Text: HF00744 Text: HF00746 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 745
1 2
1 3 AN ACT
1 4 REGULATING FOOT AND MOUTH DISEASE AND PROVIDING AN EFFECTIVE
1 5 DATE.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 163.2, Code 2001, is amended by adding
1 10 the following new unnumbered paragraph:
1 11 NEW UNNUMBERED PARAGRAPH. As used in this chapter, "foot
1 12 and mouth disease" means a virus of the family picornaviridae,
1 13 genus aphthovirus, including any immunologically distinct
1 14 serotypes.
1 15 FOOT AND MOUTH DISEASE
1 16 Sec. 2. NEW SECTION. 163.51 SECURITY MEASURES.
1 17 1. The department may establish security measures in order
1 18 to control outbreaks of foot and mouth disease in this state,
1 19 including by providing for the prevention, suppression, and
1 20 eradication of foot and mouth disease. In administering and
1 21 enforcing this section, the department may adopt rules and
1 22 shall issue orders in a manner consistent with sound
1 23 veterinary principles and federal law for the control of
1 24 outbreaks of the disease. The department may implement the
1 25 security measures by doing any of the following:
1 26 a. If the department determines that an animal is infected
1 27 with or exposed to foot and mouth disease, or the department
1 28 suspects that an animal is so infected or exposed, the
1 29 department may provide for all of the following:
1 30 (1) The quarantine, condemnation, or destruction of the
1 31 animal. The department may establish quarantined areas and
1 32 regulate activities in the quarantined areas, including
1 33 movement or relocation of animals or other property within,
1 34 into, or from the quarantined areas. This section does not
1 35 authorize the department to provide for the destruction of
2 1 personal property other than an animal.
2 2 (2) The inspection or examination of the animal's premises
2 3 in order to perform an examination or test to determine
2 4 whether the animal is or was infected or exposed or whether
2 5 the premises is contaminated. The department may take a blood
2 6 or tissue sample of any animal on the premises.
2 7 (3) The compelling of a person who is the owner or
2 8 custodian of the animal to provide information regarding the
2 9 movement or relocation of the animal or the vaccination status
2 10 of the animal or the herd where the animal originates. The
2 11 department may issue a subpoena for relevant testimony or
2 12 records as defined in section 516E.1. In the case of a
2 13 failure or refusal of the person to provide testimony or
2 14 records, the district court upon application of the department
2 15 or the attorney general acting upon behalf of the department,
2 16 may order the person to show cause why the person should not
2 17 be held in contempt. The court may order the person to
2 18 provide testimony or produce the record or be punished for
2 19 contempt as if the person refused to testify before the court
2 20 or disobeyed a subpoena issued by the court.
2 21 b. The department may provide for the cleaning and
2 22 disinfection of real or personal property, if the department
2 23 determines that the property is contaminated with foot and
2 24 mouth disease or suspects that the property is contaminated
2 25 with foot and mouth disease.
2 26 2. a. If the department determines that there is a
2 27 suspected outbreak of foot and mouth disease in this state,
2 28 the department shall immediately notify all of the following:
2 29 (1) The governor or a designee of the governor. The
2 30 notification shall contain information regarding actions being
2 31 implemented or recommended in order to determine if the
2 32 outbreak is genuine and measures to control a genuine
2 33 outbreak.
2 34 (2) The administrative unit of the United States
2 35 department of agriculture responsible for controlling
3 1 outbreaks in this state.
3 2 b. If the department confirms an outbreak of foot and
3 3 mouth disease in this state, the department shall cooperate
3 4 with the governor; federal agencies, including the United
3 5 States department of agriculture; and state agencies,
3 6 including the emergency management division of the department
3 7 of public defense, in order to provide the public with timely
3 8 and accurate information regarding the outbreak. The
3 9 department shall cooperate with organizations representing
3 10 agricultural producers in order to provide all necessary
3 11 information to agricultural producers required to control the
3 12 outbreak.
3 13 3. The department shall cooperate with federal agencies,
3 14 including the United States department of agriculture, other
3 15 state agencies and law enforcement entities, and agencies of
3 16 other states. Other state agencies and law enforcement
3 17 entities shall assist the department.
3 18 4. a. To the extent that an animal's owner would not
3 19 otherwise be compensated, section 163.15 shall apply to the
3 20 owner's loss of any animal destroyed under this section.
3 21 b. Upon the request of the executive council, the
3 22 department shall develop and submit a plan to the executive
3 23 council that compensates an owner of property, other than an
3 24 animal, that is inadvertently destroyed by the department as a
3 25 result of the department's regulation of activities in a
3 26 quarantined area. The plan shall not be implemented without
3 27 the approval of at least three members of the executive
3 28 council. The payment of the compensation under the plan shall
3 29 be made in the same manner as provided in section 163.15. The
3 30 owner may submit a claim for compensation prior to the plan's
3 31 implementation. The executive council may apply the plan
3 32 retroactively, but not earlier than the effective date of this
3 33 Act.
3 34 5. Nothing in this section limits the department's
3 35 authority to regulate animals or premises under other
4 1 provisions of state law, including this chapter.
4 2 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
4 3 immediate importance, takes effect upon enactment.
4 4
4 5
4 6
4 7 BRENT SIEGRIST
4 8 Speaker of the House
4 9
4 10
4 11
4 12 MARY E. KRAMER
4 13 President of the Senate
4 14
4 15 I hereby certify that this bill originated in the House and
4 16 is known as House File 745, Seventy-ninth General Assembly.
4 17
4 18
4 19
4 20 MARGARET THOMSON
4 21 Chief Clerk of the House
4 22 Approved , 2001
4 23
4 24
4 25
4 26 THOMAS J. VILSACK
4 27 Governor
Text: HF00744 Text: HF00746 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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