1. Except as otherwise provided in this section, a person shall not sell, lease, exhibit, loan, move, or relocate swine within the state unless the swine are accompanied by a certificate of inspection in the same manner as provided for a certificate of veterinary inspection as provided in section 163.30. The department may combine the certificate of inspection with a certificate of veterinary inspection.

Terms Used In Iowa Code 166D.10

  • Approved premises: means a dry lot facility located in an area with confirmed cases of pseudorabies infection, which is certified by the department to receive, feed, and move or relocate infected swine as provided in section 166D. See Iowa Code 166D.2
  • Certificate of inspection: means a document approved by the United States department of agriculture or the department of agriculture and land stewardship, and issued by a licensed veterinarian prior to the interstate or intrastate movement of swine or to the relocation of swine. See Iowa Code 166D.2
  • Certificate of veterinary inspection: means the same as defined in section 163. See Iowa Code 166D.2
  • Cleanup plan: means a herd cleanup plan or feeder pig cooperator herd cleanup plan as provided in section 166D. See Iowa Code 166D.2
  • Concentration point: includes a public stockyard, auction market, street market, state or federal market, untested consignment sales location, buying station, or a livestock dealer's yard, truck, or facility. See Iowa Code 166D.2
  • Cull swine: means mature swine fed for purposes of direct slaughter. See Iowa Code 166D.2
  • Department: means the department of environmental quality in a reference to a time before July 1, 1983, the department of water, air and waste management in a reference to a time on or after July 1, 1983, and through June 30, 1986, and the department of natural resources on or after July 1, 1986, and includes any officer or agency within that department. See Iowa Code 172D.1
  • Differentiable test: means a laboratory procedure approved by the department to diagnose pseudorabies. See Iowa Code 166D.2
  • Differentiable vaccine: means a vaccine which has a licensed companion differentiable test, and includes a modified-live differentiable vaccine. See Iowa Code 166D.2
  • Exposed: means an animal that has not been kept separate and apart or isolated from livestock infected with pseudorabies, including all swine in a known infected herd. See Iowa Code 166D.2
  • Feeder pig: means an immature swine fed for purposes of direct slaughter which weighs one hundred pounds or less. See Iowa Code 166D.2
  • Feeder pig cooperator herd: means a swine herd not currently determined to be pseudorabies negative, that has not experienced clinical signs of pseudorabies in the last six months, that is capable of segregating offspring at weaning into separate and apart production facilities, and has implemented an approved pseudorabies eradication plan. See Iowa Code 166D.2
  • Feeder swine: means swine fed for purposes of direct slaughter, including feeder pigs and cull swine. See Iowa Code 166D.2
  • Fixed concentration point: means a concentration point which is a permanent location where swine are assembled for purposes of sale and movement to a slaughtering establishment as provided in section 166D. See Iowa Code 166D.2
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Herd: means a group of swine as established by departmental rule. See Iowa Code 166D.2
  • Herd cleanup plan: means a plan to eliminate pseudorabies from a swine herd. See Iowa Code 166D.2
  • Herd of unknown status: means all swine except swine which are part of a known infected herd, swine known to have been exposed to pseudorabies, or swine which are part of a noninfected herd. See Iowa Code 166D.2
  • Infected: means infected with pseudorabies as determined by an epidemiologist whose diagnosis is supported by test results. See Iowa Code 166D.2
  • Isowean feeder pig: means a feeder pig that weighs twenty pounds or less. See Iowa Code 166D.2
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • movement: means the same as defined in section 163. See Iowa Code 166D.2
  • Noninfected herd: means a herd which is one of the following:
     a. See Iowa Code 166D.2
  • Owner: shall mean the person holding record title to real estate to include both legal and equitable interests under recorded real estate contracts. See Iowa Code 172D.1
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Pseudorabies: means the contagious, infectious, and communicable disease of livestock and other animals known as Aujeszky's disease, mad itch, or infectious bulbar paralysis. See Iowa Code 166D.2
  • Qualified differentiable negative herd: means a herd in which one hundred percent of the herd's breeding swine have been vaccinated and have reacted negatively to a differentiable test and which have been retested, as provided in this chapter. See Iowa Code 166D.2
  • Qualified negative herd: means a herd in which one hundred percent of the herd's breeding swine have reacted negatively to a test, and have not been vaccinated, and which is retested as provided in this chapter. See Iowa Code 166D.2
  • relocation: means the same as defined in section 163. See Iowa Code 166D.2
  • Relocation record: means a record as maintained by the owner of swine in a form and containing information as required by the rules adopted by the department, which indicates a relocation of swine as provided in section 166D. See Iowa Code 166D.2
  • Restricted movement: means swine which are moved or relocated as provided in section 166D. See Iowa Code 166D.2
  • Slaughtering establishment: means a slaughtering establishment operated under the provision of the federal Meat Inspection Act, 21 U. See Iowa Code 166D.2
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Statistical sampling: means a test based on at least a ninety percent probability of detecting at least a ten percent incidence of positive reaction within a herd. See Iowa Code 166D.2
  • Subpoena: A command to a witness to appear and give testimony.
  • Test: means a serum neutralization (SN) test, virus isolation test, ELISA test, or other test approved by the department and performed by a laboratory approved by the department. See Iowa Code 166D.2
  • Transportation certificate: means a written document evidencing that the movement or relocation of swine complies with the requirements of this chapter, and which may be a transportation certificate as provided in chapter 172B, or another document approved by the department, including but not limited to one or more types of forms covering different circumstances, as prescribed by the department. See Iowa Code 166D.2
 2. A certificate of inspection is not required if any of the following apply:

 a. The swine are moved to slaughter.
 b. The swine are relocated, and all of the following apply:

 (1) A transportation certificate accompanies the relocated swine.
 (2) The swine’s owner maintains information regarding the relocation in relocation records. The department may adopt rules excusing a person from maintaining relocation records, if the department determines that the purposes of the chapter as provided in section 166D.1 are not furthered by the requirement.
 (3) A certificate of inspection, or a certificate of veterinary inspection as provided in section 163.30, has been issued for the swine within thirty days prior to the date of relocation. The department may adopt rules excusing a person from complying with this subparagraph if the department determines that the purposes of the chapter as provided in section 166D.1 are not furthered by the requirement.
 (4) The swine have a current negative pseudorabies status.
 c. A person transfers ownership of all or part of a herd, if the herd remains on the same premises. However, the herd must be tested by statistical sampling. If any part of the herd is subsequently moved or relocated, the swine must be moved or relocated in accordance with this section and sections 166D.7, 166D.8, and 166D.10A.
 3. A transportation certificate accompanying swine which are relocated as provided in subsection 2, paragraph “b”, shall cite the relevant relocation record and certificate of inspection, or certificate of veterinary inspection. The department may provide for the examination of the relocation records on the owner’s premises during normal business hours, or may require that reports containing relevant information contained in relocation records and certificates of inspection, or certificates of veterinary inspection, be periodically submitted to the department. For purposes of this section, swine production information contained in relocation records is a trade secret as provided in section 22.7, unless otherwise provided by rules adopted by the department. The department shall provide for the disclosure of confidential information only to the extent required for enforcement of this chapter, the detection and prosecution of public offenses, or to comply with a subpoena or court order. The department shall adopt rules required to administer subsection 2, paragraph “b”, and this subsection.
 4. a. Except as provided in paragraph “b”, swine that are moved shall be individually identified as provided in section 163.30, which may include requirements for affixing ear tags to swine.

 b. (1) Native Iowa feeder pigs moved from farm to farm within the state shall be exempted from the identification requirements of this subsection if the owner transferring possession of the feeder pigs executes a written agreement with the person taking possession of the feeder pigs.

 (a) The agreement shall provide that the feeder pigs shall not be commingled with other swine for a period of thirty days.
 (b) The owner transferring possession shall be responsible for making certain that the agreement is executed and for providing a copy of the agreement to the person taking possession.
 (2) Native Iowa feeder pigs that are moved shall be accompanied by a certificate of inspection, or a certificate of veterinary inspection as provided in section 163.30, unless swine are otherwise exempted from this requirement by this section.
 (3) As used in this paragraph “b”, “farm to farm within the state” does not include the movement or relocation of native Iowa feeder pigs to the possession of a dealer licensed pursuant to section 163.30.
 5. Swine from a herd located within this state must be moved or relocated in compliance with this section. If the swine is moved or relocated from a herd located within a county which is designated by the department as in stage II of the national pseudorabies eradication program, the swine shall not be moved or relocated unless in compliance with section 166D.11. Regardless of whether the swine is from a herd located in a stage II county, the following shall govern the movement or relocation of swine within this state:

 a. For swine from a noninfected herd, a person shall not move swine for breeding purposes, unless one of the following applies:

 (1) The swine is moved from a qualified negative herd or qualified differentiable negative herd.
 (2) The swine reacts negatively to a differentiable test within thirty days prior to moving the swine.
 b. For swine which is exposed, a person shall not move or relocate the swine, unless one of the following applies:

 (1) The swine reacts negatively to a differentiable test within thirty days prior to moving or relocating the swine.
 (2) The swine moves by restricted movement to either a fixed concentration point or slaughtering establishment.
 c. For swine from a herd of unknown status, a person shall not move or relocate the swine, unless one of the following applies:

 (1) The swine reacts negatively to a differentiable test within thirty days prior to moving or relocating the swine.
 (2) The swine moves by restricted movement to either a fixed concentration point or slaughtering establishment. However, the swine is not required to move by restricted movement if the swine is moved from a fixed concentration point directly to another fixed concentration point or to a slaughtering establishment.
 d. For swine which is from an infected herd, a person shall not move or relocate the swine, unless one of the following applies:

 (1) If the swine is part of a cleanup plan, the following shall apply:

 (a) For swine, other than feeder pigs or cull swine, which are part of a herd subject to a cleanup plan, a person shall only move swine by restricted movement to either a fixed concentration point or slaughtering establishment. A person shall not relocate the swine.
 (b) For a feeder pig or cull swine which is part of a herd subject to a herd cleanup plan, a person shall only move the feeder pig or cull swine by restricted movement to either a fixed concentration point or slaughtering establishment or relocate the feeder pig or cull swine by restricted movement to an approved premises. For a feeder pig or cull swine which is part of a feeder pig cooperator herd cleanup plan, a person shall only move the feeder pig or cull swine by restricted movement to either a fixed concentration point or slaughtering establishment or move or relocate the feeder pig or cull swine by restricted movement to an approved premises. However, a person shall not move or relocate a feeder pig or cull swine to an approved premises, unless the approved premises is identified in a cleanup plan as provided in section 166D.8, or the department approves the move or relocation to another approved premises. A person shall not move or relocate a cull swine to an approved premises, unless the cull swine reacts negatively to a test and is vaccinated with a differentiable vaccine. The test and vaccine must be administered within thirty days prior to the movement or relocation to the approved premises. A noninfected feeder pig is not required to be tested or vaccinated prior to movement or relocation to an approved premises, if the feeder pig is vaccinated upon arrival at the approved premises.
 (c) For swine from a herd kept on an approved premises, a person shall only move or relocate the swine by restricted movement as provided in the cleanup plan governing the herd and terms and conditions of the certification required for the approved premises as provided in section 166D.10B.
 (2) If the swine is not part of a herd that is subject to a cleanup plan because the herd is quarantined, a person shall only move the swine by restricted movement to either a fixed concentration point or slaughtering establishment.
 6. Swine from a herd located outside this state must be moved into and maintained in this state in compliance with this section. A person shall not move swine into this state, except as follows:

 a. For swine from a herd, other than a noninfected herd, the swine must be moved either to a fixed concentration point or slaughtering establishment.
 b. For swine from a noninfected herd, the swine may be moved to a concentration point or slaughtering establishment. If the swine is not moved to a concentration point or slaughtering establishment, the following shall apply:

 (1) Unless the person moves the swine into a county designated by the department as in stage II of the national pseudorabies eradication program, the following shall apply:

 (a) A person shall not move swine into this state for breeding purposes, unless one of the following applies:

 (i) The swine is moved from a qualified negative herd or qualified differentiable negative herd.
 (ii) The swine reacts negatively to a differentiable test, within thirty days prior to moving the swine.
 (b) A person shall not move a feeder swine which is moved into this state, unless the feeder swine reacts negatively to a differentiable test within thirty days prior to movement from a herd in this state.
 (2) If a person moves the swine into a county which is designated by the department as in stage II of the national pseudorabies eradication program, the following shall apply:

 (a) Except as provided in this subparagraph, the owner of swine shall vaccinate the swine with a modified-live differentiable vaccine, prior to moving swine into the stage II county. A person is not required to vaccinate swine prior to moving swine into the stage II county if one of the following applies:

 (i) The swine is part of a herd that cannot be vaccinated under the law of the state or country in which the herd is kept immediately prior to being moved into the stage II county.
 (ii) The swine is an isowean feeder pig.
 (iii) The swine is moved either to a fixed concentration point or slaughtering establishment.
 (b) For swine which are not vaccinated before being moved into a stage II county as provided in this paragraph, the following shall apply:

 (i) For swine other than swine moved into a herd within a stage II county as an isowean feeder pig, the swine must be immediately vaccinated with a differentiable vaccine, as provided in section 166D.11. The swine shall be considered as part of a herd of unknown status, until tested negative and vaccinated.
 (ii) For swine moved into a herd within a stage II county as an isowean feeder pig, the swine moved into the herd must be immediately vaccinated with a differentiable vaccine, as provided in section 166D.11. The department may require that the swine be revaccinated with a differentiable vaccine at a later date. The swine shall be considered as part of a herd of unknown status, until tested negative and vaccinated.
 7. A person shall not move a swine within this state, other than to a fixed concentration point or slaughtering establishment, if the swine is vaccinated with a vaccine other than a differentiable vaccine approved by the department pursuant to section 166D.14.
 8. Known infected swine moved through a fixed concentration point shall only be moved by restricted movement to a slaughtering establishment.
 9. Swine moved under this section to a slaughtering establishment shall be for the exclusive purpose of slaughtering the swine. Swine moved under this section to a fixed concentration point shall be for the exclusive purpose of immediately moving the swine to a slaughtering establishment. Swine moved or relocated under this section to an approved premises shall be for the exclusive purpose of feeding the swine prior to movement or relocation to another approved premises, or movement to either a fixed concentration point or a slaughtering establishment.
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