ARC 8026C

ARC 8026C

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Adopted and Filed Emergency

Rulemaking related to highly pathogenic avian influenza

The Agriculture and Land Stewardship Department hereby amends Chapter 64, "Infectious and Contagious Diseases," Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code section 163.1.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 163.

Purpose and Summary

These amendments move highly pathogenic avian influenza (HPAI) to an all-species reportable disease. It is currently listed as an avian-only reportable disease.

Reason for Adoption of Rulemaking Without

Prior Notice and Opportunity for Public Participation

Pursuant to Iowa Code section 17A.4(3), the Department finds that notice and public participation are unnecessary or impractical because emergency adoption was approved by the Administrative Rules Review Committee (ARRC).

In compliance with Iowa Code section 17A.4(3)"a," the ARRC at its May 6, 2024, meeting reviewed the Department's determination and this rulemaking and approved the emergency adoption.

Reason for Waiver of Normal Effective Date

Pursuant to Iowa Code section 17A.5(2)"b"(1)(c), the Department also finds that the normal effective date of this rulemaking, 35 days after publication, should be waived and the rulemaking made effective as soon as possible upon approval by the ARRC. Earlier adoption of this rulemaking will allow the Department to better respond to the emerging foreign animal disease concerns related to HPAI in dairy animals, which will confer a benefit to the public.

Adoption of Rulemaking

This rulemaking was adopted by the Department on May 6, 2024.

Concurrent Publication of Notice of Intended Action

In addition to its adoption on an emergency basis, this rulemaking has been initiated through the normal rulemaking process and is published herein under Notice of Intended Action as ARC 8025C to allow for public comment.

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.

Review by Administrative Rules Review Committee

The ARRC, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The ARRC's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rulemaking became effective on May 7, 2024.

The following rulemaking action is adopted:

Item 1. Amend subrule 64.1(1) as follows:

64.1(1) Multiple species diseases.

●Anthrax

●Aujeszky's disease

●Bluetongue

●Brucellosis (Brucella abortus)

●Brucellosis (Brucella melitensis)

●Brucellosis (Brucella suis)

●Crimean Congo haemorrhagic fever

●Echinococcosis/hydatidosis

●Epizootic haemorrhagic disease

●Equine encephalomyelitis (Eastern)

●Foot and mouth disease

●Heartwater

●Highly pathogenic avian influenza

●Japanese encephalitis

●Johne's disease

●Leptospirosis

●New world screwworm (Cochliomyia hominivorax)

●Old world screwworm (Chrysomya bezziana)

●Q fever

●Rabies

●Rift Valley fever

●Rinderpest

●Surra (Trypanosoma evansi)

●Trichinellosis

●Tularemia

●Vesicular stomatitis

●West Nile fever

Item 2. Amend subrule 64.1(6) as follows:

64.1(6) Avian diseases.

●Avian chlamydiosis

●Avian infectious bronchitis

●Avian infectious laryngotracheitis

●Avian mycoplasmosis (M. gallisepticum)

●Avian mycoplasmosis (M. synoviae)

●Duck virus hepatitis

●Fowl cholera

●Fowl typhoid

●Highly pathogenic avian influenza and low Low pathogenic avian influenza in poultry

●Infectious bursal disease (Gumboro disease)

●Marek's disease

●Newcastle disease

●Pullorum disease

●Turkey rhinotracheitis

[Filed Emergency 5/7/24, effective 5/7/24]

[Published 5/29/24]

Editor's Note: For replacement pages for IAC, see IAC Supplement 5/29/24.