CHAPTER 164BRUCELLOSIS — BOVINE AND DESIGNATED ANIMALSReferred to in 165.18
164.1Definitions.
164.2Eradication area.
164.3Female animals vaccinated.
164.4Rules.
164.5Request for test.
164.6Expense of test.
164.7Copy of report provided to owner.
164.8Test at auction premises.
164.9Retest by order or request — expense.
164.10Report of laboratory tests to department.
164.11Identification mark.
164.12Quarantined marking.
164.13Unlawful acts.
164.14Imported designated animals.
164.15Quarantined designated animals.
164.16Movement or slaughter permit.
164.17Quarantined for slaughter permit.
164.18Unlawful sale or purchase.
164.19Quarantine.
164.20Appraisal of value of bovine animals.
164.21Indemnification of owner — determination of amount.
164.22Moneys administered.
164.23through 164.28 Reserved.
164.29Reciprocal agreements.
164.30Tagging designated animals received for sale or slaughter.
164.31Penalty.
164.1Definitions.As used in this chapter:1.  “Animal” means a nonhuman vertebrate.2.  “Bovine animal” means bison or cattle.3.  “Certificate of veterinary inspection” or “certificate” means the same as defined in section 163.2.4.  “Class free state” means there has been no known brucellosis in bovine animals for a period of twelve months. A state is classified as class free, class A, class B, and class C, according to guidelines set forth in 9 C.F.R. §78.1.5.  “Condemned” or “reactor” applies to a designated animal reacting to an official test conducted to determine if a designated animal is infected with brucellosis.6.  “Department” means the department of agriculture and land stewardship.7.  “Designated animal” means a bovine animal or any other species of animal that the department by rule determines is capable of carrying and spreading brucellosis, including elk or goats.8.  “Official calfhood vaccination” means the vaccination of a female calf of any species of bovine animal between the ages of four months and ten months with brucella vaccine approved for that species of bovine animal by the United States department of agriculture, if the vaccination has been administered by a veterinarian according to the rules established by the department.9.  “Official test” means a test for brucellosis approved for a species of designated animal by the department and to the extent applicable by the United States department of agriculture which is conducted under the supervision of, or the authorization from, the department.10.  “Owner” includes any person owning or leasing a designated animal.11.  “Quarantine” means the entire herd of designated animals must be confined to a premises designated by the department, if any reactor is disclosed.12.  “Registered purebred” includes cattle with a certificate from herdbooks where registered.13.  “State-approved premises” means an area, including a feedlot or grazing area, established at the discretion of the department for the care and feeding of untested designated animals as provided by the department. However, for cattle, “state-approved premises” means an area where untested heifers over six months of age but under eighteen months of age are subject to care and feeding.14.  “Veterinarian” means a licensed accredited veterinarian authorized by the department.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §164.1]86 Acts, ch 1036, §1 – 3, 86 Acts, ch 1245, §615, 97 Acts, ch 124, §1, 2004 Acts, ch 1163, §18, 2017 Acts, ch 159, §21
Further definitions; see §159.1
164.2Eradication area.This state is declared to be a brucellosis eradication area. An owner shall allow the owner’s designated animals to be tested when ordered by the department or a representative of the department. The owner shall confine and restrain the designated animal in a suitable place so that a test can be conducted. If the owner refuses to confine and restrain the designated animal, after a reasonable time the department may employ sufficient assistance to properly confine and restrain the designated animal. The expense for obtaining assistance shall be paid by the owner.[C66, 71, 73, 75, 77, 79, 81, §164.2]1997 Acts, ch 124, §2164.3Female animals vaccinated.Native female bovine animals of any breed between the ages of four months and twelve months may be officially vaccinated for brucellosis according to procedures approved by the United States department of agriculture. Native female designated animals other than bovine animals may be vaccinated as provided by rules adopted by the department of agriculture and land stewardship. The expense of the vaccination shall be borne in the same manner as provided in section 164.6.[C54, §164.11; C58, 62, §164.28; C66, 71, 73, 75, 77, 79, 81, §164.3]86 Acts, ch 1036, §4, 97 Acts, ch 124, §3, 2017 Acts, ch 159, §22, 2018 Acts, ch 1041, §49
Section amended
164.4Rules.1.  The department may adopt rules as provided in chapter 17A relating to the official testing of designated animals, the disposal by segregation and quarantine or slaughter of condemned designated animals, the operation of state-approved premises, the disinfection of the premises where designated animals are kept, the introduction of designated animals into a herd of other designated animals, the control and eradication of brucellosis, the prevention of the spread of brucellosis to designated animals in this state, and the proper enforcement of this chapter.2.  The department shall not adopt rules relating to cattle that are less restrictive than the uniform methods and rules for brucellosis eradication promulgated by the United States department of agriculture, APHIS 91-1, as effective January 1, 1996, but may adopt rules that are more restrictive.3.  The department may implement any procedure provided in the uniform methods and rules if approved jointly by state and federal animal health officials, including but not limited to the use of quarantined pastures, quarantined feedlots, or other options permitted under the uniform methods and rules.[C46, 50, 54, 58, 62, §164.2; C66, 71, 73, 75, 77, 79, 81, §164.4]1986 Acts, ch 1036, §5; 1996 Acts, ch 1079, §8; 1997 Acts, ch 124, §4Referred to in 164.6164.5Request for test.Upon request by the owner for a departmental inspection of the owner’s designated animals for brucellosis, the department may designate a veterinarian to make an inspection of the designated animals. If authorized by the department, the veterinarian may conduct an official test on the designated animals.[C46, 50, 54, 58, 62, §164.3; C66, 71, 73, 75, 77, 79, 81, §164.5]1997 Acts, ch 124, §5164.6Expense of test.The expense for an inspection and official test of a designated animal other than for bovine animals shall be borne by the owner. If the designated animal is a bovine animal, and the owner agrees to comply with and carry out the provisions of this chapter and the rules adopted by the department under section 164.4, the expense of the inspection and test shall be borne by the United States department of agriculture, or by the department, or by the brucellosis and tuberculosis eradication fund or any combination of these sources.[C46, 50, 54, 58, 62, §164.4; C66, 71, 73, 75, 77, 79, 81, §164.6]1983 Acts, ch 123, §72,209; 1997 Acts, ch 124, §6Referred to in 163A.12, 164.3, 164.9164.7Copy of report provided to owner.A veterinarian or the department shall provide a report to the owner of a designated animal showing the results of an official test conducted by a veterinarian. The report may be a copy of a test chart.[C46, 50, 54, 58, 62, §164.5, 164.6; C66, 71, 73, 75, 77, 79, 81, §164.7]1997 Acts, ch 124, §7164.8Test at auction premises.A designated animal purchased at an auction market may be officially tested on the auction market premises, in the new owner’s name at the owner’s request and expense. This official test must be made within twenty-four hours from the time of sale. If the test discloses reactors, the herd of origin shall be placed under quarantine.[C66, 71, 73, 75, 77, 79, 81, §164.8]1997 Acts, ch 124, §8164.9Retest by order or request — expense.The department may order a retest of designated animals at any time, if the department determines that a retest is necessary. In case of reactors, one retest shall be granted the owner of the designated animals by the department upon the request of the owner or owner’s veterinarian before the designated animals are permanently marked as reactors. The expense of the retest of reactors shall be borne in the same manner as provided in section 164.6.[C46, 50, 54, 58, 62, §164.7; C66, 71, 73, 75, 77, 79, 81, §164.9]1986 Acts, ch 1036, §6; 1997 Acts, ch 124, §9164.10Report of laboratory tests to department.A report of tests conducted by a laboratory under this chapter shall be made in writing to the department within seven days immediately following the completion of the tests. The department shall supply forms for the report. The report shall be signed by the director of the laboratory or the person conducting the test.[C46, 50, 54, 58, 62, §164.8; C66, 71, 73, 75, 77, 79, 81, §164.10]1997 Acts, ch 124, §10164.11Identification mark.A designated animal subjected to an official test shall be plainly and permanently marked for identification in a manner authorized by the department. Native grade bovine carrying the calfhood vaccination and calves vaccinated after importation from other states shall be tattooed in the ear. Officially vaccinated purebred registered cattle must receive a vaccination tattoo and either an official vaccination tag or a purebred identification tattoo. The vaccination tattoo and the vaccination tag number or the purebred identification tattoo shall be evidenced on the official certificate of vaccination.[C46, 50, 54, 58, 62, §164.9; C66, 71, 73, 75, 77, 79, 81, §164.11]1997 Acts, ch 124, §11164.12Quarantined marking.A designated animal which is quarantined as a result of a test for brucellosis shall be plainly and permanently marked for identification by a veterinarian making the test in a manner authorized by the department and to the extent applicable by the United States department of agriculture.[C46, 50, 54, 58, 62, §164.10; C66, 71, 73, 75, 77, 79, 81, §164.12]1997 Acts, ch 124, §12164.13Unlawful acts.An owner shall not sell or transfer ownership of a designated animal, allow the commingling of designated animals belonging to two or more owners, or allow the commingling of designated animals with other designated animals under feeder quarantine on a state-approved premises, unless the commingled designated animals are accompanied by a negative brucellosis test report issued by a veterinarian, conducted within thirty days. The provisions of this section do not apply to the following:1.  Bovine animals under six months of age, spayed heifers, or steers.2.  Official vaccinates of bovine animals other than dairy cattle under twenty-four months of age or dairy cattle under twenty months of age, if not postparturient.3.  Designated animals which are consigned directly to slaughter.4.  Designated animals which are imported for exhibition purposes, if any of the following apply:a.  When under the test-eligible ages as provided by the department for designated animals other than bovine. For bovine the test-eligible ages are as provided in this section. The designated animal must be accompanied by an official vaccination certificate as provided by the department. A bovine animal which is six months or older must be accompanied with a vaccination certificate.b.  Designated animals of any age when accompanied by a report of a negative brucellosis test conducted within thirty days.c.  Designated animals originating from a herd in a class free state or designated animals from a brucellosis-free herd.5.  Designated animals originating from a herd in a class free state or designated animals from a certified brucellosis-free herd.6.  Designated animals moved to a state-approved premises.[C54, 58, 62, §164.11; C66, 71, 73, 75, 77, 79, 81, §164.13]1986 Acts, ch 1036, §7; 1997 Acts, ch 124, §13164.14Imported designated animals.1.  Female designated animals other than female bovine animals, which are under an age established by the department, and female bovine animals over six months and under eighteen months of age, may enter the state for feeding purposes to be consigned to a state-approved premises under quarantine, if the female designated animals are not postparturient. The designated native female animals that have been consigned to the state-approved premises may be released from the state-approved premises if they have been any of the following:a.  Consigned to slaughter.b.  Consigned to a federally approved market.c.  Consigned to another quarantined premises.d.  Tested negative for brucellosis at the owner’s expense. The test shall be made not less than sixty days after the last consignment to the premises and shall include all animals on the premises.2.  Female designated animals, other than female bovine, over an age established by the department and female bovine over eighteen months of age may enter the state if the designated animals are any of the following:a.  Consigned to a federally approved market.b.  Consigned to a slaughter plant for immediate slaughter.c.  Accompanied by a certificate of veterinary inspection showing a record of a negative brucellosis test, when required, accomplished within thirty days of importation.[C54, 58, 62, §164.11(7a); C66, 71, 73, 75, 77, 79, 81, §164.14]1986 Acts, ch 1036, §8; 1997 Acts, ch 124, §14; 2004 Acts, ch 1163, §19164.15Quarantined designated animals.A designated animal shall not be brought into contact with a condemned designated animal held in quarantine. If a designated animal is added to the quarantined lot, the designated animal shall become a part of the lot and held subject to the same requirements as apply to the quarantined designated animals.[C46, 50, 54, 58, 62, §164.12; C66, 71, 73, 75, 77, 79, 81, §164.15]1997 Acts, ch 124, §15164.16Movement or slaughter permit.A designated animal shall not be slaughtered, have its location changed, or be moved from quarantine except as authorized by an official written permit issued by the department or by a veterinarian.[C46, 50, 54, 58, 62, §164.13; C66, 71, 73, 75, 77, 79, 81, §164.16]1997 Acts, ch 124, §16164.17Quarantined for slaughter permit.When a written order has been issued by the department or its authorized representative for the removal of a quarantined designated animal to slaughter, the designated animal shall be tagged and handled within fifteen days after the date of testing. Within thirty days the designated animal shall be moved and slaughtered under the direct supervision of a duly authorized agent or representative of the United States department of agriculture at a time and place designated by the department. A designated animal quarantined because of brucellosis shall be disposed of by its owner within a period not to exceed forty-five days from the date on which blood samples were drawn disclosing it as a reactor.[C46, 50, 54, 58, 62, §164.14; C66, 71, 73, 75, 77, 79, 81, §164.17]1997 Acts, ch 124, §17164.18Unlawful sale or purchase.A person shall not sell, offer for sale, or purchase a designated animal which is quarantined as a result of an official test, except as provided by rules adopted by the department.[C46, 50, 54, 58, 62, §164.15; C66, 71, 73, 75, 77, 79, 81, §164.18]1997 Acts, ch 124, §18164.19Quarantine.The department may issue any quarantine order deemed necessary for the control and eradication of brucellosis and the proper enforcement of this chapter. A lot or group of designated animals in which reactors have been disclosed shall be under quarantine along with any designated animal from which the lot or group originated or commingled. The designated animals may be sold for slaughter under permit, or returned to their place of origin. In case of hardship the department may upon investigation of the case alter a quarantine order to the extent that the department determines that it is necessary to alleviate the hardship and protect the industry and prospective purchasers. The department shall adopt rules pursuant to chapter 17A necessary in order to administer this section.[C46, 50, 54, 58, 62, §164.16; C66, 71, 73, 75, 77, 79, 81, §164.19]1997 Acts, ch 124, §19164.20Appraisal of value of bovine animals.Before being slaughtered, quarantined bovine animals shall be appraised at their cash value for dairy and breeding purposes by the owner and a representative of the department, a representative of the United States department of agriculture, or by the owner and both of the representatives. If these parties cannot agree as to the amount of the appraisal, three competent and disinterested persons shall be appointed to render a final appraisal. One person shall be appointed by the department, one by the owner, and one by the first two appointed persons.[C46, 50, 54, 58, 62, §164.18; C66, 71, 73, 75, 77, 79, 81, §164.20]1997 Acts, ch 124, §20164.21Indemnification of owner — determination of amount.1.  The owner of a bovine animal shall be indemnified for the bovine animal as provided in this section. The department shall certify the claim of the owner for the bovine animal slaughtered in accordance with this chapter. An infected bovine animal herd may be completely depopulated and indemnity paid when, in the opinion of the department and the veterinary service of the United States department of agriculture, the disease cannot be adequately controlled by routine testing.2.  The owner shall be indemnified to the extent that money is available in the brucellosis and tuberculosis eradication fund as created in section 165.18 and indemnification is also made by the United States department of agriculture. However, if the United States department of agriculture is unable to indemnify the owner, the department may indemnify the owner, if money is available.3.  In the case of individual payment, all cattle shall be individually appraised and the amount of indemnity shall be equal to the difference between the slaughter value and the appraisal price, less the amount of indemnity paid by the United States department of agriculture. Bison shall be appraised as if the bison are beef cattle. The total amount of indemnity paid by the brucellosis and tuberculosis eradication fund for a grade animal or a purebred animal shall not exceed two hundred dollars. However, if purebred cattle are purchased and owned for at least one year before testing and the owner can verify the actual cost, the department may further indemnify the owner. The amount of the indemnification shall not exceed five hundred fifty dollars or the actual cost of the animal when purchased, whichever is less.[C46, 50, 54, 58, 62, §164.19; C66, 71, 73, 75, 77, 79, 81, §164.21]83 Acts, ch 123, §73, 209, 86 Acts, ch 1036, §9, 97 Acts, ch 124, §21, 2017 Acts, ch 54, §76Referred to in 165.18164.22Moneys administered.All moneys appropriated by the state for carrying out the provisions of this chapter shall be administered by the department for the payment of the indemnity, salaries, and other necessary expenses.[C46, 50, 54, 58, 62, §164.20; C66, 71, 73, 75, 77, 79, 81, §164.22]1997 Acts, ch 124, §22164.23 through 164.28 164.29Reciprocal agreements.The department to every extent practical shall enter into reciprocal agreements with other states to provide that designated animals which are covered by certificates of vaccination in this state and other states may be transported and sold in interstate commerce between this state and the other states.[C50, 54, 58, 62, §164.27; C66, 71, 73, 75, 77, 79, 81, §164.29]1997 Acts, ch 124, §23164.30Tagging designated animals received for sale or slaughter.1.  The department shall provide requirements for tagging designated animals which are received for sale or shipment to a slaughtering establishment.a.  Bovine animals two years of age and older received for sale or shipment to a slaughtering establishment shall be identified with a back tag issued by the department. The back tag shall be affixed to the animal as directed by the department.b.  A livestock trucker delivering a designated animal to an out-of-state market, livestock dealer, livestock market operator, stockyard operator, or slaughtering establishment shall identify a designated animal which is not tagged as provided in this section, at the time of taking possession or control of the designated animal. A livestock trucker may be exempted from this requirement if the designated animal’s farm of origin is identified when delivered to a livestock market, stockyard, or slaughtering establishment which agrees to accept responsibility for tagging the designated animal.2.a.  A person required to identify a designated animal in accordance with this section shall file a report of the identification on forms and as specified by the department, including the following for bovine animals:(1)  The back-tag number and date of application.(2)  The name, address, and county of residence of the person who owned or controlled the herd from which the bovine animal originated.(3)  The type of bovine animal. If the bovine animal is cattle, the person shall identify whether the animal was a beef or dairy type.b.  Each report shall cover all bovine animals identified during the preceding week.3.  A person shall not remove a tag affixed to a designated animal, unless the person is authorized by the department, and removes the tag according to instructions and policies established by the department. The removal of a tag by a person who is unauthorized by the department shall be a violation of this section and subject to the penalties provided in section 164.31.[C71, 73, 75, 77, 79, 81, §164.30]1997 Acts, ch 124, §24; 2009 Acts, ch 41, §263164.31Penalty.A person guilty of violating a provision of this chapter is guilty of a simple misdemeanor.[C66, §164.30; C71, 73, 75, 77, 79, 81, §164.31]1997 Acts, ch 124, §25Referred to in 164.30