House File 2474
HOUSE FILE
BY COMMITTEE ON AGRICULTURE
(SUCCESSOR TO HF 2377)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act regulating the transportation of animal carcasses, and
2 providing for fees and penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 167.4, Code 2003, is amended by
1 2 striking the section and inserting in lieu thereof the
1 3 following:
1 4 167.4 LICENSING PROCEDURE == FEES.
1 5 The following shall apply to a person required to be
1 6 licensed under this chapter:
1 7 1. The person shall submit an application for a license to
1 8 the department in a manner and according to procedures
1 9 required by the department.
1 10 2. The person shall include in the application information
1 11 as required by the department, on forms prescribed by the
1 12 department, which shall include at least all of the following:
1 13 a. For a disposal plant, the person shall state the
1 14 person's name and address, the person's proposed place of
1 15 business, and the total number of vehicles to be involved in
1 16 the operation.
1 17 b. For a collection point involving the accumulation of
1 18 whole animal carcasses or their parts for ultimate
1 19 transportation to a disposal plant, the person's name and
1 20 address, the person's proposed place of business, and the
1 21 total number of vehicles to be involved in the operation.
1 22 c. For a delivery service which transports whole animal
1 23 carcasses or their parts to a disposal plant or collection
1 24 point, the person's name and address, the total number of
1 25 vehicles to be involved in the operation, and the location
1 26 where the vehicles involved in the operation are to be
1 27 maintained.
1 28 3. The person shall submit a separate application for each
1 29 location that the person is to operate a disposal plant,
1 30 collection point, or a delivery service.
1 31 4. The person shall submit a license fee as follows:
1 32 a. For a disposal plant, one hundred dollars.
1 33 b. For a collection point, one hundred dollars. However,
1 34 a person is not required to pay the license fee for a
1 35 collection point which is operated by a disposal plant.
2 1 c. For a delivery service which is not part of the
2 2 operation of a disposal plant or collection point, fifty
2 3 dollars.
2 4 5. A license issued under this section shall expire on
2 5 December 31 of each year. The person may renew the license by
2 6 completing a renewal form as prescribed by the department in a
2 7 manner and according to procedures required by the department.
2 8 However, the renewal form must be submitted to the department
2 9 prior to the license's expiration date. The person shall
2 10 submit a renewal license fee which shall be for the same
2 11 amount as the original license fee.
2 12 Fees collected pursuant to this section shall be deposited
2 13 into the general fund of the state.
2 14 6. A person's license is subject to suspension or
2 15 revocation by the department if the department determines that
2 16 the person has committed a material violation of this chapter,
2 17 including rules adopted by this chapter, or a term or
2 18 condition of the license. The person may contest the
2 19 department's action as provided in chapter 17A.
2 20 Sec. 2. Section 167.15, Code 2003, is amended by striking
2 21 the section and inserting in lieu thereof the following:
2 22 167.15 TRANSPORTATION OF ANIMALS == CARCASSES OR PARTS.
2 23 1. A person required to be licensed under section 167.4
2 24 shall transport a whole or part of an animal carcass or offal
2 25 material according to requirements adopted by departmental
2 26 rule.
2 27 a. The delivery vehicle's container used for loading and
2 28 transporting the carcass or offal material shall be
2 29 constructed according to departmental rules in a manner that
2 30 prevents parts or liquids associated with the carcass or offal
2 31 material from escaping during transport.
2 32 b. The department shall adopt rules requiring that the
2 33 delivery vehicle's container be covered when transporting an
2 34 animal carcass or offal material. However, this requirement
2 35 shall not apply to a route delivery vehicle used primarily to
3 1 transport animal carcasses from a farm to another location,
3 2 unless the department issues a special order as provided in
3 3 this paragraph. The department may issue such an order and
3 4 require that the delivery vehicle's container be covered, if
3 5 the state veterinarian determines that an animal or animal
3 6 carcass on the farm has been infected or exposed to an
3 7 infectious or contagious disease or that there has been an
3 8 outbreak of an infectious or contagious disease in the area
3 9 where the farm is located.
3 10 c. The person shall not overload the delivery vehicle's
3 11 container with carcasses or offal material.
3 12 2. The department shall provide for the inspection of
3 13 delivery vehicles used to transport carcasses or offal
3 14 material, disposal plants, collection points, or other
3 15 locations in which carcasses or offal material is stored or
3 16 processed before being delivered to a disposal plant.
3 17 Sec. 3. Section 167.19, Code 2003, is amended to read as
3 18 follows:
3 19 167.19 PENALTY.
3 20 The violation of any of the provisions of A person who
3 21 violates this chapter or any a rule adopted thereunder by the
3 22 department shall be pursuant to this chapter is guilty of a
3 23 simple misdemeanor. The person may be subject to a civil
3 24 penalty of not less than one hundred dollars and not more than
3 25 one thousand dollars for each violation. However, the state
3 26 shall be precluded from bringing a criminal action against the
3 27 person if the department has initiated a civil enforcement
3 28 proceeding. Moneys collected in civil penalties shall be
3 29 deposited into the general fund of the state.
3 30 Sec. 4. Sections 167.6, 167.9, and 167.10, Code 2003, are
3 31 repealed.
3 32 EXPLANATION
3 33 This bill amends Code chapter 167, which provides for the
3 34 transportation and rendering of animal carcasses by persons
3 35 licensed by the department of agriculture and land
4 1 stewardship. Code sections 167.4 and 167.6 require a person
4 2 who is engaged in the business of disposing of animal
4 3 carcasses to pay the department an application fee of $100 and
4 4 a license fee of $100. The bill rewrites Code section 167.4
4 5 by providing application procedures and fees for three classes
4 6 of persons who: (1) operate a disposal plant; (2) operate a
4 7 collection point where animal carcasses are accumulated; and
4 8 (3) operate a delivery service which transports whole animal
4 9 carcasses or their parts to a collection point or disposal
4 10 plant. The fee for these classes of persons is $100 except
4 11 for delivery services that are not part of an operation
4 12 associated with a disposal plant or collection point. Those
4 13 persons are charged a $50 license fee. The bill regulates the
4 14 transportation of carcasses or their parts and specifically
4 15 provides that a vehicle's container is not required to be
4 16 covered unless the department orders otherwise based on actual
4 17 or potential outbreaks of infectious or contagious diseases.
4 18 Generally, a person who violates a provision of Code
4 19 chapter 167 is guilty of a simple misdemeanor. The bill
4 20 provides that the person may be subject to a civil penalty of
4 21 not less than $100 and not more than $1,000. However, a
4 22 person cannot be subject to both a criminal and civil penalty.
4 23 The bill also repeals a number of code provisions which are
4 24 addressed in the bill's new Code section 167.4.
4 25 LSB 5948HV 80
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