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Senate File 2413 - EnrolledAn Actrelating to agriculture and food, including the
powers and duties of the department of agriculture and
land stewardship, providing penalties, making penalties
applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
ANIMAL HEALTH
Section 1. NEW SECTION. 163.2A Part — definitions.
As used in this part, unless the context otherwise requires:
1. “Animal” means any livestock or agricultural animal as
defined in section 717A.1.
2. “Interested person” means the owner of an animal; a
person caring for the animal, if different from the owner of
the animal; or a person holding a perfected agricultural lien
or security interest in the animal under chapter 554.
Sec. 2. Section 163.3, Code 2020, is amended to read as
follows:
163.3 Veterinary and special assistants.
The secretary or the secretary’s designee may appoint one
or more veterinarians licensed pursuant to chapter 169 in each
county as assistant veterinarians. The secretary may also
appoint such one or more special assistants as may be necessary
in cases of emergency, including as provided in section 163.3A.
Sec. 3. Section 163.3A, subsection 1, Code 2020, is amended
to read as follows:
1. The department may provide veterinary emergency
preparedness and response services necessary to prevent or
control a serious threat to the public health, public safety,
or the state’s economy caused by the transmission of disease
among livestock as defined in section 717.1 or agricultural
animals as defined in section 717A.1. The services may include
measures necessary to ensure that all such animals carrying
disease are properly identified, segregated, treated, or
destroyed as provided in this Code.
Sec. 4. Section 163.3C, subsection 1, Code 2020, is amended
by striking the subsection.
Sec. 5. Section 163.3C, subsection 2, unnumbered paragraph
1, Code 2020, is amended to read as follows:
The department shall develop and establish a foreign animal
disease preparedness and response strategy for use by the
-1-department in order to prevent, control, or eradicate the
transmission of foreign animal diseases among populations
of livestock animals. The strategy may be part of the
department’s veterinary emergency preparedness and response
services as provided in section 163.3A. The strategy shall
provide additional expertise and resources to increase
biosecurity efforts that assist in the prevention of a foreign
animal disease outbreak in this state. In developing and
establishing the strategy, the department shall consult with
interested persons including but not limited to the following:
Sec. 6. Section 163.3C, subsection 3, Code 2020, is amended
to read as follows:
3. The department shall implement the foreign animal
disease preparedness and response strategy if necessary to
prevent, control, or eradicate the transmission and incidence
of foreign animal diseases that may threaten or actually
threaten livestock animals in this state. In implementing
the strategy, the department may utilize emergency response
measures as otherwise required under section 163.3A. The
department may but is not required to consult with interested
persons when implementing the strategy.
Sec. 7. NEW SECTION. 163.3D Emergency measures — abandoned
animals — authorization and seizure.
1. a. The department may seize one or more abandoned
animals pursuant to an authorization providing emergency
measures to prevent or control the transmission of an
infectious or contagious disease among any population or
species of animals.
b. The authorization must be any of the following:
(1) A declaration or proclamation issued by the governor
pursuant to chapter 29C, including as provided in section
163.3A.
(2) An order issued by the secretary or the secretary’s
designee pursuant to a provision in this subtitle.
(3) Any other provision of law in this subtitle that
-2-requires the department to control the transmission of an
infectious or contagious disease among a population or species
of animals in this state.
c. If there is a conflict between a measure authorized to
be taken under paragraph “a”, that is less restrictive than the
standards or procedures provided in this section, the measures
authorized to be taken under paragraph “a” shall prevail.
2. The department may appoint veterinary assistants or
special assistants as provided in section 163.3 as required to
administer this section.
3. It is presumed that an abandoned animal belonging to a
species subject to emergency measures as provided in subsection
1 has been exposed to an infectious or contagious disease as
provided in the authorization.
4. As part of the seizure of an abandoned animal, the
department may take, impound, and retain custody of the animal,
including by maintaining the animal in a manner and at a
location determined by the department to be reasonable under
the emergency circumstances. The department may take action as
provided in this subtitle to ensure that all animals exposed to
an infectious or contagious disease are properly identified,
tested, segregated, treated, or destroyed as provided in this
subtitle.
5. a. The department may seize an animal if the department
has a reasonable suspicion the animal has been abandoned,
including by entering onto public or private property or into a
private motor vehicle, trailer, or semitrailer parked on public
or private property, as provided in this subsection.
b. The department may enter onto private property or into
a private motor vehicle, trailer, or semitrailer to seize an
abandoned animal if the department obtains a search warrant
issued by a court, or enters onto the premises in a manner
consistent with the laws of this state and the United States,
including Article I, section 8, of the Constitution of the
State of Iowa, or the fourth amendment to the Constitution of
-3-the United States.
c. An abandoned animal shall only be seized by the
department pursuant to the following conditions:
(1) The department provides written notice of its
abandonment determination to all reasonably identifiable
interested persons. The department shall make a good-faith
effort to provide the notice to interested persons by regular
mail, hand delivery, telephone, electronic mail, or other
reasonable means. The notice shall include all of the
following:
(a) The name and address of the department.
(b) A description of the animal subject to seizure.
(c) The delivery date of the notice.
(d) A statement informing the interested person that the
animal may be seized pursuant to this chapter within one day
following the delivery date of the notice. The statement
must specify a date, time, and location for delivery of the
interested person’s response designated by the department, as
provided in this subsection.
(e) A statement informing the interested person that in
order to avoid seizure of the animal, the person must respond
to the notice in writing, stating that the animal has not been
abandoned and identifying what measures are being taken to care
for and manage the animal.
(2) Notwithstanding subparagraph (1), if the department
determines that it is not feasible to provide direct notice
of its abandonment determination to an interested person,
the department shall deliver a constructive notice of the
determination to that person by any reasonable manner, which
may include posting the notice at or near the place where
the animal is located. The department shall also post the
constructive notice on the department’s internet site.
d. The department may seize the animal if the department
fails to receive a written response by the interested person by
the end of normal office hours of the next day the department
-4-is available to receive the response after written notice of
the department’s abandonment determination is delivered.
e. Upon a determination by the department that exigent
circumstances exist, the department may enter onto private
property without a warrant and may seize an abandoned animal,
in a manner consistent with the laws of this state and
the United States, including Article I, section 8, of the
Constitution of the State of Iowa, or the fourth amendment to
the Constitution of the United States.
6. If an animal is seized pursuant to this section, the
department shall post a notice in a conspicuous place at the
location where the animal was seized. The notice shall state
the animal has been seized by the department pursuant to this
section and at least briefly describe where and when the animal
was seized, the species and number of animals seized, and that
a dispositional proceeding is to be conducted pursuant to
section 163.3E.
Sec. 8. NEW SECTION. 163.3E Emergency measures — abandoned
animals — dispositional proceeding.
1. a. The department shall file a petition with the
district court for the disposition of an animal seized pursuant
to section 163.3D as soon as practicable.
b. The court shall notify the department and all interested
persons of the dispositional proceeding in a manner determined
reasonable by the court. The court shall hear the matter
within twenty-four hours from the time the department’s
petition is filed. The court may grant a continuance by a
motion of the department or upon petition by an interested
person. However, the interested person shall post a bond or
other security with the department in an amount determined by
the court, which shall not be more than the amount sufficient
to provide for the maintenance of the animal for the duration
of the continuance.
2. Upon a determination by the department that exigent
circumstances exist, the dispositional proceeding may be
-5-conducted by an administrative law judge in the same manner
as an emergency adjudicative proceeding pursuant to section
17A.18A. The administrative law judge shall notify the
department and all interested persons of the dispositional
proceeding in a manner determined reasonable by the
administrative law judge given the circumstances in the case.
The procedures provided in this section may be supplemented
or modified by a declaration or proclamation issued by the
governor or an order issued by the secretary or the secretary’s
designee pursuant to section 163.3D.
3. a. A court or administrative law judge shall issue an
order for the disposition of the animal after making any of the
following determinations:
(1) That no interested person holds a legal interest in
the seized animal. In that case, the animal shall be deemed
abandoned and the order shall extinguish all prior legal
interests in the animal. The order shall grant an undivided
ownership interest in the animal free from any security
interest or other agricultural lien or encumbrance to the
department.
(2) That an interested person holds a legal interest in
the seized animal, and the department has reasonable suspicion
to believe that the animal has been exposed to an infectious
or contagious disease. In that case, the order shall provide
for the disposition of the animal in the same manner as if the
department had identified the animal as having been exposed to
the infectious or contagious disease under the authorization
provided in section 163.3D.
(3) That a person holds a legal interest in the seized
animal, and there is no reasonable suspicion that the seized
animal has been exposed to an infectious or contagious disease.
In that case, the order shall direct the department to transfer
custody of the animal to the interested person. In the event
the animal is returned to the interested person, the department
shall not be subject to any claim for damages caused by the
-6-seizure if the department’s actions were taken pursuant to
the department’s emergency efforts to establish and maintain
quarantine in response to a disease outbreak, as set forth in
section 669.14, subsection 3.
b. A reasonable suspicion asserted by the department may
be based on any credible evidence that shows the animal’s
possible exposure to an infectious or contagious disease or the
animal was abandoned. This paragraph “b” does not require the
department to conduct a test of an animal to determine whether
an animal has been exposed.
c. If two or more interested parties may be transferred
custody of an animal by the department pursuant to paragraph
“a”, subparagraph (3), the court or administrative law judge
shall order the department to transfer the animal to the owner
or otherwise to the interested person best able to care for the
animal without prejudicing the rights of any other interested
person. However, in any cause of action brought by an
interested person contesting the order to transfer under this
subsection, the department shall not be included as a party.
4. a. In a dispositional proceeding conducted by a court or
administrative law judge under this section, or in a separate
cause of action brought by the department against an interested
person, the court or administrative law judge may award the
department all of the following:
(1) An amount necessary to reimburse the department for
expenses incurred in seizing and maintaining an abandoned
animal as well as any costs for the disposition of the
abandoned animal.
(2) Expenses related to the investigation and adjudication
of the case.
b. In a dispositional proceeding conducted by a court under
this section, or in a separate cause of action brought by the
department against an interested person, the court may award
the department court costs and reasonable attorney fees.
c. An award ordered under this subsection shall be paid
-7-by an interested party who is transferred a seized animal by
the court or administrative law judge, or the owner of the
seized animal as determined by the court or administrative law
judge. The amount awarded the department shall be subtracted
from the proceeds, if any, received by the department from the
disposition of the animal. Any amount awarded by a court shall
be taxed as part of the costs of the cause of action.
d. If more than one interested person holds a legal interest
in the animal, the court or administrative law judge shall
calculate the respective contributions of the interested
persons based upon the percentage of legal interest in the
seized animal held by each interested person. The amount paid
to the department shall be sufficient to allow the department
to repay the livestock remediation fund as provided in section
459.501 and fully reimburse the department for all costs, fees,
and expenses incurred by the department under this section.
Sec. 9. NEW SECTION. 163.3F Interference with official
acts.
1. A person shall not interfere with an official act of the
department taken in the performance of a duty to prevent or
control the transmission of an infectious or contagious disease
among a population or species of animals, if the official act
is authorized as part of any of the following:
a. A veterinary emergency preparedness and response service
pursuant to section 163.3A.
b. A foreign animal disease preparedness and response
strategy pursuant to section 163.3C.
c. An emergency measure pursuant to section 163.3D or
163.3E.
2. Under this section, an official act of the department
may be performed by a departmental employee, or a veterinary or
special assistant appointed pursuant to section 163.3.
Sec. 10. NEW SECTION. 163.33 Feral swine.
1. “Feral swine” means any swine running at large.
2. A person shall not knowingly release swine to become
-8-feral swine.
3. Upon discovery of feral swine on public or private
property, the department may destroy or order the destruction
of the feral swine. However, the department shall not destroy
the feral swine or order the feral swine’s destruction, unless
the department concludes, after conducting a reasonable inquiry
in the area where the feral swine is located, that the feral
swine’s ownership cannot be determined. The department may
call upon a peace officer or appropriate state or federal
agency, including but not limited to the department of natural
resources or the department of public safety, to enforce this
section as set forth in section 159.16.
4. A person may destroy feral swine if the feral swine is
on the person’s property or is damaging the person’s personal
property. The person shall immediately notify the department
of the destruction of the feral swine and allow for possible
testing of the feral swine by the department.
5. This section shall not be construed to limit the powers
of the department otherwise granted by law.
Sec. 11. Section 163.61, subsection 3, Code 2020, is amended
by adding the following new paragraph:
NEW PARAGRAPH. c. A person who interferes with an official
act as provided in section 163.3F shall be subject to a civil
penalty of at least one hundred dollars but not more than ten
thousand dollars. In the case of a continuing violation,
each day of the continuing violation is a separate violation.
However, a person shall not be subject to a civil penalty
totaling more than two hundred fifty thousand dollars arising
out of the same violation.
Sec. 12. Section 459.501, subsection 3, paragraph a, Code
2020, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (3) (a) To allocate moneys to the
department of agriculture and land stewardship for the payment
of expenses incurred by the department of agriculture and land
stewardship associated with all of the following:
-9- (i) Providing for seizure of animals pursuant to sections
169.3D and 169.3E.
(ii) Court costs, reasonable attorney fees, and expenses
related to the investigation and prosecution of the case
arising from the seizure of animals.
(b) The department of natural resources shall allocate
any amount of unencumbered and unobligated moneys demanded in
writing by the department of agriculture and land stewardship
as provided in this subparagraph. The department of natural
resources shall complete the allocation upon receiving the
demand.
(c) The department of agriculture and land stewardship
shall repay the fund any amount received from an interested
person pursuant to an order by a court in a dispositional
proceeding conducted pursuant to section 163.3E.
Sec. 13. REPEAL. Section 166D.3, Code 2020, is repealed.
Sec. 14. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 163.3 to section 163.3G.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 15. CODE EDITOR DIRECTIVE. The Code editor shall
divide chapter 163, subchapter I, into parts, including
sections 163.1 and 163.2 as part A, sections 163.2A through
163.5, including sections amended or enacted as provided in
this division of this Act, as part B, and sections 163.6
through 163.25 as part C.
Sec. 16. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION II
FOOD OPERATION TRESPASS
Sec. 17. NEW SECTION. 716.7A Food operation trespass.
1. As used in this section, unless the context otherwise
-10-requires:
a. “Apiary” and “bee” mean the same as defined in section
160.1A.
b. “Food animal” means an animal belonging to the bovine,
caprine, ovine, or porcine species; farm deer as defined in
section 170.1; turkeys, chickens, or other poultry; fish or
other aquatic organisms confined in private waters for human
consumption; or bees.
c. “Food establishment”, “food processing plant”, and
“farmers market” mean the same as defined in section 137F.1.
d. “Food operation” means any of the following:
(1) A location where a food animal is produced, maintained,
or otherwise housed or kept, or processed in any manner.
(2) A location other than as described in subparagraph (1)
where a food animal is kept, including an apiary, livestock
market, vehicle or trailer attached to a vehicle, fair,
exhibition, or a business operated by a person licensed to
practice veterinary medicine pursuant to chapter 169.
(3) A location where a meat food product, poultry product,
milk or milk product, eggs or an egg product, aquatic product,
or honey is prepared for human consumption, including a food
processing plant, a slaughtering establishment operating under
the provisions of 21 U.S.C. §451 et seq.or 21 U.S.C. §601
et seq.; or a slaughtering establishment subject to state
inspection as provided in chapter 189A.
(4) A food establishment or farmers market that sells or
offers for sale a meat food product, poultry product, milk
or milk product, eggs or an egg product, aquatic product, or
honey.
e. “Meat food product”, “poultry product”, and “prepared”
mean the same as defined in section 189A.2.
2. A person commits food operation trespass by entering
or remaining on the property of a food operation without the
consent of a person who has real or apparent authority to allow
the person to enter or remain on the property.
-11- 3. Subsection 2 does not apply to any of the following:
a. A person entering a right-of-way, if the person has not
been notified or requested by posted signage or other means to
abstain from entering onto the right-of-way or to vacate the
right-of-way.
b. A person having lawful authority to enter onto the
property of the food operation, including but not limited to a
federal, state, or local government official.
c. A person who is given express permission by the owner of
the food operation to enter onto or remain on the property of
the food operation.
d. A person employed by a food operation while acting in the
course of employment.
Sec. 18. Section 716.8, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION. 8. a. For a first offense, a person who
commits food operation trespass as provided in section 716.7A
is guilty of an aggravated misdemeanor.
b. For a second or subsequent offense, a person who commits
food operation trespass as provided in section 716.7A is guilty
of a class “D” felony.
Sec. 19. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2413, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2020______________________________
KIM REYNOLDSGovernorda/ns/mb
powers and duties of the department of agriculture and
land stewardship, providing penalties, making penalties
applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
ANIMAL HEALTH
Section 1. NEW SECTION. 163.2A Part — definitions.
As used in this part, unless the context otherwise requires:
1. “Animal” means any livestock or agricultural animal as
defined in section 717A.1.
2. “Interested person” means the owner of an animal; a
person caring for the animal, if different from the owner of
the animal; or a person holding a perfected agricultural lien
or security interest in the animal under chapter 554.
Sec. 2. Section 163.3, Code 2020, is amended to read as
follows:
163.3 Veterinary and special assistants.
The secretary or the secretary’s designee may appoint one
or more veterinarians licensed pursuant to chapter 169 in each
county as assistant veterinarians. The secretary may also
appoint such one or more special assistants as may be necessary
in cases of emergency, including as provided in section 163.3A.
Sec. 3. Section 163.3A, subsection 1, Code 2020, is amended
to read as follows:
1. The department may provide veterinary emergency
preparedness and response services necessary to prevent or
control a serious threat to the public health, public safety,
or the state’s economy caused by the transmission of disease
among livestock as defined in section 717.1 or agricultural
animals as defined in section 717A.1. The services may include
measures necessary to ensure that all such animals carrying
disease are properly identified, segregated, treated, or
destroyed as provided in this Code.
Sec. 4. Section 163.3C, subsection 1, Code 2020, is amended
by striking the subsection.
Sec. 5. Section 163.3C, subsection 2, unnumbered paragraph
1, Code 2020, is amended to read as follows:
The department shall develop and establish a foreign animal
disease preparedness and response strategy for use by the
-1-department in order to prevent, control, or eradicate the
transmission of foreign animal diseases among populations
of livestock animals. The strategy may be part of the
department’s veterinary emergency preparedness and response
services as provided in section 163.3A. The strategy shall
provide additional expertise and resources to increase
biosecurity efforts that assist in the prevention of a foreign
animal disease outbreak in this state. In developing and
establishing the strategy, the department shall consult with
interested persons including but not limited to the following:
Sec. 6. Section 163.3C, subsection 3, Code 2020, is amended
to read as follows:
3. The department shall implement the foreign animal
disease preparedness and response strategy if necessary to
prevent, control, or eradicate the transmission and incidence
of foreign animal diseases that may threaten or actually
threaten livestock animals in this state. In implementing
the strategy, the department may utilize emergency response
measures as otherwise required under section 163.3A. The
department may but is not required to consult with interested
persons when implementing the strategy.
Sec. 7. NEW SECTION. 163.3D Emergency measures — abandoned
animals — authorization and seizure.
1. a. The department may seize one or more abandoned
animals pursuant to an authorization providing emergency
measures to prevent or control the transmission of an
infectious or contagious disease among any population or
species of animals.
b. The authorization must be any of the following:
(1) A declaration or proclamation issued by the governor
pursuant to chapter 29C, including as provided in section
163.3A.
(2) An order issued by the secretary or the secretary’s
designee pursuant to a provision in this subtitle.
(3) Any other provision of law in this subtitle that
-2-requires the department to control the transmission of an
infectious or contagious disease among a population or species
of animals in this state.
c. If there is a conflict between a measure authorized to
be taken under paragraph “a”, that is less restrictive than the
standards or procedures provided in this section, the measures
authorized to be taken under paragraph “a” shall prevail.
2. The department may appoint veterinary assistants or
special assistants as provided in section 163.3 as required to
administer this section.
3. It is presumed that an abandoned animal belonging to a
species subject to emergency measures as provided in subsection
1 has been exposed to an infectious or contagious disease as
provided in the authorization.
4. As part of the seizure of an abandoned animal, the
department may take, impound, and retain custody of the animal,
including by maintaining the animal in a manner and at a
location determined by the department to be reasonable under
the emergency circumstances. The department may take action as
provided in this subtitle to ensure that all animals exposed to
an infectious or contagious disease are properly identified,
tested, segregated, treated, or destroyed as provided in this
subtitle.
5. a. The department may seize an animal if the department
has a reasonable suspicion the animal has been abandoned,
including by entering onto public or private property or into a
private motor vehicle, trailer, or semitrailer parked on public
or private property, as provided in this subsection.
b. The department may enter onto private property or into
a private motor vehicle, trailer, or semitrailer to seize an
abandoned animal if the department obtains a search warrant
issued by a court, or enters onto the premises in a manner
consistent with the laws of this state and the United States,
including Article I, section 8, of the Constitution of the
State of Iowa, or the fourth amendment to the Constitution of
-3-the United States.
c. An abandoned animal shall only be seized by the
department pursuant to the following conditions:
(1) The department provides written notice of its
abandonment determination to all reasonably identifiable
interested persons. The department shall make a good-faith
effort to provide the notice to interested persons by regular
mail, hand delivery, telephone, electronic mail, or other
reasonable means. The notice shall include all of the
following:
(a) The name and address of the department.
(b) A description of the animal subject to seizure.
(c) The delivery date of the notice.
(d) A statement informing the interested person that the
animal may be seized pursuant to this chapter within one day
following the delivery date of the notice. The statement
must specify a date, time, and location for delivery of the
interested person’s response designated by the department, as
provided in this subsection.
(e) A statement informing the interested person that in
order to avoid seizure of the animal, the person must respond
to the notice in writing, stating that the animal has not been
abandoned and identifying what measures are being taken to care
for and manage the animal.
(2) Notwithstanding subparagraph (1), if the department
determines that it is not feasible to provide direct notice
of its abandonment determination to an interested person,
the department shall deliver a constructive notice of the
determination to that person by any reasonable manner, which
may include posting the notice at or near the place where
the animal is located. The department shall also post the
constructive notice on the department’s internet site.
d. The department may seize the animal if the department
fails to receive a written response by the interested person by
the end of normal office hours of the next day the department
-4-is available to receive the response after written notice of
the department’s abandonment determination is delivered.
e. Upon a determination by the department that exigent
circumstances exist, the department may enter onto private
property without a warrant and may seize an abandoned animal,
in a manner consistent with the laws of this state and
the United States, including Article I, section 8, of the
Constitution of the State of Iowa, or the fourth amendment to
the Constitution of the United States.
6. If an animal is seized pursuant to this section, the
department shall post a notice in a conspicuous place at the
location where the animal was seized. The notice shall state
the animal has been seized by the department pursuant to this
section and at least briefly describe where and when the animal
was seized, the species and number of animals seized, and that
a dispositional proceeding is to be conducted pursuant to
section 163.3E.
Sec. 8. NEW SECTION. 163.3E Emergency measures — abandoned
animals — dispositional proceeding.
1. a. The department shall file a petition with the
district court for the disposition of an animal seized pursuant
to section 163.3D as soon as practicable.
b. The court shall notify the department and all interested
persons of the dispositional proceeding in a manner determined
reasonable by the court. The court shall hear the matter
within twenty-four hours from the time the department’s
petition is filed. The court may grant a continuance by a
motion of the department or upon petition by an interested
person. However, the interested person shall post a bond or
other security with the department in an amount determined by
the court, which shall not be more than the amount sufficient
to provide for the maintenance of the animal for the duration
of the continuance.
2. Upon a determination by the department that exigent
circumstances exist, the dispositional proceeding may be
-5-conducted by an administrative law judge in the same manner
as an emergency adjudicative proceeding pursuant to section
17A.18A. The administrative law judge shall notify the
department and all interested persons of the dispositional
proceeding in a manner determined reasonable by the
administrative law judge given the circumstances in the case.
The procedures provided in this section may be supplemented
or modified by a declaration or proclamation issued by the
governor or an order issued by the secretary or the secretary’s
designee pursuant to section 163.3D.
3. a. A court or administrative law judge shall issue an
order for the disposition of the animal after making any of the
following determinations:
(1) That no interested person holds a legal interest in
the seized animal. In that case, the animal shall be deemed
abandoned and the order shall extinguish all prior legal
interests in the animal. The order shall grant an undivided
ownership interest in the animal free from any security
interest or other agricultural lien or encumbrance to the
department.
(2) That an interested person holds a legal interest in
the seized animal, and the department has reasonable suspicion
to believe that the animal has been exposed to an infectious
or contagious disease. In that case, the order shall provide
for the disposition of the animal in the same manner as if the
department had identified the animal as having been exposed to
the infectious or contagious disease under the authorization
provided in section 163.3D.
(3) That a person holds a legal interest in the seized
animal, and there is no reasonable suspicion that the seized
animal has been exposed to an infectious or contagious disease.
In that case, the order shall direct the department to transfer
custody of the animal to the interested person. In the event
the animal is returned to the interested person, the department
shall not be subject to any claim for damages caused by the
-6-seizure if the department’s actions were taken pursuant to
the department’s emergency efforts to establish and maintain
quarantine in response to a disease outbreak, as set forth in
section 669.14, subsection 3.
b. A reasonable suspicion asserted by the department may
be based on any credible evidence that shows the animal’s
possible exposure to an infectious or contagious disease or the
animal was abandoned. This paragraph “b” does not require the
department to conduct a test of an animal to determine whether
an animal has been exposed.
c. If two or more interested parties may be transferred
custody of an animal by the department pursuant to paragraph
“a”, subparagraph (3), the court or administrative law judge
shall order the department to transfer the animal to the owner
or otherwise to the interested person best able to care for the
animal without prejudicing the rights of any other interested
person. However, in any cause of action brought by an
interested person contesting the order to transfer under this
subsection, the department shall not be included as a party.
4. a. In a dispositional proceeding conducted by a court or
administrative law judge under this section, or in a separate
cause of action brought by the department against an interested
person, the court or administrative law judge may award the
department all of the following:
(1) An amount necessary to reimburse the department for
expenses incurred in seizing and maintaining an abandoned
animal as well as any costs for the disposition of the
abandoned animal.
(2) Expenses related to the investigation and adjudication
of the case.
b. In a dispositional proceeding conducted by a court under
this section, or in a separate cause of action brought by the
department against an interested person, the court may award
the department court costs and reasonable attorney fees.
c. An award ordered under this subsection shall be paid
-7-by an interested party who is transferred a seized animal by
the court or administrative law judge, or the owner of the
seized animal as determined by the court or administrative law
judge. The amount awarded the department shall be subtracted
from the proceeds, if any, received by the department from the
disposition of the animal. Any amount awarded by a court shall
be taxed as part of the costs of the cause of action.
d. If more than one interested person holds a legal interest
in the animal, the court or administrative law judge shall
calculate the respective contributions of the interested
persons based upon the percentage of legal interest in the
seized animal held by each interested person. The amount paid
to the department shall be sufficient to allow the department
to repay the livestock remediation fund as provided in section
459.501 and fully reimburse the department for all costs, fees,
and expenses incurred by the department under this section.
Sec. 9. NEW SECTION. 163.3F Interference with official
acts.
1. A person shall not interfere with an official act of the
department taken in the performance of a duty to prevent or
control the transmission of an infectious or contagious disease
among a population or species of animals, if the official act
is authorized as part of any of the following:
a. A veterinary emergency preparedness and response service
pursuant to section 163.3A.
b. A foreign animal disease preparedness and response
strategy pursuant to section 163.3C.
c. An emergency measure pursuant to section 163.3D or
163.3E.
2. Under this section, an official act of the department
may be performed by a departmental employee, or a veterinary or
special assistant appointed pursuant to section 163.3.
Sec. 10. NEW SECTION. 163.33 Feral swine.
1. “Feral swine” means any swine running at large.
2. A person shall not knowingly release swine to become
-8-feral swine.
3. Upon discovery of feral swine on public or private
property, the department may destroy or order the destruction
of the feral swine. However, the department shall not destroy
the feral swine or order the feral swine’s destruction, unless
the department concludes, after conducting a reasonable inquiry
in the area where the feral swine is located, that the feral
swine’s ownership cannot be determined. The department may
call upon a peace officer or appropriate state or federal
agency, including but not limited to the department of natural
resources or the department of public safety, to enforce this
section as set forth in section 159.16.
4. A person may destroy feral swine if the feral swine is
on the person’s property or is damaging the person’s personal
property. The person shall immediately notify the department
of the destruction of the feral swine and allow for possible
testing of the feral swine by the department.
5. This section shall not be construed to limit the powers
of the department otherwise granted by law.
Sec. 11. Section 163.61, subsection 3, Code 2020, is amended
by adding the following new paragraph:
NEW PARAGRAPH. c. A person who interferes with an official
act as provided in section 163.3F shall be subject to a civil
penalty of at least one hundred dollars but not more than ten
thousand dollars. In the case of a continuing violation,
each day of the continuing violation is a separate violation.
However, a person shall not be subject to a civil penalty
totaling more than two hundred fifty thousand dollars arising
out of the same violation.
Sec. 12. Section 459.501, subsection 3, paragraph a, Code
2020, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (3) (a) To allocate moneys to the
department of agriculture and land stewardship for the payment
of expenses incurred by the department of agriculture and land
stewardship associated with all of the following:
-9- (i) Providing for seizure of animals pursuant to sections
169.3D and 169.3E.
(ii) Court costs, reasonable attorney fees, and expenses
related to the investigation and prosecution of the case
arising from the seizure of animals.
(b) The department of natural resources shall allocate
any amount of unencumbered and unobligated moneys demanded in
writing by the department of agriculture and land stewardship
as provided in this subparagraph. The department of natural
resources shall complete the allocation upon receiving the
demand.
(c) The department of agriculture and land stewardship
shall repay the fund any amount received from an interested
person pursuant to an order by a court in a dispositional
proceeding conducted pursuant to section 163.3E.
Sec. 13. REPEAL. Section 166D.3, Code 2020, is repealed.
Sec. 14. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 163.3 to section 163.3G.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 15. CODE EDITOR DIRECTIVE. The Code editor shall
divide chapter 163, subchapter I, into parts, including
sections 163.1 and 163.2 as part A, sections 163.2A through
163.5, including sections amended or enacted as provided in
this division of this Act, as part B, and sections 163.6
through 163.25 as part C.
Sec. 16. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION II
FOOD OPERATION TRESPASS
Sec. 17. NEW SECTION. 716.7A Food operation trespass.
1. As used in this section, unless the context otherwise
-10-requires:
a. “Apiary” and “bee” mean the same as defined in section
160.1A.
b. “Food animal” means an animal belonging to the bovine,
caprine, ovine, or porcine species; farm deer as defined in
section 170.1; turkeys, chickens, or other poultry; fish or
other aquatic organisms confined in private waters for human
consumption; or bees.
c. “Food establishment”, “food processing plant”, and
“farmers market” mean the same as defined in section 137F.1.
d. “Food operation” means any of the following:
(1) A location where a food animal is produced, maintained,
or otherwise housed or kept, or processed in any manner.
(2) A location other than as described in subparagraph (1)
where a food animal is kept, including an apiary, livestock
market, vehicle or trailer attached to a vehicle, fair,
exhibition, or a business operated by a person licensed to
practice veterinary medicine pursuant to chapter 169.
(3) A location where a meat food product, poultry product,
milk or milk product, eggs or an egg product, aquatic product,
or honey is prepared for human consumption, including a food
processing plant, a slaughtering establishment operating under
the provisions of 21 U.S.C. §451 et seq.or 21 U.S.C. §601
et seq.; or a slaughtering establishment subject to state
inspection as provided in chapter 189A.
(4) A food establishment or farmers market that sells or
offers for sale a meat food product, poultry product, milk
or milk product, eggs or an egg product, aquatic product, or
honey.
e. “Meat food product”, “poultry product”, and “prepared”
mean the same as defined in section 189A.2.
2. A person commits food operation trespass by entering
or remaining on the property of a food operation without the
consent of a person who has real or apparent authority to allow
the person to enter or remain on the property.
-11- 3. Subsection 2 does not apply to any of the following:
a. A person entering a right-of-way, if the person has not
been notified or requested by posted signage or other means to
abstain from entering onto the right-of-way or to vacate the
right-of-way.
b. A person having lawful authority to enter onto the
property of the food operation, including but not limited to a
federal, state, or local government official.
c. A person who is given express permission by the owner of
the food operation to enter onto or remain on the property of
the food operation.
d. A person employed by a food operation while acting in the
course of employment.
Sec. 18. Section 716.8, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION. 8. a. For a first offense, a person who
commits food operation trespass as provided in section 716.7A
is guilty of an aggravated misdemeanor.
b. For a second or subsequent offense, a person who commits
food operation trespass as provided in section 716.7A is guilty
of a class “D” felony.
Sec. 19. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2413, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2020______________________________
KIM REYNOLDSGovernorda/ns/mb