House Study Bill 697
HOUSE FILE
BY (PROPOSED COMMITTEE ON
AGRICULTURE BILL BY
CHAIRPERSON DRAKE)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act regulating transmissible viruses afflicting poultry and
2 providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5739HC 80
5 da/gg/14
PAG LIN
1 1 Section 1. Section 163.2, unnumbered paragraph 1, Code
1 2 2003, is amended to read as follows:
1 3 For the purpose of this chapter, infectious and contagious
1 4 diseases shall be deemed to embrace include glanders, farcy,
1 5 maladie du coit (dourine), anthrax, foot and mouth disease,
1 6 scabies, hog cholera, swine dysentery, tuberculosis,
1 7 brucellosis, vesicular exanthema, scrapie, rinderpest, ovine
1 8 foot rot, avian influenza or Newcastle disease as provided in
1 9 chapter 165B, or any other communicable disease so designated
1 10 by the department.
1 11 Sec. 2. NEW SECTION. 165B.1 DEFINITIONS.
1 12 1. "Concentration point" means a location or facility
1 13 where poultry originating from the same or different sources
1 14 are assembled for any purpose. However, a concentration point
1 15 does not include an animal feeding operation as defined in
1 16 section 459.102 if the poultry are provided care and feeding
1 17 for purposes of egg production or slaughter.
1 18 2. "Department" means the department of agriculture and
1 19 land stewardship.
1 20 3. "Manure" means the same as defined in section 459.102.
1 21 4. "Pathogenic virus" means any of the following:
1 22 a. A recognized serotype of the virus avian paramyxovirus
1 23 which is classified as a velogenic or mesogenic strain of that
1 24 virus and which may be transmitted to poultry.
1 25 b. A recognized serotype of the virus commonly referred to
1 26 as avian influenza which may be transmitted to poultry.
1 27 5. "Poultry" means domesticated fowl which are chickens,
1 28 ducks, or turkeys.
1 29 6. "Separate and apart" means to hold poultry so that
1 30 neither the poultry nor organic material originating from the
1 31 poultry has physical contact with other animals.
1 32 7. "Slaughtering establishment" means a slaughtering
1 33 establishment operated under the provisions of the federal
1 34 Meat Inspection Act, 21 U.S.C. } 601 et seq., or a
1 35 slaughtering establishment that has been inspected by the
2 1 state.
2 2 Sec. 3. NEW SECTION. 165B.2 ADMINISTRATION AND
2 3 ENFORCEMENT.
2 4 1. The provisions of this chapter, including departmental
2 5 rules adopted pursuant to this chapter, shall be administered
2 6 and enforced by the department. The department shall
2 7 establish, by rule, civil penalties which may be
2 8 administratively or judicially assessed. The department may
2 9 impose, assess, and collect the civil penalties. The attorney
2 10 general or county attorney may bring a judicial action or
2 11 prosecution necessary to enforce the provisions of this
2 12 chapter.
2 13 2. The provisions of this chapter do not limit the
2 14 authority of the department, another state agency, or a
2 15 political subdivision to regulate or bring an enforcement
2 16 action against a person based on another provision of law,
2 17 including but not limited to provisions in chapter 163, 717B,
2 18 or 717D.
2 19 Sec. 4. NEW SECTION. 165B.3 DETERMINATION OF INFECTION.
2 20 The department may adopt rules if necessary to provide
2 21 methods and procedures to determine whether poultry are
2 22 infected with a pathogenic virus, which may include detection
2 23 and analysis of the disease using techniques approved by the
2 24 United States department of agriculture.
2 25 Sec. 5. NEW SECTION. 165B.4 INFECTED AND EXPOSED POULTRY
2 26 == CIVIL PENALTY == INJUNCTIVE RELIEF.
2 27 1. A person who is the owner or custodian of poultry
2 28 infected with or exposed to a pathogenic virus shall keep the
2 29 poultry separate and apart, and shall dispose of infected or
2 30 exposed poultry in accordance with requirements of the
2 31 department. The person shall ensure the premises where such
2 32 poultry are kept are sanitized as required by the department.
2 33 The person shall dispose of the poultry carcasses, eggs, or
2 34 manure as provided by the department.
2 35 2. A person who violates this section is subject to a
3 1 civil penalty of at least one hundred dollars but not more
3 2 than one thousand dollars, as determined by the department.
3 3 In the case of a continuing violation, each day of the
3 4 continuing violation is a separate violation. However, a
3 5 person shall not be subject to a civil penalty totaling more
3 6 than twenty=five thousand dollars.
3 7 3. The department may seek injunctive relief as provided
3 8 in section 163.62.
3 9 Sec. 6. NEW SECTION. 165B.5 RESTRICTED CONCENTRATION
3 10 POINTS == CIVIL PENALTIES.
3 11 1. A person shall not operate a restricted concentration
3 12 point which the department determines may pose a significant
3 13 risk that poultry may be infected or exposed to a pathogenic
3 14 virus. A restricted concentration point includes, but is not
3 15 limited to, all of the following:
3 16 a. An establishment where poultry are sold, bartered, or
3 17 offered for sale or barter, if the establishment is part of a
3 18 market where poultry are sold, bartered, or offered for sale
3 19 or barter to the general public.
3 20 b. An establishment where poultry are placed together as
3 21 part of a contest, including but not limited to an event
3 22 conducted for purposes of producing violent contact between
3 23 the poultry.
3 24 2. Subsection 1 does not apply to any of the following:
3 25 a. A slaughtering establishment, public stockyard,
3 26 livestock auction market, state or federal market, livestock
3 27 buying station, or a livestock dealer's yard, truck, or
3 28 facility.
3 29 b. A fair conducted pursuant to chapter 173 or 174.
3 30 c. An event sanctioned by the department.
3 31 d. A 4=H function.
3 32 e. An event sponsored or sanctioned by the Iowa turkey
3 33 marketing council, the Iowa turkey federation, the national
3 34 turkey federation, the Iowa poultry association, the Iowa egg
3 35 council, the American egg board, or the American poultry
4 1 association.
4 2 3. a. A person who owns or operates a restricted
4 3 concentration point is subject to a civil penalty of not less
4 4 than five thousand dollars for the first violation and not
4 5 less than twenty=five thousand dollars for each subsequent
4 6 violation. Each day that a violation continues constitutes a
4 7 separate violation.
4 8 b. A person who has a legal interest in infected poultry
4 9 or has custody of infected poultry which are located at a
4 10 restricted concentration point is subject to a civil penalty
4 11 of not less than five thousand dollars for the first violation
4 12 and not less than twenty=five thousand dollars for each
4 13 subsequent violation. Each day that a violation continues
4 14 constitutes a separate violation.
4 15 c. A person who transports poultry to or from a
4 16 concentration point is subject to a civil penalty of not less
4 17 than one thousand dollars for the first violation and not less
4 18 than five thousand dollars for each subsequent violation.
4 19 Each day that a violation continues constitutes a separate
4 20 violation.
4 21 d. A person who purchases, offers to purchase, barters, or
4 22 offers to barter for poultry at a restricted concentration
4 23 point is subject to a civil penalty of not less than one
4 24 hundred dollars for the first violation and not less than one
4 25 thousand dollars for each subsequent violation. Each day that
4 26 a violation continues constitutes a separate violation.
4 27 e. A person who charges admission for entry into a
4 28 restricted concentration point where a contest occurs or
4 29 otherwise holds, advertises, or conducts the contest is
4 30 subject to a civil penalty of not less than one thousand
4 31 dollars for the first violation and not less than five
4 32 thousand dollars for each subsequent violation. Each day that
4 33 a violation continues constitutes a separate violation.
4 34 f. A person who attends or participates in a contest at a
4 35 restricted concentration point where a contest occurs is
5 1 subject to a civil penalty of not less than one hundred
5 2 dollars for the first violation and not less than one thousand
5 3 dollars for each subsequent violation. Each day that a
5 4 violation continues constitutes a separate violation.
5 5 4. If a person is found in violation of this section, the
5 6 person's property which is associated with the violation is
5 7 forfeitable property as provided in chapter 809.
5 8 EXPLANATION
5 9 This bill regulates certain viruses affecting poultry,
5 10 including avian paramyxovirus, commonly referred to as
5 11 Newcastle disease, and avian influenza. The bill refers to
5 12 these viruses as pathogenic viruses. The bill adds these
5 13 viruses to the list of infectious and contagious diseases
5 14 enumerated in Code chapter 163. That chapter provides general
5 15 authority to the department of agriculture and land
5 16 stewardship to protect animal populations against threats to
5 17 health.
5 18 The bill creates a new Code chapter 165B to be administered
5 19 by the department. The bill authorizes the department to
5 20 adopt rules under the Code chapter, which may include the
5 21 approval of methods to determine infection. The bill provides
5 22 that the owners or custodians of poultry infected with or
5 23 exposed to the virus must take measures designed to prevent
5 24 its spread as required by the department.
5 25 The bill also authorizes the department to regulate certain
5 26 concentration points where poultry are assembled other than
5 27 for their care and feeding.
5 28 The bill establishes a number of civil penalties. The
5 29 owner or custodian of poultry infected with the pathogenic
5 30 virus is subject to a civil penalty of at least $100 and not
5 31 more than $1,000. The bill provides other civil penalties
5 32 which apply to persons involved in restricted concentration
5 33 points, including a person who owns or operates a restricted
5 34 concentration point; has a legal interest in infected poultry
5 35 or has custody of infected poultry; transports poultry to or
6 1 from a restricted concentration point; purchases, offers to
6 2 purchase, barters, or offers to barter for poultry at a
6 3 restricted concentration point; charges admission for entry
6 4 into a restricted concentration point where a contest occurs
6 5 or otherwise holds, advertises, or conducts the contest; or
6 6 attends or participates in a contest at a restricted
6 7 concentration point where a contest occurs. The amount of the
6 8 civil penalties range from $100 to $5,000 for the first
6 9 violation and from $1,000 to $25,000 for a subsequent
6 10 violation.
6 11 The bill also provides that if a person is found in
6 12 violation of a provision related to a restricted concentration
6 13 point, the person's property which is involved in the
6 14 violation is subject to seizure and forfeiture.
6 15 LSB 5739HC 80
6 16 da/gg/14