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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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