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:
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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.
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