| LAWS OF THE 2001 REGULAR SESSION OF THE SEVENTY-NINTH GENERAL ASSEMBLY OF THE STATE OF IOWA |
Section 1. Section 163.1, unnumbered paragraph 1, Code 2001, is amended to read as follows:
In the enforcement of
The department shall administer and enforce the provisions
of this chapter, and rules adopted by the department pursuant to this chapter. In administering the provisions of this
chapter, the department of agriculture and land
stewardship
shall have power to do all of the
following:
Sec. 2. Section 163.6, subsection 4, Code 2001, is amended by striking the subsection.
Sec. 3. Section 163.18, Code 2001, is amended to read as follows:
163.18 FALSE REPRESENTATION.
Any
A person
who
shall not knowingly
makes any
make a false representation
as to the purpose for which a
about the shipment of
animals
an animal that is being or will be
made, with the intent to avoid or prevent
an
the animal's inspection
of such animals for the purpose of
determining
that is conducted in order to
determine whether the animals
are
animal is free from
disease, shall be guilty of a simple
misdemeanor.
Sec. 4. Section 163.23, Code 2001, is amended to read as follows:
163.23 FALSE CERTIFICATES OF HEALTH — PENALTY.
Any
A veterinarian
issuing
shall not issue a certificate of health for an animal
knowing that the animal described
therein
in the certificate of
health was not the same animal from which
the
tests were made as a basis for
issuing the certificate or who. A veterinarian shall not otherwise falsifies any
such
falsify a certificate
shall be guilty of a fraudulent
practice
of health.
Sec. 5. Section 163.24, Code 2001, is amended to read as follows:
163.24 USING FALSE CERTIFICATE.
Any
A person, firm, or corporation importing, exporting, or
transporting
shall not conduct a transaction to import, export, or transport an
animal within this state or
selling
sell or
offering
offer for sale
any
an animal for
which
, if the person uses a certificate of
health has been issued and who uses such
certificate
in connection with any of said
transactions
the transaction knowing that the animal described in
said
the certificate of
health was not the animal from which
the
tests were made as a basis for
issuing the certificate or who knowingly uses
any
of health. A person shall not
otherwise use an altered or otherwise false certificate in connection with
any of said transactions shall be guilty of
a fraudulent practice
such
transaction.
Sec. 6. Section 163.25, Code 2001, is amended to read as follows:
163.25 ALTERING CERTIFICATE.
Any
A person, firm, or corporation removing or
altering
shall not remove or alter a tag
or mark of identification appearing on
any
an animal, tested or being tested for disease,
any
if the tag or mark of identification
is authorized by the department or inserted by any
qualified veterinarian or altering
any. A person shall not alter a certificate of vaccination
issued by one
a
person authorized to vaccinate animals shall be guilty of a fraudulent
practice
the animal.
Sec. 7. NEW SECTION. 163.51 CIVIL PENALTIES.
1. The department shall establish, by rule, civil penalties which may be administratively or judicially assessed. The attorney general shall cooperate with the department in the assessment and collection of civil penalties.
2. a. Except as provided in paragraph "b", a person violating a provision of this chapter, or a rule adopted pursuant to this chapter, shall be subject to a civil penalty of at least one hundred dollars but not more than one thousand dollars. In the case of a continuing violation, each day of the continuing violation is a separate violation. However, a person shall not be subject to a civil penalty totaling more than twenty-five thousand dollars.
b. Notwithstanding the provisions of paragraph "a", a person who falsifies a health certificate, veterinarian inspection certificate, or certificate of inspection shall be subject to a civil penalty of not more than five thousand dollars for each reference to an animal falsified on the certificate. However, a person who falsifies a certificate of inspection issued pursuant to chapter 166D shall be subject to a civil penalty as provided in this section or section 166D.16, but not both. A person shall not be subject to a civil penalty totaling more than twenty-five thousand dollars for falsifying a certificate, regardless of the number of animals falsified on the certificate.
3. Moneys collected from civil penalties shall be deposited into the general fund of the state.
Sec. 8. NEW SECTION. 163.52 INJUNCTIVE RELIEF.
The department or the attorney general acting on behalf of the department may apply to the district court for injunctive relief in order to restrain a person from acting in violation of this chapter. In order to obtain injunctive relief, the department shall not be required to post a bond or prove the absence of an adequate remedy at law, unless the court for good cause otherwise orders. The court may order any form of prohibitory or mandatory relief that is appropriate under principles of equity, including but not limited to issuing a temporary or permanent restraining order.
Sec. 9. DIRECTIONS TO CODE EDITOR. The Code editor shall organize chapter 163 into subchapters based on divisions of the chapter and this Act, and replace the term "division" with "subchapter" wherever it occurs in the chapter.
Sec. 10. Sections 163.21, 163.29, and 163.31, Code 2001, are repealed.
Approved May 16, 2001
Updated: 29-Oct-2001 01:48 PM
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