House File 328 - Introduced



                                       HOUSE FILE       
                                       BY  GREINER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for the regulation of livestock moved into this
  2    state, by requiring a certificate treatment, and making
  3    penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1225YH 81
  6 da/pj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  163.14A  CERTIFICATE OF DRUG
  1  2 TREATMENT.
  1  3    A person shall not move livestock into this state from a
  1  4 foreign country if the livestock has been treated with any
  1  5 drug required to be approved by the United States food and
  1  6 drug administration for treating livestock in this country,
  1  7 and the United States food and drug administration has not
  1  8 approved that drug.  The person moving livestock into this
  1  9 state from a foreign country shall keep a certificate of
  1 10 treatment stating that the livestock has not been treated with
  1 11 the drug.  The certificate shall be signed by the livestock's
  1 12 owner or agent, which may be a veterinarian responsible for
  1 13 the health of the livestock.  A copy of the certificate shall
  1 14 be attached to the waybill accompanying a shipment or as part
  1 15 of the standard form of a transportation certificate or
  1 16 another shipping document as provided in section 172B.3.
  1 17                           EXPLANATION
  1 18    The United States food and drug administration requires
  1 19 that animal drug manufacturers show that each new animal drug
  1 20 (e.g., a therapeutic, prophylactic, or growth promoter) is
  1 21 safe and effective before it is approved for marketing in the
  1 22 country (see 21 U.S.C. ch. 9).  This bill amends Code chapter
  1 23 163 which, in part, provides for the inspection of livestock
  1 24 including imported livestock, and requires that shipments of
  1 25 livestock be accompanied by a certificate of inspection.  The
  1 26 bill is modeled on those provisions.
  1 27    The bill provides that a person cannot move livestock into
  1 28 this state from a foreign country if the livestock has been
  1 29 treated with any drug required to be approved by the United
  1 30 States food and drug administration for treating livestock in
  1 31 this country, and the United States food and drug
  1 32 administration has not approved that drug.  The bill requires
  1 33 that a person moving the livestock keep a certificate of
  1 34 treatment stating that the livestock has not been treated with
  1 35 the drug.  The certificate must be signed by the livestock's
  2  1 owner or agent.  In addition, a copy of the certificate must
  2  2 be attached to the waybill accompanying the shipment or as
  2  3 part of the standard form of a transportation certificate or
  2  4 another shipping document as approved by the department of
  2  5 agriculture and land stewardship.  A copy of the certificate
  2  6 must also be delivered to the department.
  2  7    Code section 163.61 provides that the department must
  2  8 establish civil penalties for violations of the Code chapter's
  2  9 provisions.  In general, a person violating a provision of the
  2 10 chapter is subject to a civil penalty of at least $100 but not
  2 11 more than $1,000.  In the case of a continuing violation, each
  2 12 day of the continuing violation is a separate violation.
  2 13 However, a person cannot be subject to a civil penalty
  2 14 totaling more than $25,000.
  2 15 LSB 1225YH 81
  2 16 da:nh/pj/5