Title V, AGRICULTURE (Ch. 159 - 215A)

When used in this chapter : 1. “Biological products” shall include and be deemed to embrace only anti-classical swine fever serum and viruses which are either virulent or nonvirulent, alive or dead. 2. “Dealer” includes every person who, for profit, sells, dispenses, or distribut…

Fees for permits shall be paid by the manufacturer or dealer to the department when the application for such permit is made and shall be: 1. In case of a manufacturer, twenty-five dollars for each plant at which it is proposed to manufacture biological products. 2. In case of a d…

The premises upon which the business authorized by such permit is carried on shall be subject at all times to inspection by the department. Before issuing an original permit, the department may cause the proposed premises to be inspected, and shall make such requirements regardin…

Every permit issued to a manufacturer or dealer shall expire on the first day of July following the date of issuance. A renewal of the same shall be subject to all the conditions, including fees, that are required in the case of an original permit. [SS15, §2538-w3; C24, 27, 31, 3…

Such a permit shall be automatically revoked: 1. In case of a dealer, by the dealer’s failure to execute and file with the department a new and approved bond when required by law, or by the dealer’s failure to obtain a separate permit and to file a separate bond in the amount of …

Such a permit may also be revoked by the department at any time after a reasonable notice and hearing: 1. For violation of the terms, conditions, and requirements on which it was issued. 2. For violation of any law, or of any rule of the department, relating to the business autho…

No biological products shall be sold, offered for sale, distributed, or used, unless produced at a plant which, at the time of producing, held a United States department of agriculture license for the manufacture of such biological products. [SS15, §2538-w3; C24, 27, 31, 35, 39, …

A person shall not sell, distribute, use, or offer to sell, distribute, or use virulent blood or virus from classical-swine-fever-infected swine except for one or more of the following purposes: 1. For the purpose of interstate or foreign shipment of such blood or virus. 2. For t…

The department shall have power to make such rules governing the manufacture, sale, and distribution of biological products as it deems necessary to maintain their potency and purity. [SS15, §2538-w3; C24, 27, 31, 35, 39, § 2706; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §…

A person holding a permit as manufacturer or dealer shall make such written reports to the department relative to biological products as it may from time to time require. [SS15, §2538-w5; C24, 27, 31, 35, 39, § 2733; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §166.29 ]

Every person, before engaging as a manufacturer of, or dealer in, biological products shall obtain from the department a permit for that purpose and shall be required to have a separate permit for each place of business. A pharmacy licensed under chapter 155A shall not be require…

The department may seize, at any time or place, for examination, samples of biological products manufactured or kept for use or sale within the state. [S13, §2538-w6; C24, 27, 31, 35, 39, § 2738; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §166.34 ]

The department shall have power to condemn and destroy any biological products which it deems unsafe. [S13, §2538-w6; C24, 27, 31, 35, 39, § 2739; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §166.35 ]

No person shall remove or deface any label upon the bottles or packages containing any biological products or change the contents from the original container except for immediate use. [SS15, §2538-w8; C24, 27, 31, 35, 39, § 2740; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §…

Persons holding permits, either as manufacturers or dealers, shall sell all biological products at a uniform price to all persons to whom sales are made. No rebate on said price shall be given, either directly or indirectly, in any manner whatsoever. [C24, 27, 31, 35, 39, § 2741;…

No licensed veterinarian shall receive, directly or indirectly, any compensation of any kind for the handling, sale, or use of any biological products, other than the veterinarian’s charges for administering the same, unless the veterinarian makes known in writing the amount of s…

Any person who violates any provision of this chapter , or any rule of the department, or who shall hinder or attempt to hinder the department or any duly authorized agent or official thereof in the discharge of that person’s duty, shall be fined in a sum not less than one hundre…

Every application for such a permit shall be made on a form provided by the department, which form shall call for such information as the department shall deem necessary, including the name and place of business of the applicant. [SS15, §2538-w3; C24, 27, 31, 35, 39, § 2708; C46,…

The sale or use of classical swine fever vaccine, except as provided in section 166.16 , is prohibited and a person shall not use such a product in this state. However, in the case of an emergency as defined in section 166.42 , a special permit for the use of vaccines may be issu…

1. The secretary may establish a reserve supply of biological products of approved modified live virus classical swine fever vaccine and of anti-classical swine fever serum or its equivalent in antibody concentrate to be used as directed by the secretary in the event of an emerge…

An application for a permit to manufacture biological products shall be accompanied by evidence satisfactory to the department that the applicant is the holder of a valid, unrevoked, United States department of agriculture license for the manufacture and sale of such biological p…

An application for a permit to deal in biological products shall be accompanied by a separate bond for each place of business, with sureties to be approved by the department, in the sum of five thousand dollars for each place of business, which bond shall be conditioned: 1. To fa…

The principal on such bond shall be liable to every person for any damage caused by the negligence of the principal or of the principal’s agents, notwithstanding the execution of the bond. [C24, 27, 31, 35, 39, § 2711; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §166.7 ]

When judgment is rendered on such bond, the principal shall immediately execute and file with the department a new or additional bond, conditioned as the original bond, and in an amount to be fixed by the department, which will furnish the same amount of security that was furnish…

A manufacturer shall be liable to an injured person for all damages which occur: 1. By reason of the negligence of the manufacturer or the manufacturer’s employees in the manufacture, warehousing, handling, or distribution of biological products. 2. By reason of the failure of th…

1. “Accredited veterinarian” means a veterinarian who is licensed by the state in which the veterinarian practices, is approved by the department of agriculture and land stewardship or the livestock sanitary authority of that state, and is accredited by the United States departme…

Sheep from noncertified scabies-free areas within this state shall not enter certified scabies-free areas unless they have been treated in an approved manner under supervision within ten days preceding movement and satisfactory evidence of treatment accompanies the shipment. Howe…

1. Sheep being moved into the state for breeding or feeding purposes shall be accompanied by a certificate of veterinary inspection stating the sheep are any of the following: a. From a certified scabies-free area. b. Treated in an approved manner within ten days prior to movemen…

All persons engaged in the shearing of sheep shall immediately report any suspicion of or evidence of scabies to the department. [C66, 71, 73, 75, 77, 79, 81, §166A.12 ]

The department is empowered to make and promulgate rules necessary for carrying out the provisions of this chapter . [C66, 71, 73, 75, 77, 79, 81, §166A.13 ]

Any person, firm or partnership or corporation violating the provisions of this chapter shall be guilty of a simple misdemeanor. [C66, 71, 73, 75, 77, 79, 81, §166A.14 ]

1. A person shall not act as a dealer unless the person obtains a license issued by the department. The license fee is ten dollars. A license expires on the first day of the second July following date of issue. An initial license shall be numbered and any subsequent or renewed li…

Any person engaging in, or claiming to be in, the business of a dealer without obtaining a license may be restrained by injunction, and shall pay all costs made necessary by such procedure. [C66, 71, 73, 75, 77, 79, 81, §166A.3 ]

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 treated in an approved manner under the supervision of the department or the an…

Market operators and dealers in sheep shall use satisfactory treatment, approved by the department. Market operators and dealers shall maintain records which show the true origin of the sheep including name and address of the seller or consignor, number, date of receipt, date of …

Animals may be sold for slaughter without 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 treatment if consigned directly and immediately on a slaughter affidavit…

1. Sheep found to be infected with or exposed to scabies shall be immediately 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 exp…

When all flocks of sheep within a county have been inspected by a representative of the department and are found to be free of scabies, the department may certify the county as a “scabies-free area.” [C66, 71, 73, 75, 77, 79, 81, §166A.9 ]

As used in this chapter : 1. “Classical swine fever” means the contagious, infectious, and communicable disease of swine commonly known as hog cholera. 2. “Destroy” means condemn under state authority and slaughter or otherwise kill as a result of or pursuant to such condemnation…

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 classical swine fever, whenever the department finds such destruction to be necessary to prevent or reduce the danger of the sp…

The department shall appraise any swine destroyed or ordered destroyed pursuant to this chapter at not to exceed current market value and shall indemnify the owner of such swine in an amount not to exceed two hundred dollars for purebred, inbred or hybrid or breeding swine; and n…

It is hereby recognized and declared that indemnification for destruction of swine infected with or exposed to 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 preventin…

The department may cooperate with the United States, or any department, agency or officer thereof, in the control and eradication of classical swine fever, including the sharing in payment of indemnities for swine destroyed. [C66, 71, 73, 75, 77, 79, 81, §166B.5 ] 2012 Acts, ch 1…

The department of agriculture and land stewardship may make, promulgate, amend, repeal, and enforce necessary rules for implementing this chapter . [C66, 71, 73, 75, 77, 79, 81, §166B.6 ]

Judicial review of department action under this chapter may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A . Notwithstanding the terms of said Act, petitions for judicial review may be filed in the district court of the county, wherei…

This chapter provides for measures to control the transmission and incidence, and for the eventual eradication, of pseudorabies among swine within this state. The department shall adopt rules to carry out the provisions of this chapter . 89 Acts, ch 280, §1 Referred to in §166D.1…