165B.5 - RESTRICTED CONCENTRATION POINTS -- CIVIL PENALTIES.
165B.5 RESTRICTED CONCENTRATION POINTS -- CIVIL
PENALTIES.
1. A person shall not operate a restricted concentration point.
A restricted concentration point includes, but is not limited to, all
of the following:
a. A concentration point where poultry are sold, bartered, or
offered for sale or barter, if the concentration point is part of a
market where poultry are sold, bartered, or offered for sale or
barter to the general public.
b. A concentration point where poultry are placed together as
part of a contest, including but not limited to an event conducted
for purposes of producing violent contact between the poultry.
2. Subsection 1 does not apply to any of the following:
a. A slaughtering establishment, public stockyard, livestock
auction market, state or federal market, livestock buying station, or
a livestock dealer's yard, truck, or facility.
b. A fair conducted pursuant to chapter 173 or 174.
c. An event sanctioned by the department.
d. A 4-H function.
e. An event sponsored or sanctioned by the Iowa turkey
marketing council, the Iowa turkey federation, the national turkey
federation, the Iowa poultry association, the Iowa egg council, the
American egg board, or the American poultry association.
3. a. A person who owns or operates a restricted
concentration point is subject to a civil penalty of five thousand
dollars for the first violation and twenty-five thousand dollars for
each subsequent violation. Each day that a violation continues
constitutes a separate violation.
b. A person who has a legal interest in infected poultry or
has custody of infected poultry which are located at a restricted
concentration point is subject to a civil penalty of five thousand
dollars for the first violation and twenty-five thousand dollars for
each subsequent violation. Each day that a violation continues
constitutes a separate violation.
c. A person who transports poultry to or from a restricted
concentration point is subject to a civil penalty of one thousand
dollars for the first violation and five thousand dollars for each
subsequent violation. Each day that a violation continues
constitutes a separate violation.
d. A person who purchases, offers to purchase, barters, or
offers to barter for poultry at a restricted concentration point is
subject to a civil penalty of one hundred dollars for the first
violation and one thousand dollars for each subsequent violation.
Each day that a violation continues constitutes a separate violation.
e. A person who charges admission for entry into a restricted
concentration point where a contest occurs or otherwise holds,
advertises, or conducts the contest is subject to a civil penalty of
one thousand dollars for the first violation and five thousand
dollars for each subsequent violation. Each day that a violation
continues constitutes a separate violation.
f. A person who attends or participates in a contest at a
restricted concentration point where a contest occurs is subject to a
civil penalty of one hundred dollars for the first violation and one
thousand dollars for each subsequent violation. Each day that a
violation continues constitutes a separate violation.
4. This subsection applies to poultry maintained at a restricted
concentration point, or poultry transported to or from a restricted
concentration point.
a. The department or a law enforcement officer may confiscate
poultry before a contested case proceeding or judicial hearing is
conducted to determine whether this section has been violated. If
the department or a court determines that a violation of this section
has occurred, the poultry are conclusively deemed to be infected with
a pathogenic virus. The poultry shall be kept separate and apart
until destroyed by euthanasia as defined in section 162.2.
b. The department shall provide that real or personal
property that is exposed to the poultry shall be sanitized as
required to eliminate the source of the pathogenic virus. As part of
the sanitation, the department shall provide for the disposal of
poultry carcasses, eggs, or manure. Upon inspection, the department
shall certify that the sanitization has been performed as required by
this paragraph.
c. The department may utilize the procedures provided in
section 17A.18A in order to enforce the provisions of this section.
The attorney general or county attorney may petition the district
court for an expedited hearing.
d. The department shall be reimbursed by the owner of the
poultry or property for costs required to carry out this subsection.
However, if the enforcement action is brought due to the activity of
a law enforcement officer of a political subdivision, the political
subdivision shall be reimbursed by the owner of the poultry or
property for those costs. The department or political subdivision
shall certify the amount to the county auditor of any county in which
the owner is a titleholder of real property. The amount shall be
placed upon the tax books and shall be a lien upon the real property,
and collected with interest and penalties after due, in the same
manner as other unpaid property taxes. Section History: Recent Form
2004 Acts, ch 1089, §6; 2004 Acts, ch 1175, §329; 2005 Acts, ch 3,
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