CHAPTER 163
INFECTIOUS AND CONTAGIOUS DISEASES AMONG ANIMALS

Referred to in §159.5, 159.6, 165B.2, 166A.4

Definitions applicable to chapter; see §159.1

SUBCHAPTER I
GENERAL PROVISIONS

PART 1
CHAPTER ADMINISTRATION AND GENERAL DEFINITIONS

     
163.1  Powers of department.
  The department shall administer and enforce the provisions of this chapter and rules adopted by the department pursuant to this chapter. In administering the provisions of this chapter, the department shall have power to do all of the following:
  1.  Adopt any necessary rule for the control of an infectious or contagious disease affecting animals within the state.
  2.  Provide for quarantining animals afflicted with an infectious or contagious disease, or that have been exposed to such disease, whether within or without the state.
  3.  Determine and employ the most efficient and practical means for the control of an infectious or contagious disease afflicting animals.
  4.  Establish, maintain, enforce, and regulate quarantine and other measures relating to the movement and care of animals that may be exposed or afflicted with an infectious or contagious disease.
  5.  Provide for the disinfection of suspected yards, buildings, or articles, and for the destruction of animals as may be deemed necessary by the department.
  6.  Enter any place where any animal is at the time located, or where it has been kept, or where the carcass of such animal may be, for the purpose of examining it in any way that may be necessary to determine whether it was or is exposed to or afflicted with an infectious or contagious disease.
  7.  Regulate or prohibit the arrival in, departure from, and passage through the state of animals exposed to or afflicted with an infectious or contagious disease; and in case of a violation of any such regulation or prohibition, to detain any animal at the owner’s expense.
  8.  Regulate or prohibit the movement of animals into the state which, in the department’s determination, for any reason, may be detrimental to the health of animals in the state.
  9.  Cooperate with and arrange for assistance from the United States department of agriculture in performing its duties under this chapter.
  10.  Impose civil penalties as provided in this chapter. The department may refer cases for prosecution to the attorney general.
[S13, §2538-s; C24, 27, 31, 35, 39, §2643; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.1]
91 Acts, ch 32, §1; 2001 Acts, ch 136, §1; 2004 Acts, ch 1163, §1

  
     
163.2  General definitions.
  As provided in this chapter, unless the context otherwise requires:
  1.  “Certificate of veterinary inspection” or “certificate” means a legible record, made on an official form of the state of origin or the animal and plant health inspection service of the United States department of agriculture, and issued by an accredited veterinarian of the state of origin or a veterinarian in the employ of the animal and plant health inspection service, which shows that an animal listed on the form meets the health requirements of the state of destination.
  2.  “Control” means the prevention, suppression, or eradication of an infectious or contagious disease afflicting an animal within the state.
  3.  “Department” means the department of agriculture and land stewardship.
  4.  “Foot and mouth disease” means a virus of the family picornaviridae, genus aphthovirus, including any immunologically distinct serotypes.
  5.  “Infectious or contagious disease” means glanders, farcy, maladie du coit (dourine), anthrax, foot and mouth disease, scabies, classical swine fever, tuberculosis, brucellosis, vesicular exanthema, scrapie, rinderpest, avian influenza or Newcastle disease as provided in chapter 165B, pseudorabies as provided in chapter 166D, or any other transmissible, transferable, or communicable disease so designated by the department.
  6.  “Move” or “movement”, except as provided in subchapter III, means to ship, transport, or deliver an animal.
[C24, 27, 31, 35, 39, §2644; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.2]
2001 Acts, ch 170, §1, 3; 2004 Acts, ch 1089, §1; 2004 Acts, ch 1163, §2; 2009 Acts, ch 133, §202; 2011 Acts, ch 84, §1, 5; 2012 Acts, ch 1095, §34
Referred to in §163A.1, 164.1, 165.1A, 166A.1, 166D.2, 172E.2, 670.4, 717A.2

PART 2
STATEWIDE PREPAREDNESS AND AUTHORIZATION

  
     
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.
2020 Acts, ch 1036, §1, 16

  
     
163.3  Veterinary and special assistants.  Transferred to §163.3G; 
2020 Acts, ch 1036, §14, 16
.

  
     
163.3A  Veterinary emergency preparedness and response.
  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 animals. 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.
  2.  The services shall be performed under the direction of the department and may be part of measures authorized by the governor under a declaration or proclamation issued pursuant to chapter 29C. In such case, the department shall cooperate with the Iowa department of public health under chapter 135, and the department of homeland security and emergency management, and local emergency management agencies as provided in chapter 29C.
  3.  The secretary or the secretary’s designee shall appoint veterinarians licensed pursuant to chapter 169 or persons in related professions or occupations who are qualified, as determined by the secretary, to serve on a voluntary basis as members of one or more veterinary emergency response teams. The secretary shall provide for the registration of persons as part of the appointment process. The secretary may cooperate with the Iowa board of veterinary medicine in implementing this section.
  4.  a.  A registered member of an emergency response team who acts under the authority of the secretary shall be considered an employee of the state for purposes of defending a claim on account of damage to or loss of property or on account of personal injury or death under chapter 669. The registered member shall be afforded protection under section 669.21. The registered member shall also be considered an employee of the state for purposes of disability, workers’ compensation, and death benefits under chapter 85.
  b.  The department shall provide and update a list of the registered members of each emergency response team, including the members’ names and identifying information, to the department of administrative services. Upon notification of a compensable loss suffered by a registered member, the department of administrative services shall seek authorization from the executive council to pay as an expense from the appropriations addressed in section 7D.29 those costs associated with covered benefits.
2005 Acts, ch 151, §2; 2011 Acts, ch 131, §27, 158; 2013 Acts, ch 29, §47; 2020 Acts, ch 1036, §3, 16
Referred to in §163.3C, 163.3D, 163.3F, 163.3G

     
163.3B  Foreign animal disease preparedness and response fund.
  1.  A foreign animal disease preparedness and response fund is created in the state treasury under the control and management of the department.
  2.  The fund shall include moneys appropriated by the general assembly credited to the fund. The fund may include other moneys available to and obtained or accepted by the department as provided in section 159.6A, including but not limited to the federal government, other public sources, or private sources. 
  3.  Moneys in the fund are appropriated to the department and shall be used exclusively to develop, establish, and implement a foreign animal disease preparedness and response strategy as described in section 163.3C, and shall not require further special authorization by the general assembly.
  4.  a.  Notwithstanding section 12C.7, interest or earnings on moneys in the fund shall be credited to the fund. 
  b.  Notwithstanding section 8.33, moneys credited to the fund that remain unexpended or unobligated at the end of a fiscal year shall not revert to any other fund.
2017 Acts, ch 168, §28

  
     
163.3C  Foreign animal disease preparedness and response strategy.
  1.  The department shall develop and establish a foreign animal disease preparedness and response strategy for use by the department in order to prevent, control, or eradicate the transmission of foreign animal diseases among populations of 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:
  a.  The Iowa cattlemen’s association.
  b.  The Iowa state dairy association.
  c.  The Iowa pork producers association.
  d.  The Iowa sheep producers industry association.
  e.  The Iowa turkey federation.
  f.  The Iowa poultry association.
  g.  The college of veterinary medicine at Iowa state university.
  h.  The livestock health advisory council created in section 267.2.
  2.  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 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.
  3.  a.  In developing and establishing a foreign animal disease preparedness and response strategy, the department may collect, maintain, and use information related to the registration and identification of any premises where animals are kept. The information may include but is not limited to all of the following:
  (1)  The name, address, and contact information of an interested person.
  (2)  The location of the premises where the animals are kept.
  (3)  An identification number assigned to the premises where the animals are kept.
  b.  The information described in paragraph “a” is a confidential record as provided in section 22.7. Nothing in this subsection limits the department in acting as the lawful custodian of the confidential record from disclosing the record or any part of the record to another person if the department determines that such disclosure will assist in implementing, administering, or enforcing the foreign animal disease preparedness and response strategy.
2017 Acts, ch 168, §29; 2020 Acts, ch 1036, §4 – 6, 16; 2021 Acts, ch 149, §3
Referred to in §22.7(39A), 163.3B, 163.3F

  
     
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 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 163.3G 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 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 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.
2020 Acts, ch 1036, §7, 16
Referred to in §163.3E, 163.3F, 459.501

  
     
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 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 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 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.
2020 Acts, ch 1036, §8, 16
Referred to in §163.3D, 163.3F, 459.501

  
     
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 163.3G.
2020 Acts, ch 1036, §9, 16
Referred to in §163.61

  
     
163.3G  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 one or more special assistants as may be necessary in cases of emergency, including as provided in section 163.3A.
[C24, 27, 31, 35, 39, §2645; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.3]
2005 Acts, ch 151, §1; 2020 Acts, ch 1036, §2, 14, 16
C2021, §163.3G
Referred to in §163.3D, 163.3F

     
163.4  Powers of assistants.
   Assistant veterinarians shall have power, under the direction of the department, to perform all acts necessary to carry out the provisions of law relating to infectious and contagious diseases among animals, and shall be furnished by the department with the necessary supplies and materials which shall be paid for out of the appropriation for the eradication of infectious and contagious diseases among animals.
[C24, 27, 31, 35, 39, §2646; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.4]
2014 Acts, ch 1026, §33

     
163.5  Oaths.
   Assistant veterinarians shall have power to administer oaths and affirmations to appraisers acting under this and the following chapters of this subtitle.
[C24, 27, 31, 35, 39, §2647; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.5]
2014 Acts, ch 1026, §34
Analogous provisions, §63A.2 

PART 3
REGULATION

     
163.6  Slaughter facilities — blood samples.
  1.  As used in this section, unless the context otherwise requires:
  a.  “Department” means the department of agriculture and land stewardship unless the United States department of agriculture is otherwise specified.
  b.  “Slaughtering establishment” means a person engaged in the business of slaughtering animals, if the person is an establishment subject to the provisions of chapter 189A which slaughters animals for meat food products as defined in section 189A.2.
  2.  The department may require that samples of blood be collected from animals at a slaughtering establishment in order to determine if the animals are infected with an infectious or contagious disease, according to rules adopted by the department of agriculture and land stewardship. Upon approval by the department, the collection shall be performed by either of the following:
  a.  A slaughtering establishment under an agreement executed by the department and the slaughtering establishment.
  b.  A person authorized by the department.
  3.  An authorized person collecting samples shall have access to areas where the animals are confined in order to collect blood samples. The department shall notify the slaughtering establishment in writing that samples of blood must be collected for analysis. The notice shall be provided in a manner required by the department.
  4.  In carrying out this section, a person authorized by the department to collect blood samples from animals as provided in this section shall have the right to enter and remain on the premises of the slaughtering establishment in the same manner and on the same terms as a meat inspector authorized by the department, including the right to access facilities routinely available to employees of the slaughtering establishment such as toilet and lavatory facilities, lockers, cafeterias, areas reserved for work breaks or dining, and storage facilities.
  5.  The slaughtering establishment shall provide a secure area for the permanent storage of equipment used to collect blood, an area reserved for collecting the blood, including the storage of blood during the collection, and a refrigerated area used to store blood samples prior to analysis. The area reserved for collecting the blood shall be adjacent to the area where the animals are killed, unless the authorized person and the slaughtering establishment select another area.
  6.  The department is not required to compensate a slaughtering establishment for allowing a person authorized by the department to carry out this section.
98 Acts, ch 1056, §1; 2001 Acts, ch 136, §2; 2002 Acts, ch 1119, §21; 2009 Acts, ch 41, §203

     
163.7  State and federal rules.
  The rules adopted by the department regarding interstate shipments of animals shall not be in conflict with the rules of the United States department of agriculture, unless there is an outbreak of a malignant contagious disease in any locality, state, or territory, in which event the department of agriculture and land stewardship may place an embargo on such locality, state, or territory.
[C24, 27, 31, 35, 39, §2649; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.7]
2012 Acts, ch 1095, §19

     
163.8  Enforcement of rules.
  The assistant veterinarians appointed under this chapter shall enforce all rules of the department, and in so doing may call to their assistance any peace officer.
[S13, §2538-s; C24, 27, 31, 35, 39, §2650; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.8]

     
163.9  College at Ames to assist.
  The dean of the veterinary college of the Iowa state university of science and technology is authorized to use the equipment and facilities of the college in assisting the department in carrying out the provisions of this chapter.
[C24, 27, 31, 35, 39, §2651; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.9]

     
163.10  Quarantining or destroying animals.
  The department may quarantine or destroy any animal exposed to or afflicted with an infectious or contagious disease. However, cattle exposed to or infected with tuberculosis shall not be destroyed without the owner’s consent, unless there are sufficient moneys to reimburse the owner for the cattle, which may be paid as an expense authorized as provided in section 163.15, from moneys in the brucellosis and tuberculosis eradication fund created in section 165.18, or from moneys made available by the United States department of agriculture.
[C24, 27, 31, 35, 39, §2652; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.10]
2004 Acts, ch 1163, §3; 2011 Acts, ch 131, §28, 158

  
     
163.11  Examination of imported animals.
  1.  A person shall not move an animal into this state, except to a public livestock market where federal inspection of livestock is maintained, for work, breeding, or dairy purposes, unless such animal has been examined and found free from all infectious or contagious diseases.
  2.  A person shall not bring in any manner into this state any cattle for dairy or breeding purposes unless such cattle have been tested within thirty days prior to date of importation by the agglutination test for contagious abortion or abortion disease, and shown to be free from such disease.
  3.  Animals for feeding purposes, however, may be brought into the state without inspection, under such regulations as the department may prescribe except that this subsection shall not apply to swine.
[C24, 27, 31, 35, 39, §2653; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.11]
2004 Acts, ch 1163, §4; 2015 Acts, ch 29, §28
Referred to in §163.12

     
163.12  Freedom from disease — certificate.
  Freedom from disease as specified in section 163.11 shall be established by a certificate of veterinary inspection signed by a veterinarian acting under either the authority of the department of agriculture and land stewardship, or of the United States department of agriculture. A copy of the certificate shall be attached to the waybill accompanying a shipment, and a copy of the certificate shall be delivered to the department.
[C24, 27, 31, 35, 39, §2654; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.12]
2004 Acts, ch 1163, §5
Referred to in §163.14

163.13  Certificate attached to bill of lading.  Repealed by 
2005 Acts, ch 19, §125
.  

     
163.14  Intrastate movement.
  An animal, other than an animal to be moved for immediate slaughter, shall be inspected when required by the department, and accompanied by the certificate of veterinary inspection provided in section 163.12 when moved from a point in this state to another point within the state where federal inspection is not maintained.
[C24, 27, 31, 35, 39, §2656; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.14]
2004 Acts, ch 1163, §6

  
     
163.15  Tuberculosis — indemnification of owner.
  1.  If the secretary of agriculture determines that the outbreak of the infectious or contagious disease tuberculosis among an animal population constitutes a threat to the general welfare or the public health of the inhabitants of this state, the secretary shall formulate a program of eradication which shall include the condemnation and destroying of the animals exposed to or afflicted with the disease tuberculosis. The program of eradication shall provide for the indemnification of owners of the livestock under this section, if there are no other sources of indemnification. The program shall not be effective until the program has been approved by the executive council.
  2.  If an animal afflicted with the infectious or contagious disease tuberculosis is destroyed under a program of eradication as provided in this section, the owner shall be compensated according to one of the following methods:
  a.  (1)  A determination of an indemnity amount as agreed to by appraisal. The determination shall be made by appraisers who shall be three competent and disinterested persons, including one who is appointed by the department, one who is appointed by the owner, and one who is appointed by agreement of the department and the owner. The appraisers shall report their appraisal under oath to the department. The appraisers shall receive compensation and expenses as provided for by the program.
  (2)  A claim for an indemnity filed by the owner shall not exceed the amount agreed upon by the majority decision of the appraisers. For an animal other than registered purebred stock the indemnity amount shall be based on current market prices. For registered purebred stock, the indemnity amount may exceed market prices by not more than fifty percent. The indemnity amount shall be less any amount of indemnification that the owner might be allowed from the United States department of agriculture. An indemnity shall not be allowed for an animal if the department of agriculture and land stewardship determines that the animal has been fed raw garbage as provided in section 163.26.
  (3)  A claim for an indemnity by the owner and a claim for compensation and expenses by the appraisers shall be filed with the department and submitted by the secretary of agriculture to the executive council for authorization of payment of the claim as an expense from the appropriations addressed in section 7D.29.
  b.  A formula established by rule adopted by the department that is effective as determined by the department in accordance with chapter 17A and applicable upon approval of the program of eradication by the executive council. The formula shall be applicable to indemnify owners if the executive council, upon recommendation by the secretary of agriculture, determines that an animal population in this state is threatened with infection from an exceptionally contagious form of the disease tuberculosis.
  (1)  An owner shall be paid an indemnity amount based on the formula, only if the owner elects to be paid under the formula in lieu of the determination by appointed appraisers as otherwise provided in this section.
  (2)  The formula shall provide for the payment of the fair market value of an animal based on market prices paid for similar animals according to categories or criteria established by the department, which may include payment based on the species, breed, type, weight, sex, age, purebred status, and condition of the animal. The department may provide for deductions based on other compensation received by the owner for the destruction of the animals. The department may exclude a claim if the person would be ineligible to receive compensation by three appointed appraisers as provided in this section.
  (3)  If an owner elects to be paid an indemnity amount based on a method that provides either a determination by appointed appraisers or pursuant to a formula, the owner shall not be entitled to revoke the election, unless otherwise provided by the department. An owner’s decision to delay or refuse to make an election under this section shall not affect the condemnation and destruction of afflicted animals under the program of eradication.
  (4)   The executive council may authorize payment under the provisions of this paragraph “b” as an expense from the appropriations addressed in section 7D.29.
[SS15, §2538-1a – 8a; C24, 27, 31, 35, 39, §2657; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.15]
2002 Acts, ch 1101, §1; 2004 Acts, ch 1163, §7, 8; 2011 Acts, ch 131, §29 – 32, 158; 2015 Acts, ch 133, §3 – 6
Referred to in §163.10, 163.16, 163.51

  
     
163.16  Tuberculosis in imported animals — compensation restricted.
  Unless an animal was examined at the time of importation into the state and found free from contagious or infectious diseases as provided in this chapter, no person importing the same and no transferee who receives such animal knowing that the provisions of this chapter have been violated shall receive any compensation under section 163.15 for the destruction of such animal by the department.
[C24, 27, 31, 35, 39, §2658; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.16]
Examination of imported animals, §163.11 

     
163.17  Local boards of health.
  All local boards of health shall assist the department in the prevention, suppression, control, and eradication of contagious and infectious diseases among animals, whenever requested to do so.
[C24, 27, 31, 35, 39, §2659; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.17]
Local boards of health, chapter 137 

     
163.18  False representation.
  A person shall not knowingly make a false representation about the shipment of an animal that is being or will be made, with the intent to avoid or prevent the animal’s inspection that is conducted in order to determine whether the animal is free from disease.
[C24, 27, 31, 35, 39, §2660; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.18]
2001 Acts, ch 136, §3

     
163.19  Sale or exposure of infected animals.
  No owner or person having charge of any animal, knowing the same to have any infectious or contagious disease, shall sell or barter the same for breeding, dairy, work, or feeding purposes, or permit such animal to run at large or come in contact with any other animal.
[C97, §5018; C24, 27, 31, 35, 39, §2661; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.19]

     
163.20  Glanders.
  No owner or person having charge of any animal, knowing the same to be affected with glanders, shall permit such animal to be driven upon any highway, and no keeper of a public barn shall knowingly permit any animal having such disease to be stabled in such barn.
[C24, 27, 31, 35, 39, §2662; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.20]

163.21  Penalties.  Repealed by 
2001 Acts, ch 136, §10
.  

163.22  Annual estimate.  Repealed by 
2005 Acts, ch 19, §125
. 

     
163.23  False certificates of veterinary inspection.
  A veterinarian shall not issue a certificate of veterinary inspection for an animal knowing that the animal described in the certificate was not the same animal from which tests were made as a basis for issuing the certificate. A veterinarian shall not otherwise falsify a certificate.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.23]
2001 Acts, ch 136, §4; 2004 Acts, ch 1163, §9

     
163.24  Using false certificate.
  A person shall not conduct a transaction to import, export, or transport an animal within this state or sell or offer for sale an animal if the person uses a certificate of veterinary inspection in connection with the transaction knowing that the animal described in the certificate was not the animal from which tests were made as a basis for issuing the certificate. A person shall not otherwise use an altered or otherwise false certificate in connection with such transaction.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.24]
2001 Acts, ch 136, §5; 2004 Acts, ch 1163, §10

     
163.25  Altering certificate.
  1.  A person shall not remove or alter a tag or mark of identification appearing on an animal, tested or being tested for disease, if the tag or mark of identification is authorized by the department or inserted by any qualified veterinarian.
  2.  A person shall not falsify any of the following:
  a.  A certificate of vaccination, issued by a person authorized to vaccinate the animal.
  b.  A certificate of veterinary inspection.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.25]
2001 Acts, ch 136, §6; 2012 Acts, ch 1095, §20
SUBCHAPTER II
FEEDING GARBAGE TO ANIMALS

     
163.26  Definition.
  For the purposes of this subchapter, “garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of foods, including animal carcasses or parts. “Garbage” includes all waste material, by-products of a kitchen, restaurant, hotel, or slaughterhouse, every refuse accumulation of animal, fruit, or vegetable matter, liquids or otherwise, or grain not consumed, that is collected from hog sales pen floors in public stockyards. Animals or parts of animals, which are processed by slaughterhouses or rendering establishments, and which as part of the processing are heated to not less than 212 degrees Fahrenheit for thirty minutes, are not garbage for purposes of this chapter.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.26]
86 Acts, ch 1245, §612; 87 Acts, ch 115, §27; 2001 Acts, ch 136, §9; 2012 Acts, ch 1095, §21; 2013 Acts, ch 30, §38
Referred to in §163.15

  
     
163.27  Boiling garbage — feeding restrictions.
  1.  Garbage shall not be fed to an animal unless such garbage has been heated to a temperature of 212 degrees Fahrenheit for thirty minutes, or other acceptable method, as provided by rules adopted by the department. However, this requirement shall not apply to an individual who feeds to the individual’s own animals only the garbage obtained from the individual’s own household. 
  2.  A person shall not feed public or commercial garbage to swine.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §163.27]
2006 Acts, ch 1010, §56; 2012 Acts, ch 1095, §22; 2014 Acts, ch 1026, §35

     
163.28  Licenses.  Repealed by 2013 Acts, ch 90, §216.

163.29  Penalty.  Repealed by 
2001 Acts, ch 136, §10
.  
SUBCHAPTER III
MOVEMENT OF SWINE
Referred to in §163.2

  
     
163.30  Swine movement — definitions — dealer licenses, permits, and fees.
  1.  This section shall apply to all swine moved interstate and intrastate, except swine moved directly to slaughter or to a livestock market for sale directly to a slaughtering establishment for immediate slaughter.
  2.  When used in this subchapter:
  a.  “Dealer” means any person who is engaged in the business of buying for resale, or selling, or exchanging swine as a principal or agent or who claims to be so engaged, but does not include the owner or operator of a farm who does not claim to be so engaged and who sells or exchanges only those swine which have been kept by the person solely for feeding or breeding purposes.
  b.  “Move” or “movement” means to ship, transport, or deliver swine by land, water, or air, except that “move” or “movement” does not mean a relocation.
  c.  “Relocate” or “relocation” means to ship, transport, or deliver swine by land, water, or air, to different premises, if the ownership of the swine does not change, the prior and new premises are located within the state, and the shipment, transportation, or delivery between the prior and new premises occurs within the state.
  d.  “Separate and apart” means a manner of holding swine so as not to have physical contact with other swine on the premises.
  3.  A person shall not act as a dealer unless the department issues the person a dealer’s license. The person must be licensed as a dealer regardless of whether the swine originate in this state or another jurisdiction or the person resides in this state or another jurisdiction. The jurisdiction may be in another state or a foreign nation.
  a.  The fee for a dealer’s license is ten dollars. A dealer’s license expires on the first day of the second July following the date of issue. An initial license shall be numbered and any subsequent or renewed license issued to that dealer shall retain the same license number.
  b.  To be issued a license, an applicant must file a surety bond with the department. The applicant shall file a standard surety bond of ten thousand dollars with the secretary named as trustee, for the use and benefit of anyone damaged by a violation of this section, except that the bond shall not be required for dealers who are bonded in the same or a greater amount than required pursuant to the federal Packers and Stockyards Act. In addition, the department may require that a licensee file evidence of financial responsibility with the department prior to a license being issued or renewed as provided in section 202C.2.
  c.  Each employee or agent doing business by buying for resale, selling, or exchanging feeder swine in the name of a licensed dealer must obtain a permit issued by the department showing the person is employed by or represents a licensed dealer. A permit shall be issued upon the department’s approval of a completed application. An application form shall be furnished by the department. The fee for a permit is six dollars. A permit shall expire on the first day of the second July following the date of issue.
  d.  A permittee shall not represent more than one dealer. Failure of a licensee or permittee to comply with this chapter or a rule made pursuant to this chapter is cause for revocation by the secretary of the permit or license after notice to the alleged offender and the holding of a hearing by the secretary. Rules shall be made in accordance with chapter 17A. A rule, the violation of which is made the basis for revocation, except temporary emergency rules, shall first have been approved after public hearing as provided in section 17A.4 after giving twenty days’ notice of the hearing by mailing the notice, by ordinary mail, to every person filing a request for notice accompanied by an addressed envelope with prepaid postage. Any person may file such a request to be listed with any agency for notice for the time and place for all hearings on proposed rules, which request shall be accompanied by a remittance of five dollars. Such fee shall be added to the operating fund of the department. The listing shall expire semiannually on January 1 and July 1.
  4.  a.  All swine moved shall be individually identified with a distinctive and easily discernible ear tag affixed in either ear of the animal or other identification acceptable to the department, which has been specified by rule promulgated under the department’s rulemaking authority. The department shall make ear tags available at convenient locations within each county and shall sell such tags at a price not exceeding the cost to producers and others to comply with this section.
  b.  Every seller, dealer and market operator shall keep a record of the ear tag numbers, or other approved identification, and the farm of origin of swine moved by or through that person, which records shall be made available by that person to any appropriate representative of the department or the United States department of agriculture.
  5.  All swine moved shall be accompanied by a certificate of veterinary inspection issued by the state of origin and prepared and signed by a veterinarian. The certificate shall show the point of origin, the point of destination, individual identification, immunization status, and, when required, any movement permit number assigned to the shipment by the department. All such movement of swine shall be completed within seventy-two hours unless an extension of time for movement is granted by the department.
  a.  However, swine may be moved intrastate directly to an approved state, federal, or auction market without identification or certification, if the swine are to be identified and certificated at the state, federal, or auction market.
  b.  Registered swine for exhibition or breeding purposes which can be individually identified by a method approved by the department are excepted from the identification requirement.
  c.  Native Iowa swine moved from farm to farm shall be excepted from the identification requirement if the owner transferring possession of the feeder pigs executes a written agreement with the person taking possession of the feeder pigs. The agreement shall provide that the feeder pigs shall not be commingled with other swine for a period of thirty days. The owner transferring possession shall be responsible for making certain that the agreement is executed and for providing a copy of the agreement to the person taking possession.
  6.  The department may combine a certificate of veterinary inspection with a certificate of inspection required under chapter 166D.
  7.  The department may require issuance of movement permits on certain categories of swine moved, prior to their movement, pursuant to rules adopted by the department. The rules shall be adopted when in the judgment of the secretary, such movement would otherwise threaten or imperil the eradication of classical swine fever in Iowa.
  8.  All swine moved shall be quarantined separate and apart from other swine located at the Iowa farm of destination for thirty days beginning with their arrival at such premises, or if such incoming swine are not held separate and apart, all swine on such premises shall be thus quarantined, except animals moving from such premises directly to slaughter.
  9.  There can only be one transfer by a dealer, involving not more than two markets, prior to quarantine.
  10.  The use of anti-classical swine fever serum or antibody concentrate shall be in accordance with rules adopted by the department.
  11.  Any swine found by a registered veterinarian to have any infectious or contagious disease after delivery to a livestock sale barn or auction market for resale, other than for slaughter, shall be immediately returned to the consignor’s premises to be quarantined separate and apart for fifteen days. Such swine shall not be moved from such premises for any purpose unless a certificate of veterinary inspection accompanies the swine’s movement or unless the swine are sent to slaughter. 
[C62, 66, §163.30; C71, §163.30 – 163.33; C73, 75, 77, 79, 81, §163.30]
87 Acts, ch 115, §28; 91 Acts, ch 32, §2
; 97 Acts, ch 183, §1, 13
; 98 Acts, ch 1056, §2; 2003 Acts, ch 90, §1; 2003 Acts, ch 108, §41; 2004 Acts, ch 1101, §27; 2004 Acts, ch 1163, §11, 12; 2009 Acts, ch 133, §203, 204; 2010 Acts, ch 1069, §21; 2011 Acts, ch 34, §37; 2011 Acts, ch 46, §7; 2012 Acts, ch 1095, §24, 35; 2017 Acts, ch 159, §18, 19, 56
Referred to in §163.61, 166D.2, 166D.10, 202C.1, 202C.2

163.31  Falsification of certificates — penalty.  Repealed by 
2001 Acts, ch 136, §10
.  

     
163.32  Exhibitions.
  1.  As used in this section, “exhibition” means an exhibit, demonstration, show, or competition involving swine which occurs as follows:
  a.  As part of an event on the Iowa state fairgrounds under the control of the Iowa state fair authority under chapter 173.
  b.  A fair event under the control of a fair under chapter 174.
  c.  An event classified as an exhibition by rules adopted by the department.
  2.  This section applies to a swine which is moved from a premises to the location where an exhibition occurs.
  3.  The sponsor of an exhibition must retain a veterinarian licensed pursuant to chapter 169 to supervise the health of swine moved to the location of the exhibition. The sponsor of the exhibition shall submit an exhibition report to the department on a form and according to procedures required by the department. The exhibition report must contain information required by the department which must at least include all of the following:
  a.  The name of the exhibition and the address of its location.
  b.  The name and address of the veterinarian.
  c.  The date that the exhibition occurred.
  d.  The name and address of the owner of the swine.
  e.  The address of the premises from which the swine was moved to the exhibition. The exhibition report must also include the address of the premises to which the swine was moved after the exhibition if such premises is a different premises.
2011 Acts, ch 84, §2, 5
Referred to in §166D.2

  
     
163.33  Feral swine.
  1.  “Feral swine” means any swine running at large.
  2.  A person shall not knowingly release swine to become 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.
2020 Acts, ch 1036, §10, 16
SUBCHAPTER IV
IDENTIFICATION OF SWINE

CONSIGNED FOR SLAUGHTER

     
163.34  Purpose.
  The purpose of this subchapter is to establish a positive means of identifying all boars, sows and stags purchased for slaughter on their arrival at the first point of concentration after such sale. The purpose of such swine identification program is to facilitate eradication of swine diseases.
[C77, §172A.15; C79, 81, §163.34]
2001 Acts, ch 136, §9

     
163.35  Definitions.
  1.  “Livestock dealer, livestock market operator, or stockyard operator” means any person engaged in the business of buying for resale, or selling, or exchanging swine as a principal or agent, or one who claims to be so engaged, but does not include the owner or operator of a farm who does not claim to be so engaged, and who sells or exchanges only those swine which have been kept by that person solely for feeding or breeding purposes.
  2.  “Person” means a person as defined in section 4.1, subsection 20.
  3.  “Slaughtering establishment” means any person engaged in the business of slaughtering live animals or receiving or buying live animals for slaughter.
  4.  “Stag” means a male swine that has formerly been used for breeding purposes but that has subsequently been castrated.
[C77, §172A.16; C79, 81, §163.35]
86 Acts, ch 1245, §613

     
163.36  Identification required.
  1.  All boars, sows and stags received for sale or shipment to slaughter by a livestock dealer, livestock market operator or stockyard operator shall be identified at the first point of concentration by such dealer or operator by application of a slap tattoo or other identification approved by the department.
  2.  All boars, sows and stags consigned directly from a farm to a slaughtering establishment shall be identified at the first point of concentration by the consignee.
[C77, §172A.17; C79, 81, §163.36]
Referred to in §163.37

     
163.37  Form of identification required.
  1.  The slap tattoo or other means of identification required by section 163.36 shall be in accordance with regulations of the department.
  2.  Each person required by section 163.36 to identify animals shall record such identification on forms specified and furnished by the department. The identification shall include the tattoo specifications, the date of application, and the name, address and county of residence of the person who owned or controlled the herd from which the animals originated.
  3.  Such records shall be maintained for a length of time as required by and pursuant to chapter 305 and at the point of concentration and shall be made available for inspection by the department at reasonable times.
[C77, §172A.18; C79, 81, §163.37]
2003 Acts, ch 92, §2
163.38 and 163.39Reserved.
SUBCHAPTER V
BREEDING BULLS

     
163.40  Definitions.
  As used in this subchapter:
  1.  “Breeding bull” means a male animal of dairy or beef bovine genus used for breeding purposes.
  2.  “Lease” when used as a verb means to physically deliver a breeding bull pursuant to a lease agreement.
  3.  “Licensee” means a person required to obtain a license pursuant to section 163.41.
[C79, 81, §163.40]
2000 Acts, ch 1049, §1; 2001 Acts, ch 136, §9

  
     
163.41  License required.
  1.  A person shall not engage in the business of leasing a breeding bull without having obtained a license issued by the department and registering each breeding bull with the department as provided in section 163.42. The license may be obtained upon completing an application for approval by the department. The license fee is twenty dollars. The license shall expire on the first day of the second July following the date of issue.
  2.  An application for a license shall be made on a form provided by the department and shall contain the name of the person engaged in the business of leasing breeding bulls as lessor, the address of such business, the registration number of each breeding bull, and a description as to breed, color and other distinguishing marks, leased as lessor, and such other information as the secretary of agriculture may specify by rule adopted pursuant to chapter 17A.
  3.  For the purposes of this section, a person is engaged in the business of leasing a breeding bull within this state as lessor if the person leases any breeding bull to an Iowa resident more than once in any calendar year for a fee.
[C79, 81, §163.41]
2001 Acts, ch 136, §9; 2017 Acts, ch 159, §20, 56
Referred to in §163.40

     
163.42  Registration of breeding bulls.
  The department shall issue to each licensee a tag or an identifying mark if the lessor desires this method of identification, for each breeding bull to be leased by the licensee. Each tag or identifying mark shall have an identification number which shall be a permanent identification number for such breeding bull and, upon disposition of such animal, the licensee shall notify the department of such disposition and the name and address of the buyer if such animal is sold. When an additional breeding bull to be leased is acquired by a licensee, the department shall issue a tag or approve an identifying mark for such animal without fee. The tag or identifying mark shall be permanently attached to the breeding bull.
[C79, 81, §163.42]
Referred to in §163.41, 163.43

     
163.43  Certificate required.
  1.  A person shall not be a party to a lease of a breeding bull within this state in which the lessor is a licensee, unless the breeding bull is accompanied by a certificate of veterinary inspection. For the purposes of this section, a breeding bull is leased within this state if it is leased to an Iowa resident.
  2.  The certificate of veterinary inspection shall be issued by a licensed veterinarian who examines the breeding bull and signs the certificate. The certificate shall include all of the following:
  a.  A statement that, to the best of the knowledge and belief of the veterinarian, the breeding bull is apparently free from an infectious or contagious disease.
  b.  A statement that the breeding bull has reacted negatively to a test for brucellosis conducted within six months prior to the date that the veterinarian signs the certificate.
  c.  If the breeding bull does not originate from this state, a statement providing that importing the breeding bull satisfies applicable importation requirements.
  d.  The identification number of the breeding bull as required pursuant to section 163.42.
  e.  The date that the certificate was issued.
  3.  The certificate of veterinary inspection shall not be valid after the term of the lease expires or after the breeding bull moves from the lessee’s premises. Thereafter, a new certificate must be issued as required in this section.
  4.  One copy of the certificate of veterinary inspection shall be issued to the licensee who shall maintain the certificate as part of the licensee’s business records. One copy of the certificate shall be issued to the lessee when the breeding bull is delivered to the lessee. A licensee shall show the certificate upon request to any person designated by the department to enforce the provisions of this section.
[C79, 81, §163.43]
2000 Acts, ch 1049, §2; 2004 Acts, ch 1163, §13

     
163.44  Records of breeding bull.
  The licensee shall maintain records of each lease of a breeding bull. The records shall contain the name and address of the person to whom a breeding bull is leased, the date of each lease, and a description and the identification number of the breeding bull involved. A lessee or any agent of the department shall have the right to inspect, upon demand to the licensee, those records concerning the bull presently being leased by the lessee.
[C79, 81, §163.44]

  
     
163.45  Denial, revocation, or suspension of a license.
  The department of agriculture and land stewardship may refuse to issue or renew and may suspend or revoke a license issued under this subchapter for any violation of the provisions of this subchapter or rules adopted relating to the leasing of a breeding bull.
[C79, 81, §163.45]
2001 Acts, ch 136, §9

     
163.46  Sale of semen.
  The owner of a breeding bull located within this state shall not sell the semen from that bull for the purpose of artificial insemination unless the owner is in possession of a certificate of veterinary inspection signed and issued by a licensed veterinarian within six months before the date the semen is collected. The certificate shall not be valid if the bull is moved to other premises between the date of examination and the date of collection. The certificate shall show that on the date of issue the breeding bull had been tested negative for brucellosis and, to the best knowledge and belief of the examining veterinarian, was free from any infectious or contagious disease.
[C79, 81, §163.46]
2000 Acts, ch 1049, §3; 2004 Acts, ch 1163, §14

     
163.47  Exemptions.
  The provisions of this subchapter shall not apply to 4-H or future farmers of America organizations engaged in breeding programs.
[C79, 81, §163.47]
95 Acts, ch 67, §13; 2001 Acts, ch 136, §9
163.48 through 163.50Reserved.
SUBCHAPTER VI
FOOT AND MOUTH DISEASE

  
     
163.51  Security measures.
  1.  The department may establish security measures in order to control outbreaks of foot and mouth disease in this state, including by providing for the prevention, suppression, and eradication of foot and mouth disease. In administering and enforcing this section, the department may adopt rules and shall issue orders in a manner consistent with sound veterinary principles and federal law for the control of outbreaks of the disease. The department may implement the security measures by doing any of the following:
  a.  If the department determines that an animal is infected with or exposed to foot and mouth disease, or the department suspects that an animal is so infected or exposed, the department may provide for all of the following:
  (1)  The quarantine, condemnation, or destruction of the animal. The department may establish quarantined areas and regulate activities in the quarantined areas, including movement or relocation of animals or other property within, into, or from the quarantined areas. This section does not authorize the department to provide for the destruction of personal property other than an animal.
  (2)  The inspection or examination of the animal’s premises in order to perform an examination or test to determine whether the animal is or was infected or exposed or whether the premises is contaminated. The department may take a blood or tissue sample of any animal on the premises.
  (3)  The compelling of a person who is the owner or custodian of the animal to provide information regarding the movement or relocation of the animal or the vaccination status of the animal or the herd where the animal originates. The department may issue a subpoena for relevant testimony or records as defined in section 523C.1. In the case of a failure or refusal of the person to provide testimony or records, the district court upon application of the department or the attorney general acting upon behalf of the department, may order the person to show cause why the person should not be held in contempt. The court may order the person to provide testimony or produce the record or be punished for contempt as if the person refused to testify before the court or disobeyed a subpoena issued by the court.
  b.  The department may provide for the cleaning and disinfection of real or personal property if the department determines that the property is contaminated with foot and mouth disease or suspects that the property is contaminated with foot and mouth disease.
  2.  a.  If the department determines that there is a suspected outbreak of foot and mouth disease in this state, the department shall immediately notify all of the following:
  (1)  The governor or a designee of the governor. The notification shall contain information regarding actions being implemented or recommended in order to determine if the outbreak is genuine and measures to control a genuine outbreak.
  (2)  The administrative unit of the United States department of agriculture responsible for controlling outbreaks in this state.
  b.  If the department confirms an outbreak of foot and mouth disease in this state, the department shall cooperate with the governor; federal agencies, including the United States department of agriculture; and state agencies, including the department of homeland security and emergency management, in order to provide the public with timely and accurate information regarding the outbreak. The department shall cooperate with organizations representing agricultural producers in order to provide all necessary information to agricultural producers required to control the outbreak.
  3.  The department shall cooperate with federal agencies, including the United States department of agriculture, other state agencies and law enforcement entities, and agencies of other states. Other state agencies and law enforcement entities shall assist the department.
  4.  a.  To the extent that an animal’s owner would not otherwise be compensated, section 163.15 shall apply to the owner’s loss of any animal destroyed under this section.
  b.  Upon the request of the executive council, the department shall develop and submit a plan to the executive council that compensates an owner for property, other than an animal, that is inadvertently destroyed by the department as a result of the department’s regulation of activities in a quarantined area. The plan shall not be implemented without the approval of at least three members of the executive council. The payment of the compensation under the plan shall be made in the same manner as provided in section 163.15. The owner may submit a claim for compensation prior to the plan’s implementation. The executive council may apply the plan retroactively, but not earlier than June 1, 2001.
  5.  Nothing in this section limits the department’s authority to regulate animals or premises under other provisions of state law, including this chapter.
2001 Acts, ch 170, §2, 3; 2002 Acts, ch 1119, §22; 2003 Acts, ch 179, §157; 2013 Acts, ch 29, §48; 2020 Acts, ch 1063, §67
163.52 through 163.60Reserved.
SUBCHAPTER VII
PENALTIES — INJUNCTIVE RELIEF

  
     
163.61  Civil penalties.
  1.  The department shall establish, by rule, civil penalties which may be administratively or judicially assessed. The attorney general shall cooperate with the department in the assessment and collection of civil penalties.
  2.  Except as provided in subsection 3, a person violating a provision of this chapter, or a rule adopted pursuant to this chapter, shall be subject to a civil penalty of at least one hundred dollars but not more than one 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 twenty-five thousand dollars.
  3.  Notwithstanding the provisions of subsection 2, all of the following apply:
  a.  A person who falsifies a certificate of vaccination or certificate of veterinary inspection shall be subject to a civil penalty of not more than five thousand dollars for each reference to an animal falsified on the certificate. However, a person who falsifies a certificate issued pursuant to chapter 166D shall be subject to a civil penalty as provided in this section or section 166D.16, but not both. A person shall not be subject to a civil penalty totaling more than twenty-five thousand dollars for falsifying a certificate, regardless of the number of animals falsified on the certificate.
  b.  A person required to be licensed as a dealer pursuant to section 163.30 and who is not issued a license by the department pursuant to that section, but does business as a dealer, shall be subject to a civil penalty of at least one thousand dollars but not more than five thousand dollars. Each day that the person does business as a dealer without being issued a license constitutes a separate offense. A person shall not be subject to a civil penalty totaling more than twenty-five thousand dollars during any one year.
  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.
  4.  Moneys collected from civil penalties shall be deposited into the general fund of the state.
2001 Acts, ch 136, §7; 2004 Acts, ch 1095, §1, 6; 2004 Acts, ch 1163, §15; 2012 Acts, ch 1095, §25; 2020 Acts, ch 1036, §11, 16

     
163.62  Injunctive relief.
  The department or the attorney general acting on behalf of the department may apply to the district court for injunctive relief in order to restrain a person from acting in violation of this chapter. In order to obtain injunctive relief, the department shall not be required to post a bond or prove the absence of an adequate remedy at law unless the court for good cause otherwise orders. The court may order any form of prohibitory or mandatory relief that is appropriate under principles of equity, including but not limited to issuing a temporary or permanent restraining order.
2001 Acts, ch 136, §8
Referred to in §165B.4