163.51 - SECURITY MEASURES.
163.51 SECURITY MEASURES.
1. The department may establish security measures in order to
control outbreaks of foot and mouth disease in this state, including
by providing for the prevention, suppression, and eradication of foot
and mouth disease. In administering and enforcing this section, the
department may adopt rules and shall issue orders in a manner
consistent with sound veterinary principles and federal law for the
control of outbreaks of the disease. The department may implement
the security measures by doing any of the following:
a. If the department determines that an animal is infected
with or exposed to foot and mouth disease, or the department suspects
that an animal is so infected or exposed, the department may provide
for all of the following:
(1) The quarantine, condemnation, or destruction of the animal.
The department may establish quarantined areas and regulate
activities in the quarantined areas, including movement or relocation
of animals or other property within, into, or from the quarantined
areas. This section does not authorize the department to provide for
the destruction of personal property other than an animal.
(2) The inspection or examination of the animal's premises in
order to perform an examination or test to determine whether the
animal is or was infected or exposed or whether the premises is
contaminated. The department may take a blood or tissue sample of
any animal on the premises.
(3) The compelling of a person who is the owner or custodian of
the animal to provide information regarding the movement or
relocation of the animal or the vaccination status of the animal or
the herd where the animal originates. The department may issue a
subpoena for relevant testimony or records as defined in section
516E.1. In the case of a failure or refusal of the person to provide
testimony or records, the district court upon application of the
department or the attorney general acting upon behalf of the
department, may order the person to show cause why the person should
not be held in contempt. The court may order the person to provide
testimony or produce the record or be punished for contempt as if the
person refused to testify before the court or disobeyed a subpoena
issued by the court.
b. The department may provide for the cleaning and
disinfection of real or personal property if the department
determines that the property is contaminated with foot and mouth
disease or suspects that the property is contaminated with foot and
mouth disease.
2. a. If the department determines that there is a suspected
outbreak of foot and mouth disease in this state, the department
shall immediately notify all of the following:
(1) The governor or a designee of the governor. The notification
shall contain information regarding actions being implemented or
recommended in order to determine if the outbreak is genuine and
measures to control a genuine outbreak.
(2) The administrative unit of the United States department of
agriculture responsible for controlling outbreaks in this state.
b. If the department confirms an outbreak of foot and mouth
disease in this state, the department shall cooperate with the
governor; federal agencies, including the United States department of
agriculture; and state agencies, including the homeland security and
emergency management division of the department of public defense, in
order to provide the public with timely and accurate information
regarding the outbreak. The department shall cooperate with
organizations representing agricultural producers in order to provide
all necessary information to agricultural producers required to
control the outbreak.
3. The department shall cooperate with federal agencies,
including the United States department of agriculture, other state
agencies and law enforcement entities, and agencies of other states.
Other state agencies and law enforcement entities shall assist the
department.
4. a. To the extent that an animal's owner would not
otherwise be compensated, section 163.15 shall apply to the owner's
loss of any animal destroyed under this section.
b. Upon the request of the executive council, the department
shall develop and submit a plan to the executive council that
compensates an owner for property, other than an animal, that is
inadvertently destroyed by the department as a result of the
department's regulation of activities in a quarantined area. The
plan shall not be implemented without the approval of at least three
members of the executive council. The payment of the compensation
under the plan shall be made in the same manner as provided in
section 163.15. The owner may submit a claim for compensation prior
to the plan's implementation. The executive council may apply the
plan retroactively, but not earlier than June 1, 2001.
5. Nothing in this section limits the department's authority to
regulate animals or premises under other provisions of state law,
including this chapter. Section History: Recent Form
2001 Acts, ch 170, §2, 3; 2002 Acts, ch 1119, §22; 2003 Acts, ch
179, §157