Bill Text: IA SF2413 | 2019-2020 | 88th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to agriculture and food, including the powers and duties of the department of agriculture and land stewardship, providing penalties, making penalties applicable, and including effective date provisions. (Formerly SF 2387, SSB 3172.) Effective date: 06/10/2020.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2020-06-10 - Signed by Governor. S.J. 764. [SF2413 Detail]

Download: Iowa-2019-SF2413-Amended.html
Senate File 2413 - Reprinted SENATE FILE 2413 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 2387) (SUCCESSOR TO SSB 3172) (As Amended and Passed by the Senate June 5, 2020 ) A BILL FOR An Act relating to agriculture and food, including the 1 powers and duties of the department of agriculture and 2 land stewardship, providing penalties, making penalties 3 applicable, and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 2413 (4) 88 da/ns
S.F. 2413 DIVISION I 1 ANIMAL HEALTH 2 Section 1. NEW SECTION . 163.2A Part —— definitions. 3 As used in this part, unless the context otherwise requires: 4 1. “Animal” means any livestock or agricultural animal as 5 defined in section 717A.1. 6 2. “Interested person” means the owner of an animal; a 7 person caring for the animal, if different from the owner of 8 the animal; or a person holding a perfected agricultural lien 9 or security interest in the animal under chapter 554. 10 Sec. 2. Section 163.3, Code 2020, is amended to read as 11 follows: 12 163.3 Veterinary and special assistants. 13 The secretary or the secretary’s designee may appoint one 14 or more veterinarians licensed pursuant to chapter 169 in each 15 county as assistant veterinarians. The secretary may also 16 appoint such one or more special assistants as may be necessary 17 in cases of emergency, including as provided in section 163.3A . 18 Sec. 3. Section 163.3A, subsection 1, Code 2020, is amended 19 to read as follows: 20 1. The department may provide veterinary emergency 21 preparedness and response services necessary to prevent or 22 control a serious threat to the public health, public safety, 23 or the state’s economy caused by the transmission of disease 24 among livestock as defined in section 717.1 or agricultural 25 animals as defined in section 717A.1 . The services may include 26 measures necessary to ensure that all such animals carrying 27 disease are properly identified, segregated, treated, or 28 destroyed as provided in this Code. 29 Sec. 4. Section 163.3C, subsection 1, Code 2020, is amended 30 by striking the subsection. 31 Sec. 5. Section 163.3C, subsection 2, unnumbered paragraph 32 1, Code 2020, is amended to read as follows: 33 The department shall develop and establish a foreign animal 34 disease preparedness and response strategy for use by the 35 -1- SF 2413 (4) 88 da/ns 1/ 12
S.F. 2413 department in order to prevent, control, or eradicate the 1 transmission of foreign animal diseases among populations 2 of livestock animals . The strategy may be part of the 3 department’s veterinary emergency preparedness and response 4 services as provided in section 163.3A . The strategy shall 5 provide additional expertise and resources to increase 6 biosecurity efforts that assist in the prevention of a foreign 7 animal disease outbreak in this state. In developing and 8 establishing the strategy, the department shall consult with 9 interested persons including but not limited to the following: 10 Sec. 6. Section 163.3C, subsection 3, Code 2020, is amended 11 to read as follows: 12 3. The department shall implement the foreign animal 13 disease preparedness and response strategy if necessary to 14 prevent, control, or eradicate the transmission and incidence 15 of foreign animal diseases that may threaten or actually 16 threaten livestock animals in this state. In implementing 17 the strategy, the department may utilize emergency response 18 measures as otherwise required under section 163.3A . The 19 department may but is not required to consult with interested 20 persons when implementing the strategy. 21 Sec. 7. NEW SECTION . 163.3D Emergency measures —— abandoned 22 animals —— authorization and seizure. 23 1. a. The department may seize one or more abandoned 24 animals pursuant to an authorization providing emergency 25 measures to prevent or control the transmission of an 26 infectious or contagious disease among any population or 27 species of animals. 28 b. The authorization must be any of the following: 29 (1) A declaration or proclamation issued by the governor 30 pursuant to chapter 29C, including as provided in section 31 163.3A. 32 (2) An order issued by the secretary or the secretary’s 33 designee pursuant to a provision in this subtitle. 34 (3) Any other provision of law in this subtitle that 35 -2- SF 2413 (4) 88 da/ns 2/ 12
S.F. 2413 requires the department to control the transmission of an 1 infectious or contagious disease among a population or species 2 of animals in this state. 3 c. If there is a conflict between a measure authorized to 4 be taken under paragraph “a” , that is less restrictive than the 5 standards or procedures provided in this section, the measures 6 authorized to be taken under paragraph “a” shall prevail. 7 2. The department may appoint veterinary assistants or 8 special assistants as provided in section 163.3 as required to 9 administer this section. 10 3. It is presumed that an abandoned animal belonging to a 11 species subject to emergency measures as provided in subsection 12 1 has been exposed to an infectious or contagious disease as 13 provided in the authorization. 14 4. As part of the seizure of an abandoned animal, the 15 department may take, impound, and retain custody of the animal, 16 including by maintaining the animal in a manner and at a 17 location determined by the department to be reasonable under 18 the emergency circumstances. The department may take action as 19 provided in this subtitle to ensure that all animals exposed to 20 an infectious or contagious disease are properly identified, 21 tested, segregated, treated, or destroyed as provided in this 22 subtitle. 23 5. a. The department may seize an animal if the department 24 has a reasonable suspicion the animal has been abandoned, 25 including by entering onto public or private property or into a 26 private motor vehicle, trailer, or semitrailer parked on public 27 or private property, as provided in this subsection. 28 b. The department may enter onto private property or into 29 a private motor vehicle, trailer, or semitrailer to seize an 30 abandoned animal if the department obtains a search warrant 31 issued by a court, or enters onto the premises in a manner 32 consistent with the laws of this state and the United States, 33 including Article I, section 8, of the Constitution of the 34 State of Iowa, or the fourth amendment to the Constitution of 35 -3- SF 2413 (4) 88 da/ns 3/ 12
S.F. 2413 the United States. 1 c. An abandoned animal shall only be seized by the 2 department pursuant to the following conditions: 3 (1) The department provides written notice of its 4 abandonment determination to all reasonably identifiable 5 interested persons. The department shall make a good-faith 6 effort to provide the notice to interested persons by regular 7 mail, hand delivery, telephone, electronic mail, or other 8 reasonable means. The notice shall include all of the 9 following: 10 (a) The name and address of the department. 11 (b) A description of the animal subject to seizure. 12 (c) The delivery date of the notice. 13 (d) A statement informing the interested person that the 14 animal may be seized pursuant to this chapter within one day 15 following the delivery date of the notice. The statement 16 must specify a date, time, and location for delivery of the 17 interested person’s response designated by the department, as 18 provided in this subsection. 19 (e) A statement informing the interested person that in 20 order to avoid seizure of the animal, the person must respond 21 to the notice in writing, stating that the animal has not been 22 abandoned and identifying what measures are being taken to care 23 for and manage the animal. 24 (2) Notwithstanding subparagraph (1), if the department 25 determines that it is not feasible to provide direct notice 26 of its abandonment determination to an interested person, 27 the department shall deliver a constructive notice of the 28 determination to that person by any reasonable manner, which 29 may include posting the notice at or near the place where 30 the animal is located. The department shall also post the 31 constructive notice on the department’s internet site. 32 d. The department may seize the animal if the department 33 fails to receive a written response by the interested person by 34 the end of normal office hours of the next day the department 35 -4- SF 2413 (4) 88 da/ns 4/ 12
S.F. 2413 is available to receive the response after written notice of 1 the department’s abandonment determination is delivered. 2 e. Upon a determination by the department that exigent 3 circumstances exist, the department may enter onto private 4 property without a warrant and may seize an abandoned animal, 5 in a manner consistent with the laws of this state and 6 the United States, including Article I, section 8, of the 7 Constitution of the State of Iowa, or the fourth amendment to 8 the Constitution of the United States. 9 6. If an animal is seized pursuant to this section, the 10 department shall post a notice in a conspicuous place at the 11 location where the animal was seized. The notice shall state 12 the animal has been seized by the department pursuant to this 13 section and at least briefly describe where and when the animal 14 was seized, the species and number of animals seized, and that 15 a dispositional proceeding is to be conducted pursuant to 16 section 163.3E. 17 Sec. 8. NEW SECTION . 163.3E Emergency measures —— abandoned 18 animals —— dispositional proceeding. 19 1. a. The department shall file a petition with the 20 district court for the disposition of an animal seized pursuant 21 to section 163.3D as soon as practicable. 22 b. The court shall notify the department and all interested 23 persons of the dispositional proceeding in a manner determined 24 reasonable by the court. The court shall hear the matter 25 within twenty-four hours from the time the department’s 26 petition is filed. The court may grant a continuance by a 27 motion of the department or upon petition by an interested 28 person. However, the interested person shall post a bond or 29 other security with the department in an amount determined by 30 the court, which shall not be more than the amount sufficient 31 to provide for the maintenance of the animal for the duration 32 of the continuance. 33 2. Upon a determination by the department that exigent 34 circumstances exist, the dispositional proceeding may be 35 -5- SF 2413 (4) 88 da/ns 5/ 12
S.F. 2413 conducted by an administrative law judge in the same manner 1 as an emergency adjudicative proceeding pursuant to section 2 17A.18A. The administrative law judge shall notify the 3 department and all interested persons of the dispositional 4 proceeding in a manner determined reasonable by the 5 administrative law judge given the circumstances in the case. 6 The procedures provided in this section may be supplemented 7 or modified by a declaration or proclamation issued by the 8 governor or an order issued by the secretary or the secretary’s 9 designee pursuant to section 163.3D. 10 3. a. A court or administrative law judge shall issue an 11 order for the disposition of the animal after making any of the 12 following determinations: 13 (1) That no interested person holds a legal interest in 14 the seized animal. In that case, the animal shall be deemed 15 abandoned and the order shall extinguish all prior legal 16 interests in the animal. The order shall grant an undivided 17 ownership interest in the animal free from any security 18 interest or other agricultural lien or encumbrance to the 19 department. 20 (2) That an interested person holds a legal interest in 21 the seized animal, and the department has reasonable suspicion 22 to believe that the animal has been exposed to an infectious 23 or contagious disease. In that case, the order shall provide 24 for the disposition of the animal in the same manner as if the 25 department had identified the animal as having been exposed to 26 the infectious or contagious disease under the authorization 27 provided in section 163.3D. 28 (3) That a person holds a legal interest in the seized 29 animal, and there is no reasonable suspicion that the seized 30 animal has been exposed to an infectious or contagious disease. 31 In that case, the order shall direct the department to transfer 32 custody of the animal to the interested person. In the event 33 the animal is returned to the interested person, the department 34 shall not be subject to any claim for damages caused by the 35 -6- SF 2413 (4) 88 da/ns 6/ 12
S.F. 2413 seizure if the department’s actions were taken pursuant to 1 the department’s emergency efforts to establish and maintain 2 quarantine in response to a disease outbreak, as set forth in 3 section 669.14, subsection 3. 4 b. A reasonable suspicion asserted by the department may 5 be based on any credible evidence that shows the animal’s 6 possible exposure to an infectious or contagious disease or the 7 animal was abandoned. This paragraph “b” does not require the 8 department to conduct a test of an animal to determine whether 9 an animal has been exposed. 10 c. If two or more interested parties may be transferred 11 custody of an animal by the department pursuant to paragraph 12 “a” , subparagraph (3), the court or administrative law judge 13 shall order the department to transfer the animal to the owner 14 or otherwise to the interested person best able to care for the 15 animal without prejudicing the rights of any other interested 16 person. However, in any cause of action brought by an 17 interested person contesting the order to transfer under this 18 subsection, the department shall not be included as a party. 19 4. a. In a dispositional proceeding conducted by a court or 20 administrative law judge under this section, or in a separate 21 cause of action brought by the department against an interested 22 person, the court or administrative law judge may award the 23 department all of the following: 24 (1) An amount necessary to reimburse the department for 25 expenses incurred in seizing and maintaining an abandoned 26 animal as well as any costs for the disposition of the 27 abandoned animal. 28 (2) Expenses related to the investigation and adjudication 29 of the case. 30 b. In a dispositional proceeding conducted by a court under 31 this section, or in a separate cause of action brought by the 32 department against an interested person, the court may award 33 the department court costs and reasonable attorney fees. 34 c. An award ordered under this subsection shall be paid 35 -7- SF 2413 (4) 88 da/ns 7/ 12
S.F. 2413 by an interested party who is transferred a seized animal by 1 the court or administrative law judge, or the owner of the 2 seized animal as determined by the court or administrative law 3 judge. The amount awarded the department shall be subtracted 4 from the proceeds, if any, received by the department from the 5 disposition of the animal. Any amount awarded by a court shall 6 be taxed as part of the costs of the cause of action. 7 d. If more than one interested person holds a legal interest 8 in the animal, the court or administrative law judge shall 9 calculate the respective contributions of the interested 10 persons based upon the percentage of legal interest in the 11 seized animal held by each interested person. The amount paid 12 to the department shall be sufficient to allow the department 13 to repay the livestock remediation fund as provided in section 14 459.501 and fully reimburse the department for all costs, fees, 15 and expenses incurred by the department under this section. 16 Sec. 9. NEW SECTION . 163.3F Interference with official 17 acts. 18 1. A person shall not interfere with an official act of the 19 department taken in the performance of a duty to prevent or 20 control the transmission of an infectious or contagious disease 21 among a population or species of animals, if the official act 22 is authorized as part of any of the following: 23 a. A veterinary emergency preparedness and response service 24 pursuant to section 163.3A. 25 b. A foreign animal disease preparedness and response 26 strategy pursuant to section 163.3C. 27 c. An emergency measure pursuant to section 163.3D or 28 163.3E. 29 2. Under this section, an official act of the department 30 may be performed by a departmental employee, or a veterinary or 31 special assistant appointed pursuant to section 163.3. 32 Sec. 10. NEW SECTION . 163.33 Feral swine. 33 1. “Feral swine” means any swine running at large. 34 2. A person shall not knowingly release swine to become 35 -8- SF 2413 (4) 88 da/ns 8/ 12
S.F. 2413 feral swine. 1 3. Upon discovery of feral swine on public or private 2 property, the department may destroy or order the destruction 3 of the feral swine. However, the department shall not destroy 4 the feral swine or order the feral swine’s destruction, unless 5 the department concludes, after conducting a reasonable inquiry 6 in the area where the feral swine is located, that the feral 7 swine’s ownership cannot be determined. The department may 8 call upon a peace officer or appropriate state or federal 9 agency, including but not limited to the department of natural 10 resources or the department of public safety, to enforce this 11 section as set forth in section 159.16. 12 4. A person may destroy feral swine if the feral swine is 13 on the person’s property or is damaging the person’s personal 14 property. The person shall immediately notify the department 15 of the destruction of the feral swine and allow for possible 16 testing of the feral swine by the department. 17 5. This section shall not be construed to limit the powers 18 of the department otherwise granted by law. 19 Sec. 11. Section 163.61, subsection 3, Code 2020, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . c. A person who interferes with an official 22 act as provided in section 163.3F shall be subject to a civil 23 penalty of at least one hundred dollars but not more than ten 24 thousand dollars. In the case of a continuing violation, 25 each day of the continuing violation is a separate violation. 26 However, a person shall not be subject to a civil penalty 27 totaling more than two hundred fifty thousand dollars arising 28 out of the same violation. 29 Sec. 12. Section 459.501, subsection 3, paragraph a, Code 30 2020, is amended by adding the following new subparagraph: 31 NEW SUBPARAGRAPH . (3) (a) To allocate moneys to the 32 department of agriculture and land stewardship for the payment 33 of expenses incurred by the department of agriculture and land 34 stewardship associated with all of the following: 35 -9- SF 2413 (4) 88 da/ns 9/ 12
S.F. 2413 (i) Providing for seizure of animals pursuant to sections 1 169.3D and 169.3E. 2 (ii) Court costs, reasonable attorney fees, and expenses 3 related to the investigation and prosecution of the case 4 arising from the seizure of animals. 5 (b) The department of natural resources shall allocate 6 any amount of unencumbered and unobligated moneys demanded in 7 writing by the department of agriculture and land stewardship 8 as provided in this subparagraph. The department of natural 9 resources shall complete the allocation upon receiving the 10 demand. 11 (c) The department of agriculture and land stewardship 12 shall repay the fund any amount received from an interested 13 person pursuant to an order by a court in a dispositional 14 proceeding conducted pursuant to section 163.3E. 15 Sec. 13. REPEAL. Section 166D.3, Code 2020, is repealed. 16 Sec. 14. CODE EDITOR DIRECTIVE. 17 1. The Code editor is directed to make the following 18 transfer: 19 Section 163.3 to section 163.3G. 20 2. The Code editor shall correct internal references in the 21 Code and in any enacted legislation as necessary due to the 22 enactment of this section. 23 Sec. 15. CODE EDITOR DIRECTIVE. The Code editor shall 24 divide chapter 163, subchapter I, into parts, including 25 sections 163.1 and 163.2 as part A, sections 163.2A through 26 163.5, including sections amended or enacted as provided in 27 this division of this Act, as part B, and sections 163.6 28 through 163.25 as part C. 29 Sec. 16. EFFECTIVE DATE. This division of this Act, being 30 deemed of immediate importance, takes effect upon enactment. 31 DIVISION II 32 FOOD OPERATION TRESPASS 33 Sec. 17. NEW SECTION . 716.7A Food operation trespass. 34 1. As used in this section, unless the context otherwise 35 -10- SF 2413 (4) 88 da/ns 10/ 12
S.F. 2413 requires: 1 a. “Apiary” and “bee” mean the same as defined in section 2 160.1A. 3 b. “Food animal” means an animal belonging to the bovine, 4 caprine, ovine, or porcine species; farm deer as defined in 5 section 170.1; turkeys, chickens, or other poultry; fish or 6 other aquatic organisms confined in private waters for human 7 consumption; or bees. 8 c. “Food establishment” , “food processing plant” , and 9 “farmers market” mean the same as defined in section 137F.1. 10 d. “Food operation” means any of the following: 11 (1) A location where a food animal is produced, maintained, 12 or otherwise housed or kept, or processed in any manner. 13 (2) A location other than as described in subparagraph (1) 14 where a food animal is kept, including an apiary, livestock 15 market, vehicle or trailer attached to a vehicle, fair, 16 exhibition, or a business operated by a person licensed to 17 practice veterinary medicine pursuant to chapter 169. 18 (3) A location where a meat food product, poultry product, 19 milk or milk product, eggs or an egg product, aquatic product, 20 or honey is prepared for human consumption, including a food 21 processing plant, a slaughtering establishment operating under 22 the provisions of 21 U.S.C. §451 et seq. or 21 U.S.C. §601 23 et seq.; or a slaughtering establishment subject to state 24 inspection as provided in chapter 189A. 25 (4) A food establishment or farmers market that sells or 26 offers for sale a meat food product, poultry product, milk 27 or milk product, eggs or an egg product, aquatic product, or 28 honey. 29 e. “Meat food product” , “poultry product” , and “prepared” 30 mean the same as defined in section 189A.2. 31 2. A person commits food operation trespass by entering 32 or remaining on the property of a food operation without the 33 consent of a person who has real or apparent authority to allow 34 the person to enter or remain on the property. 35 -11- SF 2413 (4) 88 da/ns 11/ 12
S.F. 2413 3. Subsection 2 does not apply to any of the following: 1 a. A person entering a right-of-way, if the person has not 2 been notified or requested by posted signage or other means to 3 abstain from entering onto the right-of-way or to vacate the 4 right-of-way. 5 b. A person having lawful authority to enter onto the 6 property of the food operation, including but not limited to a 7 federal, state, or local government official. 8 c. A person who is given express permission by the owner of 9 the food operation to enter onto or remain on the property of 10 the food operation. 11 d. A person employed by a food operation while acting in the 12 course of employment. 13 Sec. 18. Section 716.8, Code 2020, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 8. a. For a first offense, a person who 16 commits food operation trespass as provided in section 716.7A 17 is guilty of an aggravated misdemeanor. 18 b. For a second or subsequent offense, a person who commits 19 food operation trespass as provided in section 716.7A is guilty 20 of a class “D” felony. 21 Sec. 19. EFFECTIVE DATE. This division of this Act, being 22 deemed of immediate importance, takes effect upon enactment. 23 -12- SF 2413 (4) 88 da/ns 12/ 12
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