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