Section 267.169

Title XVII AGRICULTURE AND ANIMALS

Chapter 267

Effective - 14 Oct 2016, see footnote, highlighted 1    

  *267.169.  Certain livestock data not subject to disclosure — exceptions. — 1.  For purposes of this section, the term animal shall mean the same as the term livestock as defined in section 277.020.

  2.  The following data shall not be considered a public record and shall not be subject to disclosure under chapter 610:

  (1)  Premises registration data collected from participants in the federal Animal Disease Traceability Program, or any successor program;

  (2)  Animal identification data collected from participants in the federal Animal Disease Traceability Program, or any successor program; and

  (3)  Animal tracking data collected from participants in the federal Animal Disease Traceability Program, or any successor program.

  3.  Notwithstanding the provisions of subsection 2 of this section, the director of any state agency or the state veterinarian within the department of agriculture shall release information otherwise not considered a public record subject to disclosure to the extent that the information is:

  (1)  Useful in controlling or preventing a disease outbreak;

  (2)  For public safety purposes; or

  (3)  To show particular animals or herds are or are not involved in a disease outbreak.

  4.  Nothing in this section shall prevent the disclosure of information:

  (1)  Described in subsection 2 of this section if such information has been transformed into a statistical or aggregate form that prevents the information from directly or indirectly naming or identifying any individual owner, operator, producer, operation, farmer, rancher, or a specific data gathering site;

  (2)  Described in subsection 2 of this section pursuant to the expressed written consent of the farmer or rancher; or

  (3)  Required by law as a condition of compliance with any state agency regulatory function.

  5.  Any person who knowingly releases information not subject to public disclosure under this section shall be considered to be violating the provisions of this section.  Any entity or person alleging a violation of this section may bring an action in any court of competent jurisdiction.  A court may order any appropriate relief necessary, including damages not to exceed ten thousand dollars and reasonable attorney's fees.

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(L. 2016 H.B. 1414)

*Effective 10-14-16, see § 21.250.  H.B. 1414 was vetoed July 8, 2016. The veto was overridden on September 14, 2016.