reglab/statecodes huggingface dataset:
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169 - VETERINARY PRACTICE › Section 169.8 - Qualifications.

169.8 Qualifications.
1. a. Any person desiring a license to practice veterinary medicine in this state shall make written application to the board on a form approved by the board. The application shall show that the applicant is a graduate of an accredited or approved college of veterinary medicine or the holder of an ECFVG certificate. The application shall also show such other information and proof as the board may require by rule. The application shall be accompanied by a fee in the amount established and published by the board.
b. If the board determines that the applicant possesses the proper qualifications, it shall admit the applicant to the next examination, or if the applicant is eligible for license without examination under section 169.10, the board may grant a license to the applicant.
c. If an applicant is found not qualified to take the examination or for a license without examination, the secretary of the board shall immediately notify the applicant in writing of such finding and the grounds therefor. An applicant found unqualified may request a hearing on the question of the applicant’s qualification under the procedure set forth in section 169.14. Any applicant who is found not qualified shall be allowed the return of the application fee.
d. Based upon an applicant’s education, experience, and training, the board may grant a limited license to an applicant to perform a restricted range of activities within the practice of veterinary medicine, as specified by the board.
2. a. The name, location, number of years of practice of the person to whom a license is issued, the number of the certificate, and the date of registration thereof shall be entered in a book kept in the office of the department of agriculture and land stewardship, to be known as the “registry book”, and the same shall be open to public inspection.
b. When any person licensed to practice under this chapter changes residence, the board shall be notified within thirty days and such change shall be noted in the registry book.
3. Every individual licensed under this chapter shall keep the license displayed in the place at which an office is maintained.
[S13, §2538-e, -i, -j; C24, 27, 31, 35, 39, §2767, 2768, 2775, 2776, 2786; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §169.4, 169.5, 169.13, 169.14, 169.23; C79, 81, §169.8]
83 Acts, ch 115, §5, 6; 90 Acts, ch 1117, §1; 2009 Acts, ch 41, §63
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169 - VETERINARY PRACTICE › Section 169.9 - Examinations.

169.9 Examinations.
1. The board shall hold at least one examination during each year and may hold such additional examinations as it deems necessary. The secretary shall give public notice of the time and place for each examination at least ninety days in advance of the date set for the examination. A person desiring to take an examination shall make application at least thirty days before the date of the examination.
2. The preparation, administration, and grading of examinations shall be governed by rules prescribed by the board. Examinations shall be designed to test the examinee’s knowledge of and proficiency in the subjects and techniques commonly taught in veterinary schools. To pass the examination, the examinee must demonstrate scientific and practical knowledge sufficient to establish competency to practice veterinary medicine in the judgment of the board. All examinees shall be tested by a written examination, supplemented by such oral interviews and practical demonstrations as the board may deem necessary. The board may adopt and use the examination prepared by the national board of veterinary examiners as a part of the examination given to examinees.
3. After each examination, the board shall notify each examinee of the examination result, and the board shall issue licenses to the individuals successfully completing the examination. The board shall record the new licenses and issue a certificate of registration to the new licensees. Any individual failing an examination shall be admitted to any subsequent examination on payment of the application fee.
4. In all written examinations the identity of the individual taking the same shall not be disclosed upon the examination papers in such a way as to enable the members of the examining board to know by whom written until after the papers have been passed upon.
[S13, §2538-e, -f, -i; C24, 27, 31, 35, 39, §2772, 2790 – 2792; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §169.10, 169.27 – 169.29; C79, 81, §169.9]
83 Acts, ch 115, §7; 2017 Acts, ch 54, §76
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169 - VETERINARY PRACTICE › Section 169.10 - License by endorsement.

169.10 License by endorsement.
1. The board may issue a license to practice veterinary medicine in this state without written examination to an applicant who meets all of the following requirements:
a. Has graduated from an accredited college of veterinary medicine or has received a certificate from the educational commission for foreign veterinary graduates at least five years prior to application.
b. Has actively practiced for at least two thousand hours during the five years preceding application.
c. Has not previously failed and not subsequently passed a veterinary licensing examination in this state.
d. Holds a current license to practice veterinary medicine in another state or United States territory or province of Canada.
e. Is not subject to license investigation, suspension, or revocation in any state, United States territory, or province of Canada.
f. Provides other information and proof as the board may require by rule.
2. The board may issue a license to practice veterinary medicine in this state without written or oral examination to an applicant who meets all of the following requirements:
a. Holds a current certification as a diplomate of a national specialty board or college recognized by the board by rule.
b. Is not subject to license investigation, suspension, or revocation in any state, United States territory, or province of Canada.
c. Provides other information and proof as the board may require by rule.
[S13, §2538-i, -i1; C24, 27, 31, 35, 39, §2794 – 2797; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §169.31 – 169.34; C79, 81, §169.10]
90 Acts, ch 1117, §2
Referred to in §169.8
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169 - VETERINARY PRACTICE › Section 169.11 - Temporary permit.

169.11 Temporary permit.
The board may issue without examination a temporary permit to practice veterinary medicine in this state:
1. To a qualified applicant for license pending examination and the temporary permit shall expire the day after the notice of results of the first examination given after the permit is issued. The temporary permit holder should keep the secretary continually advised of the permit holder’s current address.
2. To a nonresident veterinarian validly licensed in another state, territory, or district of the United States or a foreign country who pays the fee established and published by the board. Such temporary permit shall be issued for a period of no more than one hundred eighty days and no more than one permit shall be issued to a person during each calendar year.
[C79, 81, §169.11]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169 - VETERINARY PRACTICE › Section 169.12 - License renewal.

169.12 License renewal.
1. All licenses shall expire in multiyear intervals as determined by the board but may be renewed by registration with the board and payment of the registration renewal fee established and published by the board. Prior to expiration the secretary shall mail a notice to each licensed veterinarian that the license will expire and provide the licensee with a form for registration.
2. Any person who shall practice veterinary medicine after license expiration is practicing in violation of this chapter. However, a person may renew an expired license within five years of the date of its expiration by making written application for renewal and paying the current renewal fee plus all delinquent renewal fees. After five years have elapsed since the date of expiration, a license may not be renewed, and the holder must make application for a new license and take the license examination.
3. The board may by rule waive the payment of the registration renewal fee of a licensed veterinarian during the period when the veterinarian is on active duty with any branch of the armed services of the United States.
4. Any licensee who is desirous of changing residence to another state or territory shall, upon application to the department and payment of the legal fee, receive a certified statement that the licensee is a duly licensed practitioner in this state.
[S13, §2538-j; C24, 27, 31, 35, 39, §2769, 2769.1, 2798; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §169.6, 169.35; C79, 81, §169.12]
2017 Acts, ch 54, §76
Referred to in §169.13
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169 - VETERINARY PRACTICE › Section 169.16 - Reinstatement.

169.16 Reinstatement.
A person whose license is suspended or revoked may be relicensed or reinstated at any time by a vote of five members of the board after written application made to the board showing cause justifying relicensing or reinstatement. Examination of the applicant may be waived by the board.
[C79, 81, §169.16]
83 Acts, ch 115, §11
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169 - VETERINARY PRACTICE › Section 169.17 - Forgeries.

169.17 Forgeries.
Any person who shall file or attempt to file with the department or board of veterinary medicine any false or forged diploma or certificate or affidavit of identification or qualification is guilty of a fraudulent practice.
[C24, 27, 31, 35, 39, §2803; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §169.43; C79, 81, §169.17]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169 - VETERINARY PRACTICE › Section 169.18 - Fraud.

169.18 Fraud.
Any person who shall present to the department or board of veterinary medicine a diploma or certificate of which the person is not the rightful owner, for the purpose of procuring a license, or who shall falsely impersonate anyone to whom a license has been granted by said department, is guilty of a fraudulent practice.
[C24, 27, 31, 35, 39, §2804; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §169.44; C79, 81, §169.18]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169 - VETERINARY PRACTICE › Section 169.19 - Enforcement — penalties.

169.19 Enforcement — penalties.
1. Any person who practices veterinary medicine without a currently valid license or temporary permit is guilty of a fraudulent practice. Each act of such unlawful practice shall constitute a distinct and separate offense.
2. A person who shall practice veterinary medicine without a currently valid license or temporary permit shall not receive any compensation for services so rendered.
3. The county attorney of the county in which any violation of this chapter occurs shall conduct the necessary prosecution for such violation. Notwithstanding this provision, the board of veterinary medicine or any citizen of this state may bring an action to enjoin any person from practicing veterinary medicine without a currently valid license or temporary permit. The action brought to restrain a person from engaging in the practice of veterinary medicine without possessing a license shall be brought in the name of the state of Iowa. If the court finds that the individual is violating or threatening to violate this chapter it shall enter an injunction restraining the individual from such unlawful acts.
4. The successful maintenance of an action based on any one of the remedies set forth in this section shall in no way prejudice the prosecution of an action based on any other remedy set forth in this section.
5. The department shall cooperate with the board of veterinary medicine in the enforcement of the provisions of this chapter.
[S13, §2538-l; C24, 27, 31, 35, 39, §2805 – 2807; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §169.45 – 169.48; C79, 81, §169.19]
83 Acts, ch 115, §12; 2012 Acts, ch 1023, §157
Referred to in §331.756(27)
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169 - VETERINARY PRACTICE › Section 169.20 - Veterinary assistants.

169.20 Veterinary assistants.
1. A veterinarian may employ certified veterinary assistants for any purpose other than diagnosis, prescription or surgery. Veterinary assistants must act under the direct supervision of a licensed veterinarian.
2. The board shall issue certificates to veterinary assistants who have met the educational, experience and testing requirements as the board shall specify by rule. The certificate is not a license and does not expire. The certificate may be suspended or revoked, or any other disciplinary action may be taken as specified in section 272C.3, subsection 2. All disciplinary actions shall be taken pursuant to section 169.14.
83 Acts, ch 115, §1
Referred to in §169.4
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169 - VETERINARY PRACTICE › Section 169.21 - Limitations of actions.

169.21 Limitations of actions.
Any action for professional negligence against an individual licensed under this chapter resulting in damage to property shall not be brought more than two years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of, the injury for which damages were sought in the action, whichever of the dates occurs first. For purposes of this section, “property” includes an animal.
2021 Acts, ch 81, §1
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.1 - Definitions.

169A.1 Definitions.
When used in this chapter:
1. “Animal” means a creature belonging to the bovine, caprine, equine, ovine, or porcine species; ostriches, rheas, or emus; farm deer as defined in section 170.1; or poultry.
2. “Brand” means an identification mark that is burned into the hide of a live animal by a hot iron or another method approved by the secretary. A brand shall include a cryo-brand.
3. “Computer” means the same as defined in section 22.3A.
4. “Cryo-brand” means a brand produced by application of extreme cold temperature.
5. “Identification device” means a device which when installed is designed to store information regarding an animal or the animal’s owner in an electronic format which may be accessed by a computer for purposes of reading or manipulating the information.
6. “Install” means to place an identification device onto or beneath the hide or skin of an animal, including but not limited to fixing the device into the ear of an animal or implanting the device beneath the skin of the animal.
7. “Livestock” means horses, cattle, sheep, mules, or asses.
[C66, 71, 73, 75, 77, 79, 81, §187.1]
86 Acts, ch 1245, §635
C93, §169A.1
95 Acts, ch 60, §1; 98 Acts, ch 1208, §1; 2003 Acts, ch 149, §2, 23
Further definitions; see §159.1
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.2 - Adoption of brand.

169A.2 Adoption of brand.
Any person owning livestock may adopt a brand for the purpose of branding the livestock. The person shall have the exclusive right to use the brand in this state, after recording the brand as provided in sections 169A.4 and 169A.6 or 169A.9.
[C66, 71, 73, 75, 77, 79, 81, §187.2]
C93, §169A.2
95 Acts, ch 60, §2
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.3 - Must be recorded.

169A.3 Must be recorded.
Evidence of an animal’s ownership shall not be established in court by the animal’s brand, unless the animal is livestock, the brand complies with the requirements of this chapter, and the brand is recorded as provided in sections 169A.4 and 169A.6 or 169A.9.
[C66, 71, 73, 75, 77, 79, 81, §187.3]
C93, §169A.3
95 Acts, ch 60, §3
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.4 - Recording — fee.

169A.4 Recording — fee.
A person desiring to adopt a brand shall forward to the secretary a brand application on forms approved by the secretary and providing for the desired brand, together with a recording fee of twenty-five dollars. Upon receipt, the secretary shall file the application and fee, unless the brand is of record of another person or conflicts with or closely resembles the brand of another person. If the secretary determines that such brand is of record or conflicts with or closely resembles the brand of another person, the secretary shall not record it but shall return the facsimile and fee to the forwarding person. However, the secretary shall renew a conflicting brand if the brand was originally recorded prior to July 1, 1996, and the brand is renewed as provided in section 169A.13. The department may notify each owner of a conflicting brand that the owner may record a nonconflicting brand. The power of examination, approval, acceptance, or rejection shall be vested in the secretary. The secretary shall file all brands offered for record pending the examination provided for in this section. The secretary shall make such examination as promptly as possible. If the brand is accepted, the brand’s ownership shall vest in the person recording it from the date of filing.
[C51, §921 – 923; R60, §1556 – 1558; C73, §1480, 1481, 3809; C97, §2335, 2336; C24, 27, 31, 35, 39, §2977, 2978; C46, 50, 54, 58, 62, §187.2, 187.3; C66, 71, 73, 75, 77, 79, 81, §187.4]
C93, §169A.4
96 Acts, ch 1119, §1; 2001 Acts, ch 183, §20; 2002 Acts, ch 1050, §61, 65
Referred to in §169A.2, 169A.3, 169A.5, 169A.8, 169A.13
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.5 - Effect of record.

169A.5 Effect of record.
The recording provided for in sections 169A.4 and 169A.6 or 169A.9 shall secure the brand to the person and shall be considered personal property of said owner.
[C66, 71, 73, 75, 77, 79, 81, §187.5]
C93, §169A.5
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.6 - Certified copy furnished.

169A.6 Certified copy furnished.
As soon as the brand is recorded by the secretary, the secretary shall furnish the owner of the brand with a certified copy of the record of the brand.
[C66, 71, 73, 75, 77, 79, 81, §187.6]
C93, §169A.6
95 Acts, ch 60, §4
Referred to in §169A.2, 169A.3, 169A.5, 169A.10
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.7 - Unlawful use of brand — penalty.

169A.7 Unlawful use of brand — penalty.
A person shall not use any brand for branding livestock, unless the brand has been recorded as provided by this chapter. A person may use an unrecorded hot brand or an unrecorded cryo-brand, consisting only of Arabic numerals, if the person uses the unrecorded brand in conjunction with the person’s recorded brand, and only for purposes of identifying animals within a herd. However, the unrecorded brand shall not be evidence of ownership. A person convicted of violating this section shall be guilty of an aggravated misdemeanor.
[C66, 71, 73, 75, 77, 79, 81, §187.7]
C93, §169A.7
95 Acts, ch 60, §5
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.8 - Sale or assignment of brand.

169A.8 Sale or assignment of brand.
Any brand recorded as provided in section 169A.4 shall be the property of the person causing such record to be made and shall be subject to sale, assignment, transfer, devise, and descent as personal property. Instruments of writing, evidencing the sale, assignment, or transfer of such brand shall be recorded by the secretary and the fee for recording such sale, assignment, or transfer shall be in an amount established by rule of the secretary pursuant to chapter 17A, which amount shall be based upon the administrative costs of maintaining the brand program provided for by this chapter.
[C66, 71, 73, 75, 77, 79, 81, §187.8]
C93, §169A.8
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.9 - Certified copy to new owner.

169A.9 Certified copy to new owner.
As soon as instruments of writing evidencing the sale, assignment, or transfer of a brand have been recorded by the secretary, the secretary shall furnish such new owner one certified copy of such sale, assignment, or transfer.
[C66, 71, 73, 75, 77, 79, 81, §187.9]
C93, §169A.9
Referred to in §169A.2, 169A.3, 169A.5, 169A.10
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.10 - Evidence of ownership — investigations.

169A.10 Evidence of ownership — investigations.
1. In a suit at law or equity or in any criminal proceedings in which the title to an animal is an issue, the following shall be admissible as evidence:
a. A certified copy of a record as provided for in section 169A.6 or 169A.9. The certified copy shall be prima facie evidence of the ownership of livestock by the person in whose name the brand is recorded.
b. Information stored in an identification device which identifies the owner of an animal. The information shall be prima facie evidence of the ownership of the animal, if all of the following apply:
(1) The identification device meets applicable design standards adopted by the international standard organization, or which may be adopted by the department.
(2) The identification device is installed according to manufacturer’s requirements.
(3) The information is not in conflict with a certified copy of a record as provided for in section 169A.6 or 169A.9.
c. The results of a sheriff’s investigation as provided in this section.
2. A dispute involving the custody or ownership of an animal branded or subject to electronic identification under this chapter shall be investigated, on request, by the sheriff of the county where the animal is located. The sheriff may call upon the services of an authorized person, approved by the secretary, in reading the brands on animals. The cost of the services shall be paid by the person requesting the investigation. The results of the sheriff’s investigation are a public record.
[C66, 71, 73, 75, 77, 79, 81, §187.10]
C93, §169A.10
95 Acts, ch 60, §6; 98 Acts, ch 1208, §2
Referred to in §331.653
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.11 - Publication of brands list.

169A.11 Publication of brands list.
The secretary from time to time shall publish on the internet a list of all brands on record at the time of the publication. The publication shall contain a facsimile of all brands recorded and the owner’s name and post office address. The records shall be arranged in convenient form for reference.
[C66, 71, 73, 75, 77, 79, 81, §187.11]
C93, §169A.11
95 Acts, ch 60, §7; 2012 Acts, ch 1095, §60
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.13 - Renewal of brand and fee.

169A.13 Renewal of brand and fee.
Each owner of a brand which is recorded pursuant to section 169A.4 shall renew the brand every five years after originally recording the brand and pay a renewal fee. The amount of the renewal fee is twenty-five dollars. The secretary shall notify every owner of a brand of record at least thirty days prior to the date of the renewal period. If the owner of a brand of record does not renew the brand and pay the renewal fee within six months after it is due, the owner shall forfeit the brand and the brand shall no longer be recorded. A forfeited brand shall not be issued to any other person for five years following date of forfeiture.
[C66, 71, 73, 75, 77, 79, 81, §187.13]
C93, §169A.13
95 Acts, ch 60, §8; 96 Acts, ch 1034, §8; 2001 Acts, ch 183, §21; 2002 Acts, ch 1119, §24
Referred to in §169A.4
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.13A - Branding administration fund.

169A.13A Branding administration fund.
1. A branding administration fund is created in the state treasury under the control of the department. The fund is composed of moneys collected in fees as provided in this chapter, moneys appropriated by the general assembly, and moneys available to and obtained or accepted by the department from the United States or private sources for placement in the fund.
2. The fund is subject to warrants written by the director of the department of administrative services, drawn upon the written requisition of the department.
3. Moneys in the fund are appropriated to the department for the exclusive purpose of supporting the administration of this chapter by the department.
4. The department may adopt rules pursuant to chapter 17A to administer this section.
5. Section 8.33 shall not apply to moneys in the fund. Notwithstanding section 12C.7, moneys earned as income, including as interest, from the fund shall remain in the fund until expended as provided in this section.
2001 Acts, ch 183, §22; 2003 Acts, ch 145, §286
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169A - MARKING AND BRANDING OF LIVESTOCK › Section 169A.14 - Tampering.

169A.14 Tampering.
1. A person shall not do any of the following to an animal:
a. Brand, attempt to brand, or cause to be branded livestock, without authorization from the owner.
b. Efface, deface, or obliterate or attempt to efface, deface, or obliterate a brand, without authorization from the owner of the livestock.
c. Brand, attempt to brand, or cause to be branded a recorded brand on livestock, without authorization of the owner of the brand.
d. Install an electronic device or remove or damage an installed electronic device, without authorization from the owner of an animal.
2. A person violating this section is guilty of a fraudulent practice as provided in chapter 714.
[C66, 71, 73, 75, 77, 79, 81, §187.14]
C93, §169A.14
98 Acts, ch 1208, §3
Referred to in §169.4
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169C - TRESPASSING OR STRAY LIVESTOCK › Section 169C.1 - Definitions.

169C.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Aggrieved party” means a landowner or a local authority.
2. “County system” means the same as defined in section 445.1.
3. “Fence” means a fence as described in chapter 359A which is lawful and tight as provided in that chapter, including but not limited to a partition fence. For purposes of this chapter, “fence” includes a fence bordering a public road.
4. “Landowner” means a person who holds an interest in land, including a titleholder or tenant.
5. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species; ostriches, rheas, or emus; farm deer as defined in section 170.1; or poultry.
6. “Livestock care provider” means a person designated by a local authority to provide care to livestock which is distrained by a local authority.
7. “Livestock owner” means the person who holds title to livestock or who is primarily responsible for the care and feeding of the livestock as provided by the titleholder.
8. “Local authority” means a city as defined in section 362.2 or a county as provided in chapter 331.
9. “Maintenance” means the provision of shelter, food, water, or a nutritional formulation as required pursuant to chapter 717.
10. “Public road” means a thoroughfare and its right-of-way, whether reserved by public ownership or easement, for use by the traveling public.
97 Acts, ch 57, §1; 2003 Acts, ch 149, §3, 23; 2007 Acts, ch 64, §1; 2010 Acts, ch 1118, §1
Referred to in §314.30
Further definitions, see §159.1
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169C - TRESPASSING OR STRAY LIVESTOCK › Section 169C.2 - Custody.

169C.2 Custody.
A landowner may take custody of livestock if the livestock trespasses upon the landowner’s land or strays from the livestock owner’s control on a public road which adjoins the landowner’s land. A local authority may take custody of the livestock as provided by the local authority. The landowner shall not transfer custody of the livestock to a person other than the livestock owner or a local authority, unless the livestock owner approves of the transfer. A local authority shall not transfer custody of the livestock to a person other than the livestock owner or a livestock care provider.
97 Acts, ch 57, §2
Referred to in §169C.4, 169C.5, 314.30
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169C - TRESPASSING OR STRAY LIVESTOCK › Section 169C.3 - Notice to livestock owner.

169C.3 Notice to livestock owner.
1. a. If livestock trespasses upon a landowner’s land or the landowner takes custody of the livestock, the landowner shall deliver notice of the trespass or custody to the livestock owner within forty-eight hours following discovery of the trespass or taking custody of livestock which has not trespassed. If a local authority takes custody of the livestock, the local authority shall deliver notice of the custody to the livestock owner within forty-eight hours after taking custody of the livestock. The forty-eight-hour period shall exclude any time that falls on a Sunday or a holiday recognized by the state or the United States. The notice shall be made in writing and delivered by certified mail or personal service to the last known mailing address of the livestock owner.
b. If the aggrieved party does not know the name and address of the livestock owner, the aggrieved party shall make reasonable efforts to determine the identity of the livestock owner. The reasonable efforts shall include obtaining the name and address of the owner of the brand appearing on the livestock from the department of agriculture and land stewardship under chapter 169A. If the name and address of the livestock owner cannot be determined, the aggrieved party shall publish the notice as soon as possible at least once each week for two consecutive weeks in a newspaper having general circulation in the county where the livestock is located.
2. A notice required under this section shall at least provide all of the following:
a. The name and address of the landowner or local authority.
b. A description of the livestock and where it trespassed or strayed.
c. An estimate of the amount of the livestock owner’s liability.
97 Acts, ch 57, §3
Referred to in §169C.4, 169C.5
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169C - TRESPASSING OR STRAY LIVESTOCK › Section 169C.4 - Liability.

169C.4 Liability.
1. A livestock owner shall be liable to the following persons:
a. To a landowner for damages caused by the livestock owner’s livestock which have trespassed on the landowner’s land, including but not limited to property damage and costs incurred by the landowner’s custody of the livestock including maintenance costs. A livestock owner’s liability is not affected by the failure of a landowner to take custody of the livestock. A livestock owner shall not be liable for damages incurred by a landowner if the livestock trespassed through a fence that was not maintained by the landowner as required pursuant to chapter 359A.
b. To a landowner who takes custody of livestock on a public road as provided in section 169C.2 for costs incurred by the landowner in taking custody of the livestock, including maintenance costs.
c. To a local authority which takes custody of livestock for costs incurred by the local authority in taking custody of the livestock, including maintenance costs.
2. An aggrieved party who fails to provide timely notice of a livestock’s trespass or custody as required by section 169C.3 shall not be entitled to compensation for damages for the period of time during which the aggrieved party fails to provide timely notice.
3. A landowner is not liable for an injury or death suffered by the livestock in the landowner’s custody, unless the landowner caused the injury or death. The landowner is not liable for livestock that strays from the landowner’s land. An aggrieved party is not liable for livestock that strays from the control of the aggrieved party.
97 Acts, ch 57, §4; 98 Acts, ch 1100, §21, 22
Referred to in §314.30
2023 Iowa Code › Title V - AGRICULTURE › Chapter 169C - TRESPASSING OR STRAY LIVESTOCK › Section 169C.6 - Habitual trespass.

169C.6 Habitual trespass.
A habitual trespass occurs when livestock trespasses from the land where the livestock are kept onto the land of a neighboring landowner or strays from the land where the livestock are kept onto a public road, and on three or more separate occasions within the prior twelve-month period the same or different livestock kept on that land have trespassed onto the land of the same neighboring landowner or strayed from the land where the livestock are kept onto the same public road.
1. The local authority upon its own initiative or upon receipt of a complaint shall determine whether livestock are trespassing or straying from the land where the livestock are kept onto a public road, and make a record of its findings.
2. a. Once a habitual trespass occurs, a neighboring landowner may request that the responsible landowner of the land where the trespassing or stray livestock are kept erect or maintain a fence on the land. The neighboring landowner shall make the request to the responsible landowner in writing. The responsible landowner may compel an adjacent landowner to contribute to the erection or maintenance of the fence as provided in chapter 359A.
b. If the responsible landowner does not erect or maintain a fence within thirty days after receiving the request, the neighboring landowner may apply to the fence viewers as provided in chapter 359A as if the matter were a controversy between the responsible landowner and an adjacent landowner, and the matter shall be resolved by an order issued by the fence viewers, subject to appeal, as provided in chapter 359A. The neighboring landowner shall be a party to the controversy as if the neighboring party were an adjacent landowner. The neighboring landowner is not liable for erecting or maintaining the fence, unless the neighboring landowner is an adjacent landowner who is otherwise required to make a contribution under chapter 359A.
3. If the fence is not erected or maintained as required in section 359A.6, and upon the written request of the board of township trustees, the board of supervisors of the county where the fence is to be erected or maintained shall act in the same manner as the board of township trustees under that section, including by erecting or maintaining the fence, ordering payment from a defaulted party, and certifying an amount due to the county treasurer in the same manner as in section 359A.6. The amount due shall include the total costs required to erect or maintain the fence and a penalty equal to five percent of the total costs. The amount shall be placed upon the county system and collected in the same manner as ordinary taxes. Upon certification to the county treasurer, the amount assessed shall be a lien on the parcel until paid.
2007 Acts, ch 64, §2; 2010 Acts, ch 1118, §2
Referred to in §314.30, 359A.22A, 445.1
2023 Iowa Code › Title V - AGRICULTURE › Chapter 170 - FARM DEER › Section 170.1 - Definitions.

170.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Chronic wasting disease” means the animal disease afflicting deer, elk, or moose that is a transmissible disease of the nervous system resulting in distinctive lesions in the brain and that belongs to the group of diseases that is known as transmissible spongiform encephalopathies (TSE).
2. “Council” means the farm deer council established pursuant to section 170.2.
3. “Department” means the department of agriculture and land stewardship.
4. a. “Farm deer” means an animal belonging to the cervidae family and classified as part of the dama species of the dama genus, commonly referred to as fallow deer; part of the elaphus species of the cervus genus, commonly referred to as red deer or elk; part of the virginianus species of the odocoileus genus, commonly referred to as whitetail; part of the hemionus species of the odocoileus genus, commonly referred to as mule deer; part of the nippon species of the cervus genus, commonly referred to as sika; or part of the alces species of the alces genus, commonly referred to as moose.
b. “Farm deer” does not include any unmarked free-ranging elk, whitetail, or mule deer. “Farm deer” also does not include preserve whitetail which are kept on a hunting preserve as provided in chapter 484C.
5. “Fence” means a boundary fence which encloses farm deer within a landowner’s property as required to be constructed and maintained pursuant to section 170.4.
6. “Landowner” means a person who holds an interest in land, including a titleholder or tenant.
2003 Acts, ch 149, §4, 23; 2005 Acts, ch 139, §1; 2012 Acts, ch 1095, §58, 59
Referred to in §10.1, 167.22, 169A.1, 169C.1, 189A.2, 190A.2, 423.1, 481A.1, 481A.134, 481A.135, 673A.3, 716.7, 716.7A, 716.8, 716.13, 716.14, 717.1
2023 Iowa Code › Title V - AGRICULTURE › Chapter 170 - FARM DEER › Section 170.1A - Application of chapter.

170.1A Application of chapter.
1. A landowner shall not keep whitetail unless the whitetail are kept as farm deer under this chapter or kept as preserve whitetail on a hunting preserve pursuant to chapter 484C.
2. This chapter authorizes the department of agriculture and land stewardship to regulate whitetail kept as farm deer. However, the department of natural resources shall regulate preserve whitetail kept on a hunting preserve pursuant to chapter 484C.
2005 Acts, ch 139, §2
2023 Iowa Code › Title V - AGRICULTURE › Chapter 170 - FARM DEER › Section 170.2 - Farm deer council.

170.2 Farm deer council.
1. A farm deer council is established within the department.
a. The council shall consist of not more than seven members who shall be appointed by the secretary of agriculture. All members must be actively engaged in the production of farm deer and at least four members must be actively engaged in the production of whitetail as farm deer.
b. The members of the council shall serve staggered terms of two years, except that the initial council members shall serve terms of unequal length. A person appointed to fill a vacancy for a member shall serve only for the unexpired portion of the term. A member is eligible for reappointment for three successive terms.
c. The council shall elect a chairperson and meet according to rules adopted by the council. A majority of the council constitutes a quorum and an affirmative vote of a majority of members is necessary for substantive action taken by the council. The majority shall not include any member who has a conflict of interest and a statement by a member of a conflict of interest shall be conclusive for this purpose. A vacancy in the membership does not impair the right of a quorum to exercise all rights and perform all duties of the council.
d. A member of the council is not entitled to receive expenses incurred in the discharge of the member’s duties on the council. A member is also not entitled to receive compensation as otherwise provided in section 7E.6.
2. The council shall do all of the following:
a. Monitor conditions relating to the production of farm deer, the processing of farm deer products, and the marketing of such products. The council shall advise the department about health issues affecting farm deer, including but not limited to chronic wasting disease, and related regulations or practices.
b. Advise the department about the administration and enforcement of this chapter, including but not limited to consulting with the department regarding the rules adopted under this chapter, the certification of fences, and disciplinary actions. However, the council shall not control policy decisions or direct the administration or enforcement of this chapter.
2003 Acts, ch 149, §5, 23
Referred to in §170.1, 170.3B
2023 Iowa Code › Title V - AGRICULTURE › Chapter 170 - FARM DEER › Section 170.3 - Departmental jurisdiction — administration and enforcement.

170.3 Departmental jurisdiction — administration and enforcement.
1. Farm deer are livestock as provided in this title and are principally subject to regulation by the department of agriculture and land stewardship, and also the department of natural resources as specifically provided in this chapter. The regulations adopted by the department of agriculture and land stewardship may include but are not limited to providing for the importation, transportation, and disease control of farm deer. The department of natural resources shall not require that the landowner be issued a license or permit for keeping farm deer or for the construction of a fence for keeping farm deer.
2. The department of agriculture and land stewardship and the department of natural resources shall cooperate in administering and enforcing this chapter.
2003 Acts, ch 149, §6, 23
2023 Iowa Code › Title V - AGRICULTURE › Chapter 170 - FARM DEER › Section 170.3A - Chronic wasting disease control program.

170.3A Chronic wasting disease control program.
The department shall establish and administer a chronic wasting disease control program for the control of chronic wasting disease which threatens farm deer. The program shall include procedures for the inspection and testing of farm deer, responses to reported cases of chronic wasting disease, and methods to ensure that owners of farm deer may engage in the movement and sale of farm deer.
2005 Acts, ch 172, §21
Referred to in §170.3C
See also §167.22
2023 Iowa Code › Title V - AGRICULTURE › Chapter 170 - FARM DEER › Section 170.3B - Farm deer administration fee.

170.3B Farm deer administration fee.
The department may establish a farm deer administration fee which shall be annually imposed on each landowner who keeps farm deer in this state. The amount of the fee shall not exceed two hundred dollars per year. The fee shall be collected by the department in a manner specified by rules adopted by the department after consulting with the farm deer council established in section 170.2. The collected fees shall be credited to the farm deer administration fund created pursuant to section 170.3C.
2005 Acts, ch 172, §22
Referred to in §170.3C
2023 Iowa Code › Title V - AGRICULTURE › Chapter 170 - FARM DEER › Section 170.3C - Farm deer administration fund — appropriation.

170.3C Farm deer administration fund — appropriation.
A farm deer administration fund is created in the state treasury under the control of the department.
1. The fund shall be composed of moneys appropriated by the general assembly and moneys available to and obtained or accepted by the department from the United States or private sources for placement in the fund. The fund shall include all moneys collected from the farm deer administration fee as provided in section 170.3B.
2. The moneys in the fund are appropriated exclusively to the department for the purpose of administering the chronic wasting disease control program as provided in section 170.3A.
3. Section 8.33 shall not apply to moneys credited to the fund. Notwithstanding section 12C.7, moneys earned as income or interest from the fund shall remain in the fund until expended as provided in this section.
2005 Acts, ch 172, §23
Referred to in §170.3B
2023 Iowa Code › Title V - AGRICULTURE › Chapter 170 - FARM DEER › Section 170.4 - Requirements for keeping whitetail — fence certification.

170.4 Requirements for keeping whitetail — fence certification.
A landowner shall not keep whitetail as farm deer, unless the whitetail is kept on land which is enclosed by a fence. The fence must be constructed and maintained as prescribed by rules adopted by the department. A landowner shall not keep the whitetail unless the fence is certified in a manner and according to procedures required by the department. The fence shall be constructed and maintained to ensure that whitetail are kept in the enclosure and that other deer are excluded from the enclosure. A fence that is constructed on or after May 23, 2003, shall be at least eight feet in height above ground level. The department of agriculture and land stewardship may require that the fence is inspected and approved prior to certification. The department of natural resources may periodically inspect the fence according to appointment with the enclosure’s landowner.
2003 Acts, ch 149, §7, 23
Referred to in §170.1, 170.5, 170.6, 170.8
2023 Iowa Code › Title V - AGRICULTURE › Chapter 170 - FARM DEER › Section 170.5 - Requirements for releasing whitetail — property interests.

170.5 Requirements for releasing whitetail — property interests.
A person shall not release whitetail kept as farm deer onto land unless the landowner complies with all of the following:
1. The landowner must notify the department of natural resources and the department of agriculture and land stewardship at least thirty days prior to first releasing the whitetail on the land. The notice shall be provided in a manner required by the departments. The notice must at least provide all of the following:
a. A statement verifying that the fence which encloses the land is certified by the department of agriculture and land stewardship pursuant to section 170.4.
b. The landowner’s name.
c. The location of the land enclosed by the fence.
2. The landowner shall cooperate with the department of natural resources and the department of agriculture and land stewardship to remove any whitetail from the enclosed land. However, after the thirtieth day following receipt of the notice, the state shall relinquish its property interest in any remaining whitetail that the landowner and the cooperating departments were unable to remove from the enclosed land. Any remaining whitetail existing at that time on the enclosed land, and any progeny of the whitetail, shall become property of the landowner.
2003 Acts, ch 149, §8, 23
Referred to in §170.6, 481A.130
2023 Iowa Code › Title V - AGRICULTURE › Chapter 170 - FARM DEER › Section 170.6 - Disciplinary proceedings.

170.6 Disciplinary proceedings.
1. The department of agriculture and land stewardship may suspend or revoke a certification issued pursuant to section 170.4 if the department determines that a landowner has done any of the following:
a. Provided false information to the department in an application for certification pursuant to section 170.4.
b. Failed to provide notice or access to the department of natural resources and the department of agriculture and land stewardship as required by section 170.5.
c. Failed to maintain a fence enclosing the land where a whitetail is kept as required in section 170.4.
d. Forces or lures a whitetail that is property of the state onto the enclosed land.
e. Restrains or inhibits a whitetail that is property of the state from leaving the enclosed land.
f. Takes a whitetail that is property of the state which is enclosed on the property in violation of a chapter in Title XI, subtitle 6.
2. If the department suspends a landowner’s certification, the landowner shall not release additional whitetail onto the enclosed land, unless otherwise provided in the department’s order for suspension. If the department revokes a landowner’s certification under this section, the landowner shall provide for the disposition of the enclosed whitetail by any lawful means.
2003 Acts, ch 149, §9, 23; 2003 Acts, ch 179, §66
2023 Iowa Code › Title V - AGRICULTURE › Chapter 170 - FARM DEER › Section 170.7 - Department of natural resources — investigations.

170.7 Department of natural resources — investigations.
This chapter does not prevent the department of natural resources from conducting an investigation of a violation of fish and game laws, including but not limited to a provision of Title XI, subtitle 6. The department of natural resources may obtain a warrant to search the enclosed land pursuant to chapter 808. This chapter does not prevent the department of natural resources from examining the landowner’s business records according to appointment with the enclosure’s landowner. The records include but are not limited to those relating to whitetail inventories, health, inspections, or shipments; and the enclosure’s fencing.
2003 Acts, ch 149, §10, 23