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Senate File 311 - IntroducedA Bill ForAn Act 1providing for programs and regulations administered
2and enforced by the department of agriculture and land
3stewardship, providing fees, providing for the allocation of
4moneys, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2REGULATION OF COMMERCIAL ESTABLISHMENTS
3 Section 1. Section 162.2, subsection 19, Code 2023, is
4amended by striking the subsection and inserting in lieu
5thereof the following:
619. “Pet shop” means a facility where vertebrate animals,
7excluding fish, not born and reared on the facility’s premises
8are bought, sold, exchanged, or offered for sale or exchange to
9the public, at retail. “Pet shop” does not include a facility
10if one of the following applies:
11a. The facility receives less than one thousand dollars from
12the sale or exchange of vertebrate animals, excluding fish,
13during a twelve-month period.
14b. The facility sells or exchanges less than twelve
15vertebrate animals, excluding fish, during a twelve-month
16period.
17 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code
182023, is amended to read as follows:
19d. The person’s An official government-issued photo
20 identification number of the person. Notwithstanding chapter
2122, the department shall keep the person’s tax identification
22number confidential except for purposes of tax administration
23by the department of revenue, including as provided in section
24421.18.
25DIVISION II
26GRAIN REGULATION
27PART A
28GRAIN DEALERS
29 Sec. 3. Section 203.1, Code 2023, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 12A. “Scale weight ticket” means the same
32as defined in section 203C.1.
33 Sec. 4. Section 203.5, subsection 8, paragraph a, Code 2023,
34is amended to read as follows:
35a. The applicant has caused liability to the Iowa grain
-1-1depositors and sellers indemnity fund in regard to a license
2issued under this chapter or chapter 203C, and the liability
3has not been discharged, settled, or satisfied.
4 Sec. 5. Section 203.11, subsection 2, paragraph a,
5subparagraph (3), Code 2023, is amended to read as follows:
6(3) Uses a scale weight ticket or credit-sale contract in
7violation of this chapter or a requirement established by the
8department under this chapter.
9 Sec. 6. Section 203.15, subsection 2, paragraph f, Code
102023, is amended to read as follows:
11f. The duration of the credit-sale contract, which shall
12not exceed twelve fifteen months from the date the contract is
13executed.
14 Sec. 7. Section 203.17, Code 2023, is amended to read as
15follows:
16203.17 Documents and records.
171. The department may adopt rules specifying the form,
18content, use, and maintenance of documents issued by a grain
19dealer under this chapter including but not limited to scale
20weight tickets, settlement sheets, daily position records, and
21credit-sale contracts. The department may adopt rules for
22both printed and electronic documents, including rules for
23the transmission, receipt, authentication, and archiving of
24electronically generated or stored documents.
252. All scale weight ticket forms in the possession of a
26grain dealer shall have been permanently and consecutively
27numbered at the time of printing. A grain dealer shall
28maintain an accurate record of all scale weight ticket numbers.
29The record shall include the disposition of each numbered form,
30whether issued, destroyed, or otherwise disposed of.
31 Sec. 8. Section 203.20, Code 2023, is amended to read as
32follows:
33203.20 Shrinkage adjustments — disclosures — penalties.
341. A person who, in connection with the receipt of
35corn or soybeans grain for storage, processing, or sale,
-2-1adjusts the scale weight of the grain to compensate for the
2moisture content of the grain shall compute the amount of
3the adjustment by multiplying the scale weight of the grain
4by that factor which results in a rate of adjustment of one
5and eighteen hundredths percent of weight per one percent of
6moisture content. The use of person who uses any rate of
7weight adjustment for moisture content other than the one
8prescribed by this subsection is commits a fraudulent practice
9as defined in section 714.8. The person shall post on the
10business premises in a conspicuous place notice of the rate
11of adjustment for moisture content that is as prescribed by
12this subsection. Failure The person who fails to make this
13disclosure is commits a simple misdemeanor.
142. A person who, in connection with the receipt of grain for
15storage, processing, or sale, adjusts the quantity of the grain
16received to compensate for losses to be incurred during the
17handling, processing, or storage of the grain shall post on the
18business premises in a conspicuous place notice of the rate of
19adjustment to be made for this shrinkage. Failure The person
20who fails to make the required this disclosure is commits a
21simple misdemeanor.
223. A person who adjusts the scale weight of corn or soybeans
23both grain for moisture content and for handling, processing,
24or storage losses may combine the two adjustment factors into
25a single factor and may use this resulting factor to compute
26the amount of weight adjustment in connection with storage,
27processing, or sale transactions, provided that the person
28shall post on the business premises in a conspicuous place a
29notice that discloses the moisture shrinkage factor prescribed
30by subsection 1, the handling shrinkage factor to be imposed,
31and the single factor that results from combining these
32factors. Failure The person who fails to make the required
33 this disclosure is commits a simple misdemeanor.
34Part b
35WAREHOUSE OPERATORS
-3-1 Sec. 9. Section 203C.5, subsection 2, Code 2023, is amended
2to read as follows:
32. a. The department may adopt rules specifying the
4form, content, and use of documents issued by a warehouse
5operator under this chapter including but not limited to scale
6weight tickets, warehouse receipts, settlement sheets, and
7daily position records. The department may adopt rules for
8both printed and electronic documents, including rules for
9the transmission, receipt, authentication, and archiving of
10electronically generated or stored documents.
11b. All scale weight ticket forms and warehouse receipt
12forms in the possession of a warehouse operator shall have been
13permanently and consecutively numbered at the time of printing.
14A warehouse operator shall maintain an accurate record of
15the numbers of these documents. The record shall include
16the disposition of each form, whether issued, destroyed, or
17otherwise disposed of. The department may by rule require this
18use of prenumbered forms and recording for documents other than
19scale weight tickets and warehouse receipts.
20 Sec. 10. Section 203C.6, subsection 8, paragraph a, Code
212023, is amended to read as follows:
22a. The applicant has caused liability to the Iowa grain
23depositors and sellers indemnity fund through operations under
24a license issued under this chapter or chapter 203, and the
25liability has not been discharged, settled, or satisfied.
26 Sec. 11. Section 203C.17, subsections 1, 2, 3, 4, and 5,
27Code 2023, are amended to read as follows:
281. Any grain which has been received at any Grain deposited
29with a licensed warehouse operator for which the actual sale
30price is has not been fixed and either proper documentation
31made has not been furnished or payment has not been made shall
32be construed to be grain held for storage within the meaning of
33this chapter. Grain may be held considered stored grain and
34may be retained in open storage or placed on under warehouse
35receipt. A warehouse receipt shall be issued for all grain
-4-1held in open storage within one year from the date of delivery
2to the warehouse, unless the depositor has signed a statement
3that the depositor does not desire a warehouse receipt. A The
4licensed warehouse operator shall issue a warehouse receipt
5shall be issued to the depositor upon request by the depositor.
6The warehouse operator’s tariff shall apply for to any grain
7that is retained in open storage or placed under warehouse
8receipt as provided in section 203C.18.
92. Bulk grain deposited with a licensed warehouse operator
10for processing, cleaning, drying, shipping for the account of
11the depositor, or any other purpose shall be removed within
12thirty days from the date of deposit or such grain shall be
13determined as considered stored grain and the. The warehouse
14operator’s tariff charges shall apply to the bulk grain as
15provided in section 203C.28.
163. Grain received on deposited and subject to a scale weight
17 ticket which that fails to have the price fixed and properly
18documented on the records of the licensed warehouse operator
19shall be construed to be retained in open storage.
204. All bulk grain whether retained in open storage and
21deposited subject to a scale weight ticket or having been
22 placed on under warehouse receipt is covered by the grain
23depositors and sellers indemnity fund created in as provided in
24 chapter 203D.
255. Any grain which has been received at any An unlicensed
26warehouse and for which the operator shall not retain deposited
27bulk grain, if its actual sale price has not been fixed, and
28payment for the bulk grain has not been made within thirty days
29from receipt of the grain its date of deposit, unless covered
30 purchased by a credit-sale contract, shall be construed to be
31unlawful storage within the meaning of this chapter. Bulk
32grain received at any An unlicensed warehouse for any operator
33who retains deposited bulk gain under any other purpose
34 circumstance must either be returned return the bulk grain to
35the depositor, or disposed of dispose of the bulk grain by
-5-1order of the depositor, within thirty days from date of actual
2 the deposit of the bulk grain.
3 Sec. 12. Section 203C.25, Code 2023, is amended to read as
4follows:
5203C.25 Shrinkage adjustments — disclosures — penalties.
61. A person who, in connection with the receipt of
7corn or soybeans grain for storage, processing, or sale,
8adjusts the scale weight of the grain to compensate for the
9moisture content of the grain shall compute the amount of
10the adjustment by multiplying the scale weight of the grain
11by that factor which results in a rate of adjustment of one
12and eighteen hundredths percent of weight per one percent of
13moisture content. The use of person who uses any rate of
14weight adjustment for moisture content other than the one
15prescribed by this subsection is commits a fraudulent practice
16as defined in section 714.8. The person shall post on the
17business premises in a conspicuous place notice of the rate
18of adjustment for moisture content that is as prescribed by
19this subsection. Failure The person who fails to make this
20disclosure is commits a simple misdemeanor.
212. A person who, in connection with the receipt of grain for
22storage, processing, or sale, adjusts the quantity of the grain
23received to compensate for losses to be incurred during the
24handling, processing, or storage of the grain shall post on the
25business premises in a conspicuous place notice of the rate of
26adjustment to be made for this shrinkage. Failure The person
27who fails to make the required this disclosure is commits a
28simple misdemeanor.
293. A person who adjusts the scale weight of corn or soybeans
30both grain for moisture content and for handling, processing,
31or storage losses may combine the two adjustment factors into
32a single factor and may use this resulting factor to compute
33the amount of weight adjustment in connection with storage,
34processing, or sale transactions, provided that the person
35shall post on the business premises in a conspicuous place a
-6-1notice that discloses the moisture shrinkage factor prescribed
2by subsection 1, the handling shrinkage factor to be imposed,
3and the single factor that results from combining these
4factors. Failure The person who fails to make the required
5 this disclosure is commits a simple misdemeanor.
6 Sec. 13. Section 203C.36, subsection 2, paragraph a,
7subparagraph (3), Code 2023, is amended to read as follows:
8(3) Uses a scale weight ticket, warehouse receipt, or
9other document in violation of this chapter or requirements
10established by the department under this chapter.
11PART C
12INDEMNITY FUND
13 Sec. 14. Section 203D.1, Code 2023, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 14A. “Scale weight ticket” means the same
16as defined in section 203C.1.
17DIVISION III
18WEIGHTS AND MEASURES
19PART A
20LICENSING, INSPECTIONS, AND FEES
21 Sec. 15. Section 214.2, Code 2023, is amended to read as
22follows:
23214.2 License.
241. A person who uses or displays for use any commercial
25weighing and measuring device, as defined in section 215.1,
26shall secure must be issued a license from by the department
27for that device. The department shall issue the license after
28inspecting the device.
292. a. Except as provided in paragraph “b”, a license issued
30under subsection 1 shall expire on December 31 of each year.
31b. A license issued under subsection 1 for a motor fuel pump
32shall expire on June 30 of each year.
33 Sec. 16. Section 214.3, subsection 1, Code 2023, is amended
34by striking the subsection.
35 Sec. 17. Section 214.3, subsection 2, Code 2023, is amended
-7-1to read as follows:
22. The A license inspection fee is imposed on a person
3who uses or displays for use a commercial weighing and
4measuring device. The license fee is due the day the device
5is placed into service department issues the license. A
6license inspection fee shall be charged to the person owning
7or operating a commercial weighing and measuring device
8inspected The amount of the license fee shall be calculated in
9accordance with the class or section for devices as established
10by handbook 44 of the United States national institute of
11standards and technology.
12 Sec. 18. Section 214.11, subsection 1, Code 2023, is amended
13to read as follows:
141. The department shall provide for annual biennial
15 inspections of all motor fuel pumps, including but not limited
16to motor fuel blender pumps, licensed under this chapter.
17Inspections shall be for the purpose of determining the
18accuracy and correctness of motor fuel pumps. For that purpose
19the department’s inspectors may enter upon the premises of any
20 a wholesale dealer or a retail dealer motor fuel site.
21 Sec. 19. Section 215.2, Code 2023, is amended to read as
22follows:
23215.2 Special inspection tests — request — fees.
241. The owner or servicer of a commercial weighing and
25measuring device may request the department conduct a special
26inspection test of the device to determine its accuracy and
27correctness.
282. The fee for special tests, including but not limited to,
29using state inspection equipment, for the calibration, testing,
30certification, or repair conducting a special inspection test
31 of a commercial weighing and measuring device shall be paid
32by the owner or servicer or person requesting the special
33inspection test in accordance with the following schedule:
341. a. Class S, scales, seventy-five dollars per hour.
352. b. Class M, meters, fifty-two dollars and fifty cents
-8-1per hour.
2 Sec. 20. REPEAL. Section 215.12, Code 2023, is repealed.
3PART B
4MOTOR FUEL STANDARDS AND CLASSIFICATIONS
5 Sec. 21. Section 159A.6, subsection 1, paragraph c, Code
62023, is amended to read as follows:
7c. Develop standards for decals required pursuant to
8section 214A.16 214A.21A, which shall be designed to promote
9the advantages of using renewable fuels. The standards may be
10incorporated within a model decal adopted by the office.
11 Sec. 22. Section 214A.1, subsection 2, Code 2023, is amended
12to read as follows:
132. “ASTM international” means a nonprofit organization,
14previously named the American society for testing and materials
15international.
16 Sec. 23. Section 214A.1, Code 2023, is amended by adding the
17following new subsections:
18 NEW SUBSECTION. 9A. “Coprocess” means to simultaneously
19process a renewable biomass or a biointermediate with a fossil
20fuel or other nonrenewable feedstock in the same unit or units
21to produce a fuel that is partially derived from a renewable
22biomass or biointermediate.
23 NEW SUBSECTION. 33A. a. “Renewable diesel” means a motor
24fuel for use in an internal combustion engine and ignited by
25pressure without the presence of an electric spark, which
26is produced from nonfossil renewable resources, including
27agricultural plants, animal fats, residue, and waste generated
28from the production, processing, and marketing of agricultural
29products, and other renewable resources.
30b. “Renewable diesel” must meet the standards provided in
31section 214A.2.
32c. “Renewable diesel” does not include any of the following:
33(1) Biodiesel.
34(2) A fuel that has been coprocessed.
35 NEW SUBSECTION. 33B. “Renewable diesel blended fuel” means
-9-1a blend of renewable diesel with petroleum-based diesel fuel,
2biodiesel, or a combination of petroleum-based diesel fuel and
3biodiesel, which meets the standards, including separately
4the standard for its renewable diesel component, provided in
5section 214A.2.
6 Sec. 24. Section 214A.2, subsection 4, Code 2023, is amended
7by adding the following new paragraph:
8 NEW PARAGRAPH. c. (1) If the motor fuel is advertised
9for sale or sold as renewable diesel or renewable diesel
10blended fuel, the motor fuel must meet departmental standards
11based in part or in whole on specifications adopted by ASTM
12international for renewable diesel or renewable diesel blended
13motor fuel, to every extent applicable, as determined by the
14department subject to subparagraph (2).
15(2) Renewable diesel must at least meet departmental
16standards based in whole or in part on ASTM international
17specification D975, or a successor ASTM international
18specification, established by rule. The specification shall
19apply to renewable diesel before it leaves its place of
20manufacture.
21 Sec. 25. Section 214A.2, subsection 5, Code 2023, is amended
22by adding the following new paragraph:
23 NEW PARAGRAPH. d. (1) Renewable diesel shall be classified
24RD-100.
25(2) Renewable diesel blended fuel shall be classified RD-xx
26where “xx” is the volume percent of renewable diesel.
27 Sec. 26. Section 214A.2B, Code 2023, is amended to read as
28follows:
29214A.2B Laboratory for motor fuel and biofuels fuels,
30biofuels, and renewable fuels.
31A laboratory for motor fuel and biofuels is established at a
32community college which is engaged in biofuels testing on July
331, 2007, and which testing includes but is not limited to The
34Iowa central fuel testing laboratory at Iowa central community
35college shall test motor fuels, biofuels, and renewable fuels,
-10-1including but not limited to B-20 biodiesel fuel testing for
2use by motor trucks and the ability of biofuels to meet ASTM
3international standards. The laboratory shall conduct the
4 testing of motor fuel fuels sold in this state and biofuel
5which is biofuels blended in with motor fuel fuels in this
6state to ensure that the motor fuel or fuels, biofuels, and
7renewable fuels meet the requirements departmental standards
8 in section 214A.2.
9PART C
10CODE EDITOR DIRECTIVE
11 Sec. 27. CODE EDITOR DIRECTIVE.
121. The Code editor is directed to make the following
13transfer:
14Section 214A.16 to section 214A.21A.
152. The Code editor shall correct internal references in the
16Code and in any enacted legislation as necessary due to the
17enactment of this section.
18DIVISION IV
19WATER QUALITY
20 Sec. 28. Section 466B.43, subsection 6, Code 2023, is
21amended to read as follows:
226. By October 1, 2019, and each October 1 thereafter of
23each year, the division shall submit a report to the governor
24and the general assembly itemizing expenditures, by hydrologic
25unit code 8 watershed, under the programs, if any, during the
26previous fiscal year, if any.
27 Sec. 29. Section 466B.44, subsection 5, Code 2023, is
28amended to read as follows:
295. Notwithstanding any other provision in this section
30to the contrary, beginning on July 1, 2018, the division
31may use any amount available to support the water quality
32urban infrastructure program to instead extend do any of the
33following:
34a. Extendand support the three-year data collection of
35in-field agricultural practices project as enacted in 2015 Iowa
-11-1Acts, ch.132, §18.
2b. Support water quality agriculture infrastructure programs
3created in section 466B.43.
4 Sec. 30. Section 466B.44, subsection 7, Code 2023, is
5amended to read as follows:
67. By October 1, 2019, and by October 1 of each year
7thereafter, the division shall submit a report to the governor
8and the general assembly itemizing expenditures under the
9program, if any, during the previous fiscal year.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13GENERAL. This bill relates to a number of regulations
14and programs administered and enforced by the department of
15agriculture and land stewardship (DALS). Specifically, the
16bill amends provisions regulating commercial establishments
17engaged in the transfer or use of vertebrate animals (animals)
18other than agricultural animals, including animal shelters,
19boarding kennels, commercial breeders, commercial kennels,
20dealers, pet shops, pounds, public auctions, and research
21facilities (Code chapter 162). The bill regulates grain
22transactions including by grain dealers (dealers) and warehouse
23operators (operators) (Code chapters 203 and 203C) and the
24indemnification of losses by sellers or depositors from the
25grain depositors and sellers indemnity fund (Code chapter
26203D). The bill also regulates the commercial use of weights
27and measures, including motor fuel pumps (fuel pumps) that are
28part of motor fuel dispensers (dispensers), and types of motor
29fuel advertised for sale (Code chapters 214, 214A, and 215),
30including diesel fuel for use in certain internal combustion
31engines. Finally, the bill provides for the expenditure of
32moneys for surface water quality initiatives (initiatives) in
33order to assess and reduce nutrients in this state’s watersheds
34(Code chapter 466B) in conformance with the Iowa nutrient
35reduction strategy (Code section 455B.171).
-12- 1COMMERCIAL ESTABLISHMENTS — REGULATION. Under current law,
2a business classified as a pet shop is a type of establishment
3required to be annually licensed (Code section 162.5) and pay
4an associated fee (Code section 162.2B). A business is not
5regulated as a pet shop if, during the prior 12-month period,
6the business either receives less than $500 or transfers
7less than six animals. The bill doubles the exemption
8qualifications to less than $1,000 or less than 12 animals
9(amended Code section 162.2).
10A person applying to be issued an authorization for the
11operation of any commercial establishment must provide DALS
12the person’s tax identification number. The bill eliminates
13that requirement and instead requires the person to provide an
14official government-issued photo identification of the person
15(amended Code section 162.2A).
16COMMERCIAL ESTABLISHMENTS — PENALTY. A person who operates
17a commercial establishment in violation of authorization
18requirements is guilty of a simple misdemeanor (Code section
19162.13).
20GRAIN REGULATION — BACKGROUND. As part of a grain
21transaction, an operator issues a prenumbered scale
22weight ticket to a depositor as evidence of stored grain.
23Alternatively, the operator may issue a warehouse receipt as a
24form which may be a document of title and therefore negotiable
25(Code chapter 554, Art.7). In order for a seller or depositor
26to be indemnified for a loss by the fund, the dollar value of
27a claim for transferred grain is based on either a warehouse
28receipt or scale weight ticket (Code section 203D.6).
29GRAIN REGULATION — TERMS. Currently, several different
30terms are used to describe the same item. The bill changes
31the terms to be uniform, including “scale ticket” to “scale
32weight ticket” and “Iowa grain depositors and sellers indemnity
33fund” to “grain depositors and sellers indemnity fund”, which
34are both defined (amended Code sections 203.1, 203.5, 203.11,
35203.17, 203C.5, 203C.6, 203C.17, 203C.36, and 203D.1).
-13- 1GRAIN REGULATION — CREDIT-SALE CONTRACT. A buyer and
2seller of grain may execute a credit-sale contract, also known
3as a price-later contract, for transfer of title, in which the
4seller delivers the grain to the buyer who pays the seller
5a price more than 30 days later (Code section 203.1). In
6order to engage in these transactions, a buyer who is a grain
7dealer must maintain a class 1 license requiring a net worth
8of at least $75,000 (Code section 203.3(4)), the parties must
9execute a contract form meeting statutory requirements (amended
10Code section 203.15(2)), and the grain is not considered as
11purchased grain covered by the grain depositors and sellers
12indemnity fund (Code section 203D.6(4)). The bill extends the
13maximum period of a credit-sale contract’s duration, requiring
14later payment for the delivered grain, from 12 to 15 months
15(amended Code section 203.15(2)).
16GRAIN REGULATION — GRAIN MOISTURE CONTENT. A person
17receiving corn or soybeans as part of a transaction involving
18storage, processing, or sale may adjust the scale weight to
19account for moisture content (i.e., reducing the scale weight
20by a special factor calculated for each 1 percent of moisture
21content). The bill provides that the adjustment applies to all
22grain in which there are standards established by the United
23States department of agriculture (Code sections 203.1 and
24203C.1 and amended Code sections 203.20 and 203C.25).
25GRAIN REGULATION — OPEN STORAGE. An operator may retain
26delivered grain in open storage (meaning without issuing a
27warehouse receipt or making a purchase) subject to certain
28limitations. Grain subject to a scale weight ticket without
29having the price fixed and documented by the operator is
30considered to be retained in open storage. Currently, if
31grain is retained in open storage, the operator must issue the
32depositor a warehouse receipt within one year of the grain’s
33delivery date, unless the depositor signs a statement refusing
34it. The bill eliminates this requirement. Upon request, the
35operator must still issue the depositor a warehouse receipt
-14-1(amended Code section 203C.17).
2GRAIN REGULATION — PENALTIES. A person who violates Code
3chapter 203 or 203C is guilty of a simple misdemeanor (Code
4sections 203.11 and 203C.36).
5WEIGHTS AND MEASURES. A person who uses or displays a
6commercial weighing or measuring device (device) must be
7licensed. The term of the license is 12 months. Generally,
8the term is on a calendar year basis (January 1 to December
931) but for motor fuel pumps the term is on a fiscal year
10basis (July 1 to June 30). A fee is required for the issuance
11of the license and an inspection (license inspection fee)
12first due when the device is placed into service. DALS is
13expressly required to inspect motor fuel pumps each year. The
14bill provides that the fee is for the issuance of the license
15rather than the inspection, the license fee is due when the
16license is issued, and that DALS must inspect motor fuel pumps
17on a biennial basis (amended Code sections 214.2, 214.3, and
18214.11). The bill also eliminates a requirement that persons
19engaged in repairing scales must file a bond with the state
20(repealed Code section 215.12).
21WEIGHTS AND MEASURES — MOTOR FUEL STANDARDS AND
22CLASSIFICATIONS. Motor fuels include fossil (petroleum) based
23gasoline and diesel fuel as well as certain biofuel components
24derived from renewable (nonpetroleum) resources such as ethanol
25classified as E-100 and biodiesel comprised of monoalkyl esters
26of long-chain fatty acids and classified as B-100. Both types
27of substances are used to produce renewable fuels (e.g., E-15
28or B-5) subject to separate departmental standards based on
29ASTM international (ASTM) specifications. The bill regulates
30another liquid fuel referred to renewable diesel classified as
31RD-100 that may be used as a motor fuel or a blending component
32and classified as RD-xx. RD-100 is produced from nonfossil
33renewable resources but is not biodiesel due to manufacturing
34processes. Petroleum-based diesel fuel and RD-100 are subject
35to the same ASTM specification D975 while B-100 is subject to
-15-1ASTM specification D6751 (amended Code sections 214A.1 and
2214A.2).
3WEIGHTS AND MEASURES — TESTING LABORATORY. The bill
4expressly recognizes the Iowa central fuel testing laboratory
5at Iowa central community college as the official laboratory
6for testing motor fuels, biofuels, and renewable fuels (amended
7Code section 214A.2B).
8WEIGHTS AND MEASURES — CODE EDITOR DIRECTIVE. The bill
9transfers Code section 214A.16 from subchapter I to subchapter
10II of Code chapter 214A. The Code section regulates a notice
11required to be posted for consumers purchasing renewable fuels.
12In 2022, the general assembly enacted 2022 Iowa Acts, chapter
131152, which reorganized Code chapter 214A. Subchapter I
14regulates general matters such as standards and classifications
15and subchapter II regulates the advertisement, sale, and use
16of motor fuel.
17WEIGHTS AND MEASURES — PENALTY. A person who fails to allow
18for an inspection of a motor fuel pump is guilty of a simple
19misdemeanor.
20WATER QUALITY. DALS regulates two water quality
21initiatives, including water quality agriculture infrastructure
22programs (amended Code section 466B.43) and the water quality
23urban infrastructure program (amended Code section 466B.44).
24The initiative is supported by the water quality initiative
25fund (Code section 466B.45), the water quality infrastructure
26fund (Code section 8.57B), and the water quality financial
27assistance fund (Code section 16.134A). Moneys in the last
28fund (15 percent) are appropriated to support the water quality
29urban infrastructure program. The bill provides that DALS
30may use moneys available to support the water quality urban
31infrastructure program to instead support the water quality
32agriculture infrastructure programs. The bill also eliminates
33dates in several Code sections that are now extraneous.
34APPLICABLE PENALTIES. A simple misdemeanor is punishable by
35confinement for no more than 30 days and a fine of at least $105
-16-1but not more than $855.
-17-da/ns
2and enforced by the department of agriculture and land
3stewardship, providing fees, providing for the allocation of
4moneys, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2REGULATION OF COMMERCIAL ESTABLISHMENTS
3 Section 1. Section 162.2, subsection 19, Code 2023, is
4amended by striking the subsection and inserting in lieu
5thereof the following:
619. “Pet shop” means a facility where vertebrate animals,
7excluding fish, not born and reared on the facility’s premises
8are bought, sold, exchanged, or offered for sale or exchange to
9the public, at retail. “Pet shop” does not include a facility
10if one of the following applies:
11a. The facility receives less than one thousand dollars from
12the sale or exchange of vertebrate animals, excluding fish,
13during a twelve-month period.
14b. The facility sells or exchanges less than twelve
15vertebrate animals, excluding fish, during a twelve-month
16period.
17 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code
182023, is amended to read as follows:
19d. The person’s An official government-issued photo
20 identification number of the person. Notwithstanding chapter
2122, the department shall keep the person’s tax identification
22number confidential except for purposes of tax administration
23by the department of revenue, including as provided in section
24421.18.
25DIVISION II
26GRAIN REGULATION
27PART A
28GRAIN DEALERS
29 Sec. 3. Section 203.1, Code 2023, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 12A. “Scale weight ticket” means the same
32as defined in section 203C.1.
33 Sec. 4. Section 203.5, subsection 8, paragraph a, Code 2023,
34is amended to read as follows:
35a. The applicant has caused liability to the Iowa grain
-1-1depositors and sellers indemnity fund in regard to a license
2issued under this chapter or chapter 203C, and the liability
3has not been discharged, settled, or satisfied.
4 Sec. 5. Section 203.11, subsection 2, paragraph a,
5subparagraph (3), Code 2023, is amended to read as follows:
6(3) Uses a scale weight ticket or credit-sale contract in
7violation of this chapter or a requirement established by the
8department under this chapter.
9 Sec. 6. Section 203.15, subsection 2, paragraph f, Code
102023, is amended to read as follows:
11f. The duration of the credit-sale contract, which shall
12not exceed twelve fifteen months from the date the contract is
13executed.
14 Sec. 7. Section 203.17, Code 2023, is amended to read as
15follows:
16203.17 Documents and records.
171. The department may adopt rules specifying the form,
18content, use, and maintenance of documents issued by a grain
19dealer under this chapter including but not limited to scale
20weight tickets, settlement sheets, daily position records, and
21credit-sale contracts. The department may adopt rules for
22both printed and electronic documents, including rules for
23the transmission, receipt, authentication, and archiving of
24electronically generated or stored documents.
252. All scale weight ticket forms in the possession of a
26grain dealer shall have been permanently and consecutively
27numbered at the time of printing. A grain dealer shall
28maintain an accurate record of all scale weight ticket numbers.
29The record shall include the disposition of each numbered form,
30whether issued, destroyed, or otherwise disposed of.
31 Sec. 8. Section 203.20, Code 2023, is amended to read as
32follows:
33203.20 Shrinkage adjustments — disclosures — penalties.
341. A person who, in connection with the receipt of
35corn or soybeans grain for storage, processing, or sale,
-2-1adjusts the scale weight of the grain to compensate for the
2moisture content of the grain shall compute the amount of
3the adjustment by multiplying the scale weight of the grain
4by that factor which results in a rate of adjustment of one
5and eighteen hundredths percent of weight per one percent of
6moisture content. The use of person who uses any rate of
7weight adjustment for moisture content other than the one
8prescribed by this subsection is commits a fraudulent practice
9as defined in section 714.8. The person shall post on the
10business premises in a conspicuous place notice of the rate
11of adjustment for moisture content that is as prescribed by
12this subsection. Failure The person who fails to make this
13disclosure is commits a simple misdemeanor.
142. A person who, in connection with the receipt of grain for
15storage, processing, or sale, adjusts the quantity of the grain
16received to compensate for losses to be incurred during the
17handling, processing, or storage of the grain shall post on the
18business premises in a conspicuous place notice of the rate of
19adjustment to be made for this shrinkage. Failure The person
20who fails to make the required this disclosure is commits a
21simple misdemeanor.
223. A person who adjusts the scale weight of corn or soybeans
23both grain for moisture content and for handling, processing,
24or storage losses may combine the two adjustment factors into
25a single factor and may use this resulting factor to compute
26the amount of weight adjustment in connection with storage,
27processing, or sale transactions, provided that the person
28shall post on the business premises in a conspicuous place a
29notice that discloses the moisture shrinkage factor prescribed
30by subsection 1, the handling shrinkage factor to be imposed,
31and the single factor that results from combining these
32factors. Failure The person who fails to make the required
33 this disclosure is commits a simple misdemeanor.
34Part b
35WAREHOUSE OPERATORS
-3-1 Sec. 9. Section 203C.5, subsection 2, Code 2023, is amended
2to read as follows:
32. a. The department may adopt rules specifying the
4form, content, and use of documents issued by a warehouse
5operator under this chapter including but not limited to scale
6weight tickets, warehouse receipts, settlement sheets, and
7daily position records. The department may adopt rules for
8both printed and electronic documents, including rules for
9the transmission, receipt, authentication, and archiving of
10electronically generated or stored documents.
11b. All scale weight ticket forms and warehouse receipt
12forms in the possession of a warehouse operator shall have been
13permanently and consecutively numbered at the time of printing.
14A warehouse operator shall maintain an accurate record of
15the numbers of these documents. The record shall include
16the disposition of each form, whether issued, destroyed, or
17otherwise disposed of. The department may by rule require this
18use of prenumbered forms and recording for documents other than
19scale weight tickets and warehouse receipts.
20 Sec. 10. Section 203C.6, subsection 8, paragraph a, Code
212023, is amended to read as follows:
22a. The applicant has caused liability to the Iowa grain
23depositors and sellers indemnity fund through operations under
24a license issued under this chapter or chapter 203, and the
25liability has not been discharged, settled, or satisfied.
26 Sec. 11. Section 203C.17, subsections 1, 2, 3, 4, and 5,
27Code 2023, are amended to read as follows:
281. Any grain which has been received at any Grain deposited
29with a licensed warehouse operator for which the actual sale
30price is has not been fixed and either proper documentation
31made has not been furnished or payment has not been made shall
32be construed to be grain held for storage within the meaning of
33this chapter. Grain may be held considered stored grain and
34may be retained in open storage or placed on under warehouse
35receipt. A warehouse receipt shall be issued for all grain
-4-1held in open storage within one year from the date of delivery
2to the warehouse, unless the depositor has signed a statement
3that the depositor does not desire a warehouse receipt. A The
4licensed warehouse operator shall issue a warehouse receipt
5shall be issued to the depositor upon request by the depositor.
6The warehouse operator’s tariff shall apply for to any grain
7that is retained in open storage or placed under warehouse
8receipt as provided in section 203C.18.
92. Bulk grain deposited with a licensed warehouse operator
10for processing, cleaning, drying, shipping for the account of
11the depositor, or any other purpose shall be removed within
12thirty days from the date of deposit or such grain shall be
13determined as considered stored grain and the. The warehouse
14operator’s tariff charges shall apply to the bulk grain as
15provided in section 203C.28.
163. Grain received on deposited and subject to a scale weight
17 ticket which that fails to have the price fixed and properly
18documented on the records of the licensed warehouse operator
19shall be construed to be retained in open storage.
204. All bulk grain whether retained in open storage and
21deposited subject to a scale weight ticket or having been
22 placed on under warehouse receipt is covered by the grain
23depositors and sellers indemnity fund created in as provided in
24 chapter 203D.
255. Any grain which has been received at any An unlicensed
26warehouse and for which the operator shall not retain deposited
27bulk grain, if its actual sale price has not been fixed, and
28payment for the bulk grain has not been made within thirty days
29from receipt of the grain its date of deposit, unless covered
30 purchased by a credit-sale contract, shall be construed to be
31unlawful storage within the meaning of this chapter. Bulk
32grain received at any An unlicensed warehouse for any operator
33who retains deposited bulk gain under any other purpose
34 circumstance must either be returned return the bulk grain to
35the depositor, or disposed of dispose of the bulk grain by
-5-1order of the depositor, within thirty days from date of actual
2 the deposit of the bulk grain.
3 Sec. 12. Section 203C.25, Code 2023, is amended to read as
4follows:
5203C.25 Shrinkage adjustments — disclosures — penalties.
61. A person who, in connection with the receipt of
7corn or soybeans grain for storage, processing, or sale,
8adjusts the scale weight of the grain to compensate for the
9moisture content of the grain shall compute the amount of
10the adjustment by multiplying the scale weight of the grain
11by that factor which results in a rate of adjustment of one
12and eighteen hundredths percent of weight per one percent of
13moisture content. The use of person who uses any rate of
14weight adjustment for moisture content other than the one
15prescribed by this subsection is commits a fraudulent practice
16as defined in section 714.8. The person shall post on the
17business premises in a conspicuous place notice of the rate
18of adjustment for moisture content that is as prescribed by
19this subsection. Failure The person who fails to make this
20disclosure is commits a simple misdemeanor.
212. A person who, in connection with the receipt of grain for
22storage, processing, or sale, adjusts the quantity of the grain
23received to compensate for losses to be incurred during the
24handling, processing, or storage of the grain shall post on the
25business premises in a conspicuous place notice of the rate of
26adjustment to be made for this shrinkage. Failure The person
27who fails to make the required this disclosure is commits a
28simple misdemeanor.
293. A person who adjusts the scale weight of corn or soybeans
30both grain for moisture content and for handling, processing,
31or storage losses may combine the two adjustment factors into
32a single factor and may use this resulting factor to compute
33the amount of weight adjustment in connection with storage,
34processing, or sale transactions, provided that the person
35shall post on the business premises in a conspicuous place a
-6-1notice that discloses the moisture shrinkage factor prescribed
2by subsection 1, the handling shrinkage factor to be imposed,
3and the single factor that results from combining these
4factors. Failure The person who fails to make the required
5 this disclosure is commits a simple misdemeanor.
6 Sec. 13. Section 203C.36, subsection 2, paragraph a,
7subparagraph (3), Code 2023, is amended to read as follows:
8(3) Uses a scale weight ticket, warehouse receipt, or
9other document in violation of this chapter or requirements
10established by the department under this chapter.
11PART C
12INDEMNITY FUND
13 Sec. 14. Section 203D.1, Code 2023, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 14A. “Scale weight ticket” means the same
16as defined in section 203C.1.
17DIVISION III
18WEIGHTS AND MEASURES
19PART A
20LICENSING, INSPECTIONS, AND FEES
21 Sec. 15. Section 214.2, Code 2023, is amended to read as
22follows:
23214.2 License.
241. A person who uses or displays for use any commercial
25weighing and measuring device, as defined in section 215.1,
26shall secure must be issued a license from by the department
27for that device. The department shall issue the license after
28inspecting the device.
292. a. Except as provided in paragraph “b”, a license issued
30under subsection 1 shall expire on December 31 of each year.
31b. A license issued under subsection 1 for a motor fuel pump
32shall expire on June 30 of each year.
33 Sec. 16. Section 214.3, subsection 1, Code 2023, is amended
34by striking the subsection.
35 Sec. 17. Section 214.3, subsection 2, Code 2023, is amended
-7-1to read as follows:
22. The A license inspection fee is imposed on a person
3who uses or displays for use a commercial weighing and
4measuring device. The license fee is due the day the device
5is placed into service department issues the license. A
6license inspection fee shall be charged to the person owning
7or operating a commercial weighing and measuring device
8inspected The amount of the license fee shall be calculated in
9accordance with the class or section for devices as established
10by handbook 44 of the United States national institute of
11standards and technology.
12 Sec. 18. Section 214.11, subsection 1, Code 2023, is amended
13to read as follows:
141. The department shall provide for annual biennial
15 inspections of all motor fuel pumps, including but not limited
16to motor fuel blender pumps, licensed under this chapter.
17Inspections shall be for the purpose of determining the
18accuracy and correctness of motor fuel pumps. For that purpose
19the department’s inspectors may enter upon the premises of any
20 a wholesale dealer or a retail dealer motor fuel site.
21 Sec. 19. Section 215.2, Code 2023, is amended to read as
22follows:
23215.2 Special inspection tests — request — fees.
241. The owner or servicer of a commercial weighing and
25measuring device may request the department conduct a special
26inspection test of the device to determine its accuracy and
27correctness.
282. The fee for special tests, including but not limited to,
29using state inspection equipment, for the calibration, testing,
30certification, or repair conducting a special inspection test
31 of a commercial weighing and measuring device shall be paid
32by the owner or servicer or person requesting the special
33inspection test in accordance with the following schedule:
341. a. Class S, scales, seventy-five dollars per hour.
352. b. Class M, meters, fifty-two dollars and fifty cents
-8-1per hour.
2 Sec. 20. REPEAL. Section 215.12, Code 2023, is repealed.
3PART B
4MOTOR FUEL STANDARDS AND CLASSIFICATIONS
5 Sec. 21. Section 159A.6, subsection 1, paragraph c, Code
62023, is amended to read as follows:
7c. Develop standards for decals required pursuant to
8section 214A.16 214A.21A, which shall be designed to promote
9the advantages of using renewable fuels. The standards may be
10incorporated within a model decal adopted by the office.
11 Sec. 22. Section 214A.1, subsection 2, Code 2023, is amended
12to read as follows:
132. “ASTM international” means a nonprofit organization,
14previously named the American society for testing and materials
15international.
16 Sec. 23. Section 214A.1, Code 2023, is amended by adding the
17following new subsections:
18 NEW SUBSECTION. 9A. “Coprocess” means to simultaneously
19process a renewable biomass or a biointermediate with a fossil
20fuel or other nonrenewable feedstock in the same unit or units
21to produce a fuel that is partially derived from a renewable
22biomass or biointermediate.
23 NEW SUBSECTION. 33A. a. “Renewable diesel” means a motor
24fuel for use in an internal combustion engine and ignited by
25pressure without the presence of an electric spark, which
26is produced from nonfossil renewable resources, including
27agricultural plants, animal fats, residue, and waste generated
28from the production, processing, and marketing of agricultural
29products, and other renewable resources.
30b. “Renewable diesel” must meet the standards provided in
31section 214A.2.
32c. “Renewable diesel” does not include any of the following:
33(1) Biodiesel.
34(2) A fuel that has been coprocessed.
35 NEW SUBSECTION. 33B. “Renewable diesel blended fuel” means
-9-1a blend of renewable diesel with petroleum-based diesel fuel,
2biodiesel, or a combination of petroleum-based diesel fuel and
3biodiesel, which meets the standards, including separately
4the standard for its renewable diesel component, provided in
5section 214A.2.
6 Sec. 24. Section 214A.2, subsection 4, Code 2023, is amended
7by adding the following new paragraph:
8 NEW PARAGRAPH. c. (1) If the motor fuel is advertised
9for sale or sold as renewable diesel or renewable diesel
10blended fuel, the motor fuel must meet departmental standards
11based in part or in whole on specifications adopted by ASTM
12international for renewable diesel or renewable diesel blended
13motor fuel, to every extent applicable, as determined by the
14department subject to subparagraph (2).
15(2) Renewable diesel must at least meet departmental
16standards based in whole or in part on ASTM international
17specification D975, or a successor ASTM international
18specification, established by rule. The specification shall
19apply to renewable diesel before it leaves its place of
20manufacture.
21 Sec. 25. Section 214A.2, subsection 5, Code 2023, is amended
22by adding the following new paragraph:
23 NEW PARAGRAPH. d. (1) Renewable diesel shall be classified
24RD-100.
25(2) Renewable diesel blended fuel shall be classified RD-xx
26where “xx” is the volume percent of renewable diesel.
27 Sec. 26. Section 214A.2B, Code 2023, is amended to read as
28follows:
29214A.2B Laboratory for motor fuel and biofuels fuels,
30biofuels, and renewable fuels.
31A laboratory for motor fuel and biofuels is established at a
32community college which is engaged in biofuels testing on July
331, 2007, and which testing includes but is not limited to The
34Iowa central fuel testing laboratory at Iowa central community
35college shall test motor fuels, biofuels, and renewable fuels,
-10-1including but not limited to B-20 biodiesel fuel testing for
2use by motor trucks and the ability of biofuels to meet ASTM
3international standards. The laboratory shall conduct the
4 testing of motor fuel fuels sold in this state and biofuel
5which is biofuels blended in with motor fuel fuels in this
6state to ensure that the motor fuel or fuels, biofuels, and
7renewable fuels meet the requirements departmental standards
8 in section 214A.2.
9PART C
10CODE EDITOR DIRECTIVE
11 Sec. 27. CODE EDITOR DIRECTIVE.
121. The Code editor is directed to make the following
13transfer:
14Section 214A.16 to section 214A.21A.
152. The Code editor shall correct internal references in the
16Code and in any enacted legislation as necessary due to the
17enactment of this section.
18DIVISION IV
19WATER QUALITY
20 Sec. 28. Section 466B.43, subsection 6, Code 2023, is
21amended to read as follows:
226. By October 1, 2019, and each October 1 thereafter of
23each year, the division shall submit a report to the governor
24and the general assembly itemizing expenditures, by hydrologic
25unit code 8 watershed, under the programs, if any, during the
26previous fiscal year, if any.
27 Sec. 29. Section 466B.44, subsection 5, Code 2023, is
28amended to read as follows:
295. Notwithstanding any other provision in this section
30to the contrary, beginning on July 1, 2018, the division
31may use any amount available to support the water quality
32urban infrastructure program to instead extend do any of the
33following:
34a. Extendand support the three-year data collection of
35in-field agricultural practices project as enacted in 2015 Iowa
-11-1Acts, ch.132, §18.
2b. Support water quality agriculture infrastructure programs
3created in section 466B.43.
4 Sec. 30. Section 466B.44, subsection 7, Code 2023, is
5amended to read as follows:
67. By October 1, 2019, and by October 1 of each year
7thereafter, the division shall submit a report to the governor
8and the general assembly itemizing expenditures under the
9program, if any, during the previous fiscal year.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13GENERAL. This bill relates to a number of regulations
14and programs administered and enforced by the department of
15agriculture and land stewardship (DALS). Specifically, the
16bill amends provisions regulating commercial establishments
17engaged in the transfer or use of vertebrate animals (animals)
18other than agricultural animals, including animal shelters,
19boarding kennels, commercial breeders, commercial kennels,
20dealers, pet shops, pounds, public auctions, and research
21facilities (Code chapter 162). The bill regulates grain
22transactions including by grain dealers (dealers) and warehouse
23operators (operators) (Code chapters 203 and 203C) and the
24indemnification of losses by sellers or depositors from the
25grain depositors and sellers indemnity fund (Code chapter
26203D). The bill also regulates the commercial use of weights
27and measures, including motor fuel pumps (fuel pumps) that are
28part of motor fuel dispensers (dispensers), and types of motor
29fuel advertised for sale (Code chapters 214, 214A, and 215),
30including diesel fuel for use in certain internal combustion
31engines. Finally, the bill provides for the expenditure of
32moneys for surface water quality initiatives (initiatives) in
33order to assess and reduce nutrients in this state’s watersheds
34(Code chapter 466B) in conformance with the Iowa nutrient
35reduction strategy (Code section 455B.171).
-12- 1COMMERCIAL ESTABLISHMENTS — REGULATION. Under current law,
2a business classified as a pet shop is a type of establishment
3required to be annually licensed (Code section 162.5) and pay
4an associated fee (Code section 162.2B). A business is not
5regulated as a pet shop if, during the prior 12-month period,
6the business either receives less than $500 or transfers
7less than six animals. The bill doubles the exemption
8qualifications to less than $1,000 or less than 12 animals
9(amended Code section 162.2).
10A person applying to be issued an authorization for the
11operation of any commercial establishment must provide DALS
12the person’s tax identification number. The bill eliminates
13that requirement and instead requires the person to provide an
14official government-issued photo identification of the person
15(amended Code section 162.2A).
16COMMERCIAL ESTABLISHMENTS — PENALTY. A person who operates
17a commercial establishment in violation of authorization
18requirements is guilty of a simple misdemeanor (Code section
19162.13).
20GRAIN REGULATION — BACKGROUND. As part of a grain
21transaction, an operator issues a prenumbered scale
22weight ticket to a depositor as evidence of stored grain.
23Alternatively, the operator may issue a warehouse receipt as a
24form which may be a document of title and therefore negotiable
25(Code chapter 554, Art.7). In order for a seller or depositor
26to be indemnified for a loss by the fund, the dollar value of
27a claim for transferred grain is based on either a warehouse
28receipt or scale weight ticket (Code section 203D.6).
29GRAIN REGULATION — TERMS. Currently, several different
30terms are used to describe the same item. The bill changes
31the terms to be uniform, including “scale ticket” to “scale
32weight ticket” and “Iowa grain depositors and sellers indemnity
33fund” to “grain depositors and sellers indemnity fund”, which
34are both defined (amended Code sections 203.1, 203.5, 203.11,
35203.17, 203C.5, 203C.6, 203C.17, 203C.36, and 203D.1).
-13- 1GRAIN REGULATION — CREDIT-SALE CONTRACT. A buyer and
2seller of grain may execute a credit-sale contract, also known
3as a price-later contract, for transfer of title, in which the
4seller delivers the grain to the buyer who pays the seller
5a price more than 30 days later (Code section 203.1). In
6order to engage in these transactions, a buyer who is a grain
7dealer must maintain a class 1 license requiring a net worth
8of at least $75,000 (Code section 203.3(4)), the parties must
9execute a contract form meeting statutory requirements (amended
10Code section 203.15(2)), and the grain is not considered as
11purchased grain covered by the grain depositors and sellers
12indemnity fund (Code section 203D.6(4)). The bill extends the
13maximum period of a credit-sale contract’s duration, requiring
14later payment for the delivered grain, from 12 to 15 months
15(amended Code section 203.15(2)).
16GRAIN REGULATION — GRAIN MOISTURE CONTENT. A person
17receiving corn or soybeans as part of a transaction involving
18storage, processing, or sale may adjust the scale weight to
19account for moisture content (i.e., reducing the scale weight
20by a special factor calculated for each 1 percent of moisture
21content). The bill provides that the adjustment applies to all
22grain in which there are standards established by the United
23States department of agriculture (Code sections 203.1 and
24203C.1 and amended Code sections 203.20 and 203C.25).
25GRAIN REGULATION — OPEN STORAGE. An operator may retain
26delivered grain in open storage (meaning without issuing a
27warehouse receipt or making a purchase) subject to certain
28limitations. Grain subject to a scale weight ticket without
29having the price fixed and documented by the operator is
30considered to be retained in open storage. Currently, if
31grain is retained in open storage, the operator must issue the
32depositor a warehouse receipt within one year of the grain’s
33delivery date, unless the depositor signs a statement refusing
34it. The bill eliminates this requirement. Upon request, the
35operator must still issue the depositor a warehouse receipt
-14-1(amended Code section 203C.17).
2GRAIN REGULATION — PENALTIES. A person who violates Code
3chapter 203 or 203C is guilty of a simple misdemeanor (Code
4sections 203.11 and 203C.36).
5WEIGHTS AND MEASURES. A person who uses or displays a
6commercial weighing or measuring device (device) must be
7licensed. The term of the license is 12 months. Generally,
8the term is on a calendar year basis (January 1 to December
931) but for motor fuel pumps the term is on a fiscal year
10basis (July 1 to June 30). A fee is required for the issuance
11of the license and an inspection (license inspection fee)
12first due when the device is placed into service. DALS is
13expressly required to inspect motor fuel pumps each year. The
14bill provides that the fee is for the issuance of the license
15rather than the inspection, the license fee is due when the
16license is issued, and that DALS must inspect motor fuel pumps
17on a biennial basis (amended Code sections 214.2, 214.3, and
18214.11). The bill also eliminates a requirement that persons
19engaged in repairing scales must file a bond with the state
20(repealed Code section 215.12).
21WEIGHTS AND MEASURES — MOTOR FUEL STANDARDS AND
22CLASSIFICATIONS. Motor fuels include fossil (petroleum) based
23gasoline and diesel fuel as well as certain biofuel components
24derived from renewable (nonpetroleum) resources such as ethanol
25classified as E-100 and biodiesel comprised of monoalkyl esters
26of long-chain fatty acids and classified as B-100. Both types
27of substances are used to produce renewable fuels (e.g., E-15
28or B-5) subject to separate departmental standards based on
29ASTM international (ASTM) specifications. The bill regulates
30another liquid fuel referred to renewable diesel classified as
31RD-100 that may be used as a motor fuel or a blending component
32and classified as RD-xx. RD-100 is produced from nonfossil
33renewable resources but is not biodiesel due to manufacturing
34processes. Petroleum-based diesel fuel and RD-100 are subject
35to the same ASTM specification D975 while B-100 is subject to
-15-1ASTM specification D6751 (amended Code sections 214A.1 and
2214A.2).
3WEIGHTS AND MEASURES — TESTING LABORATORY. The bill
4expressly recognizes the Iowa central fuel testing laboratory
5at Iowa central community college as the official laboratory
6for testing motor fuels, biofuels, and renewable fuels (amended
7Code section 214A.2B).
8WEIGHTS AND MEASURES — CODE EDITOR DIRECTIVE. The bill
9transfers Code section 214A.16 from subchapter I to subchapter
10II of Code chapter 214A. The Code section regulates a notice
11required to be posted for consumers purchasing renewable fuels.
12In 2022, the general assembly enacted 2022 Iowa Acts, chapter
131152, which reorganized Code chapter 214A. Subchapter I
14regulates general matters such as standards and classifications
15and subchapter II regulates the advertisement, sale, and use
16of motor fuel.
17WEIGHTS AND MEASURES — PENALTY. A person who fails to allow
18for an inspection of a motor fuel pump is guilty of a simple
19misdemeanor.
20WATER QUALITY. DALS regulates two water quality
21initiatives, including water quality agriculture infrastructure
22programs (amended Code section 466B.43) and the water quality
23urban infrastructure program (amended Code section 466B.44).
24The initiative is supported by the water quality initiative
25fund (Code section 466B.45), the water quality infrastructure
26fund (Code section 8.57B), and the water quality financial
27assistance fund (Code section 16.134A). Moneys in the last
28fund (15 percent) are appropriated to support the water quality
29urban infrastructure program. The bill provides that DALS
30may use moneys available to support the water quality urban
31infrastructure program to instead support the water quality
32agriculture infrastructure programs. The bill also eliminates
33dates in several Code sections that are now extraneous.
34APPLICABLE PENALTIES. A simple misdemeanor is punishable by
35confinement for no more than 30 days and a fine of at least $105
-16-1but not more than $855.
-17-da/ns