As used in this chapter, unless the context otherwise requires:
 1. “Approved premises” means a dry lot facility located in an area with confirmed cases of pseudorabies infection, which is certified by the department to receive, feed, and move or relocate infected swine as provided in section 166D.10B.
lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Iowa Code 166D.2

  • Approved premises: means a dry lot facility located in an area with confirmed cases of pseudorabies infection, which is certified by the department to receive, feed, and move or relocate infected swine as provided in section 166D. See Iowa Code 166D.2
  • Breeding swine: means swine over six months of age. See Iowa Code 166D.2
  • Certificate of inspection: means a document approved by the United States department of agriculture or the department of agriculture and land stewardship, and issued by a licensed veterinarian prior to the interstate or intrastate movement of swine or to the relocation of swine. See Iowa Code 166D.2
  • Cleanup plan: means a herd cleanup plan or feeder pig cooperator herd cleanup plan as provided in section 166D. See Iowa Code 166D.2
  • Concentration point: includes a public stockyard, auction market, street market, state or federal market, untested consignment sales location, buying station, or a livestock dealer's yard, truck, or facility. See Iowa Code 166D.2
  • Cull swine: means mature swine fed for purposes of direct slaughter. See Iowa Code 166D.2
  • Department: means the department of environmental quality in a reference to a time before July 1, 1983, the department of water, air and waste management in a reference to a time on or after July 1, 1983, and through June 30, 1986, and the department of natural resources on or after July 1, 1986, and includes any officer or agency within that department. See Iowa Code 172D.1
  • Differentiable test: means a laboratory procedure approved by the department to diagnose pseudorabies. See Iowa Code 166D.2
  • Differentiable vaccine: means a vaccine which has a licensed companion differentiable test, and includes a modified-live differentiable vaccine. See Iowa Code 166D.2
  • Epidemiologist: means a state or federal veterinarian designated to investigate and diagnose suspected pseudorabies in livestock. See Iowa Code 166D.2
  • Exposed: means an animal that has not been kept separate and apart or isolated from livestock infected with pseudorabies, including all swine in a known infected herd. See Iowa Code 166D.2
  • Exposed livestock: means livestock that have been in contact with livestock infected with pseudorabies, including all livestock in a known infected herd. See Iowa Code 166D.2
  • Farm of origin: means a location where the swine were born, or on which the swine have been located for at least ninety consecutive days immediately prior to movement. See Iowa Code 166D.2
  • Feeder pig: means an immature swine fed for purposes of direct slaughter which weighs one hundred pounds or less. See Iowa Code 166D.2
  • Feeder swine: means swine fed for purposes of direct slaughter, including feeder pigs and cull swine. See Iowa Code 166D.2
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Herd: means a group of swine as established by departmental rule. See Iowa Code 166D.2
  • Herd cleanup plan: means a plan to eliminate pseudorabies from a swine herd. See Iowa Code 166D.2
  • Infected: means infected with pseudorabies as determined by an epidemiologist whose diagnosis is supported by test results. See Iowa Code 166D.2
  • Infected herd: means a herd that is known to contain infected swine, a herd containing swine exhibiting clinical signs of pseudorabies, or a herd that is infected according to an epidemiologist. See Iowa Code 166D.2
  • Inspection service: means the animal and plant health inspection service, United States department of agriculture. See Iowa Code 166D.2
  • Isolation: means separation of swine within a physical barrier in a manner to prevent swine from gaining access to swine outside the barrier, including excrement or discharges from swine outside the barrier. See Iowa Code 166D.2
  • Known infected herd: means a herd in which swine have been determined by an epidemiologist to be infected. See Iowa Code 166D.2
  • Livestock: means cattle, sheep, swine, ostriches, rheas, emus, poultry, and other animals or fowl, which are being produced primarily for use as food or food products for human consumption. See Iowa Code 172D.1
  • Livestock: means swine, cattle, sheep, goats, horses, ostriches, rheas, or emus. See Iowa Code 166D.2
  • Monitored herd: means a herd of swine, including a feeder swine herd, which has been determined within the past twelve months not to be infected, according to a statistical sampling. See Iowa Code 166D.2
  • movement: means the same as defined in section 163. See Iowa Code 166D.2
  • Noninfected herd: means a herd which is one of the following:
     a. See Iowa Code 166D.2
  • Owner: shall mean the person holding record title to real estate to include both legal and equitable interests under recorded real estate contracts. See Iowa Code 172D.1
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Pseudorabies: means the contagious, infectious, and communicable disease of livestock and other animals known as Aujeszky's disease, mad itch, or infectious bulbar paralysis. See Iowa Code 166D.2
  • Pseudorabies eradication plan: means a written herd management program which is based on accepted statistical and epidemiological evaluation and designed to eradicate pseudorabies from the swine herds in a given area. See Iowa Code 166D.2
  • Qualified differentiable negative herd: means a herd in which one hundred percent of the herd's breeding swine have been vaccinated and have reacted negatively to a differentiable test and which have been retested, as provided in this chapter. See Iowa Code 166D.2
  • Reaction: means a result determined by an approved laboratory procedure designed to recognize pseudorabies virus infection or a nondifferentiable vaccinated animal. See Iowa Code 166D.2
  • relocation: means the same as defined in section 163. See Iowa Code 166D.2
  • Rule: includes "regulation". See Iowa Code 4.1
  • Separate and apart: means to hold swine so that neither the swine nor organic material originating from the swine has physical contact with other animals. See Iowa Code 166D.2
  • Slaughtering establishment: means a slaughtering establishment operated under the provision of the federal Meat Inspection Act, 21 U. See Iowa Code 166D.2
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Statistical sampling: means a test based on at least a ninety percent probability of detecting at least a ten percent incidence of positive reaction within a herd. See Iowa Code 166D.2
  • Test: means a serum neutralization (SN) test, virus isolation test, ELISA test, or other test approved by the department and performed by a laboratory approved by the department. See Iowa Code 166D.2
  • United States: includes all the states. See Iowa Code 4.1
 2. “Approved premises permit” means a permit issued by the department necessary for a person to own and operate an approved premises.
 3. “Breeding swine” means swine over six months of age.
 4. “Certificate of inspection” means a document approved by the United States department of agriculture or the department of agriculture and land stewardship, and issued by a licensed veterinarian prior to the interstate or intrastate movement of swine or to the relocation of swine. The certificate of inspection must state all of the following:

 a. The number, description, and identification of the swine to be moved.
 b. Whether the swine to be moved are known to be infected with or exposed to pseudorabies.
 c. The farm of origin.
 d. The purpose for moving the swine.
 e. The point of destination of the swine.
 f. The consignor and each consignee of the swine.
 g. Additional information as required by state or federal law.
 5. “Certificate of veterinary inspection” means the same as defined in section 163.2.
 6. “Cleanup plan” means a herd cleanup plan or feeder pig cooperator herd cleanup plan as provided in section 166D.8.
 7. “Concentration point” means a location or facility where swine are assembled for purposes of sale or resale for feeding, breeding, or slaughtering, and where contact may occur between groups of swine from various sources. “Concentration point” includes a public stockyard, auction market, street market, state or federal market, untested consignment sales location, buying station, or a livestock dealer’s yard, truck, or facility.
 8. “Cull swine” means mature swine fed for purposes of direct slaughter. However, “cull swine” does not include swine kept for purposes of breeding or reproduction.
 9. “Differentiable test” means a laboratory procedure approved by the department to diagnose pseudorabies. The procedure must be capable of recognizing and distinguishing between vaccine-exposed and field-pseudorabies-virus-exposed swine.
 10. “Differentiable vaccinate” means a swine which has only been exposed to a differentiable vaccine.
 11. “Differentiable vaccine” means a vaccine which has a licensed companion differentiable test, and includes a modified-live differentiable vaccine.
 12. “Direct movement” means movement of swine to a destination without unloading the swine en route, without contact with swine of lesser pseudorabies vaccinate status, and without contact with infected or exposed livestock.
 13. “Epidemiologist” means a state or federal veterinarian designated to investigate and diagnose suspected pseudorabies in livestock. The epidemiologist must have had special training in the diagnosis and epidemiology of pseudorabies.
 14. “Exhibition” means the same as defined in section 163.32.
 15. “Exposed” means an animal that has not been kept separate and apart or isolated from livestock infected with pseudorabies, including all swine in a known infected herd.
 16. “Exposed livestock” means livestock that have been in contact with livestock infected with pseudorabies, including all livestock in a known infected herd. However, livestock other than swine that have not been exposed to a clinical case of the disease for a period of ten consecutive days shall not be considered exposed livestock. Swine released from quarantine are no longer considered exposed.
 17. “Farm of origin” means a location where the swine were born, or on which the swine have been located for at least ninety consecutive days immediately prior to movement.
 18. “Feeder pig” means an immature swine fed for purposes of direct slaughter which weighs one hundred pounds or less.
 19. “Feeder pig cooperator herd” means a swine herd not currently determined to be pseudorabies negative, that has not experienced clinical signs of pseudorabies in the last six months, that is capable of segregating offspring at weaning into separate and apart production facilities, and has implemented an approved pseudorabies eradication plan.
 20. “Feeder swine” means swine fed for purposes of direct slaughter, including feeder pigs and cull swine. However, “feeder swine” does not include swine kept for purposes of breeding or reproduction.
 21. “Fixed concentration point” means a concentration point which is a permanent location where swine are assembled for purposes of sale and movement to a slaughtering establishment as provided in section 166D.12.
 22. “Herd” means a group of swine as established by departmental rule.
 23. “Herd cleanup plan” means a plan to eliminate pseudorabies from a swine herd. The plan must be developed by an epidemiologist in consultation with the herd owner and the owner’s veterinary practitioner. The plan must be approved and signed by the epidemiologist, the owner, and the practitioner. The plan must be approved and filed with the department.
 24. “Herd of unknown status” means all swine except swine which are part of a known infected herd, swine known to have been exposed to pseudorabies, or swine which are part of a noninfected herd.
 25. “Infected” means infected with pseudorabies as determined by an epidemiologist whose diagnosis is supported by test results.
 26. “Infected herd” means a herd that is known to contain infected swine, a herd containing swine exhibiting clinical signs of pseudorabies, or a herd that is infected according to an epidemiologist.
 27. “Inspection service” means the animal and plant health inspection service, United States department of agriculture.
 28. “Isolation” means separation of swine within a physical barrier in a manner to prevent swine from gaining access to swine outside the barrier, including excrement or discharges from swine outside the barrier. Swine in isolation must not share a building with a ventilation system common to other swine. Swine in isolation must not be maintained within ten feet of other swine.
 29. “Isowean feeder pig” means a feeder pig that weighs twenty pounds or less.
 30. “Known infected herd” means a herd in which swine have been determined by an epidemiologist to be infected.
 31. “Licensed pseudorabies vaccine” means a pseudorabies virus vaccine produced under license from the United States secretary of agriculture under the federal Virus-Serum-Toxin Act of March 4, 1913, 21 U.S.C. § 151 et seq.
 32. “Livestock” means swine, cattle, sheep, goats, horses, ostriches, rheas, or emus.
 33. “Monitored herd” means a herd of swine, including a feeder swine herd, which has been determined within the past twelve months not to be infected, according to a statistical sampling.
 34. “Move” or “movement” means the same as defined in section 163.30.
 35. “Noninfected herd” means a herd which is one of the following:

 a. A qualified pseudorabies negative herd.
 b. A pseudorabies monitored herd.
 c. A herd in which the animals have been individually tested negative within the past thirty days.
 d. A herd which originates from an area with little or no incidence of pseudorabies as determined by the department based upon epidemiological studies and information relating to the area.
 e. A qualified differentiable negative herd.
 36. “Nonvaccinate” means a swine which has not been exposed to a pseudorabies vaccine.
 37. “Pseudorabies” means the contagious, infectious, and communicable disease of livestock and other animals known as Aujeszky’s disease, mad itch, or infectious bulbar paralysis.
 38. “Pseudorabies eradication plan” means a written herd management program which is based on accepted statistical and epidemiological evaluation and designed to eradicate pseudorabies from the swine herds in a given area.
 39. “Qualified differentiable negative herd” means a herd in which one hundred percent of the herd’s breeding swine have been vaccinated and have reacted negatively to a differentiable test and which have been retested, as provided in this chapter.
 40. “Qualified negative herd” means a herd in which one hundred percent of the herd’s breeding swine have reacted negatively to a test, and have not been vaccinated, and which is retested as provided in this chapter.
 41. “Quarantined herd” means a herd in which pseudorabies infected or exposed swine are bred, reared, or fed under the supervision and control of the department, as provided in section 166D.9.
 42. “Reaction” means a result determined by an approved laboratory procedure designed to recognize pseudorabies virus infection or a nondifferentiable vaccinated animal.
 43. “Relocate” or “relocation” means the same as defined in section 163.30.
 44. “Relocation record” means a record as maintained by the owner of swine in a form and containing information as required by the rules adopted by the department, which indicates a relocation of swine as provided in section 166D.10.
 45. “Restricted movement” means swine which are moved or relocated as provided in section 166D.10A.
 46. “Separate and apart” means to hold swine so that neither the swine nor organic material originating from the swine has physical contact with other animals.
 47. “Slaughtering establishment” means a slaughtering establishment operated under the provision of the federal Meat Inspection Act, 21 U.S.C. § 601 et seq., or a slaughtering establishment which has been inspected by the state.
 48. “Stage II county” means a county designated by the department as in stage II of the national pseudorabies eradication program.
 49. “Statistical sampling” means a test based on at least a ninety percent probability of detecting at least a ten percent incidence of positive reaction within a herd.
 50. “Test” means a serum neutralization (SN) test, virus isolation test, ELISA test, or other test approved by the department and performed by a laboratory approved by the department.
 51. “Transportation certificate” means a written document evidencing that the movement or relocation of swine complies with the requirements of this chapter, and which may be a transportation certificate as provided in chapter 172B, or another document approved by the department, including but not limited to one or more types of forms covering different circumstances, as prescribed by the department.
  Previous section
Next section  
 Chapter 166D Contents