House File 2476

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 to embrace include 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