Text: HF02475 Text: HF02477 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2476 1 2 1 3 AN ACT 1 4 REGULATING TRANSMISSIBLE VIRUSES AFFLICTING POULTRY, MAKING AN 1 5 APPROPRIATION, AND PROVIDING PENALTIES. 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, unnumbered paragraph 1, Code 1 10 2003, is amended to read as follows: 1 11 For the purpose of this chapter, infectious and contagious 1 12 diseases shall be deemed toembraceinclude glanders, farcy, 1 13 maladie du coit (dourine), anthrax, foot and mouth disease, 1 14 scabies, hog cholera, swine dysentery, tuberculosis, 1 15 brucellosis, vesicular exanthema, scrapie, rinderpest, ovine 1 16 foot rot, avian influenza or Newcastle disease as provided in 1 17 chapter 165B, or any other communicable disease so designated 1 18 by the department. 1 19 Sec. 2. NEW SECTION. 165B.1 DEFINITIONS. 1 20 1. "Concentration point" means a location or facility 1 21 where poultry originating from the same or different sources 1 22 are assembled for any purpose. However, a concentration point 1 23 does not include an animal feeding operation as defined in 1 24 section 459.102 if the poultry are provided care and feeding 1 25 for purposes of egg production or slaughter. 1 26 2. "Department" means the department of agriculture and 1 27 land stewardship. 1 28 3. "Law enforcement officer" means an Iowa state patrol 1 29 officer or a regularly employed member of a police force of a 1 30 city or county, including but not limited to a sheriff's 1 31 office, who is responsible for the prevention and detection of 1 32 a crime and the enforcement of the criminal laws of this 1 33 state. 1 34 4. "Manure" means the same as defined in section 459.102. 1 35 5. "Pathogenic virus" means any of the following: 2 1 a. A recognized serotype of the virus avian paramyxovirus 2 2 which is classified as a velogenic or mesogenic strain of that 2 3 virus and which may be transmitted to poultry. 2 4 b. A recognized serotype of the virus commonly referred to 2 5 as avian influenza which may be transmitted to poultry. 2 6 6. "Poultry" means domesticated fowl which are chickens, 2 7 ducks, or turkeys. 2 8 7. "Separate and apart" means to hold poultry so that 2 9 neither the poultry nor organic material originating from the 2 10 poultry has physical contact with other animals. 2 11 8. "Slaughtering establishment" means a slaughtering 2 12 establishment operated under the provisions of the federal 2 13 Meat Inspection Act, 21 U.S.C. } 601 et seq., or a 2 14 slaughtering establishment that has been inspected by the 2 15 state. 2 16 Sec. 3. NEW SECTION. 165B.2 ADMINISTRATION AND 2 17 ENFORCEMENT. 2 18 1. a. The provisions of this chapter, including 2 19 departmental rules adopted pursuant to this chapter, shall be 2 20 administered and enforced by the department. The department 2 21 shall establish, by rule, civil penalties which may be 2 22 administratively or judicially assessed. The department may 2 23 impose, assess, and collect the civil penalties. The attorney 2 24 general or county attorney may bring a judicial action or 2 25 prosecution necessary to enforce the provisions of this 2 26 chapter. 2 27 b. The department shall retain moneys from civil penalties 2 28 that it collects under this chapter. The moneys are 2 29 appropriated to the department for the administration and 2 30 enforcement of this chapter. Notwithstanding section 8.33, 2 31 such moneys shall not revert, but shall be retained by the 2 32 department for the purposes described in this paragraph. The 2 33 department shall submit a report to the chairpersons of the 2 34 joint appropriations subcommittee on agriculture and natural 2 35 resources by January 5 of each year. The report shall state, 3 1 at a minimum, the total amount of moneys collected during the 3 2 past calendar year and describe how these moneys were 3 3 expended. 3 4 2. The provisions of this chapter do not limit the 3 5 authority of the department, another state agency, or a 3 6 political subdivision to regulate or bring an enforcement 3 7 action against a person based on another provision of law, 3 8 including but not limited to provisions in chapter 163, 717B, 3 9 or 717D. 3 10 Sec. 4. NEW SECTION. 165B.3 DETERMINATION OF INFECTION. 3 11 The department may adopt rules if necessary to provide 3 12 methods and procedures to determine whether poultry are 3 13 infected with a pathogenic virus, which may include detection 3 14 and analysis of the disease using techniques approved by the 3 15 United States department of agriculture. 3 16 Sec. 5. NEW SECTION. 165B.4 INFECTED AND EXPOSED POULTRY 3 17 – CIVIL PENALTY – INJUNCTIVE RELIEF. 3 18 1. A person who is the owner or custodian of poultry 3 19 infected with or exposed to a pathogenic virus shall keep the 3 20 poultry separate and apart, and shall dispose of infected or 3 21 exposed poultry in accordance with requirements of the 3 22 department. The person shall ensure the premises where such 3 23 poultry are kept are sanitized as required by the department. 3 24 The person shall dispose of the poultry carcasses, eggs, or 3 25 manure as provided by the department. 3 26 2. A person who violates this section is subject to a 3 27 civil penalty of at least one hundred dollars but not more 3 28 than one thousand dollars, as determined by the department. 3 29 In the case of a continuing violation, each day of the 3 30 continuing violation is a separate violation. However, a 3 31 person shall not be subject to a civil penalty totaling more 3 32 than twenty-five thousand dollars. 3 33 3. The department may seek injunctive relief as provided 3 34 in section 163.62. 3 35 Sec. 6. NEW SECTION. 165B.5 RESTRICTED CONCENTRATION 4 1 POINTS – CIVIL PENALTIES. 4 2 1. A person shall not operate a restricted concentration 4 3 point. A restricted concentration point includes, but is not 4 4 limited to, all of the following: 4 5 a. A concentration point where poultry are sold, bartered, 4 6 or offered for sale or barter, if the concentration point is 4 7 part of a market where poultry are sold, bartered, or offered 4 8 for sale or barter to the general public. 4 9 b. A concentration point where poultry are placed together 4 10 as part of a contest, including but not limited to an event 4 11 conducted for purposes of producing violent contact between 4 12 the poultry. 4 13 2. Subsection 1 does not apply to any of the following: 4 14 a. A slaughtering establishment, public stockyard, 4 15 livestock auction market, state or federal market, livestock 4 16 buying station, or a livestock dealer's yard, truck, or 4 17 facility. 4 18 b. A fair conducted pursuant to chapter 173 or 174. 4 19 c. An event sanctioned by the department. 4 20 d. A 4-H function. 4 21 e. An event sponsored or sanctioned by the Iowa turkey 4 22 marketing council, the Iowa turkey federation, the national 4 23 turkey federation, the Iowa poultry association, the Iowa egg 4 24 council, the American egg board, or the American poultry 4 25 association. 4 26 3. a. A person who owns or operates a restricted 4 27 concentration point is subject to a civil penalty of not less 4 28 than five thousand dollars for the first violation and not 4 29 less than twenty-five thousand dollars for each subsequent 4 30 violation. Each day that a violation continues constitutes a 4 31 separate violation. 4 32 b. A person who has a legal interest in infected poultry 4 33 or has custody of infected poultry which are located at a 4 34 restricted concentration point is subject to a civil penalty 4 35 of not less than five thousand dollars for the first violation 5 1 and not less than twenty-five thousand dollars for each 5 2 subsequent violation. Each day that a violation continues 5 3 constitutes a separate violation. 5 4 c. A person who transports poultry to or from a restricted 5 5 concentration point is subject to a civil penalty of not less 5 6 than one thousand dollars for the first violation and not less 5 7 than five thousand dollars for each subsequent violation. 5 8 Each day that a violation continues constitutes a separate 5 9 violation. 5 10 d. A person who purchases, offers to purchase, barters, or 5 11 offers to barter for poultry at a restricted concentration 5 12 point is subject to a civil penalty of not less than one 5 13 hundred dollars for the first violation and not less than one 5 14 thousand dollars for each subsequent violation. Each day that 5 15 a violation continues constitutes a separate violation. 5 16 e. A person who charges admission for entry into a 5 17 restricted concentration point where a contest occurs or 5 18 otherwise holds, advertises, or conducts the contest is 5 19 subject to a civil penalty of not less than one thousand 5 20 dollars for the first violation and not less than five 5 21 thousand dollars for each subsequent violation. Each day that 5 22 a violation continues constitutes a separate violation. 5 23 f. A person who attends or participates in a contest at a 5 24 restricted concentration point where a contest occurs is 5 25 subject to a civil penalty of not less than one hundred 5 26 dollars for the first violation and not less than one thousand 5 27 dollars for each subsequent violation. Each day that a 5 28 violation continues constitutes a separate violation. 5 29 4. This subsection applies to poultry maintained at a 5 30 restricted concentration point, or poultry transported to or 5 31 from a restricted concentration point. 5 32 a. The department or a law enforcement officer may 5 33 confiscate poultry before a contested case proceeding or 5 34 judicial hearing is conducted to determine whether this 5 35 section has been violated. If the department or a court 6 1 determines that a violation of this section has occurred, the 6 2 poultry are conclusively deemed to be infected with a 6 3 pathogenic virus. The poultry shall be kept separate and 6 4 apart until destroyed by euthanasia as defined in section 6 5 162.2. 6 6 b. The department shall provide that real or personal 6 7 property that is exposed to the poultry shall be sanitized as 6 8 required to eliminate the source of the pathogenic virus. As 6 9 part of the sanitation, the department shall provide for the 6 10 disposal of poultry carcasses, eggs, or manure. Upon 6 11 inspection, the department shall certify that the sanitization 6 12 has been performed as required by this paragraph. 6 13 c. The department may utilize the procedures provided in 6 14 section 17A.18A in order to enforce the provisions of this 6 15 section. The attorney general or county attorney may petition 6 16 the district court for an expedited hearing. 6 17 d. The department shall be reimbursed by the owner of the 6 18 poultry or property for costs required to carry out this 6 19 subsection. However, if the enforcement action is brought due 6 20 to the activity of a law enforcement officer of a political 6 21 subdivision, the political subdivision shall be reimbursed by 6 22 the owner of the poultry or property for those costs. The 6 23 department or political subdivision shall certify the amount 6 24 to the county auditor of any county in which the owner is a 6 25 titleholder of real property. The amount shall be placed upon 6 26 the tax books which shall be a lien upon the real property, 6 27 and collected with interest and penalties after due, in the 6 28 same manner as other unpaid property taxes. 6 29 6 30 6 31 6 32 CHRISTOPHER C. RANTS 6 33 Speaker of the House 6 34 6 35 7 1 7 2 JEFFREY M. LAMBERTI 7 3 President of the Senate 7 4 7 5 I hereby certify that this bill originated in the House and 7 6 is known as House File 2476, Eightieth General Assembly. 7 7 7 8 7 9 7 10 MARGARET THOMSON 7 11 Chief Clerk of the House 7 12 Approved , 2004 7 13 7 14 7 15 7 16 THOMAS J. VILSACK 7 17 Governor
Text: HF02475 Text: HF02477 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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