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
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