163.30 - SWINE DEALER LICENSING AND FEES -- SWINE MOVEMENT.
163.30 SWINE DEALER LICENSING AND FEES -- SWINE
MOVEMENT.
1. This section shall apply to all swine moved interstate and
intrastate, except swine moved directly to slaughter or to a
livestock market for sale directly to a slaughtering establishment
for immediate slaughter.
2. When used in this subchapter:
a. "Dealer" means any person who is engaged in the business
of buying for resale, or selling, or exchanging swine as a principal
or agent or who claims to be so engaged, but does not include the
owner or operator of a farm who does not claim to be so engaged and
who sells or exchanges only those swine which have been kept by the
person solely for feeding or breeding purposes.
b. "Move" or "movement" means to ship, transport, or
deliver swine by land, water, or air, except that "move" or
"movement" does not mean a relocation.
c. "Relocate" or "relocation" means to ship, transport,
or deliver swine by land, water, or air, to different premises, if
the ownership of the swine does not change, the prior and new
premises are located within the state, and the shipment,
transportation, or delivery between the prior and new premises occurs
within the state.
d. "Separate and apart" means a manner of holding swine so as
not to have physical contact with other swine on the premises.
3. A person shall not act as a dealer unless the department
issues the person a dealer's license. The person must be licensed as
a dealer regardless of whether the swine originate in this state or
another jurisdiction or the person resides in this state or another
jurisdiction. The jurisdiction may be in another state or a foreign
nation.
a. The fee for a dealer's license is five dollars each year.
A license expires on the first day of July following the date of
issue. A license shall be numbered and the dealer shall retain the
number from year to year.
b. To be issued a license, an applicant must file a surety
bond with the department. The applicant shall file a standard surety
bond of ten thousand dollars with the secretary named as trustee, for
the use and benefit of anyone damaged by a violation of this section,
except that the bond shall not be required for dealers who are bonded
in the same or a greater amount than required pursuant to the federal
Packers and Stockyards Act. In addition, the department may require
that a licensee file evidence of financial responsibility with the
department prior to a license being issued or renewed as provided in
section 202C.2.
c. Each employee or agent doing business by buying for
resale, selling, or exchanging feeder swine in the name of a licensed
dealer shall be required to secure a permit and identification card
issued by the department showing the person is employed by or
represents a licensed dealer. All such permits and identification
cards shall be issued upon application forms furnished by the
department at a cost of three dollars per annum, and shall expire on
the first day of July following the date of issue.
d. A permittee shall not represent more than one dealer.
Failure of a licensee or permittee to comply with this chapter or a
rule made pursuant to this chapter is cause for revocation by the
secretary of the permit or license after notice to the alleged
offender and the holding of a hearing by the secretary. Rules shall
be made in accordance with chapter 17A. A rule, the violation of
which is made the basis for revocation, except temporary emergency
rules, shall first have been approved after public hearing as
provided in section 17A.4 after giving twenty days' notice of the
hearing by mailing the notice, by ordinary mail, to every person
filing a request for notice accompanied by an addressed envelope with
prepaid postage. Any person may file such a request to be listed
with any agency for notice for the time and place for all hearings on
proposed rules, which request shall be accompanied by a remittance of
five dollars. Such fee shall be added to the operating fund of the
department. The listing shall expire semiannually on January 1 and
July 1.
4. a. All swine moved shall be individually identified with a
distinctive and easily discernible ear tag affixed in either ear of
the animal or other identification acceptable to the department,
which has been specified by rule promulgated under the department's
rulemaking authority. The department shall make ear tags available
at convenient locations within each county and shall sell such tags
at a price not exceeding the cost to producers and others to comply
with this section.
b. Every seller, dealer and market operator shall keep a
record of the ear tag numbers, or other approved identification, and
the farm of origin of swine moved by or through that person, which
records shall be made available by that person to any appropriate
representative of the department or the United States department of
agriculture.
5. a. All swine moved shall be accompanied by a certificate
of veterinary inspection issued by the state of origin and prepared
and signed by a veterinarian. The certificate shall show the point
of origin, the point of destination, individual identification,
immunization status, and, when required, any movement permit number
assigned to the shipment by the department. All such movement of
swine shall be completed within seventy-two hours unless an extension
of time for movement is granted by the department.
b. However, the requirements of paragraph "a" do not
apply as follows:
Swine which are moved intrastate directly to an approved state,
federal, or auction market, there to be identified and certificated,
are excepted from the identification and certification requirements.
c. Registered swine for exhibition or breeding purposes which
can be individually identified by an ear notch or tattoo or other
method approved by the department are excepted from the additional
identification requirement.
d. Native Iowa swine moved from farm to farm shall be
excepted from the identification requirement if the owner
transferring possession of the feeder pigs executes a written
agreement with the person taking possession of the feeder pigs. The
agreement shall provide that the feeder pigs shall not be commingled
with other swine for a period of thirty days. 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.
6. The department may combine a certificate of veterinary
inspection with a certificate of inspection required under chapter
166D.
7. The department may require issuance of movement permits on
certain categories of swine moved, prior to their movement, pursuant
to departmental rule. The rule shall be promulgated when in the
judgment of the secretary, such movements would otherwise threaten or
imperil the eradication of hog cholera in Iowa.
8. All swine moved shall be quarantined separate and apart from
other swine located at the Iowa farm of destination for thirty days
beginning with their arrival at such premises, or if such incoming
swine are not held separate and apart, all swine on such premises
shall be thus quarantined, except animals moving from such premises
directly to slaughter.
9. There can only be one transfer by a dealer, involving not more
than two markets, prior to quarantine.
10. The use of anti-hog-cholera serum or antibody concentrate
shall be in accordance with rules issued by the department.
11. All swine found by a registered veterinarian to have any
infectious or contagious disease after delivery to any 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 movement or unless they are sent to
slaughter. This subsection shall in no way supersede the
requirements of sections 163A.2 and 163A.3. Section History: Early Form
[C62, 66, § 163.30; C71, § 163.30--163.33; C73, 75, 77, 79, 81, §
163.30] Section History: Recent Form
87 Acts, ch 115, § 28; 91 Acts, ch 32, §2; 97 Acts, ch 183, § 1,
13; 98 Acts, ch 1056, §2; 2003 Acts, ch 90, §1; 2003 Acts, ch 108,
§41; 2004 Acts, ch 1101, §27; 2004 Acts, ch 1163, §11, 12; 2009 Acts,
ch 133, §203, 204
Referred to in § 163.61, 166D.2, 166D.10, 202C.1, 202C.2