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Senate File 2413 - ReprintedA Bill ForAn Act 1relating to agriculture and food, including the
2powers and duties of the department of agriculture and
3land stewardship, providing penalties, making penalties
4applicable, and including effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2ANIMAL HEALTH
3 Section 1. NEW SECTION. 163.2A Part — definitions.
4As used in this part, unless the context otherwise requires:
51. “Animal” means any livestock or agricultural animal as
6defined in section 717A.1.
72. “Interested person” means the owner of an animal; a
8person caring for the animal, if different from the owner of
9the animal; or a person holding a perfected agricultural lien
10or security interest in the animal under chapter 554.
11 Sec. 2. Section 163.3, Code 2020, is amended to read as
12follows:
13163.3 Veterinary and special assistants.
14The secretary or the secretary’s designee may appoint one
15or more veterinarians licensed pursuant to chapter 169 in each
16county as assistant veterinarians. The secretary may also
17appoint such one or more special assistants as may be necessary
18in cases of emergency, including as provided in section 163.3A.
19 Sec. 3. Section 163.3A, subsection 1, Code 2020, is amended
20to read as follows:
211. The department may provide veterinary emergency
22preparedness and response services necessary to prevent or
23control a serious threat to the public health, public safety,
24or the state’s economy caused by the transmission of disease
25among livestock as defined in section 717.1 or agricultural
26 animals as defined in section 717A.1. The services may include
27measures necessary to ensure that all such animals carrying
28disease are properly identified, segregated, treated, or
29destroyed as provided in this Code.
30 Sec. 4. Section 163.3C, subsection 1, Code 2020, is amended
31by striking the subsection.
32 Sec. 5. Section 163.3C, subsection 2, unnumbered paragraph
331, Code 2020, is amended to read as follows:
34The department shall develop and establish a foreign animal
35disease preparedness and response strategy for use by the
-1-1department in order to prevent, control, or eradicate the
2transmission of foreign animal diseases among populations
3of livestock animals. The strategy may be part of the
4department’s veterinary emergency preparedness and response
5services as provided in section 163.3A. The strategy shall
6provide additional expertise and resources to increase
7biosecurity efforts that assist in the prevention of a foreign
8animal disease outbreak in this state. In developing and
9establishing the strategy, the department shall consult with
10interested persons including but not limited to the following:
11 Sec. 6. Section 163.3C, subsection 3, Code 2020, is amended
12to read as follows:
133. The department shall implement the foreign animal
14disease preparedness and response strategy if necessary to
15prevent, control, or eradicate the transmission and incidence
16of foreign animal diseases that may threaten or actually
17threaten livestock animals in this state. In implementing
18the strategy, the department may utilize emergency response
19measures as otherwise required under section 163.3A. The
20department may but is not required to consult with interested
21persons when implementing the strategy.
22 Sec. 7. NEW SECTION. 163.3D Emergency measures — abandoned
23animals — authorization and seizure.
241. a. The department may seize one or more abandoned
25animals pursuant to an authorization providing emergency
26measures to prevent or control the transmission of an
27infectious or contagious disease among any population or
28species of animals.
29b. The authorization must be any of the following:
30(1) A declaration or proclamation issued by the governor
31pursuant to chapter 29C, including as provided in section
32163.3A.
33(2) An order issued by the secretary or the secretary’s
34designee pursuant to a provision in this subtitle.
35(3) Any other provision of law in this subtitle that
-2-1requires the department to control the transmission of an
2infectious or contagious disease among a population or species
3of animals in this state.
4c. If there is a conflict between a measure authorized to
5be taken under paragraph “a”, that is less restrictive than the
6standards or procedures provided in this section, the measures
7authorized to be taken under paragraph “a” shall prevail.
82. The department may appoint veterinary assistants or
9special assistants as provided in section 163.3 as required to
10administer this section.
113. It is presumed that an abandoned animal belonging to a
12species subject to emergency measures as provided in subsection
131 has been exposed to an infectious or contagious disease as
14provided in the authorization.
154. As part of the seizure of an abandoned animal, the
16department may take, impound, and retain custody of the animal,
17including by maintaining the animal in a manner and at a
18location determined by the department to be reasonable under
19the emergency circumstances. The department may take action as
20provided in this subtitle to ensure that all animals exposed to
21an infectious or contagious disease are properly identified,
22tested, segregated, treated, or destroyed as provided in this
23subtitle.
245. a. The department may seize an animal if the department
25has a reasonable suspicion the animal has been abandoned,
26including by entering onto public or private property or into a
27private motor vehicle, trailer, or semitrailer parked on public
28or private property, as provided in this subsection.
29b. The department may enter onto private property or into
30a private motor vehicle, trailer, or semitrailer to seize an
31abandoned animal if the department obtains a search warrant
32issued by a court, or enters onto the premises in a manner
33consistent with the laws of this state and the United States,
34including Article I, section 8, of the Constitution of the
35State of Iowa, or the fourth amendment to the Constitution of
-3-1the United States.
2c. An abandoned animal shall only be seized by the
3department pursuant to the following conditions:
4(1) The department provides written notice of its
5abandonment determination to all reasonably identifiable
6interested persons. The department shall make a good-faith
7effort to provide the notice to interested persons by regular
8mail, hand delivery, telephone, electronic mail, or other
9reasonable means. The notice shall include all of the
10following:
11(a) The name and address of the department.
12(b) A description of the animal subject to seizure.
13(c) The delivery date of the notice.
14(d) A statement informing the interested person that the
15animal may be seized pursuant to this chapter within one day
16following the delivery date of the notice. The statement
17must specify a date, time, and location for delivery of the
18interested person’s response designated by the department, as
19provided in this subsection.
20(e) A statement informing the interested person that in
21order to avoid seizure of the animal, the person must respond
22to the notice in writing, stating that the animal has not been
23abandoned and identifying what measures are being taken to care
24for and manage the animal.
25(2) Notwithstanding subparagraph (1), if the department
26determines that it is not feasible to provide direct notice
27of its abandonment determination to an interested person,
28the department shall deliver a constructive notice of the
29determination to that person by any reasonable manner, which
30may include posting the notice at or near the place where
31the animal is located. The department shall also post the
32constructive notice on the department’s internet site.
33d. The department may seize the animal if the department
34fails to receive a written response by the interested person by
35the end of normal office hours of the next day the department
-4-1is available to receive the response after written notice of
2the department’s abandonment determination is delivered.
3e. Upon a determination by the department that exigent
4circumstances exist, the department may enter onto private
5property without a warrant and may seize an abandoned animal,
6in a manner consistent with the laws of this state and
7the United States, including Article I, section 8, of the
8Constitution of the State of Iowa, or the fourth amendment to
9the Constitution of the United States.
106. If an animal is seized pursuant to this section, the
11department shall post a notice in a conspicuous place at the
12location where the animal was seized. The notice shall state
13the animal has been seized by the department pursuant to this
14section and at least briefly describe where and when the animal
15was seized, the species and number of animals seized, and that
16a dispositional proceeding is to be conducted pursuant to
17section 163.3E.
18 Sec. 8. NEW SECTION. 163.3E Emergency measures — abandoned
19animals — dispositional proceeding.
201. a. The department shall file a petition with the
21district court for the disposition of an animal seized pursuant
22to section 163.3D as soon as practicable.
23b. The court shall notify the department and all interested
24persons of the dispositional proceeding in a manner determined
25reasonable by the court. The court shall hear the matter
26within twenty-four hours from the time the department’s
27petition is filed. The court may grant a continuance by a
28motion of the department or upon petition by an interested
29person. However, the interested person shall post a bond or
30other security with the department in an amount determined by
31the court, which shall not be more than the amount sufficient
32to provide for the maintenance of the animal for the duration
33of the continuance.
342. Upon a determination by the department that exigent
35circumstances exist, the dispositional proceeding may be
-5-1conducted by an administrative law judge in the same manner
2as an emergency adjudicative proceeding pursuant to section
317A.18A. The administrative law judge shall notify the
4department and all interested persons of the dispositional
5proceeding in a manner determined reasonable by the
6administrative law judge given the circumstances in the case.
7The procedures provided in this section may be supplemented
8or modified by a declaration or proclamation issued by the
9governor or an order issued by the secretary or the secretary’s
10designee pursuant to section 163.3D.
113. a. A court or administrative law judge shall issue an
12order for the disposition of the animal after making any of the
13following determinations:
14(1) That no interested person holds a legal interest in
15the seized animal. In that case, the animal shall be deemed
16abandoned and the order shall extinguish all prior legal
17interests in the animal. The order shall grant an undivided
18ownership interest in the animal free from any security
19interest or other agricultural lien or encumbrance to the
20department.
21(2) That an interested person holds a legal interest in
22the seized animal, and the department has reasonable suspicion
23to believe that the animal has been exposed to an infectious
24or contagious disease. In that case, the order shall provide
25for the disposition of the animal in the same manner as if the
26department had identified the animal as having been exposed to
27the infectious or contagious disease under the authorization
28provided in section 163.3D.
29(3) That a person holds a legal interest in the seized
30animal, and there is no reasonable suspicion that the seized
31animal has been exposed to an infectious or contagious disease.
32In that case, the order shall direct the department to transfer
33custody of the animal to the interested person. In the event
34the animal is returned to the interested person, the department
35shall not be subject to any claim for damages caused by the
-6-1seizure if the department’s actions were taken pursuant to
2the department’s emergency efforts to establish and maintain
3quarantine in response to a disease outbreak, as set forth in
4section 669.14, subsection 3.
5b. A reasonable suspicion asserted by the department may
6be based on any credible evidence that shows the animal’s
7possible exposure to an infectious or contagious disease or the
8animal was abandoned. This paragraph “b” does not require the
9department to conduct a test of an animal to determine whether
10an animal has been exposed.
11c. If two or more interested parties may be transferred
12custody of an animal by the department pursuant to paragraph
13“a”, subparagraph (3), the court or administrative law judge
14shall order the department to transfer the animal to the owner
15or otherwise to the interested person best able to care for the
16animal without prejudicing the rights of any other interested
17person. However, in any cause of action brought by an
18interested person contesting the order to transfer under this
19subsection, the department shall not be included as a party.
204. a. In a dispositional proceeding conducted by a court or
21administrative law judge under this section, or in a separate
22cause of action brought by the department against an interested
23person, the court or administrative law judge may award the
24department all of the following:
25(1) An amount necessary to reimburse the department for
26expenses incurred in seizing and maintaining an abandoned
27animal as well as any costs for the disposition of the
28abandoned animal.
29(2) Expenses related to the investigation and adjudication
30of the case.
31b. In a dispositional proceeding conducted by a court under
32this section, or in a separate cause of action brought by the
33department against an interested person, the court may award
34the department court costs and reasonable attorney fees.
35c. An award ordered under this subsection shall be paid
-7-1by an interested party who is transferred a seized animal by
2the court or administrative law judge, or the owner of the
3seized animal as determined by the court or administrative law
4judge. The amount awarded the department shall be subtracted
5from the proceeds, if any, received by the department from the
6disposition of the animal. Any amount awarded by a court shall
7be taxed as part of the costs of the cause of action.
8d. If more than one interested person holds a legal interest
9in the animal, the court or administrative law judge shall
10calculate the respective contributions of the interested
11persons based upon the percentage of legal interest in the
12seized animal held by each interested person. The amount paid
13to the department shall be sufficient to allow the department
14to repay the livestock remediation fund as provided in section
15459.501 and fully reimburse the department for all costs, fees,
16and expenses incurred by the department under this section.
17 Sec. 9. NEW SECTION. 163.3F Interference with official
18acts.
191. A person shall not interfere with an official act of the
20department taken in the performance of a duty to prevent or
21control the transmission of an infectious or contagious disease
22among a population or species of animals, if the official act
23is authorized as part of any of the following:
24a. A veterinary emergency preparedness and response service
25pursuant to section 163.3A.
26b. A foreign animal disease preparedness and response
27strategy pursuant to section 163.3C.
28c. An emergency measure pursuant to section 163.3D or
29163.3E.
302. Under this section, an official act of the department
31may be performed by a departmental employee, or a veterinary or
32special assistant appointed pursuant to section 163.3.
33 Sec. 10. NEW SECTION. 163.33 Feral swine.
341. “Feral swine” means any swine running at large.
352. A person shall not knowingly release swine to become
-8-1feral swine.
23. Upon discovery of feral swine on public or private
3property, the department may destroy or order the destruction
4of the feral swine. However, the department shall not destroy
5the feral swine or order the feral swine’s destruction, unless
6the department concludes, after conducting a reasonable inquiry
7in the area where the feral swine is located, that the feral
8swine’s ownership cannot be determined. The department may
9call upon a peace officer or appropriate state or federal
10agency, including but not limited to the department of natural
11resources or the department of public safety, to enforce this
12section as set forth in section 159.16.
134. A person may destroy feral swine if the feral swine is
14on the person’s property or is damaging the person’s personal
15property. The person shall immediately notify the department
16of the destruction of the feral swine and allow for possible
17testing of the feral swine by the department.
185. This section shall not be construed to limit the powers
19of the department otherwise granted by law.
20 Sec. 11. Section 163.61, subsection 3, Code 2020, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. c. A person who interferes with an official
23act as provided in section 163.3F shall be subject to a civil
24penalty of at least one hundred dollars but not more than ten
25thousand dollars. In the case of a continuing violation,
26each day of the continuing violation is a separate violation.
27However, a person shall not be subject to a civil penalty
28totaling more than two hundred fifty thousand dollars arising
29out of the same violation.
30 Sec. 12. Section 459.501, subsection 3, paragraph a, Code
312020, is amended by adding the following new subparagraph:
32 NEW SUBPARAGRAPH. (3) (a) To allocate moneys to the
33department of agriculture and land stewardship for the payment
34of expenses incurred by the department of agriculture and land
35stewardship associated with all of the following:
-9- 1(i) Providing for seizure of animals pursuant to sections
2169.3D and 169.3E.
3(ii) Court costs, reasonable attorney fees, and expenses
4related to the investigation and prosecution of the case
5arising from the seizure of animals.
6(b) The department of natural resources shall allocate
7any amount of unencumbered and unobligated moneys demanded in
8writing by the department of agriculture and land stewardship
9as provided in this subparagraph. The department of natural
10resources shall complete the allocation upon receiving the
11demand.
12(c) The department of agriculture and land stewardship
13shall repay the fund any amount received from an interested
14person pursuant to an order by a court in a dispositional
15proceeding conducted pursuant to section 163.3E.
16 Sec. 13. REPEAL. Section 166D.3, Code 2020, is repealed.
17 Sec. 14. CODE EDITOR DIRECTIVE.
181. The Code editor is directed to make the following
19transfer:
20Section 163.3 to section 163.3G.
212. The Code editor shall correct internal references in the
22Code and in any enacted legislation as necessary due to the
23enactment of this section.
24 Sec. 15. CODE EDITOR DIRECTIVE. The Code editor shall
25divide chapter 163, subchapter I, into parts, including
26sections 163.1 and 163.2 as part A, sections 163.2A through
27163.5, including sections amended or enacted as provided in
28this division of this Act, as part B, and sections 163.6
29through 163.25 as part C.
30 Sec. 16. EFFECTIVE DATE. This division of this Act, being
31deemed of immediate importance, takes effect upon enactment.
32DIVISION II
33FOOD OPERATION TRESPASS
34 Sec. 17. NEW SECTION. 716.7A Food operation trespass.
351. As used in this section, unless the context otherwise
-10-1requires:
2a. “Apiary” and “bee” mean the same as defined in section
3160.1A.
4b. “Food animal” means an animal belonging to the bovine,
5caprine, ovine, or porcine species; farm deer as defined in
6section 170.1; turkeys, chickens, or other poultry; fish or
7other aquatic organisms confined in private waters for human
8consumption; or bees.
9c. “Food establishment”, “food processing plant”, and
10“farmers market” mean the same as defined in section 137F.1.
11d. “Food operation” means any of the following:
12(1) A location where a food animal is produced, maintained,
13or otherwise housed or kept, or processed in any manner.
14(2) A location other than as described in subparagraph (1)
15where a food animal is kept, including an apiary, livestock
16market, vehicle or trailer attached to a vehicle, fair,
17exhibition, or a business operated by a person licensed to
18practice veterinary medicine pursuant to chapter 169.
19(3) A location where a meat food product, poultry product,
20milk or milk product, eggs or an egg product, aquatic product,
21or honey is prepared for human consumption, including a food
22processing plant, a slaughtering establishment operating under
23the provisions of 21 U.S.C. §451 et seq.or 21 U.S.C. §601
24et seq.; or a slaughtering establishment subject to state
25inspection as provided in chapter 189A.
26(4) A food establishment or farmers market that sells or
27offers for sale a meat food product, poultry product, milk
28or milk product, eggs or an egg product, aquatic product, or
29honey.
30e. “Meat food product”, “poultry product”, and “prepared”
31mean the same as defined in section 189A.2.
322. A person commits food operation trespass by entering
33or remaining on the property of a food operation without the
34consent of a person who has real or apparent authority to allow
35the person to enter or remain on the property.
-11- 13. Subsection 2 does not apply to any of the following:
2a. A person entering a right-of-way, if the person has not
3been notified or requested by posted signage or other means to
4abstain from entering onto the right-of-way or to vacate the
5right-of-way.
6b. A person having lawful authority to enter onto the
7property of the food operation, including but not limited to a
8federal, state, or local government official.
9c. A person who is given express permission by the owner of
10the food operation to enter onto or remain on the property of
11the food operation.
12d. A person employed by a food operation while acting in the
13course of employment.
14 Sec. 18. Section 716.8, Code 2020, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 8. a. For a first offense, a person who
17commits food operation trespass as provided in section 716.7A
18is guilty of an aggravated misdemeanor.
19b. For a second or subsequent offense, a person who commits
20food operation trespass as provided in section 716.7A is guilty
21of a class “D” felony.
22 Sec. 19. EFFECTIVE DATE. This division of this Act, being
23deemed of immediate importance, takes effect upon enactment.
da/ns/mb
2powers and duties of the department of agriculture and
3land stewardship, providing penalties, making penalties
4applicable, and including effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2ANIMAL HEALTH
3 Section 1. NEW SECTION. 163.2A Part — definitions.
4As used in this part, unless the context otherwise requires:
51. “Animal” means any livestock or agricultural animal as
6defined in section 717A.1.
72. “Interested person” means the owner of an animal; a
8person caring for the animal, if different from the owner of
9the animal; or a person holding a perfected agricultural lien
10or security interest in the animal under chapter 554.
11 Sec. 2. Section 163.3, Code 2020, is amended to read as
12follows:
13163.3 Veterinary and special assistants.
14The secretary or the secretary’s designee may appoint one
15or more veterinarians licensed pursuant to chapter 169 in each
16county as assistant veterinarians. The secretary may also
17appoint such one or more special assistants as may be necessary
18in cases of emergency, including as provided in section 163.3A.
19 Sec. 3. Section 163.3A, subsection 1, Code 2020, is amended
20to read as follows:
211. The department may provide veterinary emergency
22preparedness and response services necessary to prevent or
23control a serious threat to the public health, public safety,
24or the state’s economy caused by the transmission of disease
25among livestock as defined in section 717.1 or agricultural
26 animals as defined in section 717A.1. The services may include
27measures necessary to ensure that all such animals carrying
28disease are properly identified, segregated, treated, or
29destroyed as provided in this Code.
30 Sec. 4. Section 163.3C, subsection 1, Code 2020, is amended
31by striking the subsection.
32 Sec. 5. Section 163.3C, subsection 2, unnumbered paragraph
331, Code 2020, is amended to read as follows:
34The department shall develop and establish a foreign animal
35disease preparedness and response strategy for use by the
-1-1department in order to prevent, control, or eradicate the
2transmission of foreign animal diseases among populations
3of livestock animals. The strategy may be part of the
4department’s veterinary emergency preparedness and response
5services as provided in section 163.3A. The strategy shall
6provide additional expertise and resources to increase
7biosecurity efforts that assist in the prevention of a foreign
8animal disease outbreak in this state. In developing and
9establishing the strategy, the department shall consult with
10interested persons including but not limited to the following:
11 Sec. 6. Section 163.3C, subsection 3, Code 2020, is amended
12to read as follows:
133. The department shall implement the foreign animal
14disease preparedness and response strategy if necessary to
15prevent, control, or eradicate the transmission and incidence
16of foreign animal diseases that may threaten or actually
17threaten livestock animals in this state. In implementing
18the strategy, the department may utilize emergency response
19measures as otherwise required under section 163.3A. The
20department may but is not required to consult with interested
21persons when implementing the strategy.
22 Sec. 7. NEW SECTION. 163.3D Emergency measures — abandoned
23animals — authorization and seizure.
241. a. The department may seize one or more abandoned
25animals pursuant to an authorization providing emergency
26measures to prevent or control the transmission of an
27infectious or contagious disease among any population or
28species of animals.
29b. The authorization must be any of the following:
30(1) A declaration or proclamation issued by the governor
31pursuant to chapter 29C, including as provided in section
32163.3A.
33(2) An order issued by the secretary or the secretary’s
34designee pursuant to a provision in this subtitle.
35(3) Any other provision of law in this subtitle that
-2-1requires the department to control the transmission of an
2infectious or contagious disease among a population or species
3of animals in this state.
4c. If there is a conflict between a measure authorized to
5be taken under paragraph “a”, that is less restrictive than the
6standards or procedures provided in this section, the measures
7authorized to be taken under paragraph “a” shall prevail.
82. The department may appoint veterinary assistants or
9special assistants as provided in section 163.3 as required to
10administer this section.
113. It is presumed that an abandoned animal belonging to a
12species subject to emergency measures as provided in subsection
131 has been exposed to an infectious or contagious disease as
14provided in the authorization.
154. As part of the seizure of an abandoned animal, the
16department may take, impound, and retain custody of the animal,
17including by maintaining the animal in a manner and at a
18location determined by the department to be reasonable under
19the emergency circumstances. The department may take action as
20provided in this subtitle to ensure that all animals exposed to
21an infectious or contagious disease are properly identified,
22tested, segregated, treated, or destroyed as provided in this
23subtitle.
245. a. The department may seize an animal if the department
25has a reasonable suspicion the animal has been abandoned,
26including by entering onto public or private property or into a
27private motor vehicle, trailer, or semitrailer parked on public
28or private property, as provided in this subsection.
29b. The department may enter onto private property or into
30a private motor vehicle, trailer, or semitrailer to seize an
31abandoned animal if the department obtains a search warrant
32issued by a court, or enters onto the premises in a manner
33consistent with the laws of this state and the United States,
34including Article I, section 8, of the Constitution of the
35State of Iowa, or the fourth amendment to the Constitution of
-3-1the United States.
2c. An abandoned animal shall only be seized by the
3department pursuant to the following conditions:
4(1) The department provides written notice of its
5abandonment determination to all reasonably identifiable
6interested persons. The department shall make a good-faith
7effort to provide the notice to interested persons by regular
8mail, hand delivery, telephone, electronic mail, or other
9reasonable means. The notice shall include all of the
10following:
11(a) The name and address of the department.
12(b) A description of the animal subject to seizure.
13(c) The delivery date of the notice.
14(d) A statement informing the interested person that the
15animal may be seized pursuant to this chapter within one day
16following the delivery date of the notice. The statement
17must specify a date, time, and location for delivery of the
18interested person’s response designated by the department, as
19provided in this subsection.
20(e) A statement informing the interested person that in
21order to avoid seizure of the animal, the person must respond
22to the notice in writing, stating that the animal has not been
23abandoned and identifying what measures are being taken to care
24for and manage the animal.
25(2) Notwithstanding subparagraph (1), if the department
26determines that it is not feasible to provide direct notice
27of its abandonment determination to an interested person,
28the department shall deliver a constructive notice of the
29determination to that person by any reasonable manner, which
30may include posting the notice at or near the place where
31the animal is located. The department shall also post the
32constructive notice on the department’s internet site.
33d. The department may seize the animal if the department
34fails to receive a written response by the interested person by
35the end of normal office hours of the next day the department
-4-1is available to receive the response after written notice of
2the department’s abandonment determination is delivered.
3e. Upon a determination by the department that exigent
4circumstances exist, the department may enter onto private
5property without a warrant and may seize an abandoned animal,
6in a manner consistent with the laws of this state and
7the United States, including Article I, section 8, of the
8Constitution of the State of Iowa, or the fourth amendment to
9the Constitution of the United States.
106. If an animal is seized pursuant to this section, the
11department shall post a notice in a conspicuous place at the
12location where the animal was seized. The notice shall state
13the animal has been seized by the department pursuant to this
14section and at least briefly describe where and when the animal
15was seized, the species and number of animals seized, and that
16a dispositional proceeding is to be conducted pursuant to
17section 163.3E.
18 Sec. 8. NEW SECTION. 163.3E Emergency measures — abandoned
19animals — dispositional proceeding.
201. a. The department shall file a petition with the
21district court for the disposition of an animal seized pursuant
22to section 163.3D as soon as practicable.
23b. The court shall notify the department and all interested
24persons of the dispositional proceeding in a manner determined
25reasonable by the court. The court shall hear the matter
26within twenty-four hours from the time the department’s
27petition is filed. The court may grant a continuance by a
28motion of the department or upon petition by an interested
29person. However, the interested person shall post a bond or
30other security with the department in an amount determined by
31the court, which shall not be more than the amount sufficient
32to provide for the maintenance of the animal for the duration
33of the continuance.
342. Upon a determination by the department that exigent
35circumstances exist, the dispositional proceeding may be
-5-1conducted by an administrative law judge in the same manner
2as an emergency adjudicative proceeding pursuant to section
317A.18A. The administrative law judge shall notify the
4department and all interested persons of the dispositional
5proceeding in a manner determined reasonable by the
6administrative law judge given the circumstances in the case.
7The procedures provided in this section may be supplemented
8or modified by a declaration or proclamation issued by the
9governor or an order issued by the secretary or the secretary’s
10designee pursuant to section 163.3D.
113. a. A court or administrative law judge shall issue an
12order for the disposition of the animal after making any of the
13following determinations:
14(1) That no interested person holds a legal interest in
15the seized animal. In that case, the animal shall be deemed
16abandoned and the order shall extinguish all prior legal
17interests in the animal. The order shall grant an undivided
18ownership interest in the animal free from any security
19interest or other agricultural lien or encumbrance to the
20department.
21(2) That an interested person holds a legal interest in
22the seized animal, and the department has reasonable suspicion
23to believe that the animal has been exposed to an infectious
24or contagious disease. In that case, the order shall provide
25for the disposition of the animal in the same manner as if the
26department had identified the animal as having been exposed to
27the infectious or contagious disease under the authorization
28provided in section 163.3D.
29(3) That a person holds a legal interest in the seized
30animal, and there is no reasonable suspicion that the seized
31animal has been exposed to an infectious or contagious disease.
32In that case, the order shall direct the department to transfer
33custody of the animal to the interested person. In the event
34the animal is returned to the interested person, the department
35shall not be subject to any claim for damages caused by the
-6-1seizure if the department’s actions were taken pursuant to
2the department’s emergency efforts to establish and maintain
3quarantine in response to a disease outbreak, as set forth in
4section 669.14, subsection 3.
5b. A reasonable suspicion asserted by the department may
6be based on any credible evidence that shows the animal’s
7possible exposure to an infectious or contagious disease or the
8animal was abandoned. This paragraph “b” does not require the
9department to conduct a test of an animal to determine whether
10an animal has been exposed.
11c. If two or more interested parties may be transferred
12custody of an animal by the department pursuant to paragraph
13“a”, subparagraph (3), the court or administrative law judge
14shall order the department to transfer the animal to the owner
15or otherwise to the interested person best able to care for the
16animal without prejudicing the rights of any other interested
17person. However, in any cause of action brought by an
18interested person contesting the order to transfer under this
19subsection, the department shall not be included as a party.
204. a. In a dispositional proceeding conducted by a court or
21administrative law judge under this section, or in a separate
22cause of action brought by the department against an interested
23person, the court or administrative law judge may award the
24department all of the following:
25(1) An amount necessary to reimburse the department for
26expenses incurred in seizing and maintaining an abandoned
27animal as well as any costs for the disposition of the
28abandoned animal.
29(2) Expenses related to the investigation and adjudication
30of the case.
31b. In a dispositional proceeding conducted by a court under
32this section, or in a separate cause of action brought by the
33department against an interested person, the court may award
34the department court costs and reasonable attorney fees.
35c. An award ordered under this subsection shall be paid
-7-1by an interested party who is transferred a seized animal by
2the court or administrative law judge, or the owner of the
3seized animal as determined by the court or administrative law
4judge. The amount awarded the department shall be subtracted
5from the proceeds, if any, received by the department from the
6disposition of the animal. Any amount awarded by a court shall
7be taxed as part of the costs of the cause of action.
8d. If more than one interested person holds a legal interest
9in the animal, the court or administrative law judge shall
10calculate the respective contributions of the interested
11persons based upon the percentage of legal interest in the
12seized animal held by each interested person. The amount paid
13to the department shall be sufficient to allow the department
14to repay the livestock remediation fund as provided in section
15459.501 and fully reimburse the department for all costs, fees,
16and expenses incurred by the department under this section.
17 Sec. 9. NEW SECTION. 163.3F Interference with official
18acts.
191. A person shall not interfere with an official act of the
20department taken in the performance of a duty to prevent or
21control the transmission of an infectious or contagious disease
22among a population or species of animals, if the official act
23is authorized as part of any of the following:
24a. A veterinary emergency preparedness and response service
25pursuant to section 163.3A.
26b. A foreign animal disease preparedness and response
27strategy pursuant to section 163.3C.
28c. An emergency measure pursuant to section 163.3D or
29163.3E.
302. Under this section, an official act of the department
31may be performed by a departmental employee, or a veterinary or
32special assistant appointed pursuant to section 163.3.
33 Sec. 10. NEW SECTION. 163.33 Feral swine.
341. “Feral swine” means any swine running at large.
352. A person shall not knowingly release swine to become
-8-1feral swine.
23. Upon discovery of feral swine on public or private
3property, the department may destroy or order the destruction
4of the feral swine. However, the department shall not destroy
5the feral swine or order the feral swine’s destruction, unless
6the department concludes, after conducting a reasonable inquiry
7in the area where the feral swine is located, that the feral
8swine’s ownership cannot be determined. The department may
9call upon a peace officer or appropriate state or federal
10agency, including but not limited to the department of natural
11resources or the department of public safety, to enforce this
12section as set forth in section 159.16.
134. A person may destroy feral swine if the feral swine is
14on the person’s property or is damaging the person’s personal
15property. The person shall immediately notify the department
16of the destruction of the feral swine and allow for possible
17testing of the feral swine by the department.
185. This section shall not be construed to limit the powers
19of the department otherwise granted by law.
20 Sec. 11. Section 163.61, subsection 3, Code 2020, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. c. A person who interferes with an official
23act as provided in section 163.3F shall be subject to a civil
24penalty of at least one hundred dollars but not more than ten
25thousand dollars. In the case of a continuing violation,
26each day of the continuing violation is a separate violation.
27However, a person shall not be subject to a civil penalty
28totaling more than two hundred fifty thousand dollars arising
29out of the same violation.
30 Sec. 12. Section 459.501, subsection 3, paragraph a, Code
312020, is amended by adding the following new subparagraph:
32 NEW SUBPARAGRAPH. (3) (a) To allocate moneys to the
33department of agriculture and land stewardship for the payment
34of expenses incurred by the department of agriculture and land
35stewardship associated with all of the following:
-9- 1(i) Providing for seizure of animals pursuant to sections
2169.3D and 169.3E.
3(ii) Court costs, reasonable attorney fees, and expenses
4related to the investigation and prosecution of the case
5arising from the seizure of animals.
6(b) The department of natural resources shall allocate
7any amount of unencumbered and unobligated moneys demanded in
8writing by the department of agriculture and land stewardship
9as provided in this subparagraph. The department of natural
10resources shall complete the allocation upon receiving the
11demand.
12(c) The department of agriculture and land stewardship
13shall repay the fund any amount received from an interested
14person pursuant to an order by a court in a dispositional
15proceeding conducted pursuant to section 163.3E.
16 Sec. 13. REPEAL. Section 166D.3, Code 2020, is repealed.
17 Sec. 14. CODE EDITOR DIRECTIVE.
181. The Code editor is directed to make the following
19transfer:
20Section 163.3 to section 163.3G.
212. The Code editor shall correct internal references in the
22Code and in any enacted legislation as necessary due to the
23enactment of this section.
24 Sec. 15. CODE EDITOR DIRECTIVE. The Code editor shall
25divide chapter 163, subchapter I, into parts, including
26sections 163.1 and 163.2 as part A, sections 163.2A through
27163.5, including sections amended or enacted as provided in
28this division of this Act, as part B, and sections 163.6
29through 163.25 as part C.
30 Sec. 16. EFFECTIVE DATE. This division of this Act, being
31deemed of immediate importance, takes effect upon enactment.
32DIVISION II
33FOOD OPERATION TRESPASS
34 Sec. 17. NEW SECTION. 716.7A Food operation trespass.
351. As used in this section, unless the context otherwise
-10-1requires:
2a. “Apiary” and “bee” mean the same as defined in section
3160.1A.
4b. “Food animal” means an animal belonging to the bovine,
5caprine, ovine, or porcine species; farm deer as defined in
6section 170.1; turkeys, chickens, or other poultry; fish or
7other aquatic organisms confined in private waters for human
8consumption; or bees.
9c. “Food establishment”, “food processing plant”, and
10“farmers market” mean the same as defined in section 137F.1.
11d. “Food operation” means any of the following:
12(1) A location where a food animal is produced, maintained,
13or otherwise housed or kept, or processed in any manner.
14(2) A location other than as described in subparagraph (1)
15where a food animal is kept, including an apiary, livestock
16market, vehicle or trailer attached to a vehicle, fair,
17exhibition, or a business operated by a person licensed to
18practice veterinary medicine pursuant to chapter 169.
19(3) A location where a meat food product, poultry product,
20milk or milk product, eggs or an egg product, aquatic product,
21or honey is prepared for human consumption, including a food
22processing plant, a slaughtering establishment operating under
23the provisions of 21 U.S.C. §451 et seq.or 21 U.S.C. §601
24et seq.; or a slaughtering establishment subject to state
25inspection as provided in chapter 189A.
26(4) A food establishment or farmers market that sells or
27offers for sale a meat food product, poultry product, milk
28or milk product, eggs or an egg product, aquatic product, or
29honey.
30e. “Meat food product”, “poultry product”, and “prepared”
31mean the same as defined in section 189A.2.
322. A person commits food operation trespass by entering
33or remaining on the property of a food operation without the
34consent of a person who has real or apparent authority to allow
35the person to enter or remain on the property.
-11- 13. Subsection 2 does not apply to any of the following:
2a. A person entering a right-of-way, if the person has not
3been notified or requested by posted signage or other means to
4abstain from entering onto the right-of-way or to vacate the
5right-of-way.
6b. A person having lawful authority to enter onto the
7property of the food operation, including but not limited to a
8federal, state, or local government official.
9c. A person who is given express permission by the owner of
10the food operation to enter onto or remain on the property of
11the food operation.
12d. A person employed by a food operation while acting in the
13course of employment.
14 Sec. 18. Section 716.8, Code 2020, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 8. a. For a first offense, a person who
17commits food operation trespass as provided in section 716.7A
18is guilty of an aggravated misdemeanor.
19b. For a second or subsequent offense, a person who commits
20food operation trespass as provided in section 716.7A is guilty
21of a class “D” felony.
22 Sec. 19. EFFECTIVE DATE. This division of this Act, being
23deemed of immediate importance, takes effect upon enactment.
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