House File 2626 H-8237 Amend the amendment, H-8206, to House File 2626, as follows: 1 1. By striking page 1, line 4, through page 18, line 32, and 2 inserting: 3 << DIVISION I 4 ANIMAL HEALTH 5 Sec. ___. NEW SECTION . 163.2A Part —— definitions. 6 As used in this part, unless the context otherwise requires: 7 1. “Animal” means any livestock or agricultural animal as 8 defined in section 717A.1. 9 2. “Interested person” means the owner of an animal; a 10 person caring for the animal, if different from the owner of 11 the animal; or a person holding a perfected agricultural lien 12 or security interest in the animal under chapter 554. 13 Sec. ___. Section 163.3, Code 2020, is amended to read as 14 follows: 15 163.3 Veterinary and special assistants. 16 The secretary or the secretary’s designee may appoint one 17 or more veterinarians licensed pursuant to chapter 169 in each 18 county as assistant veterinarians. The secretary may also 19 appoint such one or more special assistants as may be necessary 20 in cases of emergency, including as provided in section 163.3A . 21 Sec. ___. Section 163.3A, subsection 1, Code 2020, is 22 amended to read as follows: 23 1. The department may provide veterinary emergency 24 preparedness and response services necessary to prevent or 25 control a serious threat to the public health, public safety, 26 or the state’s economy caused by the transmission of disease 27 among livestock as defined in section 717.1 or agricultural 28 animals as defined in section 717A.1 . The services may include 29 measures necessary to ensure that all such animals carrying 30 disease are properly identified, segregated, treated, or 31 destroyed as provided in this Code. 32 Sec. ___. Section 163.3C, subsection 1, Code 2020, is 33 amended by striking the subsection. 34 Sec. ___. Section 163.3C, subsection 2, unnumbered 35 -1- H8206.4155 (4) 88 da/ns 1/ 13 #1.

paragraph 1, Code 2020, is amended to read as follows: 1 The department shall develop and establish a foreign animal 2 disease preparedness and response strategy for use by the 3 department in order to prevent, control, or eradicate the 4 transmission of foreign animal diseases among populations 5 of livestock animals . The strategy may be part of the 6 department’s veterinary emergency preparedness and response 7 services as provided in section 163.3A . The strategy shall 8 provide additional expertise and resources to increase 9 biosecurity efforts that assist in the prevention of a foreign 10 animal disease outbreak in this state. In developing and 11 establishing the strategy, the department shall consult with 12 interested persons including but not limited to the following: 13 Sec. ___. Section 163.3C, subsection 3, Code 2020, is 14 amended to read as follows: 15 3. The department shall implement the foreign animal 16 disease preparedness and response strategy if necessary to 17 prevent, control, or eradicate the transmission and incidence 18 of foreign animal diseases that may threaten or actually 19 threaten livestock animals in this state. In implementing 20 the strategy, the department may utilize emergency response 21 measures as otherwise required under section 163.3A . The 22 department may but is not required to consult with interested 23 persons when implementing the strategy. 24 Sec. ___. NEW SECTION . 163.3D Emergency measures —— 25 abandoned animals —— authorization and seizure. 26 1. a. The department may seize one or more abandoned 27 animals pursuant to an authorization providing emergency 28 measures to prevent or control the transmission of an 29 infectious or contagious disease among any population or 30 species of animals. 31 b. The authorization must be any of the following: 32 (1) A declaration or proclamation issued by the governor 33 pursuant to chapter 29C, including as provided in section 34 163.3A. 35 -2- H8206.4155 (4) 88 da/ns 2/ 13

(2) An order issued by the secretary or the secretary’s 1 designee pursuant to a provision in this subtitle. 2 (3) Any other provision of law in this subtitle that 3 requires the department to control the transmission of an 4 infectious or contagious disease among a population or species 5 of animals in this state. 6 c. If there is a conflict between a measure authorized to 7 be taken under paragraph “a” , that is less restrictive than the 8 standards or procedures provided in this section, the measures 9 authorized to be taken under paragraph “a” shall prevail. 10 2. The department may appoint veterinary assistants or 11 special assistants as provided in section 163.3 as required to 12 administer this section. 13 3. It is presumed that an abandoned animal belonging to a 14 species subject to emergency measures as provided in subsection 15 1 has been exposed to an infectious or contagious disease as 16 provided in the authorization. 17 4. As part of the seizure of an abandoned animal, the 18 department may take, impound, and retain custody of the animal, 19 including by maintaining the animal in a manner and at a 20 location determined by the department to be reasonable under 21 the emergency circumstances. The department may take action as 22 provided in this subtitle to ensure that all animals exposed to 23 an infectious or contagious disease are properly identified, 24 tested, segregated, treated, or destroyed as provided in this 25 subtitle. 26 5. a. The department may seize an animal if the department 27 has a reasonable suspicion the animal has been abandoned, 28 including by entering onto public or private property or into a 29 private motor vehicle, trailer, or semitrailer parked on public 30 or private property, as provided in this subsection. 31 b. The department may enter onto private property or into 32 a private motor vehicle, trailer, or semitrailer to seize an 33 abandoned animal if the department obtains a search warrant 34 issued by a court, or enters onto the premises in a manner 35 -3- H8206.4155 (4) 88 da/ns 3/ 13

consistent with the laws of this state and the United States, 1 including Article I, section 8, of the Constitution of the 2 State of Iowa, or the fourth amendment to the Constitution of 3 the United States. 4 c. An abandoned animal shall only be seized by the 5 department pursuant to the following conditions: 6 (1) The department provides written notice of its 7 abandonment determination to all reasonably identifiable 8 interested persons. The department shall make a good-faith 9 effort to provide the notice to interested persons by regular 10 mail, hand delivery, telephone, electronic mail, or other 11 reasonable means. The notice shall include all of the 12 following: 13 (a) The name and address of the department. 14 (b) A description of the animal subject to seizure. 15 (c) The delivery date of the notice. 16 (d) A statement informing the interested person that the 17 animal may be seized pursuant to this chapter within one day 18 following the delivery date of the notice. The statement 19 must specify a date, time, and location for delivery of the 20 interested person’s response designated by the department, as 21 provided in this subsection. 22 (e) A statement informing the interested person that in 23 order to avoid seizure of the animal, the person must respond 24 to the notice in writing, stating that the animal has not been 25 abandoned and identifying what measures are being taken to care 26 for and manage the animal. 27 (2) Notwithstanding subparagraph (1), if the department 28 determines that it is not feasible to provide direct notice 29 of its abandonment determination to an interested person, 30 the department shall deliver a constructive notice of the 31 determination to that person by any reasonable manner, which 32 may include posting the notice at or near the place where 33 the animal is located. The department shall also post the 34 constructive notice on the department’s internet site. 35 -4- H8206.4155 (4) 88 da/ns 4/ 13

d. The department may seize the animal if the department 1 fails to receive a written response by the interested person by 2 the end of normal office hours of the next day the department 3 is available to receive the response after written notice of 4 the department’s abandonment determination is delivered. 5 e. Upon a determination by the department that exigent 6 circumstances exist, the department may enter onto private 7 property without a warrant and may seize an abandoned animal, 8 in a manner consistent with the laws of this state and 9 the United States, including Article I, section 8, of the 10 Constitution of the State of Iowa, or the fourth amendment to 11 the Constitution of the United States. 12 6. If an animal is seized pursuant to this section, the 13 department shall post a notice in a conspicuous place at the 14 location where the animal was seized. The notice shall state 15 the animal has been seized by the department pursuant to this 16 section and at least briefly describe where and when the animal 17 was seized, the species and number of animals seized, and that 18 a dispositional proceeding is to be conducted pursuant to 19 section 163.3E. 20 Sec. ___. NEW SECTION . 163.3E Emergency measures —— 21 abandoned animals —— dispositional proceeding. 22 1. a. The department shall file a petition with the 23 district court for the disposition of an animal seized pursuant 24 to section 163.3D as soon as practicable. 25 b. The court shall notify the department and all interested 26 persons of the dispositional proceeding in a manner determined 27 reasonable by the court. The court shall hear the matter 28 within twenty-four hours from the time the department’s 29 petition is filed. The court may grant a continuance by a 30 motion of the department or upon petition by an interested 31 person. However, the interested person shall post a bond or 32 other security with the department in an amount determined by 33 the court, which shall not be more than the amount sufficient 34 to provide for the maintenance of the animal for the duration 35 -5- H8206.4155 (4) 88 da/ns 5/ 13

of the continuance. 1 2. Upon a determination by the department that exigent 2 circumstances exist, the dispositional proceeding may be 3 conducted by an administrative law judge in the same manner 4 as an emergency adjudicative proceeding pursuant to section 5 17A.18A. The administrative law judge shall notify the 6 department and all interested persons of the dispositional 7 proceeding in a manner determined reasonable by the 8 administrative law judge given the circumstances in the case. 9 The procedures provided in this section may be supplemented 10 or modified by a declaration or proclamation issued by the 11 governor or an order issued by the secretary or the secretary’s 12 designee pursuant to section 163.3D. 13 3. a. A court or administrative law judge shall issue an 14 order for the disposition of the animal after making any of the 15 following determinations: 16 (1) That no interested person holds a legal interest in 17 the seized animal. In that case, the animal shall be deemed 18 abandoned and the order shall extinguish all prior legal 19 interests in the animal. The order shall grant an undivided 20 ownership interest in the animal free from any security 21 interest or other agricultural lien or encumbrance to the 22 department. 23 (2) That an interested person holds a legal interest in 24 the seized animal, and the department has reasonable suspicion 25 to believe that the animal has been exposed to an infectious 26 or contagious disease. In that case, the order shall provide 27 for the disposition of the animal in the same manner as if the 28 department had identified the animal as having been exposed to 29 the infectious or contagious disease under the authorization 30 provided in section 163.3D. 31 (3) That a person holds a legal interest in the seized 32 animal, and there is no reasonable suspicion that the seized 33 animal has been exposed to an infectious or contagious disease. 34 In that case, the order shall direct the department to transfer 35 -6- H8206.4155 (4) 88 da/ns 6/ 13

custody of the animal to the interested person. In the event 1 the animal is returned to the interested person, the department 2 shall not be subject to any claim for damages caused by the 3 seizure if the department’s actions were taken pursuant to 4 the department’s emergency efforts to establish and maintain 5 quarantine in response to a disease outbreak, as set forth in 6 section 669.14, subsection 3. 7 b. A reasonable suspicion asserted by the department may 8 be based on any credible evidence that shows the animal’s 9 possible exposure to an infectious or contagious disease or the 10 animal was abandoned. This paragraph “b” does not require the 11 department to conduct a test of an animal to determine whether 12 an animal has been exposed. 13 c. If two or more interested parties may be transferred 14 custody of an animal by the department pursuant to paragraph 15 “a” , subparagraph (3), the court or administrative law judge 16 shall order the department to transfer the animal to the owner 17 or otherwise to the interested person best able to care for the 18 animal without prejudicing the rights of any other interested 19 person. However, in any cause of action brought by an 20 interested person contesting the order to transfer under this 21 subsection, the department shall not be included as a party. 22 4. a. In a dispositional proceeding conducted by a court or 23 administrative law judge under this section, or in a separate 24 cause of action brought by the department against an interested 25 person, the court or administrative law judge may award the 26 department all of the following: 27 (1) An amount necessary to reimburse the department for 28 expenses incurred in seizing and maintaining an abandoned 29 animal as well as any costs for the disposition of the 30 abandoned animal. 31 (2) Expenses related to the investigation and adjudication 32 of the case. 33 b. In a dispositional proceeding conducted by a court under 34 this section, or in a separate cause of action brought by the 35 -7- H8206.4155 (4) 88 da/ns 7/ 13

department against an interested person, the court may award 1 the department court costs and reasonable attorney fees. 2 c. An award ordered under this subsection shall be paid 3 by an interested party who is transferred a seized animal by 4 the court or administrative law judge, or the owner of the 5 seized animal as determined by the court or administrative law 6 judge. The amount awarded the department shall be subtracted 7 from the proceeds, if any, received by the department from the 8 disposition of the animal. Any amount awarded by a court shall 9 be taxed as part of the costs of the cause of action. 10 d. If more than one interested person holds a legal interest 11 in the animal, the court or administrative law judge shall 12 calculate the respective contributions of the interested 13 persons based upon the percentage of legal interest in the 14 seized animal held by each interested person. The amount paid 15 to the department shall be sufficient to allow the department 16 to repay the livestock remediation fund as provided in section 17 459.501 and fully reimburse the department for all costs, fees, 18 and expenses incurred by the department under this section. 19 Sec. ___. NEW SECTION . 163.3F Interference with official 20 acts. 21 1. A person shall not interfere with an official act of the 22 department taken in the performance of a duty to prevent or 23 control the transmission of an infectious or contagious disease 24 among a population or species of animals, if the official act 25 is authorized as part of any of the following: 26 a. A veterinary emergency preparedness and response service 27 pursuant to section 163.3A. 28 b. A foreign animal disease preparedness and response 29 strategy pursuant to section 163.3C. 30 c. An emergency measure pursuant to section 163.3D or 31 163.3E. 32 2. Under this section, an official act of the department 33 may be performed by a departmental employee, or a veterinary or 34 special assistant appointed pursuant to section 163.3. 35 -8- H8206.4155 (4) 88 da/ns 8/ 13

Sec. ___. NEW SECTION . 163.33 Feral swine. 1 1. “Feral swine” means any swine running at large. 2 2. A person shall not knowingly release swine to become 3 feral swine. 4 3. Upon discovery of feral swine on public or private 5 property, the department may destroy or order the destruction 6 of the feral swine. However, the department shall not destroy 7 the feral swine or order the feral swine’s destruction, unless 8 the department concludes, after conducting a reasonable inquiry 9 in the area where the feral swine is located, that the feral 10 swine’s ownership cannot be determined. The department may 11 call upon a peace officer or appropriate state or federal 12 agency, including but not limited to the department of natural 13 resources or the department of public safety, to enforce this 14 section as set forth in section 159.16. 15 4. A person may destroy feral swine if the feral swine is 16 on the person’s property or is damaging the person’s personal 17 property. The person shall immediately notify the department 18 of the destruction of the feral swine and allow for possible 19 testing of the feral swine by the department. 20 5. This section shall not be construed to limit the powers 21 of the department otherwise granted by law. 22 Sec. ___. Section 163.61, subsection 3, Code 2020, is 23 amended by adding the following new paragraph: 24 NEW PARAGRAPH . c. A person who interferes with an official 25 act as provided in section 163.3F shall be subject to a civil 26 penalty of at least one hundred dollars but not more than ten 27 thousand dollars. In the case of a continuing violation, 28 each day of the continuing violation is a separate violation. 29 However, a person shall not be subject to a civil penalty 30 totaling more than two hundred fifty thousand dollars arising 31 out of the same violation. 32 Sec. ___. Section 459.501, subsection 3, paragraph a, Code 33 2020, is amended by adding the following new subparagraph: 34 NEW SUBPARAGRAPH . (3) (a) To allocate moneys to the 35 -9- H8206.4155 (4) 88 da/ns 9/ 13

department of agriculture and land stewardship for the payment 1 of expenses incurred by the department of agriculture and land 2 stewardship associated with all of the following: 3 (i) Providing for seizure of animals pursuant to sections 4 169.3D and 169.3E. 5 (ii) Court costs, reasonable attorney fees, and expenses 6 related to the investigation and prosecution of the case 7 arising from the seizure of animals. 8 (b) The department of natural resources shall allocate 9 any amount of unencumbered and unobligated moneys demanded in 10 writing by the department of agriculture and land stewardship 11 as provided in this subparagraph. The department of natural 12 resources shall complete the allocation upon receiving the 13 demand. 14 (c) The department of agriculture and land stewardship 15 shall repay the fund any amount received from an interested 16 person pursuant to an order by a court in a dispositional 17 proceeding conducted pursuant to section 163.3E. 18 Sec. ___. REPEAL. Section 166D.3, Code 2020, is repealed. 19 Sec. ___. CODE EDITOR DIRECTIVE. 20 1. The Code editor is directed to make the following 21 transfer: 22 Section 163.3 to section 163.3G. 23 2. The Code editor shall correct internal references in the 24 Code and in any enacted legislation as necessary due to the 25 enactment of this section. 26 Sec. ___. CODE EDITOR DIRECTIVE. The Code editor shall 27 divide chapter 163, subchapter I, into parts, including 28 sections 163.1 and 163.2 as part A, sections 163.2A through 29 163.5, including sections amended or enacted as provided in 30 this division of this Act, as part B, and sections 163.6 31 through 163.25 as part C. 32 Sec. ___. EFFECTIVE DATE. This division of this Act, being 33 deemed of immediate importance, takes effect upon enactment. 34 DIVISION II 35 -10- H8206.4155 (4) 88 da/ns 10/ 13

FOOD OPERATION TRESPASS 1 Sec. ___. NEW SECTION . 716.7A Food operation trespass. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Apiary” and “bee” mean the same as defined in section 5 160.1A. 6 b. “Food animal” means an animal belonging to the bovine, 7 caprine, ovine, or porcine species; farm deer as defined in 8 section 170.1; turkeys, chickens, or other poultry; fish or 9 other aquatic organisms confined in private waters for human 10 consumption; or bees. 11 c. “Food establishment” , “food processing plant” , and 12 “farmers market” mean the same as defined in section 137F.1. 13 d. “Food operation” means any of the following: 14 (1) A location where a food animal is produced, maintained, 15 or otherwise housed or kept, or processed in any manner. 16 (2) A location other than as described in subparagraph (1) 17 where a food animal is kept, including an apiary, livestock 18 market, vehicle or trailer attached to a vehicle, fair, 19 exhibition, or a business operated by a person licensed to 20 practice veterinary medicine pursuant to chapter 169. 21 (3) A location where a meat food product, poultry product, 22 milk or milk product, eggs or an egg product, aquatic product, 23 or honey is prepared for human consumption, including a food 24 processing plant, a slaughtering establishment operating under 25 the provisions of 21 U.S.C. §451 et seq. or 21 U.S.C. §601 26 et seq.; or a slaughtering establishment subject to state 27 inspection as provided in chapter 189A. 28 (4) A food establishment or farmers market that sells or 29 offers for sale a meat food product, poultry product, milk 30 or milk product, eggs or an egg product, aquatic product, or 31 honey. 32 e. “Meat food product” , “poultry product” , and “prepared” 33 mean the same as defined in section 189A.2. 34 2. A person commits food operation trespass by entering 35 -11- H8206.4155 (4) 88 da/ns 11/ 13

or remaining on the property of a food operation without the 1 consent of a person who has real or apparent authority to allow 2 the person to enter or remain on the property. 3 3. Subsection 2 does not apply to any of the following: 4 a. A person entering a right-of-way, if the person has not 5 been notified or requested by posted signage or other means to 6 abstain from entering onto the right-of-way or to vacate the 7 right-of-way. 8 b. A person having lawful authority to enter onto the 9 property of the food operation, including but not limited to a 10 federal, state, or local government official. 11 c. A person who is given express permission by the owner of 12 the food operation to enter onto or remain on the property of 13 the food operation. 14 d. A person employed by a food operation while acting in the 15 course of employment. 16 Sec. ___. Section 716.8, Code 2020, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 8. a. For a first offense, a person who 19 commits food operation trespass as provided in section 716.7A 20 is guilty of an aggravated misdemeanor. 21 b. For a second or subsequent offense, a person who commits 22 food operation trespass as provided in section 716.7A is guilty 23 of a class “D” felony. 24 Sec. ___. EFFECTIVE DATE. This division of this Act, being 25 deemed of immediate importance, takes effect upon enactment. >> 26 2. By striking page 18, line 34, through page 19, line 27 3, and inserting: << An Act relating to agriculture and 28 food, including the powers and duties of the department 29 of agriculture and land stewardship, providing penalties, 30 making penalties applicable, and including effective date 31 provisions. >> 32 -12- H8206.4155 (4) 88 da/ns 12/ 13 #2.