Senate File 2311 - Introduced SENATE FILE 2311 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 3140) A BILL FOR An Act revising provisions affecting the administration 1 of the department of agriculture and land stewardship, 2 including associated regulations and licensing, as it 3 relates to biofuels, weather and market information, 4 internet publications, soil and water conservation, feed, 5 vaccinations, tuberculosis, brucellosis, classical swine 6 fever, Johne’s disease, treatment for sheep, branding, 7 manufactured articles, grain, pesticides, coal mining, and 8 weights and measures, making penalties applicable, and 9 including applicability provisions. 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 11 TLSB 5225SV (6) 84 da/rj

S.F. 2311 DIVISION I 1 GENERAL 2 Section 1. Section 159.2, subsection 1, Code 2011, is 3 amended to read as follows: 4 1. To encourage, promote, and advance the interests of 5 agriculture, including horticulture, livestock industry, 6 dairying, cheese making, poultry raising, biofuels, beekeeping, 7 production of wool, production of domesticated fur-bearing 8 animals, and other kindred and allied industries. 9 Sec. 2. Section 159.5, subsection 4, Code 2011, is amended 10 to read as follows: 11 4. Maintain a weather division bureau which shall, in 12 cooperation with the national weather service, collect 13 and disseminate weather and phenological statistics and 14 meteorological data, and promote knowledge of meteorology, 15 phenology, and climatology of the state. The division bureau 16 shall be headed by the state climatologist who shall be 17 appointed by the secretary of agriculture, and shall be an 18 officer of the national weather service, if one is detailed for 19 that purpose by the federal government. 20 Sec. 3. Section 159.5, subsection 5, Code 2011, is amended 21 by striking the subsection. 22 Sec. 4. Section 159.5, subsection 7, Code 2011, is amended 23 to read as follows: 24 7. Maintain a division of agricultural statistics, which 25 shall, in cooperation Cooperate with the United States 26 department of agriculture statistical reporting service, to 27 gather, compile, and publish statistical information concerning 28 the condition and progress of crops, the production of crops, 29 livestock, livestock products, poultry, and other such related 30 agricultural statistics, as will generally promote knowledge 31 of the agricultural industry in the state of Iowa. The 32 statistics, when published, constitute official agricultural 33 statistics for the state of Iowa. The division is in the 34 charge of an administrator, who shall be appointed by the 35 -1- LSB 5225SV (6) 84 da/rj 1/ 60

S.F. 2311 secretary of agriculture and who shall be an officer of the 1 United States department of agriculture statistical reporting 2 service, if one is detailed for that purpose by the federal 3 government. 4 Sec. 5. Section 159.5, subsection 8, Code 2011, is amended 5 to read as follows: 6 8. Establish and maintain a marketing news service division 7 bureau in the department which shall, in cooperation with the 8 federal market news and grading division of the United States 9 department of agriculture, collect and disseminate data and 10 information relative to the market prices and conditions of 11 agricultural products raised, produced, and handled in the 12 state. The division is in the charge of an administrator, who 13 shall be appointed by the secretary of agriculture and shall be 14 an officer of the federal market news and grading division of 15 the United States department of agriculture, if one is detailed 16 for that purpose by the federal government. 17 Sec. 6. Section 159.9, Code 2011, is amended to read as 18 follows: 19 159.9 Publication and distribution of rules Internet access 20 to statutes and rules . 21 A sufficient number of pamphlets setting forth the The 22 statutes relating to and rules of adopted by the department 23 shall be published from time to time to supply the various 24 needs for the same and shall be furnished to any resident of 25 the state upon request shall be made available on the internet . 26 Sec. 7. REPEAL. Section 159.14, Code 2011, is repealed. 27 DIVISION II 28 SOIL AND WATER CONSERVATION 29 Sec. 8. Section 159.8, Code 2011, is amended to read as 30 follows: 31 159.8 Comprehensive management plan —— highly erodible acres. 32 1. The department shall request cooperation from the 33 federal government, including the United States department 34 of agriculture consolidated farm service agency and the 35 -2- LSB 5225SV (6) 84 da/rj 2/ 60

S.F. 2311 United States department of agriculture natural resources 1 conservation service, to investigate methods to preserve 2 land which is highly erodible, as provided in the federal 3 Food Security Act of 1985, 16 U.S.C. § 3801 et seq., for the 4 purpose of developing with owners of the land a comprehensive 5 management plan for the land. The plan may be based on the 6 soil conservation plan of the natural resources conservation 7 service and may include a farm unit conservation plan and a 8 comprehensive agreement as provided in chapter 161A . The 9 extension services at Iowa state university of science and 10 technology shall cooperate with the department in developing 11 the comprehensive plan. 12 2. The investigation shall include methods which help 13 to preserve highly erodible land from row crop production 14 through production of alternative commodities, and financial 15 incentives. The department shall report to the governor and 16 the general assembly not later than January 15, 1990, of the 17 department’s progress in the investigation. The department 18 shall report to the governor and the general assembly not later 19 than January 15, 1991, on the department’s recommendation for 20 programs necessary to preserve highly erodible land from injury 21 or destruction. 22 Sec. 9. Section 161A.7, subsection 3, Code 2011, is amended 23 to read as follows: 24 3. The commissioners shall , as a condition for the receipt 25 of any state cost-sharing funds for permanent soil conservation 26 practices, shall require the owner of the land on which the 27 practices are to be established to covenant and file, in the 28 office of the soil and water conservation district of the 29 county in which the land is located, an agreement identifying 30 the particular lands upon which the practices for which state 31 cost-sharing funds are to be received will be established, 32 and providing that the project will not be removed, altered, 33 or modified so as to lessen its effectiveness without the 34 consent of the commissioners, obtained in advance and based on 35 -3- LSB 5225SV (6) 84 da/rj 3/ 60

S.F. 2311 guidelines drawn up by the state soil conservation committee, 1 for a period of not to exceed twenty years after the date of 2 receiving payment. The commissioners shall assist the division 3 in the enforcement of this subsection . The agreement does not 4 create a lien on the land, but is a charge personally against 5 the owner of the land at the time of removal, alteration, or 6 modification if an administrative order is made under section 7 161A.61, subsection 3 . 8 Sec. 10. Section 161A.12, Code 2011, is amended to read as 9 follows: 10 161A.12 Statement to department of management. 11 On or before October 1 next preceding each annual 12 legislative session, the division department shall submit to 13 the department of management, on official estimate blanks 14 furnished for those purposes, statements and estimates of the 15 expenditure requirements for each fiscal year, and a statement 16 of the balance of funds, if any, available to the division, 17 and the estimates of the division as to the sums needed for 18 the administrative and other expenses of the division for the 19 purposes of this chapter . 20 Sec. 11. Section 161A.42, subsection 3, Code 2011, is 21 amended by striking the subsection. 22 Sec. 12. Section 161A.42, subsection 7, Code 2011, is 23 amended to read as follows: 24 7. “Farm unit soil conservation plan” means a plan jointly 25 developed by the owner and, if appropriate, the operator 26 of a farm unit and the commissioners of the soil and water 27 conservation district within which that farm unit is located, 28 based on the conservation folder for that farm unit and 29 identifying those permanent soil and water conservation 30 practices and temporary soil and water conservation practices 31 the use of which may be expected to prevent soil loss by 32 erosion from that farm unit in excess of the applicable soil 33 loss limit or limits. The plan shall if practicable identify 34 alternative practices by which this objective may be attained. 35 -4- LSB 5225SV (6) 84 da/rj 4/ 60

S.F. 2311 Sec. 13. Section 161A.61, subsection 2, unnumbered 1 paragraph 1, Code 2011, is amended to read as follows: 2 Beginning January 1, 1985, or five years after the 3 completion of the conservation folder for a particular farm 4 unit pursuant to this section , whichever date is later, the The 5 commissioners of the soil and water conservation district in 6 which that farm unit is located may petition the district court 7 for an appropriate order with respect to that farm unit if its 8 owner or occupant has been sent a notice by the commissioners 9 under subsection 1 , paragraph “b” , for three or more consecutive 10 years. The commissioners’ petition shall seek a court order 11 which states a time not more than six months after the date of 12 the order when the owner or occupant must commence, and a time 13 when the owner or occupant must complete the steps necessary 14 to comply with the order. The time allowed to complete the 15 establishment of a temporary soil and water conservation 16 practice employed to comply or advance toward compliance 17 with the court’s order shall be not more than one year after 18 the date of that order, and the time allowed to complete 19 the establishment of a permanent soil and water conservation 20 practice employed to comply with the court’s order shall be not 21 more than five years after the date of that order. Section 22 161A.48 applies to a court order issued under this subsection . 23 The steps required of the farm unit owner or operator by the 24 court order are those which are necessary to do one of the 25 following: 26 Sec. 14. Section 161A.62, subsection 1, Code 2011, is 27 amended by striking the subsection. 28 Sec. 15. Section 161A.62, subsection 2, Code 2011, is 29 amended to read as follows: 30 2. The commissioners of each soil and water conservation 31 district shall complete preparation of a farm unit soil 32 conservation plan for each farm unit within the district , not 33 later than January 1, 1985, or five years after completion of 34 the conservation folder for that farm unit, whichever date is 35 -5- LSB 5225SV (6) 84 da/rj 5/ 60

S.F. 2311 later, or as soon thereafter as adequate funding is available 1 to permit compliance with this requirement. 2 a. Technical assistance in the development of the farm 3 unit soil conservation plan may be provided by the United 4 States department of agriculture natural resources conservation 5 service through the memorandum of understanding with the 6 district or by the department. The commissioners shall make 7 every reasonable effort to consult with the owner and, if 8 appropriate, with the operator of that farm unit, and to 9 prepare the plan in a form which is acceptable to that person 10 or those persons. 11 b. The farm unit soil conservation plan shall be drawn 12 up and completed without expense to the owner or operator of 13 the farm unit, except that the owner or operator shall not be 14 reimbursed for the value of the owner’s or occupant’s own time 15 devoted to participation in the preparation of the plan. 16 c. If the commissioners’ farm unit soil conservation plan 17 is unacceptable to the owner or operator of the farm unit, 18 that person or those persons may prepare an alternative farm 19 unit soil conservation plan identifying permanent or temporary 20 soil and water conservation practices which may be expected 21 to achieve compliance with the soil loss limit or limits 22 applicable to that farm unit, and submit that plan to the soil 23 and water conservation district commissioners for their review. 24 Sec. 16. Section 161A.63, Code 2011, is amended to read as 25 follows: 26 161A.63 Right of purchaser of agricultural land to obtain 27 information. 28 A prospective purchaser of an interest in agricultural land 29 located in this state is entitled to obtain from the seller, or 30 from the office of the soil and water conservation district in 31 which the land is located, a copy of the most recently updated 32 conservation folder and of any farm unit soil conservation 33 plan, developed pursuant to section 161A.62, subsection 2 , 34 which are applicable to the agricultural land proposed to 35 -6- LSB 5225SV (6) 84 da/rj 6/ 60

S.F. 2311 be purchased. A prospective purchaser of an interest in 1 agricultural land located in this state is entitled to obtain 2 additional copies of either or both of the documents referred 3 to in this section from the office of the soil and water 4 conservation district in which the land is located, promptly 5 upon request, at a fee not to exceed the cost of reproducing 6 them. All persons who identify themselves to the commissioners 7 or staff of a soil and water conservation district as 8 prospective purchasers of agricultural land in the district 9 shall be given information, prepared in accordance with rules 10 of the department, which clearly explains the provisions of 11 section 161A.76 . 12 Sec. 17. Section 161A.73, subsection 2, paragraph b, Code 13 2011, is amended to read as follows: 14 b. The allocation of cost-share moneys as financial 15 incentives to encourage summer construction of permanent soil 16 and water conservation practices. The practices must be 17 constructed on or after June 1 15 but not later than September 18 October 15. The commissioners may also provide for the 19 payment of moneys on a prorated basis to compensate persons 20 for the production loss on an area disturbed by construction, 21 according to rules which shall be adopted by the division. The 22 commissioners shall not allocate cost-share moneys to support 23 summer construction during a fiscal year in which applications 24 for cost-share moneys required to establish permanent soil and 25 water conservation practices, other than established by summer 26 construction, equal the total amount available to support the 27 nonsummer construction practices. The financial incentives 28 shall not exceed sixty percent of the estimated cost of 29 establishing the practice as determined by the commissioners, 30 or sixty percent of the actual cost of establishing the 31 practice, whichever is less. 32 Sec. 18. Section 161A.76, subsection 1, Code 2011, is 33 amended to read as follows: 34 1. It is the intent of this chapter that , effective 35 -7- LSB 5225SV (6) 84 da/rj 7/ 60

S.F. 2311 January 1, 1981, each tract of agricultural land which has 1 not been plowed or used for growing row crops at any time 2 within the prior fifteen years prior to that date , shall 3 for purposes of this section be considered classified as 4 agricultural land under conservation cover. If a tract of land 5 so classified is thereafter plowed or used for growing row 6 crops, the commissioners of the soil and water conservation 7 district in which the land is located shall not approve 8 use of state cost-sharing funds for establishing permanent 9 or temporary soil and water conservation practices on that 10 tract of land in an amount greater than one-half the amount 11 of cost-sharing funds which would be available for that land 12 if it were not considered classified as agricultural land 13 under conservation cover. The restriction imposed by this 14 section applies even if an administrative order or court order 15 has been issued requiring establishment of soil and water 16 conservation practices on that land. The commissioners may 17 waive the restriction imposed by this section if they determine 18 in advance that the purpose of plowing or row cropping land 19 classified as land under conservation cover is to revitalize 20 permanent pasture and that the land will revert to permanent 21 pasture within two years after it is plowed. 22 DIVISION III 23 ANIMAL HEALTH —— GENERAL 24 Sec. 19. Section 163.7, Code 2011, is amended to read as 25 follows: 26 163.7 State and federal rules. 27 The rules adopted by the department regarding interstate 28 shipments of animals shall not be in conflict with the rules 29 of the federal United States department of agriculture, unless 30 there is an outbreak of a malignant contagious disease in any 31 locality, state, or territory, in which event the department 32 shall have the right to of agriculture and land stewardship may 33 place an embargo on such locality, state, or territory. 34 Sec. 20. Section 163.25, Code 2011, is amended to read as 35 -8- LSB 5225SV (6) 84 da/rj 8/ 60

S.F. 2311 follows: 1 163.25 Altering certificate. 2 1. A person shall not remove or alter a tag or mark of 3 identification appearing on an animal, tested or being tested 4 for disease, if the tag or mark of identification is authorized 5 by the department or inserted by any qualified veterinarian. 6 2. A person shall not alter a falsify any of the following: 7 a. A certificate of vaccination , issued by a person 8 authorized to vaccinate the animal. 9 b. A certificate of veterinary inspection. 10 Sec. 21. Section 163.26, Code 2011, is amended to read as 11 follows: 12 163.26 Definition. 13 For the purposes of this subchapter , “garbage” means 14 putrescible animal and vegetable wastes resulting from the 15 handling, preparation, cooking, and consumption of foods, 16 including animal carcasses or parts , and . “Garbage” includes 17 all waste material, by-products of a kitchen, restaurant, 18 hotel, or slaughterhouse, every refuse accumulation of animal, 19 fruit, or vegetable matter, liquids or otherwise, except or 20 grain not consumed, that is collected from hog sales pen 21 floors in public stockyards and fed under the control of the 22 department of agriculture and land stewardship . Animals or 23 parts of animals, which are processed by slaughterhouses or 24 rendering establishments, and which as part of the processing 25 are heated to not less than 212 degrees F. for thirty minutes, 26 are not garbage for purposes of this chapter . 27 Sec. 22. Section 163.27, Code 2011, is amended to read as 28 follows: 29 163.27 Boiling garbage. 30 1. It shall be unlawful for any person, firm, partnership, 31 or corporation to feed garbage Garbage shall not be fed to 32 animals an animal unless such garbage has been heated to a 33 temperature of two hundred twelve degrees Fahrenheit for thirty 34 minutes, or other acceptable method, as provided by rules 35 -9- LSB 5225SV (6) 84 da/rj 9/ 60

S.F. 2311 promulgated adopted by the department , provided . However, this 1 requirement shall not apply to an individual who feeds to the 2 individual’s own animals only the garbage obtained from the 3 individual’s own household. It shall be unlawful for any 4 2. A person , firm, partnership, or corporation to shall not 5 feed any public or commercial garbage to swine after September 6 1, 1970 . 7 Sec. 23. Section 163.28, unnumbered paragraph 4, Code 2011, 8 is amended to read as follows: 9 The license fee for each processing plant shall be fifty 10 dollars, except that the first license fee may be prorated on a 11 monthly basis as prescribed by the department. The secretary 12 shall not issue a license which would permit the processing of 13 any garbage for swine feeding after September 1, 1970 . 14 Sec. 24. Section 163.30, subsection 11, Code Supplement 15 2011, is amended to read as follows: 16 11. All Any swine found by a registered veterinarian to have 17 any infectious or contagious disease after delivery to any a 18 livestock sale barn or auction market for resale , other than 19 for slaughter, shall be immediately returned to the consignor’s 20 premises to be quarantined separate and apart for fifteen 21 days. Such swine shall not be moved from such premises for 22 any purpose unless a certificate of veterinary inspection 23 accompanies the swine’s movement or unless they the swine are 24 sent to slaughter. This subsection shall in no way supersede 25 the requirements of sections 163A.2 and 163A.3 . 26 Sec. 25. Section 163.61, subsection 3, paragraph a, Code 27 2011, is amended to read as follows: 28 a. A person who falsifies a certificate of vaccination or 29 certificate of veterinary inspection shall be subject to a 30 civil penalty of not more than five thousand dollars for each 31 reference to an animal falsified on the certificate. However, 32 a person who falsifies a certificate issued pursuant to chapter 33 166D shall be subject to a civil penalty as provided in this 34 section or section 166D.16 , but not both. A person shall not 35 -10- LSB 5225SV (6) 84 da/rj 10/ 60

S.F. 2311 be subject to a civil penalty totaling more than twenty-five 1 thousand dollars for falsifying a certificate, regardless of 2 the number of animals falsified on the certificate. 3 DIVISION IV 4 ANIMAL HEALTH —— BOVINE TUBERCULOSIS 5 Sec. 26. Section 165.1, Code 2011, is amended to read as 6 follows: 7 165.1 Cooperation. 8 The state department of agriculture and land stewardship 9 is hereby authorized to cooperate with the federal United 10 States department of agriculture for the purpose of eradicating 11 tuberculosis from the dairy and beef breeds of cattle in the 12 state. 13 Sec. 27. Section 165.2, Code 2011, is amended to read as 14 follows: 15 165.2 State as accredited area. 16 1. The state of Iowa is hereby declared to be and is hereby 17 established as an accredited area for the eradication of bovine 18 tuberculosis from the dairy and breeding cattle of the state. 19 It shall be the duty of the department of agriculture and 20 land stewardship to eradicate bovine tuberculosis in all of 21 the counties of the state in the manner provided by law as it 22 appears in this chapter . Said The department shall proceed 23 with the examination, including the tuberculin test, of all 24 such cattle as rapidly as practicable and as is consistent 25 with efficient work, and as funds are available for paying the 26 indemnities as provided by law. 27 2. An owner of dairy or breeding cattle in the state 28 shall conform to and abide by the rules laid down adopted by 29 the department and rules promulgated by the federal United 30 States department of agriculture and . The owner shall follow 31 their instructions of the department of agriculture and land 32 stewardship and the United States department of agriculture 33 designed to suppress the disease, prevent its spread, and avoid 34 reinfection of the herd. 35 -11- LSB 5225SV (6) 84 da/rj 11/ 60

S.F. 2311 Sec. 28. Section 165.3, Code 2011, is amended to read as 1 follows: 2 165.3 Appraisal. 3 Before being tested, such animals shall be appraised 4 at their cash value for breeding, dairy, or beef purposes 5 by the owner and a representative of the department, or a 6 representative of the federal United States department of 7 agriculture, or by the owner and both of such representatives. 8 If these parties cannot agree as to the amount of the 9 appraisal, there shall be appointed three competent and 10 disinterested persons, one by the department, one by the owner, 11 and the third by the first two appointed, to appraise such 12 animals, which appraisal shall be final. Every appraisal shall 13 be under oath or affirmation and the expense of the same shall 14 be paid by the state, except as provided in this chapter . 15 Sec. 29. Section 165.12, Code 2011, is amended to read as 16 follows: 17 165.12 Tuberculosis-free herds. 18 The department shall establish rules for determining when 19 a herd of cattle, tested and maintained under the provisions 20 of this chapter , the laws of the United States, and the rules 21 of the state department of agriculture and land stewardship 22 and regulations of the federal United States department of 23 agriculture, shall be considered as tuberculosis-free. When 24 any herd meets such requirements , the owner shall be entitled 25 to a certificate from the department of agriculture and land 26 stewardship showing that the herd is a tuberculosis-free 27 accredited herd. Such certificate shall be revoked whenever 28 the herd no longer meets the necessary requirements for 29 an accredited herd, but the herd may be reinstated as 30 an accredited herd upon subsequent compliance with such 31 requirements. 32 Sec. 30. Section 165.15, Code 2011, is amended to read as 33 follows: 34 165.15 Accredited veterinarian. 35 -12- LSB 5225SV (6) 84 da/rj 12/ 60

S.F. 2311 An accredited veterinarian is one who has successfully 1 passed an examination set by the department and the federal 2 United States department of agriculture and may make tuberculin 3 tests of accredited herds of cattle under the uniform methods 4 and rules governing accredited herd work which are approved by 5 the United States department of agriculture. 6 DIVISION V 7 ANIMAL HEALTH —— BRUCELLOSIS 8 CONTROL IN SWINE 9 Sec. 31. Section 163A.6, Code 2011, is amended to read as 10 follows: 11 163A.6 Exhibition swine. 12 All Iowa Any breeding swine four months of age and over 13 for exhibition within the this state of Iowa shall meet 14 all requirements for exhibition purposes and shall also be 15 accompanied by an official brucellosis test report showing the 16 swine to have been negative to the brucellosis test conducted 17 within sixty days of date of exhibition unless such swine are 18 from validated brucellosis-free herds . 19 Sec. 32. REPEAL. Sections 163A.2, 163A.3, 163A.4, and 20 163A.11, Code 2011, are repealed. 21 DIVISION VI 22 ANIMAL HEALTH —— CLASSICAL SWINE FEVER 23 Sec. 33. Section 159.6, subsection 4, Code 2011, is amended 24 to read as follows: 25 4. Hog-cholera Classical-swine-fever virus and 26 classical-swine-fever serum, chapter 166 . 27 Sec. 34. Section 163.2, subsection 5, Code Supplement 2011, 28 is amended to read as follows: 29 5. “Infectious or contagious disease” means glanders, farcy, 30 maladie du coit (dourine), anthrax, foot and mouth disease, 31 scabies, hog cholera, classical swine fever, tuberculosis, 32 brucellosis, vesicular exanthema, scrapie, rinderpest, 33 avian influenza or Newcastle disease as provided in chapter 34 165B , pseudorabies as provided in chapter 166D , or any other 35 -13- LSB 5225SV (6) 84 da/rj 13/ 60

S.F. 2311 transmissible, transferable, or communicable disease so 1 designated by the department. 2 Sec. 35. Section 163.30, subsections 7 and 10, Code 3 Supplement 2011, are amended to read as follows: 4 7. The department may require issuance of movement 5 permits on certain categories of swine moved, prior to their 6 movement, pursuant to departmental rule rules adopted by the 7 department . The rule rules shall be promulgated adopted when 8 in the judgment of the secretary, such movements movement would 9 otherwise threaten or imperil the eradication of hog cholera 10 classical swine fever in Iowa. 11 10. The use of anti-hog-cholera anti-classical-swine-fever 12 serum or antibody concentrate shall be in accordance with rules 13 issued adopted by the department. 14 Sec. 36. Section 166.1, subsection 1, Code 2011, is amended 15 to read as follows: 16 1. The words “biological “Biological products” shall 17 include and be deemed to embrace only anti-hog-cholera 18 anti-classical-swine-fever serum and viruses which are either 19 virulent or nonvirulent, alive or dead. 20 Sec. 37. Section 166.16, unnumbered paragraph 1, Code 2011, 21 is amended to read as follows: 22 No A person shall not sell, distribute, use, or offer 23 to sell, distribute, or use virulent blood or virus from 24 cholera-infected hogs classical-swine-fever-infected swine 25 except for one or more of the following purposes: 26 Sec. 38. Section 166.16, subsection 4, Code 2011, is amended 27 to read as follows: 28 4. For the purpose of manufacturing any biological products 29 or for the purpose of producing immune hogs swine to be used in 30 the production of hog-cholera anti-classical-swine-fever serum. 31 Sec. 39. Section 166.41, Code 2011, is amended to read as 32 follows: 33 166.41 Hog-cholera Classical-swine-fever vaccine prohibited 34 —— emergency. 35 -14- LSB 5225SV (6) 84 da/rj 14/ 60

S.F. 2311 The sale or use of hog-cholera classical-swine-fever 1 vaccine, except as provided in section 166.16 , is prohibited 2 and it a person shall be unlawful to not use such products 3 a product in the this state of Iowa, except that . However, 4 in the case of an emergency as defined in section 166.42 , a 5 special permit for the use of vaccines may be issued by the 6 secretary. 7 Sec. 40. Section 166.42, Code 2011, is amended to read as 8 follows: 9 166.42 Biological products reserve —— use. 10 1. The secretary may establish a reserve supply of 11 biological products of approved modified live virus hog-cholera 12 classical-swine-fever vaccine and of anti-hog-cholera 13 anti-classical-swine-fever serum or its equivalent in 14 antibody concentrate to be used as directed by the secretary 15 in the event of an emergency resulting from a hog-cholera 16 classical-swine-fever outbreak. Vaccine and serum or antibody 17 concentrate from the reserve supply, if used for such an 18 emergency, shall be made available to swine producers at a 19 price which will not result in a profit. Payment shall be 20 made by the producer to the department and such vaccine shall 21 be administered by a licensed practicing veterinarian. The 22 secretary may cooperate with other states in the accumulation, 23 maintenance and disbursement of such reserve supply of 24 biological products. The secretary, with the advice and 25 written consent of the state veterinarian, and the advice and 26 written consent of the veterinarian-in-charge for Iowa of 27 the animal and plant health inspection service —— veterinary 28 services, United States department of agriculture, shall 29 determine when an emergency resulting from a hog-cholera 30 classical-swine-fever outbreak exists. 31 2. The secretary is authorized to sell or otherwise 32 dispose of such classical-swine-fever vaccine and serum 33 at such time as the state is declared a hog-cholera-free 34 classical-swine-fever-free state by the United States 35 -15- LSB 5225SV (6) 84 da/rj 15/ 60

S.F. 2311 department of agriculture, or if the potency of such vaccine 1 and serum is in doubt. Money received under provisions of this 2 section shall be paid into the state treasury. 3 Sec. 41. Section 166B.1, Code 2011, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 01. “Classical swine fever” means the 6 contagious, infectious, and communicable disease of swine 7 commonly known as hog cholera. 8 Sec. 42. Section 166B.1, subsection 3, Code 2011, is amended 9 by striking the subsection. 10 Sec. 43. Section 166B.2, Code 2011, is amended to read as 11 follows: 12 166B.2 General authority. 13 The department may destroy or require the destruction of any 14 swine which the state veterinarian knows to be, or suspects is, 15 affected with or exposed to hog cholera classical swine fever , 16 whenever the department finds such destruction to be necessary 17 to prevent or reduce the danger of the spread of hog cholera 18 classical swine fever . Disposal of condemned swine shall 19 be under the supervision of a regulatory employee. Salvage 20 of apparently healthy marketable swine is permissible as a 21 minimum provision and may be discontinued in favor of total 22 herd disposition with indemnification as necessary and without 23 such salvage in any case or at any time when it is determined by 24 the department and the United States department of agriculture 25 that the procedure would constitute an undue threat to the 26 eradication program. Before being condemned and ordered to 27 be destroyed, a positive diagnosis of hog cholera classical 28 swine fever affecting the herd must be confirmed by a state or 29 federal laboratory or personnel approved by the department and 30 the United States department of agriculture. 31 Sec. 44. Section 166B.4, Code 2011, is amended to read as 32 follows: 33 166B.4 Institution of indemnification. 34 It is hereby recognized and declared that indemnification 35 -16- LSB 5225SV (6) 84 da/rj 16/ 60

S.F. 2311 for destruction of swine infected with or exposed to hog 1 cholera classical swine fever is an expression of the public 2 policy of this state but employed only in the final stages 3 of eradication of the disease, or as a means of preventing 4 or minimizing its recurrence. The department of agriculture 5 and land stewardship shall not therefore institute an initial 6 program of indemnification pursuant to the chapter until it is 7 mutually agreed between the state department of agriculture 8 and land stewardship and the United States department of 9 agriculture that such action is necessary in order to carry out 10 the hog-cholera classical-swine-fever eradication program. 11 Sec. 45. Section 166B.5, Code 2011, is amended to read as 12 follows: 13 166B.5 Cooperation with United States. 14 The department may cooperate with the United States, or 15 any department, agency or officer thereof, in the control and 16 eradication of hog cholera classical swine fever , including the 17 sharing in payment of indemnities for swine destroyed. 18 DIVISION VII 19 ANIMAL HEALTH —— DAIRY CATTLE 20 AFFECTED WITH JOHNE’S DISEASE 21 Sec. 46. Section 165A.1, subsection 3, Code 2011, is amended 22 to read as follows: 23 3. “Infected” means infected with paratuberculosis Johne’s 24 disease as provided in section 165A.3 . 25 Sec. 47. Section 165A.1, subsection 4, Code 2011, is amended 26 by striking the subsection and inserting in lieu thereof the 27 following: 28 4. “Johne’s disease” means a disease caused by the bacterium 29 mycobacterium paratuberculosis, and which is also referred to 30 as paratuberculosis disease. 31 Sec. 48. Section 165A.3, Code 2011, is amended to read as 32 follows: 33 165A.3 Determination of infection. 34 The department shall adopt rules providing methods and 35 -17- LSB 5225SV (6) 84 da/rj 17/ 60

S.F. 2311 procedures to determine whether cattle are infected, which 1 may include detection and analysis of paratuberculosis 2 Johne’s disease using techniques approved by the United States 3 department of agriculture. 4 Sec. 49. Section 165A.4, Code 2011, is amended to read as 5 follows: 6 165A.4 Infected cattle. 7 The owner of infected cattle shall mark the cattle by 8 punching the letter “C” through the right ears of the cattle 9 as required by the department. Cattle infected with Johne’s 10 disease shall be accompanied by an owner-shipper statement. A 11 person shall not sell infected cattle other than directly to 12 a slaughtering establishment, or to a concentration point for 13 sale directly to a slaughtering establishment, for immediate 14 slaughter. Cattle marked with a letter “C” infected with 15 Johne’s disease that are kept at a concentration point shall be 16 kept separate and apart. 17 DIVISION VIII 18 ANIMAL HEALTH —— TREATMENT FOR SHEEP 19 Sec. 50. Section 166A.1, Code 2011, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 10. “Treatment” includes but is not limited 22 to administering medication. 23 Sec. 51. Section 166A.4, Code 2011, is amended to read as 24 follows: 25 166A.4 Dipping Treatment . 26 All breeding and feeding sheep offered for sale or exchange 27 or otherwise moved or released from any premises, vehicle, 28 or conveyance, shall, within ten days prior to exchange, 29 release, or movement, be dipped treated in an approved dip 30 manner under the supervision of the department or the animal 31 and plant health inspection service of the United States 32 department of agriculture. When sheep are moved within or from 33 a certified scabies-free area in this state, the sheep must 34 be accompanied by a certificate of veterinary inspection as 35 -18- LSB 5225SV (6) 84 da/rj 18/ 60