least ninety percent of swine in the herd must
  4 20 have been on the premises as a part of the herd for at least
  4 21 sixty days prior to testing, or swine in the herd must have
  4 22 been directly moved directly or relocated from a qualified
  4 23 negative herd or qualified differentiable negative herd.  A
  4 24 differentiable vaccine must be administered at intervals in
  4 25 accordance with the package insert for that vaccine.  To
  4 26 remain certified, the herd must be retested and recertified as
  4 27 provided by the department.  The herd shall be recertified
  4 28 when either of the following occurs:
  4 29    (1)  Each eighty to one hundred five each thirty days at
  4 30 least twenty-five percent of the herd's breeding swine react
  4 31 negatively to a test.
  4 32    (2)  Each month at least ten percent of the herd's breeding
  4 33 swine react negatively to a test.
  4 34    Sec. 11.  Section 166D.8, Code 1999, is amended to read as
  4 35 follows:
  5  1    166D.8  INFECTED HERDS.
  5  2    An infected herd in a program area which is not quarantined
  5  3 under section 166D.9, shall either adopt a herd cleanup plan,
  5  4 or a feeder pig cooperator herd cleanup plan, or shall be
  5  5 quarantined.
  5  6    1.  a.  A herd cleanup plan may include any or a
  5  7 combination of the following:
  5  8    (1)  The segregation of progeny with restricted movement.
  5  9 The herd cleanup plan must include the location of the
  5 10 premises that will receive the progeny.  The receiving
  5 11 premises shall be quarantined.
  5 12    (2)  The test shall apply to a herd, if feeder pigs are not
  5 13 moved from the herd.  The plan shall provide for one of the
  5 14 following:
  5 15    (1)  The testing of all swine capable of being accurately
  5 16 diagnosed with pseudorabies and the removal of infected swine
  5 17 from the herd.
  5 18    (3) (2)  Depopulation.
  5 19    b.  Notwithstanding paragraph "a", breeding swine in an
  5 20 infected herd shall be tested and the infected breeding swine
  5 21 shall be removed from the infected herd in accordance with
  5 22 procedures and by dates established by rules adopted by the
  5 23 department.  A herd cleanup plan must be implemented as
  5 24 follows:
  5 25    (1)  If the plan provides for the testing and removal of
  5 26 swine, all breeding swine must be tested with a differentiable
  5 27 test and react negatively to the test within fifteen days
  5 28 after the herd is classified by the department as infected.
  5 29 All breeding swine reacting positively to the test must be
  5 30 removed as provided in this section.  At least thirty days
  5 31 after removal of the breeding swine reacting positively, all
  5 32 remaining breeding swine must be tested and react negatively
  5 33 to the test.  Subsequent testing and removal must be conducted
  5 34 as provided in this subparagraph until all breeding swine
  5 35 react negatively.  When all breeding swine are tested and
  6  1 react negatively to the test, the department shall classify
  6  2 the herd as a noninfected herd.
  6  3    (2)  The herd cleanup plan may provide for the relocation
  6  4 of feeder pigs or cull swine.  If the plan provides for the
  6  5 relocation of feeder pigs, the plan must provide for the
  6  6 segregation of feeder pigs and identify in writing the
  6  7 approved premises where feeder pigs or cull swine may be
  6  8 relocated upon approval by the department.
  6  9    2.  a.  A feeder pig cooperator herd cleanup plan may be
  6 10 adopted if shall apply to a herd, if feeder pigs are moved
  6 11 from the herd.  The plan shall include all the requirements
  6 12 for a herd cleanup plan.  In order to be subject to a feeder
  6 13 pig cooperator herd cleanup plan all of the following
  6 14 conditions are must be satisfied:
  6 15    a. (1)  There must have been no clinical signs of
  6 16 pseudorabies during the past thirty days.
  6 17    b. (2)  The production operation must be capable of
  6 18 segregating offspring at weaning into facilities separate and
  6 19 apart from the remainder of the herd.
  6 20    c. b.  An approved feeder pig cooperator herd plan must be
  6 21 implemented.  The feeder pig cooperator herd cleanup plan must
  6 22 include the location of may provide for the movement or
  6 23 relocation of feeder pigs or cull swine.  If the feeder pig
  6 24 cooperator herd cleanup plan provides for the movement or
  6 25 relocation of feeder pigs or cull swine, the plan must
  6 26 identify in writing the approved premises that will receive
  6 27 the progeny where the feeder pigs or cull swine may be moved
  6 28 or relocated as provided in section 166D.10B.  The receiving
  6 29 premises shall be quarantined.
  6 30    3.  Infected herds in a program area which have not adopted
  6 31 an official herd cleanup plan or feeder pig cooperator herd
  6 32 plan shall be quarantined.
  6 33    4. 3.  Costs of program testing and vaccination shall may
  6 34 be paid as provided in section 166D.5 166D.11.
  6 35    4.  An infected herd outside a program area shall either
  7  1 adopt a herd cleanup plan or a feeder pig cooperator herd plan
  7  2 with restricted movement.  An infected herd not subject to
  7  3 such a cleanup plan shall be quarantined within thirty fifteen
  7  4 days of becoming a known infected herd shall be quarantined.
  7  5 An infected herd which is not subject to a herd cleanup plan
  7  6 or a feeder pig cooperator herd plan is a quarantined herd.
  7  7    5.  Swine which is part of a herd subject to a cleanup plan
  7  8 shall only be moved or relocated as required pursuant to
  7  9 section 166D.10.  If the location where the herd is kept is an
  7 10 approved premises as provided in section 166D.10B, the cleanup
  7 11 plan shall include terms and conditions for being certified as
  7 12 an approved premises.
  7 13    Sec. 12.  Section 166D.9, subsections 1 and 2, Code 1999,
  7 14 are amended by striking the subsections and inserting in lieu
  7 15 thereof the following:
  7 16    1.  Swine which is part of a quarantined herd shall only be
  7 17 moved by restricted movement in accordance with section
  7 18 166D.10A.
  7 19    Sec. 13.  Section 166D.9, subsection 4, paragraphs c and d,
  7 20 Code 1999, are amended to read as follows:
  7 21    c.  The epidemiologist must either conduct two successive
  7 22 statistical samplings at least ninety days apart, or conduct
  7 23 statistical samplings according to rules adopted by the
  7 24 department which are consistent with the national pseudorabies
  7 25 eradication program, which reveal no infection within the new
  7 26 breeding swine.
  7 27    d.  The epidemiologist must either conduct two successive
  7 28 statistical samplings ninety days apart of, or conduct
  7 29 statistical samplings according to rules adopted by the
  7 30 department which are consistent with the national pseudorabies
  7 31 eradication program, which reveal no infection in the herd's
  7 32 progeny at least four months of age which reveal no infection.
  7 33    Sec. 14.  Section 166D.9, subsection 5, Code 1999, is
  7 34 amended by striking the subsection.
  7 35    Sec. 15.  Section 166D.10, subsection 1, paragraph b, Code
  8  1 1999, is amended by adding the following new subparagraph:
  8  2    NEW SUBPARAGRAPH.  (4)  The swine have a current negative
  8  3 pseudorabies status.
  8  4    Sec. 16.  Section 166D.10, subsections 3 through 6, Code
  8  5 1999, are amended by striking the subsections and inserting in
  8  6 lieu thereof the following:
  8  7    3.  Swine from a herd located within this state must be
  8  8 moved or relocated in compliance with this section.  If the
  8  9 swine is moved or relocated from a herd located within a
  8 10 county which is designated by the department as in stage II of
  8 11 the national pseudorabies eradication program, the swine shall
  8 12 not be moved or relocated unless in compliance with section
  8 13 166D.11.  Regardless of whether the swine is from a herd
  8 14 located in a stage II county, the following shall govern the
  8 15 movement or relocation of swine within this state:
  8 16    a.  For swine from a noninfected herd, a person shall not
  8 17 move swine for breeding purposes, unless one of the following
  8 18 applies:
  8 19    (1)  The swine is moved from a qualified negative herd or
  8 20 qualified differentiable negative herd.
  8 21    (2)  The swine reacts negatively to a differentiable test,
  8 22 within thirty days prior to moving the swine.
  8 23    b.  For swine which is exposed or swine from a herd of
  8 24 unknown status, a person shall not move or relocate the swine,
  8 25 unless one of the following applies:
  8 26    (1)  The swine reacts negatively to a differentiable test
  8 27 within thirty days prior to moving or relocating the swine.
  8 28    (2)  The swine moves by restricted movement to either a
  8 29 fixed concentration point or slaughtering establishment.
  8 30    c.  For swine which is from an infected herd, a person
  8 31 shall not move or relocate the swine, unless one of the
  8 32 following applies:
  8 33    (1)  If the swine is part of a cleanup plan, the following
  8 34 shall apply:
  8 35    (a)  For swine, other than feeder pigs or cull swine, which
  9  1 is part of a herd subject to a cleanup plan, a person shall
  9  2 only move swine by restricted movement to either a fixed
  9  3 concentration point or slaughtering establishment.  A person
  9  4 shall not relocate the swine.
  9  5    (b)  For a feeder pig or cull swine which is part of a herd
  9  6 subject to a herd cleanup plan, a person shall only move the
  9  7 feeder pig or cull swine by restricted movement to either a
  9  8 fixed concentration point or slaughtering establishment or
  9  9 relocate the feeder pig or cull swine by restricted movement
  9 10 to an approved premises.  For a feeder pig or cull swine which
  9 11 is part of a feeder pig cooperator herd cleanup plan, a person
  9 12 shall only move the feeder pig or cull swine by restricted
  9 13 movement to either a fixed concentration point or slaughtering
  9 14 establishment or move or relocate the feeder pig or cull swine
  9 15 by restricted movement to an approved premises.  However, a
  9 16 person shall not move or relocate a feeder pig or cull swine
  9 17 to an approved premises, unless the approved premises is
  9 18 identified in a cleanup plan as provided in section 166D.8, or
  9 19 the department approves the move or relocation to another
  9 20 approved premises.  A person shall not move or relocate a cull
  9 21 swine to an approved premises, unless the cull swine reacts
  9 22 negatively to a test and is vaccinated with a differentiable
  9 23 vaccine.  The test and vaccine must be administered within
  9 24 thirty days prior to the movement or relocation to the
  9 25 approved premises.  A noninfected feeder pig is not required
  9 26 to be tested or vaccinated prior to movement or relocation to
  9 27 an approved premises, if the feeder pig is vaccinated upon
  9 28 arrival at the approved premises.
  9 29    (c)  For swine from a herd kept on an approved premises, a
  9 30 person shall only move or relocate the swine by restricted
  9 31 movement as provided in the cleanup plan governing the herd
  9 32 and terms and conditions of the certification required for the
  9 33 approved premises as provided in section 166D.10B.
  9 34    (2)  If the swine is not part of a herd that is subject to
  9 35 a cleanup plan, because the herd is quarantined, a person
 10  1 shall only move the swine by restricted movement to either a
 10  2 fixed concentration point or slaughtering establishment.
 10  3    4.  Swine from a herd located outside this state must be
 10  4 moved into and maintained in this state in compliance with
 10  5 this section.  A person shall not move swine into this state,
 10  6 except as follows:
 10  7    a.  For swine from a herd, other than a noninfected herd,
 10  8 the swine must be moved either to a fixed concentration point
 10  9 or slaughtering establishment.
 10 10    b.  For swine from a noninfected herd, the swine may be
 10 11 moved to a concentration point or slaughtering establishment.
 10 12 If the swine is not moved to a concentration point or
 10 13 slaughtering establishment, the following shall apply:
 10 14    (1)  Unless the person moves the swine into a county
 10 15 designated by the department as in stage II of the national
 10 16 pseudorabies eradication program, the following shall apply:
 10 17    (a)  A person shall not move swine into this state for
 10 18 breeding purposes, unless one of the following applies:
 10 19    (i)  The swine is moved from a qualified negative herd or
 10 20 qualified differentiable negative herd.
 10 21    (ii)  The swine reacts negatively to a differentiable test,
 10 22 within thirty days prior to moving the swine.
 10 23    (b)  A person shall not move feeder swine which is moved
 10 24 into this state, unless the feeder swine reacts negatively to
 10 25 a differentiable test within thirty days prior to movement
 10 26 from a herd in this state.
 10 27    (2)  If a person moves the swine into a county which is
 10 28 designated by the department as in stage II of the national
 10 29 pseudorabies eradication program, the following shall apply:
 10 30    (a)  Except as provided in this subparagraph, the owner of
 10 31 swine shall vaccinate the swine with a modified-live
 10 32 differentiable vaccine, prior to moving swine into the stage
 10 33 II county.  A statistical sampling of the swine moved into a
 10 34 herd as provided in this subparagraph shall be tested using a
 10 35 differentiable test within thirty days after the swine is
 11  1 moved to a herd in this state.  If a swine reacts positively
 11  2 to the test, the herd is an infected herd.  A person is not
 11  3 required to vaccinate swine prior to moving swine into the
 11  4 stage II county or test the swine after the swine has been
 11  5 moved to a herd in the stage II county, if one of the
 11  6 following applies:
 11  7    (i)  The swine is part of a herd that cannot be vaccinated
 11  8 under the law of the state or country in which the herd is
 11  9 kept immediately prior to being moved into the stage II
 11 10 county.
 11 11    (ii)  The swine is an isowean feeder pig.
 11 12    (iii)  The swine is moved either to a fixed concentration
 11 13 point or slaughtering establishment.
 11 14    (b)  For swine, which is not vaccinated before being moved
 11 15 into a stage II county as provided in this paragraph, the
 11 16 following shall apply:
 11 17    (i)  For swine other than swine moved into a herd within a
 11 18 stage II county as an isowean feeder pig, a statistical
 11 19 sampling of the swine moved into the herd shall be tested
 11 20 using a differentiable test within forty-eight hours after the
 11 21 swine moves to a herd in this state.  If a swine reacts
 11 22 positively to the test, the herd is an infected herd.  If,
 11 23 according to the statistical sampling, the swine moved into
 11 24 the herd reacts negatively to the test, all moved swine must
 11 25 be immediately vaccinated with a differentiable vaccine, as
 11 26 provided in section 166D.11.  The swine shall be considered as
 11 27 part of a herd of unknown status, until tested negative and
 11 28 vaccinated.
 11 29    (ii)  For swine moved into a herd within a stage II county
 11 30 as an isowean feeder pig, a statistical sampling of the swine
 11 31 moved into the herd shall be tested using a differentiable
 11 32 test when a majority of swine moved together into the herd as
 11 33 isowean feeder pigs reach a weight of more than twenty pounds.
 11 34 If a swine reacts positively to the test, the herd is an
 11 35 infected herd.  If, according to the statistical sampling, the
 12  1 swine moved into the herd reacts negatively to the test, all
 12  2 swine moved into the herd must be immediately vaccinated with
 12  3 a differentiable vaccine, as provided in section 166D.11.  The
 12  4 department may require that the swine be revaccinated with a
 12  5 differentiable vaccine at a later date.  The swine shall be
 12  6 considered as part of a herd of unknown status, until tested
 12  7 negative and vaccinated.
 12  8    5.  A person shall not move swine within this state, other
 12  9 than to a fixed concentration point or slaughtering
 12 10 establishment, if the swine is vaccinated with a vaccine other
 12 11 than a differentiable vaccine approved by the department
 12 12 pursuant to section 166D.14.
 12 13    6.  Known infected swine moved through a fixed
 12 14 concentration point, other than a buying station of a
 12 15 slaughtering establishment, shall only be moved by restricted
 12 16 movement to a slaughtering establishment.
 12 17    7.  Swine moved under this section to a slaughtering
 12 18 establishment shall be for the exclusive purpose of
 12 19 slaughtering the swine.  Swine moved under this section to a
 12 20 fixed concentration point shall be for the exclusive purpose
 12 21 of immediately moving the swine to a slaughtering
 12 22 establishment.  Swine moved or relocated under this section to
 12 23 an approved premises shall be for the exclusive purpose of
 12 24 feeding the swine prior to movement or relocation to another
 12 25 approved premises, or movement to either a fixed concentration
 12 26 point or a slaughtering establishment.
 12 27    Sec. 17.  NEW SECTION.  166D.10A  RESTRICTED MOVEMENT –
 12 28 REQUIREMENTS.
 12 29    1.  If swine must be moved or relocated by restricted
 12 30 movement as provided in section 166D.10, the swine shall only
 12 31 be transported by direct movement.
 12 32    2.  a.  If a person moves or relocates swine subject to
 12 33 restricted movement, the person shall only move the swine to
 12 34 either a fixed concentration point or slaughtering
 12 35 establishment or move or relocate the swine to an approved
 13  1 premises.
 13  2    b.  If a person receives swine subject to restricted
 13  3 movement, the person shall only receive the swine at either a
 13  4 fixed concentration point or slaughtering establishment or an
 13  5 approved premises.
 13  6    3.  Swine required to be moved or relocated by restricted
 13  7 movement must be accompanied by a restricted movement permit,
 13  8 as provided by rules which must be adopted by the department.
 13  9 The department shall issue a restricted movement permit to the
 13 10 person moving or relocating the swine.  The permit shall
 13 11 include information required by the department, which shall at
 13 12 least include a description of the swine, the name and address
 13 13 of the owner, the name and address of the person receiving the
 13 14 swine, the date of movement or relocation, and the seal number
 13 15 as prescribed by the department, if a seal is required.  The
 13 16 moved or relocated swine must also be accompanied by a
 13 17 transportation certificate and certificate of inspection, if
 13 18 required in section 166D.10.
 13 19    4.  a.  Except as provided in this section, a vehicle
 13 20 moving swine under restricted movement shall contain a cargo
 13 21 area for the swine which shall be sealed to prevent access.
 13 22 The seal shall conform with requirements adopted by the
 13 23 department.  Each seal shall be identified by number as
 13 24 required by the department.  The vehicle shall be sealed by an
 13 25 accredited veterinarian at the premises where the swine are
 13 26 kept.  The seal shall only be removed by a departmental
 13 27 official, an accredited veterinarian, an official of the
 13 28 United States department of agriculture, or the person
 13 29 authorized by the department to receive the swine upon arrival
 13 30 at the fixed concentration point, slaughtering establishment,
 13 31 or approved premises.
 13 32    b.  The department may adopt rules or issue an order to
 13 33 provide that a vehicle moving or relocating feeder swine from
 13 34 a herd which is subject to a cleanup plan is not required to
 13 35 be sealed as otherwise provided in this subsection, if the
 14  1 herd is kept and moved or relocated in compliance with the
 14  2 cleanup plan.
 14  3    Sec. 18.  NEW SECTION.  166D.10B  APPROVED PREMISES.
 14  4    1.  A person shall not maintain swine other than feeder
 14  5 swine or cull swine at an approved premises.
 14  6    a.  A person shall not move or relocate swine to an
 14  7 approved premises, unless all of the following apply:
 14  8    (1)  The swine is a feeder pig or cull swine.
 14  9    (2)  The swine is not exposed or from a herd of unknown
 14 10 status.
 14 11    b.  A person shall not receive swine at an approved
 14 12 premises, unless the swine is one of the following:
 14 13    (1)  The swine is a feeder pig or cull swine.
 14 14    (2)  The swine is not exposed or from a herd of unknown
 14 15 status.
 14 16    2.  If swine is moved or relocated to an approved premises,
 14 17 the following shall apply:
 14 18    a.  A cull swine shall not be moved or relocated to an
 14 19 approved premises, unless the cull swine reacts negatively to
 14 20 a test and is vaccinated prior to the movement or relocation,
 14 21 as provided in section 166D.10.
 14 22    b.  A noninfected feeder pig must be vaccinated upon
 14 23 arrival at the approved premises.
 14 24    3.  Dead swine must be disposed of in accordance with
 14 25 chapter 167.  The dead swine must be held so as to prevent
 14 26 animals, including wild animals and livestock, from reaching
 14 27 the dead swine.
 14 28    4.  The following shall apply to the location of an
 14 29 approved premises:
 14 30    a.  An approved premises shall not be located within one
 14 31 and one-half miles from a noninfected herd, other than a
 14 32 qualified negative herd or qualified differentiable negative
 14 33 herd.
 14 34    b.  An approved premises shall not be located within three
 14 35 miles from a qualified negative herd or a qualified
 15  1 differentiable negative herd.
 15  2    c.  An approved premises shall not be located in any of the
 15  3 following:
 15  4    (1)  A county in stage III of the national pseudorabies
 15  5 eradication program, as designated by the department.
 15  6    (2)  A county which has a zero percent prevalence of
 15  7 infection among all herds in the county at any time on or
 15  8 after March 1, 2000, regardless of whether the county
 15  9 subsequently has a greater than zero percent prevalence of
 15 10 infection among all herds in the county.
 15 11    5.  A feeder pig or a cull swine may be kept at the
 15 12 approved premises only for purposes of feeding and restricted
 15 13 movement as provided in section 166D.10.
 15 14    6.  a.  The department must certify a location as an
 15 15 approved premises pursuant to rules adopted by the department.
 15 16 The department may adopt rules providing for the renewal,
 15 17 suspension, or termination of a certification.  The terms and
 15 18 conditions of the certification shall be part of the cleanup
 15 19 plan required for the herd kept at the location pursuant to
 15 20 section 166D.8.  Except as provided in this subsection, a
 15 21 location is certified as an approved premises, as long as all
 15 22 of the following apply:
 15 23    (1)  The approved premises complies with the requirements
 15 24 of this section and rules adopted by the department.
 15 25    (2)  The owner of the approved premises or the person
 15 26 managing the approved premises provides to the department
 15 27 during normal business hours access to the approved premises
 15 28 and records required by this subparagraph.  Records of swine
 15 29 transfers must be kept for at least one year.  Records of
 15 30 vaccinations occurring on the approved premises must be
 15 31 maintained by the owner for at least one year after
 15 32 vaccination.  The records shall include information about
 15 33 purchases and sales, the names of buyers and sellers, the
 15 34 dates of transactions, and the number of swine involved in
 15 35 each transaction.
 16  1    b.  The department shall terminate the certification of an
 16  2 approved premises, if the county in which the approved
 16  3 premises is located has a zero percent prevalence of infection
 16  4 among all herds in the county, not counting a herd kept at the
 16  5 approved premises.  The department shall provide for the
 16  6 suspension or termination of the certification for a violation
 16  7 of a term or condition of the certification.  When a
 16  8 certification is suspended, terminated, or not renewed, the
 16  9 location shall remain under a cleanup plan until released
 16 10 pursuant to the provisions of section 166D.8.
 16 11    Sec. 19.  Section 166D.11, Code 1999, is amended to read as
 16 12 follows:
 16 13    166D.11  DIFFERENTIABLE VACCINE REQUIRED VACCINATION AND
 16 14 TESTING REQUIREMENTS.
 16 15    Beginning on December 1, 1989, swine other than
 16 16 unvaccinated or differentiable vaccinated swine shall not be
 16 17 sold, marketed, or moved within this state, except to
 16 18 slaughter or to an approved premises by certificate of
 16 19 inspection.
 16 20    1.  The secretary shall disapprove for A person shall not
 16 21 use in this state on and after July 1, 1991, any vaccine that
 16 22 is not a differentiable vaccine.
 16 23    2.  a.  Except as provided in this section, swine within a
 16 24 county which is designated by the department as in stage II of
 16 25 the national pseudorabies eradication program shall be
 16 26 vaccinated with a modified-live differentiable vaccine.  The
 16 27 swine located in a stage II county shall be vaccinated as
 16 28 follows:
 16 29    (1)  Except as provided in subparagraph (2), the following
 16 30 applies:
 16 31    (a)  Breeding swine shall at a minimum receive quarterly
 16 32 vaccinations.
 16 33    (b)  Feeder swine shall at a minimum receive one
 16 34 vaccination.  The feeder swine shall be vaccinated when the
 16 35 feeder swine reach eight to twelve weeks of age or one hundred
 17  1 pounds, whichever occurs earlier.
 17  2    (2)  If swine are required to be vaccinated prior to or
 17  3 after movement, as provided in section 166D.10, to a stage II
 17  4 county, the swine shall be vaccinated with a modified-live
 17  5 differentiable vaccine as otherwise required in that section.
 17  6    b.  The department shall adopt rules or issue an order that
 17  7 exempts swine from being vaccinated with a modified-live
 17  8 vaccine, as provided in this subsection, based on any of the
 17  9 following:
 17 10    (1)  The swine is part of a qualified negative herd or a
 17 11 qualified differentiable negative herd.
 17 12    (2)  The swine belong to a herd located within a county, if
 17 13 all of the following applies:
 17 14    (a)  The county has a history of zero percent prevalence of
 17 15 infection among all herds in the county, regardless of whether
 17 16 the county currently has a higher than zero percent prevalence
 17 17 of infection among all herds in the county.
 17 18    (b)  All contiguous counties have a zero percent prevalence
 17 19 of infection among herds in that county, as designated by the
 17 20 department.
 17 21    3.  a.  The person who owns the swine when the swine is
 17 22 required to be vaccinated under this chapter, shall be solely
 17 23 liable for providing the vaccine and administering the
 17 24 vaccination.  A noninfected feeder pig required to be
 17 25 vaccinated upon arrival at an approved premises as provided in
 17 26 section 166D.10B shall be vaccinated at the expense of the
 17 27 owner who moves the feeder pig.  If the swine is transported
 17 28 into this state, the owner shall be deemed to be the person
 17 29 who owns the swine immediately prior to transportation.
 17 30    b.  This subsection does not prohibit the owner of swine
 17 31 from contracting with a person, including a person receiving
 17 32 ownership of swine moved into this state, to provide the
 17 33 vaccination, if the person receives fair compensation for
 17 34 providing the vaccination and the sale price for the swine is
 17 35 not increased because the owner must comply with this
 18  1 subsection.
 18  2    4.  The cost, or any segment of the cost, of purchasing a
 18  3 laboratory product used for testing and vaccination provided
 18  4 in this chapter may be paid for by federal or state funds or a
 18  5 combination of both.  Federal or state funds shall not be paid
 18  6 to the owner of a vaccinated herd other than the owner of a
 18  7 herd vaccinated with a modified-live differentiable vaccine.
 18  8    Sec. 20.  Section 166D.12, Code 1999, is amended by
 18  9 striking the section and inserting in lieu thereof the
 18 10 following:
 18 11    166D.12  CONCENTRATION POINTS.
 18 12    A person shall not move swine through a concentration
 18 13 point, except as provided in this section.
 18 14    1.  For swine from a noninfected herd, the swine may be
 18 15 moved through any concentration point.  All of the following
 18 16 shall apply:
 18 17    a.  Breeding swine must be kept separate and apart from
 18 18 feeder pigs.
 18 19    b.  Breeding swine must be sold first.
 18 20    2.  a.  For swine other than swine from a noninfected herd,
 18 21 the swine shall not be moved through a concentration point
 18 22 other than a fixed concentration point, as required by the
 18 23 department.  A fixed concentration point shall be used
 18 24 exclusively for the following:
 18 25    (1)  The movement of livestock other than swine.
 18 26    (2)  The immediate movement of swine to a slaughtering
 18 27 establishment.
 18 28    b.  A fixed concentration point shall never be used for the
 18 29 movement of swine other than to a slaughtering establishment.
 18 30    c.  A person shall not move swine to or from a fixed
 18 31 concentration point subject to restricted movement or receive
 18 32 swine subject to restricted movement at a fixed concentration
 18 33 point, unless the swine is moved and received in compliance
 18 34 with section 166D.10A.
 18 35    d.  Livestock, other than swine, moved to the fixed
 19  1 concentration point must be kept separate and apart.
 19  2    e.  If infected swine, exposed swine, or swine from a herd
 19  3 of unknown status is moved through a fixed concentration
 19  4 point, the owner of the fixed concentration point shall post
 19  5 and maintain a sign on the premises of the fixed concentration
 19  6 point.  The sign must be posted in a conspicuous place clearly
 19  7 visible to persons moving livestock through the fixed
 19  8 concentration point.  The notice shall appear in black letters
 19  9 a minimum of one inch high and in the following form:  
 19 10                             NOTICE
 19 11               THIS FACILITY MAY SELL SWINE WHICH 
 19 12                HAS BEEN EXPOSED TO PSEUDORABIES.
 19 13                  HOWEVER, ALL SWINE ARE MOVED 
 19 14                    IMMEDIATELY TO SLAUGHTER.
 19 15    Sec. 21.  Section 166D.16, unnumbered paragraph 1, Code
 19 16 1999, is amended to read as follows:
 19 17    1.  The provisions of this chapter including departmental
 19 18 rules adopted pursuant to this chapter shall be administered
 19 19 and enforced by the department.
 19 20    2.  A Except as provided in this subsection, a person
 19 21 violating a provision of this chapter or any rule adopted
 19 22 pursuant to this chapter shall be subject to a civil penalty
 19 23 of at least one hundred dollars but not more than one thousand
 19 24 dollars.
 19 25    a.  However, a A person who falsifies a certificate of
 19 26 inspection issued pursuant to this chapter shall be subject to
 19 27 a civil penalty of not more than five thousand dollars for
 19 28 each swine falsified on the certificate.  A person shall not
 19 29 be subject to a civil penalty totaling more than twenty-five
 19 30 thousand dollars for falsifying a certificate, regardless of
 19 31 the number of swine falsified on the certificate.
 19 32    b.  The person who owns swine when the swine is required to
 19 33 be vaccinated under this chapter shall be subject to a civil
 19 34 penalty of two dollars for each swine which is not vaccinated
 19 35 as required.
 20  1    Sec. 22.  Sections 166D.4 and 166D.5, Code 1999, are
 20  2 repealed.
 20  3    Sec. 23.  RULEMAKING.  The department of agriculture and
 20  4 land stewardship shall adopt rules necessary to implement this
 20  5 Act.  Such rules shall be effective immediately upon adoption
 20  6 and filing in the governor's office after publication under
 20  7 notice and after the administrative rules review committee has
 20  8 had an opportunity to review the noticed rules, as provided in
 20  9 chapter 17A.
 20 10    Sec. 24.  IMPLEMENTATION.  The department shall provide for
 20 11 the implementation of this Act based on a schedule adopted by
 20 12 departmental rules.  However, the department shall implement
 20 13 all provisions of this Act by August 1, 2000.
 20 14    Sec. 25.  EFFECTIVE DATE.  This Act, being deemed of
 20 15 immediate importance, takes effect upon enactment.  
 20 16 
 20 17 
 20 18                                                             
 20 19                               MARY E. KRAMER
 20 20                               President of the Senate
 20 21 
 20 22 
 20 23                                                             
 20 24                               BRENT SIEGRIST
 20 25                               Speaker of the House
 20 26 
 20 27    I hereby certify that this bill originated in the Senate and
 20 28 is known as Senate File 2312, Seventy-eighth General Assembly.
 20 29 
 20 30 
 20 31                                                             
 20 32                               MICHAEL E. MARSHALL
 20 33                               Secretary of the Senate
 20 34 Approved                , 2000
 20 35 
 21  1 
 21  2                                
 21  3 THOMAS J. VILSACK
 21  4 Governor
 21  5  
     
Text: SF02311                           Text: SF02313
Text: SF02300 - SF02399                 Text: SF Index
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