Text: HF02277 Text: HF02279 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 717A.4 PATHOGENS THREATENING
1 2 ANIMALS AND CROPS – PENALTY.
1 3 1. Except as provided in subsection 2, a person shall not
1 4 possess, transport, or transfer a pathogen which may threaten
1 5 the health of an animal or crop.
1 6 a. For animals, a pathogen restricted under this section
1 7 shall be limited to a biological agent or toxin listed in 9
1 8 C.F.R. } 121.2(b), as that list exists on January 1, 2004.
1 9 b. For crops, a pathogen restricted under this section
1 10 shall be limited to a biological agent or toxin listed in 7
1 11 C.F.R. } 331.3, as that list exists on January 1, 2004.
1 12 2. This section does not apply to a person who possesses,
1 13 transports, or distributes a pathogen in compliance with
1 14 federal law, including but not limited to as provided in 9
1 15 C.F.R. pt. 121 or 7 C.F.R. pt. 331.
1 16 3. A person who violates this section is guilty of a class
1 17 "B" felony. However, a person shall not be prosecuted or
1 18 subjected to a penalty or forfeiture under this section if the
1 19 person is prosecuted by the United States attorney's office
1 20 for a federal offense based on possession, transportation, or
1 21 transfer of the same pathogen.
1 22 EXPLANATION
1 23 This bill amends Code chapter 717A, which prohibits a
1 24 person from destroying property associated with agricultural
1 25 production, including property related to animal agriculture
1 26 and crop production. Code section 717A.2 prohibits a person
1 27 from transmitting a disease to an agricultural animal.
1 28 Code section 717A.1 defines an "animal" as any warm-blooded
1 29 or cold-blooded animal or honeybees. It includes an
1 30 "agricultural animal", which is an animal maintained for its
1 31 parts or products having commercial value or an animal
1 32 belonging to the equine species. The same Code section
1 33 defines "crop" as any plant maintained for its parts or
1 34 products having commercial value, if the plant is produced
1 35 from an agricultural seed or vegetable seed, or is a tree,
2 1 shrub, vine, berry plant, greenhouse plant, or flower.
2 2 The bill makes it a crime to possess, transport, or
2 3 transfer a pathogen which may threaten the health of an animal
2 4 or crop. The pathogens are referenced according to federal
2 5 law (which refers to them as biological agents or toxins). A
2 6 few of the pathogens threatening animal health are African
2 7 horsesickness, African swine fever, bluetongue (exotic),
2 8 classical swine fever, contagious bovine pleuropneumonia,
2 9 foot-and-mouth disease, highly pathogenic avian influenza
2 10 lumpy skin disease, newcastle disease (exotic), peste des
2 11 petits ruminants, rinderpest sheep pox and goat pox, swine
2 12 vesicular disease, and vesicular stomatitis (exotic). The
2 13 pathogens threatening plant health are Liberobacter africanus
2 14 or liberobacter asiaticus, peronosclerospora philippinensis,
2 15 phakopsora pachyrhizi, plum pox potyvirus, ralstonia
2 16 solanacearum race 3, sclerophthora rayssiae var. zeae,
2 17 synchytrium endobioticum, xanthomonas oryzae pv. Oryzicola,
2 18 and xylella fastidiosa (citrus variegated chlorosis strain).
2 19 The bill provides two major qualifications. First, a
2 20 person is not subject to the bill's provisions if the person
2 21 is acting in compliance with federal law. Thus, a diagnostic
2 22 laboratory would be exempt from state law as long as it
2 23 complied with federal reporting requirements under 7 C.F.R. }
2 24 331.4. The bill also prevents a person from being prosecuted
2 25 both under federal law and state law for the same offense.
2 26 A person who is found guilty of an offense under the
2 27 provisions of the bill is guilty of a class "B" felony. A
2 28 class "B" felony is punishable by confinement for no more than
2 29 25 years.
2 30 LSB 5995HH 80
2 31 da/pj/5
Text: HF02277 Text: HF02279 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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