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 an
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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 523C.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 department of homeland
security and emergency management, 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. Nothinginthissectionlimitsthedepartment’sauthoritytoregulateanimalsorpremises
under other provisions of state law, including this chapter.