Senate File 2311 AN ACT REVISING PROVISIONS AFFECTING THE ADMINISTRATION OF THE DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP, INCLUDING ASSOCIATED REGULATIONS AND LICENSING, AS IT RELATES TO BIOFUELS, WEATHER AND MARKET INFORMATION, INTERNET PUBLICATIONS, SOIL AND WATER CONSERVATION, FEED, VACCINATIONS, TUBERCULOSIS, BRUCELLOSIS, CLASSICAL SWINE FEVER, JOHNE’S DISEASE, TREATMENT FOR SHEEP, BRANDING, MANUFACTURED ARTICLES, GRAIN, PESTICIDES, COAL MINING, AND WEIGHTS AND MEASURES, MAKING PENALTIES APPLICABLE, AND INCLUDING APPLICABILITY PROVISIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: DIVISION I GENERAL Section 1. Section 159.2, subsection 1, Code 2011, is amended to read as follows: 1. To encourage, promote, and advance the interests of agriculture, including horticulture, livestock industry,

Senate File 2311, p. 2 dairying, cheese making, poultry raising, biofuels, beekeeping, production of wool, production of domesticated fur-bearing animals, and other kindred and allied industries. Sec. 2. Section 159.5, subsection 4, Code 2011, is amended to read as follows: 4. Maintain a weather division bureau which shall, in cooperation with the national weather service, collect and disseminate weather and phenological statistics and meteorological data, and promote knowledge of meteorology, phenology, and climatology of the state. The division bureau shall be headed by the state climatologist who shall be appointed by the secretary of agriculture, and shall be an officer of the national weather service, if one is detailed for that purpose by the federal government. Sec. 3. Section 159.5, subsection 5, Code 2011, is amended by striking the subsection. Sec. 4. Section 159.5, subsection 7, Code 2011, is amended to read as follows: 7. Maintain a division of agricultural statistics, which shall, in cooperation Cooperate with the United States department of agriculture statistical reporting service, to gather, compile, and publish statistical information concerning the condition and progress of crops, the production of crops, livestock, livestock products, poultry, and other such related agricultural statistics, as will generally promote knowledge of the agricultural industry in the state of Iowa. The statistics, when published, constitute official agricultural statistics for the state of Iowa. The division is in the charge of an administrator, who shall be appointed by the secretary of agriculture and who shall be an officer of the United States department of agriculture statistical reporting service, if one is detailed for that purpose by the federal government. Sec. 5. Section 159.5, subsection 8, Code 2011, is amended to read as follows: 8. Establish and maintain a marketing news service division bureau in the department which shall, in cooperation with the federal market news and grading division of the United States department of agriculture, collect and disseminate data and information relative to the market prices and conditions of agricultural products raised, produced, and handled in the state. The division is in the charge of an administrator, who shall be appointed by the secretary of agriculture and shall be

Senate File 2311, p. 3 an officer of the federal market news and grading division of the United States department of agriculture, if one is detailed for that purpose by the federal government. Sec. 6. Section 159.9, Code 2011, is amended to read as follows: 159.9 Publication and distribution of rules Internet access to statutes and rules . A sufficient number of pamphlets setting forth the The statutes relating to and rules of adopted by the department shall be published from time to time to supply the various needs for the same and shall be furnished to any resident of the state upon request shall be made available on the internet . Sec. 7. REPEAL. Section 159.14, Code 2011, is repealed. DIVISION II SOIL AND WATER CONSERVATION Sec. 8. Section 159.8, Code 2011, is amended to read as follows: 159.8 Comprehensive management plan —— highly erodible acres. 1. The department shall request cooperation from the federal government, including the United States department of agriculture consolidated farm service agency and the United States department of agriculture natural resources conservation service, to investigate methods to preserve land which is highly erodible, as provided in the federal Food Security Act of 1985, 16 U.S.C. § 3801 et seq., for the purpose of developing with owners of the land a comprehensive management plan for the land. The plan may be based on the soil conservation plan of the natural resources conservation service and may include a farm unit conservation plan and a comprehensive agreement as provided in chapter 161A . The extension services at Iowa state university of science and technology shall cooperate with the department in developing the comprehensive plan. 2. The investigation shall include methods which help to preserve highly erodible land from row crop production through production of alternative commodities, and financial incentives. The department shall report to the governor and the general assembly not later than January 15, 1990, of the department’s progress in the investigation. The department shall report to the governor and the general assembly not later than January 15, 1991, on the department’s recommendation for programs necessary to preserve highly erodible land from injury or destruction.

Senate File 2311, p. 4 Sec. 9. Section 161A.7, subsection 3, Code 2011, is amended to read as follows: 3. The commissioners shall , as a condition for the receipt of any state cost-sharing funds for permanent soil conservation practices, shall require the owner of the land on which the practices are to be established to covenant and file, in the office of the soil and water conservation district of the county in which the land is located, an agreement identifying the particular lands upon which the practices for which state cost-sharing funds are to be received will be established, and providing that the project will not be removed, altered, or modified so as to lessen its effectiveness without the consent of the commissioners, obtained in advance and based on guidelines drawn up by the state soil conservation committee, for a period of not to exceed twenty years after the date of receiving payment. The commissioners shall assist the division in the enforcement of this subsection . The agreement does not create a lien on the land, but is a charge personally against the owner of the land at the time of removal, alteration, or modification if an administrative order is made under section 161A.61, subsection 3 . Sec. 10. Section 161A.12, Code 2011, is amended to read as follows: 161A.12 Statement to department of management. On or before October 1 next preceding each annual legislative session, the division department shall submit to the department of management, on official estimate blanks furnished for those purposes, statements and estimates of the expenditure requirements for each fiscal year, and a statement of the balance of funds, if any, available to the division, and the estimates of the division as to the sums needed for the administrative and other expenses of the division for the purposes of this chapter . Sec. 11. Section 161A.42, subsection 3, Code 2011, is amended by striking the subsection. Sec. 12. Section 161A.42, subsection 7, Code 2011, is amended to read as follows: 7. “Farm unit soil conservation plan” means a plan jointly developed by the owner and, if appropriate, the operator of a farm unit and the commissioners of the soil and water conservation district within which that farm unit is located, based on the conservation folder for that farm unit and identifying those permanent soil and water conservation

Senate File 2311, p. 5 practices and temporary soil and water conservation practices the use of which may be expected to prevent soil loss by erosion from that farm unit in excess of the applicable soil loss limit or limits. The plan shall if practicable identify alternative practices by which this objective may be attained. Sec. 13. Section 161A.61, subsection 2, unnumbered paragraph 1, Code 2011, is amended to read as follows: Beginning January 1, 1985, or five years after the completion of the conservation folder for a particular farm unit pursuant to this section , whichever date is later, the The commissioners of the soil and water conservation district in which that farm unit is located may petition the district court for an appropriate order with respect to that farm unit if its owner or occupant has been sent a notice by the commissioners under subsection 1 , paragraph “b” , for three or more consecutive years. The commissioners’ petition shall seek a court order which states a time not more than six months after the date of the order when the owner or occupant must commence, and a time when the owner or occupant must complete the steps necessary to comply with the order. The time allowed to complete the establishment of a temporary soil and water conservation practice employed to comply or advance toward compliance with the court’s order shall be not more than one year after the date of that order, and the time allowed to complete the establishment of a permanent soil and water conservation practice employed to comply with the court’s order shall be not more than five years after the date of that order. Section 161A.48 applies to a court order issued under this subsection . The steps required of the farm unit owner or operator by the court order are those which are necessary to do one of the following: Sec. 14. Section 161A.62, subsection 1, Code 2011, is amended by striking the subsection. Sec. 15. Section 161A.62, subsection 2, Code 2011, is amended to read as follows: 2. The commissioners of each soil and water conservation district shall complete preparation of a farm unit soil conservation plan for each farm unit within the district , not later than January 1, 1985, or five years after completion of the conservation folder for that farm unit, whichever date is later, or as soon thereafter as adequate funding is available to permit compliance with this requirement. a. Technical assistance in the development of the farm

Senate File 2311, p. 6 unit soil conservation plan may be provided by the United States department of agriculture natural resources conservation service through the memorandum of understanding with the district or by the department. The commissioners shall make every reasonable effort to consult with the owner and, if appropriate, with the operator of that farm unit, and to prepare the plan in a form which is acceptable to that person or those persons. b. The farm unit soil conservation plan shall be drawn up and completed without expense to the owner or operator of the farm unit, except that the owner or operator shall not be reimbursed for the value of the owner’s or occupant’s own time devoted to participation in the preparation of the plan. c. If the commissioners’ farm unit soil conservation plan is unacceptable to the owner or operator of the farm unit, that person or those persons may prepare an alternative farm unit soil conservation plan identifying permanent or temporary soil and water conservation practices which may be expected to achieve compliance with the soil loss limit or limits applicable to that farm unit, and submit that plan to the soil and water conservation district commissioners for their review. Sec. 16. Section 161A.63, Code 2011, is amended to read as follows: 161A.63 Right of purchaser of agricultural land to obtain information. A prospective purchaser of an interest in agricultural land located in this state is entitled to obtain from the seller, or from the office of the soil and water conservation district in which the land is located, a copy of the most recently updated conservation folder and of any farm unit soil conservation plan, developed pursuant to section 161A.62, subsection 2 , which are applicable to the agricultural land proposed to be purchased. A prospective purchaser of an interest in agricultural land located in this state is entitled to obtain additional copies of either or both of the documents referred to in this section from the office of the soil and water conservation district in which the land is located, promptly upon request, at a fee not to exceed the cost of reproducing them. All persons who identify themselves to the commissioners or staff of a soil and water conservation district as prospective purchasers of agricultural land in the district shall be given information, prepared in accordance with rules

Senate File 2311, p. 7 of the department, which clearly explains the provisions of section 161A.76 . Sec. 17. Section 161A.73, subsection 2, paragraph b, Code 2011, is amended to read as follows: b. The allocation of cost-share moneys as financial incentives to encourage summer construction of permanent soil and water conservation practices. The practices must be constructed on or after June 1 15 but not later than September October 15. The commissioners may also provide for the payment of moneys on a prorated basis to compensate persons for the production loss on an area disturbed by construction, according to rules which shall be adopted by the division. The commissioners shall not allocate cost-share moneys to support summer construction during a fiscal year in which applications for cost-share moneys required to establish permanent soil and water conservation practices, other than established by summer construction, equal the total amount available to support the nonsummer construction practices. The financial incentives shall not exceed sixty percent of the estimated cost of establishing the practice as determined by the commissioners, or sixty percent of the actual cost of establishing the practice, whichever is less. Sec. 18. Section 161A.76, subsection 1, Code 2011, is amended to read as follows: 1. It is the intent of this chapter that , effective January 1, 1981, each tract of agricultural land which has not been plowed or used for growing row crops at any time within the prior fifteen years prior to that date , shall for purposes of this section be considered classified as agricultural land under conservation cover. If a tract of land so classified is thereafter plowed or used for growing row crops, the commissioners of the soil and water conservation district in which the land is located shall not approve use of state cost-sharing funds for establishing permanent or temporary soil and water conservation practices on that tract of land in an amount greater than one-half the amount of cost-sharing funds which would be available for that land if it were not considered classified as agricultural land under conservation cover. The restriction imposed by this section applies even if an administrative order or court order has been issued requiring establishment of soil and water conservation practices on that land. The commissioners may waive the

Senate File 2311, p. 8 restriction imposed by this section if they determine in advance that the purpose of plowing or row cropping land classified as land under conservation cover is to revitalize permanent pasture and that the land will revert to permanent pasture within two years after it is plowed. DIVISION III ANIMAL HEALTH —— GENERAL Sec. 19. Section 163.7, Code 2011, is amended to read as follows: 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 federal 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 shall have the right to of agriculture and land stewardship may place an embargo on such locality, state, or territory. Sec. 20. Section 163.25, Code 2011, is amended to read as follows: 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 alter a 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. Sec. 21. Section 163.26, Code 2011, is amended to read as follows: 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 , and . “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, except or grain not consumed, that is collected from hog sales pen floors in public stockyards and fed under the control of the department of agriculture and land stewardship . Animals or parts of animals, which are processed by slaughterhouses or rendering establishments, and which as part of the processing

Senate File 2311, p. 9 are heated to not less than 212 degrees F. for thirty minutes, are not garbage for purposes of this chapter . Sec. 22. Section 163.27, Code 2011, is amended to read as follows: 163.27 Boiling garbage. 1. It shall be unlawful for any person, firm, partnership, or corporation to feed garbage Garbage shall not be fed to animals an animal unless such garbage has been heated to a temperature of two hundred twelve degrees Fahrenheit for thirty minutes, or other acceptable method, as provided by rules promulgated adopted by the department , provided . 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. It shall be unlawful for any 2. A person , firm, partnership, or corporation to shall not feed any public or commercial garbage to swine after September 1, 1970 . Sec. 23. Section 163.28, unnumbered paragraph 4, Code 2011, is amended to read as follows: The license fee for each processing plant shall be fifty dollars, except that the first license fee may be prorated on a monthly basis as prescribed by the department. The secretary shall not issue a license which would permit the processing of any garbage for swine feeding after September 1, 1970 . Sec. 24. Section 163.30, subsection 11, Code Supplement 2011, is amended to read as follows: 11. All Any swine found by a registered veterinarian to have any infectious or contagious disease after delivery to any 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 they the swine are sent to slaughter. This subsection shall in no way supersede the requirements of sections 163A.2 and 163A.3 . Sec. 25. Section 163.61, subsection 3, paragraph a, Code 2011, is amended to read as follows: 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,

Senate File 2311, p. 10 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. DIVISION IV ANIMAL HEALTH —— BOVINE TUBERCULOSIS Sec. 26. Section 165.1, Code 2011, is amended to read as follows: 165.1 Cooperation. The state department of agriculture and land stewardship is hereby authorized to cooperate with the federal United States department of agriculture for the purpose of eradicating tuberculosis from the dairy and beef breeds of cattle in the state. Sec. 27. Section 165.2, Code 2011, is amended to read as follows: 165.2 State as accredited area. 1. The state of Iowa is hereby declared to be and is hereby established as an accredited area for the eradication of bovine tuberculosis from the dairy and breeding cattle of the state. It shall be the duty of the department of agriculture and land stewardship to eradicate bovine tuberculosis in all of the counties of the state in the manner provided by law as it appears in this chapter . Said The department shall proceed with the examination, including the tuberculin test, of all such cattle as rapidly as practicable and as is consistent with efficient work, and as funds are available for paying the indemnities as provided by law. 2. An owner of dairy or breeding cattle in the state shall conform to and abide by the rules laid down adopted by the department and rules promulgated by the federal United States department of agriculture and . The owner shall follow their instructions of the department of agriculture and land stewardship and the United States department of agriculture designed to suppress the disease, prevent its spread, and avoid reinfection of the herd. Sec. 28. Section 165.3, Code 2011, is amended to read as follows: 165.3 Appraisal. Before being tested, such animals shall be appraised

Senate File 2311, p. 11 at their cash value for breeding, dairy, or beef purposes by the owner and a representative of the department, or a representative of the federal United States department of agriculture, or by the owner and both of such representatives. If these parties cannot agree as to the amount of the appraisal, there shall be appointed three competent and disinterested persons, one by the department, one by the owner, and the third by the first two appointed, to appraise such animals, which appraisal shall be final. Every appraisal shall be under oath or affirmation and the expense of the same shall be paid by the state, except as provided in this chapter . Sec. 29. Section 165.12, Code 2011, is amended to read as follows: 165.12 Tuberculosis-free herds. The department shall establish rules for determining when a herd of cattle, tested and maintained under the provisions of this chapter , the laws of the United States, and the rules of the state department of agriculture and land stewardship and regulations of the federal United States department of agriculture, shall be considered as tuberculosis-free. When any herd meets such requirements , the owner shall be entitled to a certificate from the department of agriculture and land stewardship showing that the herd is a tuberculosis-free accredited herd. Such certificate shall be revoked whenever the herd no longer meets the necessary requirements for an accredited herd, but the herd may be reinstated as an accredited herd upon subsequent compliance with such requirements. Sec. 30. Section 165.15, Code 2011, is amended to read as follows: 165.15 Accredited veterinarian. An accredited veterinarian is one who has successfully passed an examination set by the department and the federal United States department of agriculture and may make tuberculin tests of accredited herds of cattle under the uniform methods and rules governing accredited herd work which are approved by the United States department of agriculture. DIVISION V ANIMAL HEALTH —— BRUCELLOSIS CONTROL IN SWINE Sec. 31. Section 163A.6, Code 2011, is amended to read as follows: 163A.6 Exhibition swine.

Senate File 2311, p. 12 All Iowa Any breeding swine four months of age and over for exhibition within the this state of Iowa shall meet all requirements for exhibition purposes and shall also be accompanied by an official brucellosis test report showing the swine to have been negative to the brucellosis test conducted within sixty days of date of exhibition unless such swine are from validated brucellosis-free herds . Sec. 32. REPEAL. Sections 163A.2, 163A.3, 163A.4, and 163A.11, Code 2011, are repealed. DIVISION VI ANIMAL HEALTH —— CLASSICAL SWINE FEVER Sec. 33. Section 159.6, subsection 4, Code 2011, is amended to read as follows: 4. Hog-cholera Classical-swine-fever virus and classical-swine-fever serum, chapter 166 . Sec. 34. Section 163.2, subsection 5, Code Supplement 2011, is amended to read as follows: 5. “Infectious or contagious disease” means glanders, farcy, maladie du coit (dourine), anthrax, foot and mouth disease, scabies, hog cholera, 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. Sec. 35. Section 163.30, subsections 7 and 10, Code Supplement 2011, are amended to read as follows: 7. The department may require issuance of movement permits on certain categories of swine moved, prior to their movement, pursuant to departmental rule rules adopted by the department . The rule rules shall be promulgated adopted when in the judgment of the secretary, such movements movement would otherwise threaten or imperil the eradication of hog cholera classical swine fever in Iowa. 10. The use of anti-hog-cholera anti-classical-swine-fever serum or antibody concentrate shall be in accordance with rules issued adopted by the department. Sec. 36. Section 166.1, subsection 1, Code 2011, is amended to read as follows: 1. The words “biological “Biological products” shall include and be deemed to embrace only anti-hog-cholera anti-classical-swine-fever serum and viruses which are either virulent or nonvirulent, alive or dead.

Senate File 2311, p. 13 Sec. 37. Section 166.16, unnumbered paragraph 1, Code 2011, is amended to read as follows: No A person shall not sell, distribute, use, or offer to sell, distribute, or use virulent blood or virus from cholera-infected hogs classical-swine-fever-infected swine except for one or more of the following purposes: Sec. 38. Section 166.16, subsection 4, Code 2011, is amended to read as follows: 4. For the purpose of manufacturing any biological products or for the purpose of producing immune hogs swine to be used in the production of hog-cholera anti-classical-swine-fever serum. Sec. 39. Section 166.41, Code 2011, is amended to read as follows: 166.41 Hog-cholera Classical-swine-fever vaccine prohibited —— emergency. The sale or use of hog-cholera classical-swine-fever vaccine, except as provided in section 166.16 , is prohibited and it a person shall be unlawful to not use such products a product in the this state of Iowa, except that . However, in the case of an emergency as defined in section 166.42 , a special permit for the use of vaccines may be issued by the secretary. Sec. 40. Section 166.42, Code 2011, is amended to read as follows: 166.42 Biological products reserve —— use. 1. The secretary may establish a reserve supply of biological products of approved modified live virus hog-cholera classical-swine-fever vaccine and of anti-hog-cholera anti-classical-swine-fever serum or its equivalent in antibody concentrate to be used as directed by the secretary in the event of an emergency resulting from a hog-cholera classical-swine-fever outbreak. Vaccine and serum or antibody concentrate from the reserve supply, if used for such an emergency, shall be made available to swine producers at a price which will not result in a profit. Payment shall be made by the producer to the department and such vaccine shall be administered by a licensed practicing veterinarian. The secretary may cooperate with other states in the accumulation, maintenance and disbursement of such reserve supply of biological products. The secretary, with the advice and written consent of the state veterinarian, and the advice and written consent of the veterinarian-in-charge for Iowa of

Senate File 2311, p. 14 the animal and plant health inspection service —— veterinary services, United States department of agriculture, shall determine when an emergency resulting from a hog-cholera classical-swine-fever outbreak exists. 2. The secretary is authorized to sell or otherwise dispose of such classical-swine-fever vaccine and serum at such time as the state is declared a hog-cholera-free classical-swine-fever-free state by the United States department of agriculture, or if the potency of such vaccine and serum is in doubt. Money received under provisions of this section shall be paid into the state treasury. Sec. 41. Section 166B.1, Code 2011, is amended by adding the following new subsection: NEW SUBSECTION . 01. “Classical swine fever” means the contagious, infectious, and communicable disease of swine commonly known as hog cholera. Sec. 42. Section 166B.1, subsection 3, Code 2011, is amended by striking the subsection. Sec. 43. Section 166B.2, Code 2011, is amended to read as follows: 166B.2 General authority. The department may destroy or require the destruction of any swine which the state veterinarian knows to be, or suspects is, affected with or exposed to hog cholera classical swine fever , whenever the department finds such destruction to be necessary to prevent or reduce the danger of the spread of hog cholera classical swine fever . Disposal of condemned swine shall be under the supervision of a regulatory employee. Salvage of apparently healthy marketable swine is permissible as a minimum provision and may be discontinued in favor of total herd disposition with indemnification as necessary and without such salvage in any case or at any time when it is determined by the department and the United States department of agriculture that the procedure would constitute an undue threat to the eradication program. Before being condemned and ordered to be destroyed, a positive diagnosis of hog cholera classical swine fever affecting the herd must be confirmed by a state or federal laboratory or personnel approved by the department and the United States department of agriculture. Sec. 44. Section 166B.4, Code 2011, is amended to read as follows: 166B.4 Institution of indemnification. It is hereby recognized and declared that indemnification

Senate File 2311, p. 15 for destruction of swine infected with or exposed to hog cholera classical swine fever is an expression of the public policy of this state but employed only in the final stages of eradication of the disease, or as a means of preventing or minimizing its recurrence. The department of agriculture and land stewardship shall not therefore institute an initial program of indemnification pursuant to the chapter until it is mutually agreed between the state department of agriculture and land stewardship and the United States department of agriculture that such action is necessary in order to carry out the hog-cholera classical-swine-fever eradication program. Sec. 45. Section 166B.5, Code 2011, is amended to read as follows: 166B.5 Cooperation with United States. The department may cooperate with the United States, or any department, agency or officer thereof, in the control and eradication of hog cholera classical swine fever , including the sharing in payment of indemnities for swine destroyed. DIVISION VII ANIMAL HEALTH —— DAIRY CATTLE AFFECTED WITH JOHNE’S DISEASE Sec. 46. Section 165A.1, subsection 3, Code 2011, is amended to read as follows: 3. “Infected” means infected with paratuberculosis Johne’s disease as provided in section 165A.3 . Sec. 47. Section 165A.1, subsection 4, Code 2011, is amended by striking the subsection and inserting in lieu thereof the following: 4. “Johne’s disease” means a disease caused by the bacterium mycobacterium paratuberculosis, and which is also referred to as paratuberculosis disease. Sec. 48. Section 165A.3, Code 2011, is amended to read as follows: 165A.3 Determination of infection. The department shall adopt rules providing methods and procedures to determine whether cattle are infected, which may include detection and analysis of paratuberculosis Johne’s disease using techniques approved by the United States department of agriculture. Sec. 49. Section 165A.4, Code 2011, is amended to read as follows: 165A.4 Infected cattle. The owner of infected cattle shall mark the cattle by

Senate File 2311, p. 16 punching the letter “C” through the right ears of the cattle as required by the department. Cattle infected with Johne’s disease shall be accompanied by an owner-shipper statement. A person shall not sell infected cattle other than directly to a slaughtering establishment, or to a concentration point for sale directly to a slaughtering establishment, for immediate slaughter. Cattle marked with a letter “C” infected with Johne’s disease that are kept at a concentration point shall be kept separate and apart. DIVISION VIII ANIMAL HEALTH —— TREATMENT FOR SHEEP Sec. 50. Section 166A.1, Code 2011, is amended by adding the following new subsection: NEW SUBSECTION . 10. “Treatment” includes but is not limited to administering medication. Sec. 51. Section 166A.4, Code 2011, is amended to read as follows: 166A.4 Dipping Treatment . All breeding and feeding sheep offered for sale or exchange or otherwise moved or released from any premises, vehicle, or conveyance, shall, within ten days prior to exchange, release, or movement, be dipped treated in an approved dip manner under the supervision of the department or the animal and plant health inspection service of the United States department of agriculture. When sheep are moved within or from a certified scabies-free area in this state, the sheep must be accompanied by a certificate of veterinary inspection as provided in chapter 163 . The dipping treatment shall not be required prior to such movement. Sheep may be moved from a premises to an approved facility for the purpose of dipping treatment under such conditions as may be required by the rules of the department or the regulations of the animal and plant health inspection service of the United States department of agriculture. In addition, sheep are not required to be dipped treated if moved to a livestock auction market until after sale. Sheep are not required to be dipped treated if consigned directly for slaughter. Sec. 52. Section 166A.6, Code 2011, is amended to read as follows: 166A.6 Records kept. Market operators and dealers in sheep shall use satisfactory dipping facilities treatment, approved by the department and . Market operators and dealers shall maintain records which show

Senate File 2311, p. 17 the true origin of the sheep including name and address of the seller or consignor, number, date of receipt, date of dipping treatment , and including all certificates, permits, waybills, and bills of lading for each consignment of sheep consigned to and leaving the market or dealer’s premises. All records shall be retained for a period of one year and made available upon demand by a representative of the department. Sec. 53. Section 166A.7, Code 2011, is amended to read as follows: 166A.7 Slaughter without dipping treatment . Animals may be sold for slaughter without dipping treatment . Sheep when inspected at the market or dealer’s premises and found free of scabies or no known exposure thereto, may be sold for slaughter purposes without dipping treatment if consigned directly and immediately on a slaughter affidavit to a slaughtering establishment operating under federal, state or municipal meat inspection service. Such sheep shall be identified with the letter “K” in red branding paint at least four inches high on their back except those consigned to such slaughtering establishment by the original owner. Sec. 54. Section 166A.8, Code 2011, is amended to read as follows: 166A.8 Quarantine of infected sheep. 1. Sheep found to be infected with or exposed to scabies shall be immediately dipped treated , as directed by and under the supervision of the department, at owner’s expense. Such sheep shall remain under quarantine until released by the department, except that sheep infected with or exposed to scabies may be moved, without dipping treatment , directly to a slaughter establishment under federal inspection, under permit from the department. No sheep shall be moved into or within the state of Iowa for any purpose except as provided in this chapter and the regulations rules of the department, provided sheep may be moved without dipping treatment between properties owned or rented by the owner of said the sheep, if not moved from a noncertified scabies-free area to a certified scabies-free area. 2. Any person may sell or exchange sheep on the farm between November 1 and April 1 without dipping treatment if accompanied by a certificate from a licensed veterinarian that they the sheep are free from scabies issued within ten days prior to such sale or exchange until such time as the county is declared

Senate File 2311, p. 18 a scabies-free area. Sec. 55. Section 166A.10, Code 2011, is amended to read as follows: 166A.10 Restraint of movement. Sheep from noncertified scabies-free areas within this state shall not enter certified scabies-free areas unless they have been dipped treated in an approved dip manner under supervision within ten days preceding movement and satisfactory evidence of dipping treatment accompanies the shipment. However, such sheep may be moved into certified scabies-free areas if consigned directly to a stockyard market, auction market, or slaughter establishment, under federal inspection, provided the sheep are accompanied by a certificate of veterinary inspection stating number, description, consignor, and consignee. Sec. 56. Section 166A.11, subsection 1, paragraph b, Code 2011, is amended to read as follows: b. Dipped Treated in an approved dip manner within ten days prior to movement. Sec. 57. REPEAL. Section 166A.5, Code 2011, is repealed. DIVISION IX ANIMAL HEALTH —— CHRONIC WASTING DISEASE AFFECTING FARM DEER Sec. 58. Section 170.1, subsection 1, Code 2011, is amended to read as follows: 1. “Chronic wasting disease” means the animal disease afflicting deer , and elk , or moose that is a transmissible disease of the nervous system resulting in distinctive lesions in the brain and that belongs to the group of diseases that is known as transmissible spongiform encephalopathies (TSE). Sec. 59. Section 170.1, subsection 4, paragraph a, Code 2011, is amended to read as follows: a. “Farm deer” means an animal belonging to the cervidae family and classified as part of the dama species of the dama genus, commonly referred to as fallow deer; part of the elaphus species of the cervus genus, commonly referred to as red deer or elk; part of the virginianus species of the odocoileus genus, commonly referred to as whitetail; part of the hemionus species of the odocoileus genus, commonly referred to as mule deer; or part of the nippon species of the cervus genus, commonly referred to as sika ; or part of the alces species of the alces genus, commonly referred to as moose . DIVISION X ANIMAL INDUSTRY

Senate File 2311, p. 19 Sec. 60. Section 169A.11, Code 2011, is amended to read as follows: 169A.11 Publication of brands list. The secretary from time to time shall cause to be published in book form publish on the internet a list of all brands on record at the time of the publication. The secretary may supplement the lists from time to time. The publication shall contain a facsimile of all brands recorded and the owner’s name and post office address. The records shall be arranged in convenient form for reference. The secretary shall deliver one copy of the brand book and supplements to the sheriff of each county. The books and supplements shall be delivered without cost to the county. The books and supplements shall be public records as provided in chapter 22 . The secretary may sell the books and supplements to the general public at the cost of printing and mailing each book. Sec. 61. Section 172A.1, subsection 2, Code 2011, is amended to read as follows: 2. “Animals” or “livestock” includes cattle, calves, swine, or sheep , goats, turkeys, chickens, or horses . DIVISION XI AGRICULTURAL MARKETING —— GENERAL Sec. 62. Section 189.1, unnumbered paragraph 1, Code 2011, is amended to read as follows: For the purpose of this subtitle, excluding chapters 203 , 203C , 203D , 207 , and 208 , unless the context otherwise requires: Sec. 63. Section 189.1, subsections 1, 4, and 6, Code 2011, are amended to read as follows: 1. “Article” includes means food, commercial feed, agricultural seed, commercial fertilizer, drug, insecticide, fungicide, pesticide, and paint, linseed oil, turpentine, and illuminating oil, in the sense in which they are defined in the various provisions of this subtitle , excluding chapters 203 , 203C , 203D , 207 , and 208 . 4. “Package” or “container” , unless otherwise defined, includes wrapper, box, carton, case, basket, hamper, can, bottle, jar, tube, cask, vessel, tub, firkin, keg, jug, barrel, tank, tank car, and other receptacles of a like nature; and the expression “offered or exposed for sale or sold in package or wrapped form” means the offering or exposing for sale, or selling of an article which is contained in a package or