Text: SF00208 Text: SF00210 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 209 1 2 1 3 AN ACT 1 4 PROVIDING FOR LIVESTOCK, INCLUDING THE CONTROL OF 1 5 PARATUBERCULOSIS, AND PROVIDING FOR PENALTIES. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. NEW SECTION. 165A.1 DEFINITIONS. 1 10 1. "Concentration point" means a location or facility 1 11 where cattle are assembled for purposes of sale or resale for 1 12 feeding, breeding, or slaughtering, and where contact may 1 13 occur between groups of cattle from various sources. 1 14 "Concentration point" includes a public stockyard, auction 1 15 market, street market, state or federal market, untested 1 16 consignment sales location, buying station, or a livestock 1 17 dealer's yard, truck, or facility. 1 18 2. "Department" means the department of agriculture and 1 19 land stewardship. 1 20 3. "Infected" means infected with paratuberculosis as 1 21 provided in section 165A.3. 1 22 4. "Paratuberculosis" means a disease caused by the 1 23 bacterium mycobacterium paratuberculosis, and which is also 1 24 referred to as Johne's disease. 1 25 5. "Separate and apart" means to hold cattle so that 1 26 neither the cattle nor organic material originating from the 1 27 cattle has physical contact with other animals. 1 28 6. "Slaughtering establishment" means a slaughtering 1 29 establishment operated under the provision of the federal Meat 1 30 Inspection Act, 21 U.S.C. } 601 et seq., or a slaughtering 1 31 establishment that has been inspected by the state. 1 32 Sec. 2. NEW SECTION. 165A.2 ADMINISTRATION AND 1 33 ENFORCEMENT. 1 34 The provisions of this chapter, including departmental 1 35 rules adopted pursuant to this chapter, shall be administered 2 1 and enforced by the department. The department may assess and 2 2 collect civil penalties against persons in violation of this 2 3 chapter as provided in section 165A.5. The attorney general 2 4 may assist the department in the enforcement of this chapter. 2 5 Sec. 3. NEW SECTION. 165A.3 DETERMINATION OF INFECTION. 2 6 The department shall adopt rules providing methods and 2 7 procedures to determine whether cattle are infected, which may 2 8 include detection and analysis of paratuberculosis using 2 9 techniques approved by the United States department of 2 10 agriculture. 2 11 Sec. 4. NEW SECTION. 165A.4 INFECTED CATTLE. 2 12 The owner of infected cattle shall mark the cattle by 2 13 punching the letter "C" through the right ears of the cattle 2 14 as required by the department. A person shall not sell 2 15 infected cattle other than directly to a slaughtering 2 16 establishment or to a concentration point for sale directly to 2 17 a slaughtering establishment, for immediate slaughter. Cattle 2 18 marked with a letter "C" that are kept at a concentration 2 19 point must be kept separate and apart. 2 20 Sec. 5. NEW SECTION. 165A.5 ENFORCEMENT PENALTY. 2 21 1. Except as provided in this subsection, a person 2 22 violating a provision of this chapter or any rule adopted 2 23 pursuant to this chapter shall be subject to a civil penalty 2 24 of at least one hundred dollars but not more than one thousand 2 25 dollars. The proceeding to assess a civil penalty shall be 2 26 conducted as a contested case proceeding under chapter 17A. 2 27 2. In addition to any other remedies provided, the 2 28 department may file a petition in the district court seeking 2 29 an injunction restraining any person from violating provisions 2 30 of this chapter including a rule adopted pursuant to this 2 31 chapter. 2 32 3. This section does not prevent a person from commencing 2 33 a civil cause of action based on any right that the person may 2 34 assert under statute or common law. 2 35 Sec. 6. NEW SECTION. 172E.1 DEFINITIONS. 3 1 As used in this chapter, unless the context otherwise 3 2 requires: 3 3 1. "Dairy cattle" means cattle belonging to a breed that 3 4 is used to produce milk for human consumption, including but 3 5 not limited to holstein and jersey breeds. 3 6 2. "Livestock" means the same as defined in section 717.1. 3 7 3. "Livestock market" means any place where livestock are 3 8 assembled from two or more sources for public auction, private 3 9 sale, or on a commission basis, which is under state or 3 10 federal supervision, including a livestock auction market, if 3 11 such livestock are kept in the place for ten days or less. 3 12 4. "Packer" means a person who is engaged in the business 3 13 of slaughtering livestock or receiving, purchasing, or 3 14 soliciting livestock for slaughter. As used in this chapter, 3 15 "packer" includes an agent of the packer engaged in buying or 3 16 soliciting livestock for slaughter on behalf of a packer. 3 17 Sec. 7. NEW SECTION. 172E.2 MARKETING PRACTICES DAIRY 3 18 CATTLE SOLD FOR SLAUGHTER. 3 19 1. If a livestock market accepts dairy cattle upon express 3 20 written condition that the dairy cattle are to be moved 3 21 directly to slaughter, the dairy cattle shall be segregated 3 22 with other livestock to be moved directly to slaughter until 3 23 sold to a packer. A person shall not knowingly sell the dairy 3 24 cattle to a purchaser other than to a packer at the livestock 3 25 market. A person other than a packer shall not knowingly 3 26 purchase the dairy cattle at the livestock market. 3 27 2. This section shall not supersede requirements relating 3 28 to the movement or marketing of livestock infected with an 3 29 infectious or contagious disease, including but not limited to 3 30 those diseases enumerated in section 163.2. 3 31 Sec. 8. NEW SECTION. 172E.3 PENALTIES. 3 32 1. The department with assistance by the attorney general 3 33 shall have the same authority to enforce this chapter as it 3 34 does under chapter 165A. A person who violates section 172E.2 3 35 is subject to the same penalties as provided in section 4 1 165A.5. 4 2 2. This section does not prevent a person from commencing 4 3 a civil cause of action based on any right that the person may 4 4 assert under statute or common law. 4 5 Sec. 9. PARATUBERCULOSIS TASK FORCE. 4 6 1. A paratuberculosis task force is established for 4 7 purposes of advising the department regarding the 4 8 administration of chapter 165A as enacted in this Act, 4 9 including the adoption of rules providing methods and 4 10 procedures to determine whether cattle are infected. The task 4 11 force shall study the prevalence of paratuberculosis in this 4 12 state and methods required to control it, including the 4 13 effectiveness and practicability of requiring that cattle or 4 14 only dairy cattle be tested using a test currently or expected 4 15 to be licensed by the United States department of agriculture 4 16 to detect the presence of paratuberculosis. 4 17 2. The task force shall be composed of all of the 4 18 following: 4 19 a. Persons who represent the department of agriculture and 4 20 land stewardship. One person shall be the state veterinarian 4 21 who shall serve as the chairperson of the committee. The 4 22 secretary of agriculture may appoint up to two more persons if 4 23 necessary who shall be knowledgeable regarding the control of 4 24 diseases affecting cattle. 4 25 b. Persons representing the college of veterinary medicine 4 26 at Iowa state university who shall be the dean of the college 4 27 or the dean's designee, the head of serology for the 4 28 veterinary diagnostic laboratory, the head of the department 4 29 of veterinary diagnostic and production animal medicine, and 4 30 the chair of the department of veterinary microbiology and 4 31 preventive medicine. 4 32 c. A person who is a member or officer of the Iowa 4 33 veterinary medical association who is appointed by the 4 34 association. 4 35 d. Persons actively engaged in the cattle or dairy 5 1 industry, including a person actively engaged in producing 5 2 milk who is appointed by the Iowa dairy products association, 5 3 a person who is actively engaged in producing dairy products 5 4 who is appointed by the Iowa dairy products association, a 5 5 person who is actively engaged in producing beef cattle who is 5 6 appointed by the Iowa cattlemen's association, and a person 5 7 actively engaged in marketing cattle who is appointed by the 5 8 livestock marketing association. 5 9 3. The task force shall submit a report to the governor 5 10 and general assembly by January 10, 2002. The report shall 5 11 contain its findings and any recommendations. 5 12 5 13 5 14 5 15 MARY E. KRAMER 5 16 President of the Senate 5 17 5 18 5 19 5 20 BRENT SIEGRIST 5 21 Speaker of the House 5 22 5 23 I hereby certify that this bill originated in the Senate and 5 24 is known as Senate File 209, Seventy-ninth General Assembly. 5 25 5 26 5 27 5 28 MICHAEL E. MARSHALL 5 29 Secretary of the Senate 5 30 Approved , 2001 5 31 5 32 5 33 5 34 THOMAS J. VILSACK 5 35 Governor 6 1
Text: SF00208 Text: SF00210 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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