Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009

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39 8 district shall be applicable to the organization, financing

39 9 and operation of districts organized under this chapter.

39 10 c. "Drainage district" shall be considered to include



39 11 districts having as their purpose soil conservancy or flood

39 12 control or any combination thereof.

39 13 Sec. 70. Section 162.2, subsection 16, Code 2009, is

39 14 amended to read as follows:

39 15 16. "Research facility" means any school or college of

39 16 medicine, veterinary medicine, pharmacy, dentistry, or

39 17 osteopathy osteopathic medicine, or hospital, diagnostic or

39 18 research laboratories, or other educational or scientific

39 19 establishment situated in this state concerned with the

39 20 investigation of, or instruction concerning the structure or

39 21 function of living organisms, the cause, prevention, control

39 22 or cure of diseases or abnormal conditions of human beings or

39 23 animals.

39 24 Sec. 71. Section 166D.10, Code 2009, is amended to read as

39 25 follows:

39 26 166D.10 MOVEMENT OF SWINE.

39 27 1. A Except as otherwise provided in this section, a

39 28 person shall not sell, lease, exhibit, loan, move, or relocate

39 29 swine within the state unless the swine are accompanied by a

39 30 certificate of inspection in the same manner as provided for a

39 31 certificate of veterinary inspection as provided in section

39 32 163.30. The department may combine the certificate of

39 33 inspection with a certificate of veterinary inspection.

39 34 2. A certificate of inspection is not required if any of

39 35 the following apply:


Senate File 449 - Introduced continued
40 1 a. The swine are moved to slaughter.

40 2 b. The swine are relocated, if and all of the following

40 3 apply:

40 4 (1) A transportation certificate accompanies the relocated

40 5 swine.

40 6 (2) The swine's owner maintains information regarding the

40 7 relocation in relocation records. The department may adopt

40 8 rules excusing a person from maintaining relocation records,

40 9 if the department determines that the purposes of the chapter

40 10 as provided in section 166D.1 are not furthered by the

40 11 requirement.

40 12 (3) A certificate of inspection, or a certificate of

40 13 veterinary inspection as provided in section 163.30, has been

40 14 issued for the swine within thirty days prior to the date of

40 15 relocation. The department may adopt rules excusing a person

40 16 from complying with this subparagraph if the department

40 17 determines that the purposes of the chapter as provided in

40 18 section 166D.1 are not furthered by the requirement.

40 19 (4) The swine have a current negative pseudorabies status.

40 20 The department shall adopt rules required to administer


40 21 this paragraph "b". A transportation certificate accompanying

40 22 relocated swine shall cite the relevant relocation record and

40 23 certificate of inspection, or certificate of veterinary

40 24 inspection. The department may provide for the examination of

40 25 the relocation records on the owner's premises during normal

40 26 business hours, or may require that reports containing

40 27 relevant information contained in relocation records and

40 28 certificates of inspection, or certificates of veterinary

40 29 inspection, be periodically submitted to the department. For

40 30 purposes of this section, swine production information

40 31 contained in relocation records is a trade secret as provided

40 32 in section 22.7, unless otherwise provided by rules adopted by

40 33 the department. The department shall provide for the

40 34 disclosure of confidential information only to the extent

40 35 required for enforcement of this chapter, the detection and

Senate File 449 - Introduced continued

41 1 prosecution of public offenses, or to comply with a subpoena

41 2 or court order.

41 3 c. A person transfers ownership of all or part of a herd,

41 4 if the herd remains on the same premises. However, the herd

41 5 must be tested by statistical sampling. If any part of the

41 6 herd is subsequently moved or relocated, the swine must be

41 7 moved or relocated in accordance with this section and

41 8 sections 166D.7, 166D.8, and 166D.10A.

41 9 3. A transportation certificate accompanying swine which



41 10 are relocated as provided in subsection 2, paragraph "b",

41 11 shall cite the relevant relocation record and certificate of

41 12 inspection, or certificate of veterinary inspection. The

41 13 department may provide for the examination of the relocation

41 14 records on the owner's premises during normal business hours,

41 15 or may require that reports containing relevant information

41 16 contained in relocation records and certificates of

41 17 inspection, or certificates of veterinary inspection, be

41 18 periodically submitted to the department. For purposes of


41 19 this section, swine production information contained in

41 20 relocation records is a trade secret as provided in section

41 21 22.7, unless otherwise provided by rules adopted by the

41 22 department. The department shall provide for the disclosure

41 23 of confidential information only to the extent required for

41 24 enforcement of this chapter, the detection and prosecution of

41 25 public offenses, or to comply with a subpoena or court order.

41 26 The department shall adopt rules required to administer

41 27 subsection 2, paragraph "b", and this subsection.

41 28 2. 4. a. Swine Except as provided in paragraph "b",


41 29 swine that are moved shall be individually identified as

41 30 provided in section 163.30, which may include requirements for

41 31 affixing ear tags to swine.

41 32 b. (1) However, native Native Iowa feeder pigs moved from

41 33 farm to farm within the state shall be exempted from the

41 34 identification requirements of this subsection if the owner

41 35 transferring possession of the feeder pigs executes a written

Senate File 449 - Introduced continued
42 1 agreement with the person taking possession of the feeder

42 2 pigs.

42 3 (a) The agreement shall provide that the feeder pigs shall

42 4 not be commingled with other swine for a period of thirty

42 5 days.

42 6 (b) The owner transferring possession shall be responsible

42 7 for making certain that the agreement is executed and for

42 8 providing a copy of the agreement to the person taking

42 9 possession.

42 10 (2) Native Iowa feeder pigs that are moved shall be



42 11 accompanied by a certificate of inspection, or a certificate

42 12 of veterinary inspection as provided in section 163.30, unless

42 13 swine are otherwise exempted from this requirement by this

42 14 section.

42 15 (3) As used in this subsection paragraph "b", "farm to

42 16 farm within the state" does not include the movement or

42 17 relocation of native Iowa feeder pigs to the possession of a

42 18 dealer licensed pursuant to section 163.30. Native Iowa

42 19 feeder pigs that are moved shall be accompanied by a

42 20 certificate of inspection, or a certificate of veterinary

42 21 inspection as provided in section 163.30, unless swine are

42 22 otherwise exempted from this requirement by this section.

42 23 3. 5. Swine from a herd located within this state must be

42 24 moved or relocated in compliance with this section. If the

42 25 swine is moved or relocated from a herd located within a

42 26 county which is designated by the department as in stage II of

42 27 the national pseudorabies eradication program, the swine shall

42 28 not be moved or relocated unless in compliance with section

42 29 166D.11. Regardless of whether the swine is from a herd

42 30 located in a stage II county, the following shall govern the

42 31 movement or relocation of swine within this state:

42 32 a. For swine from a noninfected herd, a person shall not

42 33 move swine for breeding purposes, unless one of the following

42 34 applies:

42 35 (1) The swine is moved from a qualified negative herd or


Senate File 449 - Introduced continued

43 1 qualified differentiable negative herd.

43 2 (2) The swine reacts negatively to a differentiable test

43 3 within thirty days prior to moving the swine.

43 4 b. For swine which is exposed, a person shall not move or

43 5 relocate the swine, unless one of the following applies:

43 6 (1) The swine reacts negatively to a differentiable test

43 7 within thirty days prior to moving or relocating the swine.

43 8 (2) The swine moves by restricted movement to either a

43 9 fixed concentration point or slaughtering establishment.

43 10 c. For swine from a herd of unknown status, a person shall

43 11 not move or relocate the swine, unless one of the following

43 12 applies:

43 13 (1) The swine reacts negatively to a differentiable test

43 14 within thirty days prior to moving or relocating the swine.

43 15 (2) The swine moves by restricted movement to either a

43 16 fixed concentration point or slaughtering establishment.

43 17 However, the swine is not required to move by restricted

43 18 movement if the swine is moved from a fixed concentration

43 19 point directly to another fixed concentration point or to a

43 20 slaughtering establishment.

43 21 d. For swine which is from an infected herd, a person

43 22 shall not move or relocate the swine, unless one of the

43 23 following applies:

43 24 (1) If the swine is part of a cleanup plan, the following

43 25 shall apply:

43 26 (a) For swine, other than feeder pigs or cull swine, which

43 27 are part of a herd subject to a cleanup plan, a person shall

43 28 only move swine by restricted movement to either a fixed

43 29 concentration point or slaughtering establishment. A person

43 30 shall not relocate the swine.

43 31 (b) For a feeder pig or cull swine which is part of a herd

43 32 subject to a herd cleanup plan, a person shall only move the

43 33 feeder pig or cull swine by restricted movement to either a

43 34 fixed concentration point or slaughtering establishment or

43 35 relocate the feeder pig or cull swine by restricted movement
Senate File 449 - Introduced continued
44 1 to an approved premises. For a feeder pig or cull swine which

44 2 is part of a feeder pig cooperator herd cleanup plan, a person

44 3 shall only move the feeder pig or cull swine by restricted

44 4 movement to either a fixed concentration point or slaughtering

44 5 establishment or move or relocate the feeder pig or cull swine

44 6 by restricted movement to an approved premises. However, a

44 7 person shall not move or relocate a feeder pig or cull swine

44 8 to an approved premises, unless the approved premises is

44 9 identified in a cleanup plan as provided in section 166D.8, or

44 10 the department approves the move or relocation to another

44 11 approved premises. A person shall not move or relocate a cull

44 12 swine to an approved premises, unless the cull swine reacts

44 13 negatively to a test and is vaccinated with a differentiable

44 14 vaccine. The test and vaccine must be administered within

44 15 thirty days prior to the movement or relocation to the

44 16 approved premises. A noninfected feeder pig is not required

44 17 to be tested or vaccinated prior to movement or relocation to

44 18 an approved premises, if the feeder pig is vaccinated upon

44 19 arrival at the approved premises.

44 20 (c) For swine from a herd kept on an approved premises, a

44 21 person shall only move or relocate the swine by restricted

44 22 movement as provided in the cleanup plan governing the herd

44 23 and terms and conditions of the certification required for the

44 24 approved premises as provided in section 166D.10B.

44 25 (2) If the swine is not part of a herd that is subject to

44 26 a cleanup plan because the herd is quarantined, a person shall

44 27 only move the swine by restricted movement to either a fixed

44 28 concentration point or slaughtering establishment.

44 29 4. 6. Swine from a herd located outside this state must

44 30 be moved into and maintained in this state in compliance with

44 31 this section. A person shall not move swine into this state,

44 32 except as follows:

44 33 a. For swine from a herd, other than a noninfected herd,

44 34 the swine must be moved either to a fixed concentration point

44 35 or slaughtering establishment.
Senate File 449 - Introduced continued
45 1 b. For swine from a noninfected herd, the swine may be

45 2 moved to a concentration point or slaughtering establishment.

45 3 If the swine is not moved to a concentration point or

45 4 slaughtering establishment, the following shall apply:

45 5 (1) Unless the person moves the swine into a county

45 6 designated by the department as in stage II of the national

45 7 pseudorabies eradication program, the following shall apply:

45 8 (a) A person shall not move swine into this state for

45 9 breeding purposes, unless one of the following applies:

45 10 (i) The swine is moved from a qualified negative herd or

45 11 qualified differentiable negative herd.

45 12 (ii) The swine reacts negatively to a differentiable test,

45 13 within thirty days prior to moving the swine.

45 14 (b) A person shall not move a feeder swine which is moved

45 15 into this state, unless the feeder swine reacts negatively to

45 16 a differentiable test within thirty days prior to movement

45 17 from a herd in this state.

45 18 (2) If a person moves the swine into a county which is

45 19 designated by the department as in stage II of the national

45 20 pseudorabies eradication program, the following shall apply:

45 21 (a) Except as provided in this subparagraph, the owner of

45 22 swine shall vaccinate the swine with a modified=live

45 23 differentiable vaccine, prior to moving swine into the stage

45 24 II county. A person is not required to vaccinate swine prior

45 25 to moving swine into the stage II county if one of the

45 26 following applies:

45 27 (i) The swine is part of a herd that cannot be vaccinated

45 28 under the law of the state or country in which the herd is

45 29 kept immediately prior to being moved into the stage II

45 30 county.

45 31 (ii) The swine is an isowean feeder pig.

45 32 (iii) The swine is moved either to a fixed concentration

45 33 point or slaughtering establishment.

45 34 (b) For swine which are not vaccinated before being moved

45 35 into a stage II county as provided in this paragraph, the
Senate File 449 - Introduced continued
46 1 following shall apply:

46 2 (i) For swine other than swine moved into a herd within a

46 3 stage II county as an isowean feeder pig, the swine must be

46 4 immediately vaccinated with a differentiable vaccine, as

46 5 provided in section 166D.11. The swine shall be considered as

46 6 part of a herd of unknown status, until tested negative and

46 7 vaccinated.

46 8 (ii) For swine moved into a herd within a stage II county

46 9 as an isowean feeder pig, the swine moved into the herd must

46 10 be immediately vaccinated with a differentiable vaccine, as

46 11 provided in section 166D.11. The department may require that

46 12 the swine be revaccinated with a differentiable vaccine at a

46 13 later date. The swine shall be considered as part of a herd

46 14 of unknown status, until tested negative and vaccinated.

46 15 5. 7. A person shall not move a swine within this state,

46 16 other than to a fixed concentration point or slaughtering

46 17 establishment, if the swine is vaccinated with a vaccine other

46 18 than a differentiable vaccine approved by the department

46 19 pursuant to section 166D.14.

46 20 6. 8. Known infected swine moved through a fixed

46 21 concentration point shall only be moved by restricted movement

46 22 to a slaughtering establishment.

46 23 7. 9. Swine moved under this section to a slaughtering

46 24 establishment shall be for the exclusive purpose of

46 25 slaughtering the swine. Swine moved under this section to a

46 26 fixed concentration point shall be for the exclusive purpose

46 27 of immediately moving the swine to a slaughtering

46 28 establishment. Swine moved or relocated under this section to

46 29 an approved premises shall be for the exclusive purpose of

46 30 feeding the swine prior to movement or relocation to another

46 31 approved premises, or movement to either a fixed concentration

46 32 point or a slaughtering establishment.

46 33 Sec. 72. Section 169.5, Code 2009, is amended to read as

46 34 follows:

46 35 169.5 BOARD OF VETERINARY MEDICINE.

Senate File 449 - Introduced continued
47 1 1. a. The governor shall appoint, subject to confirmation

47 2 by the senate pursuant to section 2.32, a board of five

47 3 individuals, three of whom shall be licensed veterinarians and

47 4 two of whom shall not be licensed veterinarians, but shall be



47 5 knowledgeable in the area of animal husbandry and who shall

47 6 represent the general public. The representatives of the



47 7 general public shall not prepare, grade or otherwise

47 8 administer examinations to applicants for license to practice

47 9 veterinary medicine. The board shall be known as the Iowa

47 10 board of veterinary medicine.

47 11 b. Each licensed veterinarian board member shall be

47 12 actively engaged in veterinary medicine and shall have been so

47 13 engaged for a period of five years immediately preceding

47 14 appointment, the last two of which shall have been in Iowa.

47 15 The representatives of the general public shall be

47 16 knowledgeable in the area of animal husbandry. A member of


47 17 the board shall not be employed by or have any material or

47 18 financial interest in any wholesale or jobbing house dealing

47 19 in supplies, equipment, or instruments used or useful in the

47 20 practice of veterinary medicine.

47 21 A member of the board shall not be employed by or have any



47 22 material or financial interest in any wholesale or jobbing

47 23 house dealing in supplies, equipment or instruments used or

47 24 useful in the practice of veterinary medicine. The person

47 25 designated as the state veterinarian shall serve as secretary

47 26 of the board.

47 27 c. Professional associations or societies composed of

47 28 licensed veterinarians may recommend the names of potential

47 29 board members to the governor, but the governor is not bound

47 30 by the recommendations.

47 31 2. The members of the board shall be appointed for a term

47 32 of three years except the terms of the members of the initial

47 33 board shall be rotated in such a manner that at least one

47 34 member shall retire each year and a successor be appointed.

47 35 The term of each member shall commence and end as provided by

Senate File 449 - Introduced continued
48 1 section 69.19. Members shall serve no more than three terms

48 2 or nine years total, whichever is less. Any vacancy in the



48 3 membership of the board caused by death, resignation, removal,

48 4 or otherwise, shall be filled for the period of the unexpired

48 5 term in the same manner as original appointments.

48 6 3. Any vacancy in the membership of the board caused by



48 7 death, resignation, removal, or otherwise, shall be filled for

48 8 the period of the unexpired term in the same manner as

48 9 original appointments.

48 10 4. Members of the board shall, in addition to necessary



48 11 traveling and other expenses, set their own per diem

48 12 compensation at a rate not exceeding the per diem specified in

48 13 section 7E.6 for each day actually engaged in the discharge of

48 14 their duties including compensation for the time spent

48 15 traveling to and from the place of conducting the examination

48 16 and for a reasonable number of days for the preparation of


48 17 examination and the reading of papers, in addition to the time

48 18 actually spent in conducting examinations, within the limits

48 19 of funds appropriated to the board.

48 20 5. The department shall furnish the board with all



48 21 articles and supplies required for the public use and

48 22 necessary to enable the board to perform the duties imposed




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