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
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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
penaltyoffivethousanddollarsforthefirstviolationandtwenty-fivethousanddollarsforeach
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
3 CONTROL OF PATHOGENIC VIRUSES IN POULTRY, §165B.5
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
whereacontestoccursissubjecttoacivilpenaltyofonehundreddollarsforthefirstviolation
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.