Text: S03172                            Text: S03174
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Senate Amendment 3173

Amendment Text

PAG LIN
  1  1    Amend Senate File 209 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  165A.1  DEFINITIONS.
  1  5    1.  "Concentration point" means a location or
  1  6 facility where cattle are assembled for purposes of
  1  7 sale or resale for feeding, breeding, or slaughtering,
  1  8 and where contact may occur between groups of cattle
  1  9 from various sources.  "Concentration point" includes
  1 10 a public stockyard, auction market, street market,
  1 11 state or federal market, untested consignment sales
  1 12 location, buying station, or a livestock dealer's
  1 13 yard, truck, or facility.
  1 14    2.  "Department" means the department of
  1 15 agriculture and land stewardship.
  1 16    3.  "Paratuberculosis" means a disease caused by
  1 17 the bacterium mycobacterium paratuberculosis, and
  1 18 which is also referred to as Johne's disease.
  1 19    4.  "Separate and apart" means to hold cattle so
  1 20 that neither the cattle nor organic material
  1 21 originating from the cattle has physical contact with
  1 22 other animals.
  1 23    5.  "Slaughtering establishment" means a
  1 24 slaughtering establishment operated under the
  1 25 provision of the federal Meat Inspection Act, 21
  1 26 U.S.C. } 601 et seq., or a slaughtering establishment
  1 27 that has been inspected by the state.
  1 28    Sec. 2.  NEW SECTION.  165A.2  ADMINISTRATION AND
  1 29 ENFORCEMENT.
  1 30    The provisions of this chapter, including
  1 31 departmental rules adopted pursuant to this chapter,
  1 32 shall be administered and enforced by the department.
  1 33 The department may assess and collect civil penalties
  1 34 against persons in violation of this chapter as
  1 35 provided in section 165A.4.  The attorney general may
  1 36 assist the department in the enforcement of this
  1 37 chapter.
  1 38    Sec. 3.  NEW SECTION.  165A.3  INFECTED CATTLE.
  1 39    The owner of cattle infected with paratuberculosis
  1 40 shall comply with this chapter and chapter 163 as that
  1 41 chapter applies to cattle with a contagious disease.
  1 42 Infected cattle shall be immediately kept separate and
  1 43 apart and moved for slaughter to a concentration point
  1 44 or slaughtering establishment.  Infected cattle that
  1 45 are kept at the concentration point shall also be kept
  1 46 separate and apart.  The owner of infected cattle
  1 47 shall mark the cattle by punching the letter "J"
  1 48 through the right ears of the cattle as required by
  1 49 the department.
  1 50    Sec. 4.  NEW SECTION.  165A.4  ENFORCEMENT –
  2  1 PENALTY.
  2  2    1.  Except as provided in this subsection, a person
  2  3 violating a provision of this chapter or any rule
  2  4 adopted pursuant to this chapter shall be subject to a
  2  5 civil penalty of at least one hundred dollars but not
  2  6 more than one thousand dollars.  The proceeding to
  2  7 assess a civil penalty shall be conducted as a
  2  8 contested case proceeding under chapter 17A.
  2  9    2.  In addition to any other remedies provided, the
  2 10 department may file a petition in the district court
  2 11 seeking an injunction restraining any person from
  2 12 violating provisions of this chapter including a rule
  2 13 adopted pursuant to this chapter.
  2 14    Sec. 5.  NEW SECTION.  172E.1  DEFINITIONS.
  2 15    As used in this chapter, unless the context
  2 16 otherwise requires:
  2 17    1.  "Livestock" means the same as defined in
  2 18 section 717.1.
  2 19    2.  "Livestock market" means any place where
  2 20 livestock are assembled from two or more sources for
  2 21 public auction, private sale, or on a commission
  2 22 basis, which is under state or federal supervision,
  2 23 including a livestock sale barn or auction market, if
  2 24 such livestock are kept in the place for ten days or
  2 25 less.
  2 26    3.  "Packer" means a person who is engaged in the
  2 27 business of slaughtering livestock or receiving,
  2 28 purchasing, or soliciting livestock for slaughter.  As
  2 29 used in this chapter, "packer" includes an agent of
  2 30 the packer engaged in buying or soliciting livestock
  2 31 for slaughter on behalf of a packer.
  2 32    Sec. 6.  NEW SECTION.  172E.2  MARKETING PRACTICES
  2 33 – LIVESTOCK SOLD FOR SLAUGHTER.
  2 34    1.  If a livestock market accepts livestock upon
  2 35 condition that the livestock are to be moved directly
  2 36 to slaughter, the livestock shall be segregated with
  2 37 other livestock to be moved directly to slaughter
  2 38 until sold to a packer.  A person other than a packer
  2 39 shall not purchase the livestock.
  2 40    2.  This section shall not supersede requirements
  2 41 relating to the movement or marketing of livestock
  2 42 infected with an infectious or contagious disease,
  2 43 including but not limited to those diseases enumerated
  2 44 in section 163.2.
  2 45    Sec. 7.  NEW SECTION.  172E.3  PENALTIES.
  2 46    A person who purchases livestock at a livestock
  2 47 market in violation of this chapter is guilty of a
  2 48 simple misdemeanor.
  2 49    Sec. 8.  PARATUBERCULOSIS TASK FORCE.
  2 50    1.  A paratuberculosis task force is established
  3  1 for purposes of determining the prevalence of
  3  2 paratuberculosis in this state and methods required to
  3  3 control it, including the effectiveness and
  3  4 practicability of requiring that cattle or only dairy
  3  5 cattle be tested using a test currently or expected to
  3  6 be licensed by the United States department of
  3  7 agriculture to detect the presence of
  3  8 paratuberculosis.
  3  9    2.  The task force shall be composed of the state
  3 10 veterinarian who shall serve as chairperson, a member
  3 11 of the faculty of Iowa state university appointed by
  3 12 the dean of the college of agriculture, who is engaged
  3 13 in the teaching of veterinary medicine and who is
  3 14 knowledgeable regarding dairying, and the practicing
  3 15 veterinarian who serves as a member of the livestock
  3 16 health advisory council.
  3 17    3.  The task force shall submit a report to the
  3 18 governor and general assembly by January 10, 2002.
  3 19 The report shall contain its findings and any
  3 20 recommendations."
  3 21    #2.  Title page, line 1, by inserting after the
  3 22 word "for" the following:  "livestock, including".  
  3 23 
  3 24 
  3 25                               
  3 26 JOHN P. KIBBIE
  3 27 
  3 28 
  3 29                               
  3 30 JOHN W. JENSEN
  3 31 SF 209.501 79
  3 32 da/pj
     

Text: S03172                            Text: S03174
Text: S03100 - S03199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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