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    CHAPTER 159DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
    SUBCHAPTER I
    GENERAL PROVISIONS
    159.1Definitions.
    159.2Objects of department.
    159.3Cooperation.
    159.4Location.
    159.5Powers and duties.
    159.6Additional duties.
    159.6AContributions.
    159.7Intake airprobes not approved.
    159.8Comprehensive management plan highly erodible acres.
    159.9Internet access to statutes and rules.
    159.10through 159.13 Reserved.
    159.14Bonds. Repealed by 2012 Acts, ch 1095, §7.
    159.15Biennial report. Repealed by 2001 Acts, ch 129, §7.
    159.16Duty of peace officers.
    159.17Interference with department.
    159.18Publicizing of farm programs.
    159.19Salary.
    SUBCHAPTER II
    AGRICULTURAL MARKETING
    PART 1
    GENERAL
    159.20Powers of department.
    159.21International relations fund.
    159.22Grants and gifts of funds.
    159.23Special fund.
    159.24Grades or classifications of farm products.
    159.25Iowa seal.
    PART 2
    CHOOSE IOWA PROMOTIONAL PROGRAM
    159.26Definitions.
    159.27Administration.
    159.28Choose Iowa promotional program.
    159.29Choose Iowa logo.
    159.30Choose Iowa licensing agreement fees.
    159.31Choose Iowa fund.
    PART 3
    DAIRY INNOVATION FUND AND PROGRAM
    159.31ADairy innovation fund and program.
    SUBCHAPTER III
    DEPOSITARIES — ASSISTANCE SERVICES
    159.32Definitions.
    159.33Assistance services — authority to contract with depositary.
    159.34Assistance services — filing documents.
    159.35Assistance services — collection of moneys.
    159.36Filing documents and payment of moneys to department.
    SUBCHAPTER IV
    SPECIAL QUALITY GRAINS
    159.37Special quality grains electronic bulletin board. Repealed by 2001 Acts, ch 129, §7.
    SUBCHAPTER IGENERAL PROVISIONS159.1Definitions.For the purposes of subtitles 1 through 3 of this title, excluding chapters 161A and 161C, unless otherwise provided:1.  “Department” means the department of agriculture and land stewardship and if the department is required or authorized to do an act, unless otherwise provided, the act may be performed by an officer, regular assistant, or duly authorized agent of the department.2.  “Person” includes an individual, a corporation, company, firm, society, or association; and the act, omission, or conduct of any officer, agent, or other person acting in a representative capacity shall be imputed to the organization or person represented, and the person acting in such capacity shall also be liable for violation of subtitles 1 through 3 of this Title, excluding chapters 161A and 161C.3.  “Secretary” means the secretary of agriculture.[S13, §1657-b; C24, 27, 31, 35, 39, §2586; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.1]86 Acts, ch 1245, §604, 91 Acts, ch 74, §1, Acts, ch , §, 94 Acts, ch 1023, §13, 97 Acts, ch 193, §1, 2010 Acts, ch 1061, §33, 34, 2015 Acts, ch 30, §63159.2Objects of department.The objects of the department of agriculture and land stewardship shall be:1.  To encourage, promote, and advance the interests of agriculture, including horticulture, livestock industry, dairying, cheese making, poultry raising, biofuels, beekeeping, production of wool, production of domesticated fur-bearing animals, and other kindred and allied industries.2.  To encourage a relationship between people and the land that recognizes land as a resource to be managed in a manner that avoids irreparable harm.3.  To develop and implement policies that inspire public confidence in the long-term future of agriculture as an economic activity as well as a way of life.4.  To administer efficiently and impartially the inspection service of the state as is now or may hereafter be placed under its supervision.[S13, §1657-b, -g; C24, 27, 31, 35, 39, §2587; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.2]86 Acts, ch 1245, §605, 2012 Acts, ch 1095, §1Referred to in 7E.5159.3Cooperation.1.  The department and the Iowa state university of science and technology shall cooperate in all ways that may be beneficial to the agricultural interests of the state, but without duplicating research or educational work conducted by the university. This section does not subordinate either the department or the university in their spheres of action.2.  The department may cooperate with the United States department of agriculture as the department deems wise and just.[C97, §1677; S13, §1657-g; C24, 27, 31, 35, 39, §2588; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.3]1986 Acts, ch 1245, §606159.4Location.The department of agriculture and land stewardship shall be located at the seat of government.[C97, §1678; SS15, §2507; C24, 27, 31, 35, 39, §2589; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.4]159.5Powers and duties.The secretary of agriculture is the head of the department of agriculture and land stewardship which shall:1.  Carry out the objects for which the department is created and maintained.2.  Establish and maintain such divisions in the department as are necessary for the proper enforcement of the laws administered by it.3.  Consolidate the inspection service of the state in respect to the laws administered by the department so as to eliminate duplication of inspection insofar as practicable.4.  Maintain a climatology bureau which shall, in cooperation with the national weather service, collect and disseminate weather and phenological statistics and meteorological data, and promote knowledge of meteorology, phenology, and climatology of the state. The bureau shall be headed by the state climatologist who shall be appointed by the secretary of agriculture, and shall be an officer of the national weather service, if one is detailed for that purpose by the federal government.5.  Issue weekly weather and crop bulletins from April 1 to October 1 of each year, and edit and cause to be published monthly weather reports, containing meteorological matter in its relationship to agriculture, transportation, commerce, and the general public.6.  Cooperate with the United States department of agriculture statistical reporting service, to gather, compile, and publish statistical information concerning the condition and progress of crops, the production of crops, livestock, livestock products, poultry, and other such related agricultural statistics, as will generally promote knowledge of the agricultural industry in the state of Iowa. The statistics, when published, constitute official agricultural statistics for the state of Iowa. 7.  Cooperate with the agricultural marketing service of the United States department of agriculture to collect and disseminate data and information relative to the market prices and conditions of agricultural products raised, produced, and handled in the state. 8.  Inspect and supervise all meat, poultry, or dairy producing or distributing establishments including the furniture, fixtures, utensils, machinery, and other equipment so as to prevent the production, preparation, packing, storage, or transportation of meat, poultry, or dairy products in a manner detrimental to the character or quality of those products.9.  Approve all methods of probing for foreign material content of any type of grain.10.  Establish, publish, and enforce rules not inconsistent with law for the enforcement of the provisions of subtitles 1 through 3 of this title, excluding chapters 161A and 161C, and for the enforcement of the various laws, the administration and supervision of which are imposed upon the department.11.a.  Establish a swine tuberculosis eradication program including but not limited to all of the following:(1)  The inspection of swine herds in this state when the department finds that an animal from a swine herd has, or is believed to have, tuberculosis.(2)  Ear tagging or otherwise physically marking all swine reacting positively to tests for tuberculosis.(3)  Condemning any swine which has tuberculosis.(4)  Depopulating any swine herd where tuberculosis is found to be generally present.(5)  Compensate the owners of condemned swine as provided under section 165.18, following the general procedures for filing claims and paying indemnities as provided in chapter 165.b.  If the department finds that the source of the tuberculosis in a swine herd is from another species of animal, except bovine, located on or near the premises on which the affected swine herd is located, the department may destroy those animals and indemnify the owners of the condemned animals as provided in chapter 163.12.  Create and maintain a division of soil conservation and water quality as provided in chapter 161A. The division’s director shall be appointed by the secretary from a list of names of persons recommended by the soil conservation and water quality committee, pursuant to section 161A.4, and shall serve at the pleasure of the secretary. The director shall be the administrator responsible for carrying out the provisions of chapters 207 and 208.13.  Establish and administer programs for the inspection and control of disease among livestock as defined in section 717.1.14.  In the administration of programs relating to water quality improvement and watershed improvements, cooperate with the department of natural resources in order to maximize the receipt of federal funds.1. [C24, 27, 31, 35, 39, §2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]2. [S13, §1657-g; C24, 27, 31, 35, 39, §2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]3. [C24, 27, 31, 35, 39, §2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]4. [C97, §1677, 1678; C24, 27, 31, 35, 39, §2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]5. [C97, §1679, 1680; S13, §1679; C24, 27, 31, 35, 39, §2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]6. [C97, §1679; S13, §1679; C24, 27, 31, 35, 39, §2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]7. [C97, §1680; S13, §1363; C24, 27, 31, 35, 39, §2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]8. [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]9. [S13, §2527-d5, 4527-m; C24, 27, 31, 35, 39, §2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]10. [C79, 81, S81, §159.5(10)]11. [S13, §2528-d10; C24, 27, 31, 35, 39, §2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §159.5(10); C79, 81, S81, §159.5(11)]12. [C46, 50, 54, 58, 62, 66, §185.2; C71, 73, 75, 77, §159.5(11); C79, 81, S81, §159.5(12)]13. [C75, 77, §159.5(12); C79, 81, S81, §159.5(13); 1981 Acts, ch 117, §1019; 1982 Acts, ch 1104, §4]83 Acts, ch 96, §60, 157, 159, 83 Acts, ch 123, §69, 209, 84 Acts, ch 1067, §22, 86 Acts, ch 1137, §1, 86 Acts, ch 1245, §607, 608, 87 Acts, ch 115, §26, 88 Acts, ch 1134, §32, 89 Acts, ch 83, §29, 89 Acts, ch 106, §1, 94 Acts, ch 1023, §14, 99 Acts, ch 96, §15, 2000 Acts, ch 1038, §1, 2003 Acts, ch 74, §1, 2006 Acts, ch 1030, §16, 2007 Acts, ch 211, §36, 2009 Acts, ch 41, §57, 2010 Acts, ch 1061, §35, 2012 Acts, ch 1095, §2 – 5, 2015 Acts, ch 103, §24, 2017 Acts, ch 159, §1, 2019 Acts, ch 128, §1, 2021 Acts, ch 149, §1Referred to in 159.6, 159.7, 161A.3, 161A.4, 161C.1, 161D.1, 165.18, 207.2, 208.2, 456.11, 460.101, 466B.41, 484B.10159.6Additional duties.In addition to the duties imposed by section 159.5 the department shall enforce the law relative to:1.  Infectious and contagious diseases among animals, chapter 163.2.  Eradication of bovine tuberculosis, chapter 165.3.  Classical swine fever virus and classical swine fever serum, chapter 166.4.  Use and disposal of dead animals, chapter 167.5.  Practice of veterinary medicine and surgery, chapter 169.6.  Regulation and inspection of foods, drugs, and other articles, as provided in subtitle 4. However, chapter 205 shall be enforced as provided in that chapter. Except as expressly authorized in subtitle 4, the department shall not regulate any of the following:a.  The production, processing, labeling, marketing, or distribution of raw milk by a raw milk producer in compliance with chapter 195.b.  The manufacture, labeling, marketing, or distribution of a raw milk product or raw milk dairy product by a raw milk producer in compliance with chapter 195.7.  State aid received by certain associations as provided in chapters 176A through 182, 186, and 352.8.  Coal mining and mines as set forth in chapters 207 and 208.9.  Soil and water conservation as set forth in chapters 161A, 161C, 161E, and 161F.10.  Grain dealers as set forth in chapter 203.11.  Bonded warehouses for agricultural products as set forth in chapter 203C.12.  The grain depositors and sellers indemnity fund as set forth in chapter 203D.[C24, 27, 31, 35, 39, §2591; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.6]86 Acts, ch 1245, §609, 88 Acts, ch 1053, §1, 88 Acts, ch 1134, §33, 34, 89 Acts, ch 83, §30, 89 Acts, ch 197, §24, 90 Acts, ch 1009, §1, 94 Acts, ch 1023, §15, 98 Acts, ch 1032, §1, 2, 2002 Acts, ch 1017, §2, 8, 2003 Acts, ch 44, §40, 116, 2003 Acts, ch 69, §23, 2004 Acts, ch 1082, §4, 2012 Acts, ch 1095, §33, 2017 Acts, ch 159, §2, 2023 Acts, ch 75, §7
    Subsection 6 amended
    159.6AContributions.The department may accept contributions, including gifts and grants, in order to carry out and administer the provisions of this chapter and chapter 460, subchapter III. The department shall maintain an itemized accounting of the contributions. At the end of each fiscal year, the department shall prepare a list recognizing private contributors.1992 Acts, ch 1239, §25Referred to in 163.3B159.7Intake airprobes not approved.The secretary shall not approve the use of end intake airprobes, which use a vacuum to collect a sample from a load of grain, pursuant to section 159.5, subsection 9. A person who uses a method of probing for foreign material content of grain which is not approved by the secretary is guilty of a simple misdemeanor.[C81, §159.7]159.8Comprehensive management plan highly erodible acres.1.  The department shall request cooperation from the federal government, including the United States department of agriculture consolidated farm service agency and the United States department of agriculture natural resources conservation service, to investigate methods to preserve land which is highly erodible, as provided in the federal Food Security Act of 1985, 16 U.S.C. §3801 et seq., for the purpose of developing with owners of the land a comprehensive management plan for the land. The plan may be based on the soil conservation plan of the natural resources conservation service and may include a farm unit conservation plan and a comprehensive agreement as provided in chapter 161A. The extension services at Iowa state university of science and technology shall cooperate with the department in developing the comprehensive plan.2.  The investigation shall include methods which help to preserve highly erodible land from row crop production through production of alternative commodities, and financial incentives. 89 Acts, ch 188, §1, 95 Acts, ch 216, §25, 2012 Acts, ch 1095, §8159.9Internet access to statutes and rules.The statutes relating to and rules adopted by the department shall be made available on the internet.[C24, 27, 31, 35, 39, §2594; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.9]2012 Acts, ch 1095, §6159.10 through 159.13 159.14Bonds.Repealed by 2012 Acts, ch 1095, §7.159.15Biennial report.Repealed by 2001 Acts, ch 129, §7. 159.16Duty of peace officers.All peace officers of the state when called upon by the secretary or any officer or authorized agent of the department shall enforce its rules and execute its lawful orders within their respective jurisdictions, and upon the request of the secretary such officers shall make such inspections as directed by the secretary and report the results thereof to the secretary.[C24, 27, 31, 35, 39, §2601; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.16]Referred to in 163.33159.17Interference with department.Any person resisting or interfering with the department, its employees or authorized agents, in the discharge of any duty imposed by law shall be guilty of a simple misdemeanor.[C97, §2526; S13, §2528-c, -f3, 4999-a25, -a39, 5077-a23; SS15, §3009-r; C24, 27, 31, 35, 39, §2602; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.17]159.18Publicizing of farm programs.1.  As used in this section, “farm programs” includes but is not limited to financial incentive programs established within the department’s division of soil conservation and water quality as provided in section 161A.70 and the beginning farmer loan program administered by the Iowa finance authority as provided in chapter 16.2.  The department shall publicize the availability of farm programs to women and minority persons. The department shall disseminate the information electronically or by publishing printed brochures for distribution to locations and institutions serving farmers, including departmental offices, financial institutions participating in farm programs, and soil and water conservation district offices.3.  The department shall cooperate with private institutions and public agencies in order to carry out this section, including the economic development authority and the United States department of agriculture.2000 Acts, ch 1224, §25, 2011 Acts, ch 118, §85, 89, 2013 Acts, ch 100, §22, 27, 2014 Acts, ch 1080, §83, 98, 2015 Acts, ch 103, §25159.19Salary.The salary of the secretary of agriculture shall be as fixed by the general assembly.[C31, 35, §2603-c1; C39, §2603.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.19]    SUBCHAPTER IIAGRICULTURAL MARKETINGPART 1GENERAL159.20Powers of department.1.  The department shall perform duties designed to lead to more advantageous marketing of Iowa agricultural commodities. The department may do any of the following:a.  Investigate the marketing of agricultural commodities.b.  Promote the sale, distribution, and merchandising of agricultural commodities.c.  Furnish information and assistance concerning agricultural commodities to the public.d.  Cooperate with the college of agriculture and life sciences of the Iowa state university of science and technology in encouraging agricultural marketing education and research.e.  Accumulate and diffuse information concerning the marketing of agricultural commodities in cooperation with persons, agencies, or the federal government.f.  Investigate methods and practices related to the processing, handling, grading, classifying, sorting, weighing, packing, transportation, storage, inspection, or merchandising of agricultural commodities within this state.g.  Ascertain sources of supply for Iowa agricultural commodities. The department shall prepare and periodically publish lists of names and addresses of producers and consignors of agricultural commodities.h.  Perform inspection or grading of an agricultural commodity if requested by a person engaged in the production, marketing, or processing of the agricultural commodity. However, the person must pay for the services as provided by rules adopted by the department.i.  Cooperate with the economic development authority to avoid duplication of efforts between the department and the agricultural marketing program operated by the economic development authority.j.  Provide for the promotion and expansion of renewable fuels and coproducts, by doing all of the following:(1)  Assist the office of renewable fuels and coproducts in administering the provisions of chapter 159A, subchapter II.(2)  Assist the renewable fuel infrastructure board, provide for the administration of the renewable fuel infrastructure programs, and provide for the management of the renewable fuel infrastructure fund, as provided in chapter 159A, subchapter III.2.  The department shall establish and administer a choose Iowa promotional program as provided in part 2 of this subchapter, in order to provide consumers a choice in purchasing food items that originate as an agricultural commodity produced on Iowa farms.3.  As used in this subchapter:a.  “Agricultural commodity” means any unprocessed agricultural product, including animals, agricultural crops, and forestry products grown, raised, produced, or fed in Iowa for sale in commercial channels.b.  “Commercial channels” means the processes for sale of an agricultural commodity or unprocessed product from the agricultural commodity to any person, public or private, who resells the agricultural commodity for breeding, processing, slaughter, or distribution.[C62, 66, 71, 73, 75, 77, 79, 81, §159.20]86 Acts, ch 1245, §610, 91 Acts, ch 254, §4, 92 Acts, ch 1163, §39, 92 Acts, ch 1239, §26 – 28, 94 Acts, ch 1119, §10, 98 Acts, ch 1032, §3, 2008 Acts, ch 1032, §27, 2009 Acts, ch 41, §58, 2010 Acts, ch 1031, §237, 2011 Acts, ch 113, §45, 56, 2011 Acts, ch 118, §85, 89, 2012 Acts, ch 1021, §121, 141, 144, 2022 Acts, ch 1152, §1159.21International relations fund.1.  An international relations fund is created in the state treasury under the control of the department. The fund is 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.2.  Moneys in the fund are subject to an annual audit by the auditor of state. 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 exclusively to support costs incurred by the department related to promoting the sale of Iowa agricultural commodities and agricultural products to government officials and business leaders of other nations. The department may use moneys in the fund to support travel, including international travel, for the secretary of agriculture or the secretary’s designee, and hosting or attending trade missions, functions, or events.4.  Section 8.33 shall not apply to moneys in 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.2000 Acts, ch 1224, §26; 2003 Acts, ch 145, §286159.22Grants and gifts of funds.The secretary may accept grants and allotments of funds from the federal government and enter into cooperative agreements with the United States department of agriculture for projects to effectuate a purpose described in this subchapter.[C62, 66, 71, 73, 75, 77, 79, 81, §159.22]1991 Acts, ch 254, §5; 1992 Acts, ch 1239, §29159.23Special fund.All fees collected as a result of the inspection and grading provisions set out in this chapter shall be paid into the state treasury, there to be set aside in a separate fund which is hereby appropriated for the use of the department except as indicated. Withdrawals from the fund shall be by warrant of the director of the department of administrative services upon requisition by the secretary of agriculture. The fund shall be continued from year to year, provided, however, that if there be any balance remaining at the end of the biennium which, in the opinion of the governor, director of the department of management, and secretary of agriculture, is greater than necessary for the proper administration of the inspection and grading program referred to in this section, the treasurer of state is hereby authorized on the recommendation and with the approval of the governor, director of the department of management, and secretary of agriculture to transfer to the general fund of the state that portion of such account as they shall deem advisable.[C62, 66, 71, 73, 75, 77, 79, 81, §159.23]92 Acts, ch 1239, §30, 2003 Acts, ch 145, §286, 2015 Acts, ch 29, §114, 2020 Acts, ch 1063, §66159.24Grades or classifications of farm products.A certificate of the grade, or other classification, of any farm products issued under this chapter shall be accepted in any court of this state as prima facie evidence of the true grade or classification of such farm products as the same existed at the time of their classification.[C62, 66, 71, 73, 75, 77, 79, 81, §159.24]1992 Acts, ch 1239, §31159.25Iowa seal.1.  A seal for agricultural products shall be created under the direction of the department of agriculture and land stewardship to identify agricultural products that have been produced or processed in the state. The department shall certify that agricultural products marked with the Iowa seal are of the quality and specifications warranted by the sellers of those products.2.  The department of agriculture and land stewardship shall adopt rules under chapter 17A to provide methods of identifying, marking, and grading agricultural products, to prevent any misleading use of the Iowa seal, and as necessary or advisable to fully implement this section.3.a.  A violation of a rule adopted by the department of agriculture and land stewardship to implement this section is a simple misdemeanor.b.  A fraudulent use of the term “Iowa Seal” or of the identifying mark for the Iowa seal, or a deliberately misleading or unwarranted use of the term or identifying mark is a serious misdemeanor.1987 Acts, ch 107, §1CS87, §159.312003 Acts, ch 48, §7CS2003, §159.272017 Acts, ch 54, §30, 2022 Acts, ch 1152, §8159.25PART 2CHOOSE IOWA PROMOTIONAL PROGRAMReferred to in 159.20159.26Definitions.As used in this part:1.  “Food item” means any of the following:a.  A perishable item derived from an agricultural commodity, or processed from an agricultural commodity, that is fit for human consumption.b.  Honey produced from bees in a managed beehive.2.  “Iowa farm” means land in this state used to produce an agricultural commodity.3.  “Process” means to prepare a food item in a manner that allows it to be fit for human consumption.4.  “Program” means the choose Iowa promotional program established in section 159.28.2022 Acts, ch 1152, §2159.27Administration.The department shall administer the provisions of this part, including by adopting rules pursuant to chapter 17A as it determines are necessary or desirable.2022 Acts, ch 1152, §3
    Former §159.27 transferred to §159.25; 2022 Acts, ch 1152, §8
    159.28Choose Iowa promotional program.1.  The department shall establish and administer a choose Iowa promotional program to advertise for sale on a retail basis a food item that originates as an agricultural commodity produced on an Iowa farm, and that may include any of the following:a.  An agricultural commodity, except that it may be prepared for sale by washing or packaging in this state.b.  A product, if it is processed in this state and any of its ingredients originate as an agricultural commodity produced on an Iowa farm.2.a.  The department may adopt rules further defining an Iowa farm and describing how an agricultural commodity originates on an Iowa farm.b.  The department may adopt rules providing for the acceptable use of ingredients originating from agricultural commodities not produced on Iowa farms. In adopting the rules, the department may consider whether the ingredient is an incidental additive or other component that the department determines is insignificant.2022 Acts, ch 1152, §4Referred to in 159.26159.29Choose Iowa logo.1.  As part of the program, the department may establish a choose Iowa logo to identify a food item originating as an agricultural commodity produced on an Iowa farm.2.  The department may register the choose Iowa logo as a mark with the secretary of state under chapter 548. If allowed under federal law, the department may also register the logo as a trademark with the United States patent and trademark office or as a copyright with the United States copyright office.3.  This section does not require the department to incorporate the name “choose Iowa” as part of a mark, trademark, or copyright, if such name is already protected by state or federal law.4.  If the department registers a mark with the secretary of state, registers a trademark with the United States patent and trademark office, or registers a copyright with the United States copyright office under this section, the state of Iowa shall be named as the owner of the mark, trademark, or copyright.5.  The use of a choose Iowa logo does not do any of the following:a.  Provide an express or implied guarantee or warranty concerning the safety, fitness, merchantability, or use of a food item.b.  Supersede, revise, or replace a state or federal labeling requirement, including but not limited to a provision in the federal Fair Packaging and Labeling Act, 15 U.S.C.§1451 et seq.c.  Indicate the grade, specification, standard, or value of any food item.2022 Acts, ch 1152, §5159.30Choose Iowa licensing agreement fees.1.  A person may apply to the department to participate in the choose Iowa promotional program according to procedures established by rules adopted by the department. The department shall evaluate and approve or disapprove applications based on criteria established by rules adopted by the department. The department may disapprove an application if the department determines the applicant’s use of the choose Iowa logo would be associated with the consumption of an adulterated or illegal food item.2.  The department may enter into a licensing agreement with a person participating in the program. The participating person may use the choose Iowa logo to advertise a food item originating as an agricultural commodity produced on an Iowa farm, subject to terms and conditions required by rules adopted by the department. A licensing agreement shall not be for more than one year.3.  The department shall establish application and license fees by rules adopted by the department.2022 Acts, ch 1152, §6Referred to in 159.31159.31Choose Iowa fund.1.  A choose Iowa fund is established in the state treasury under the management and control of the department.2.  The fund shall include moneys collected as fees by the department as provided in section 159.30, moneys appropriated by the general assembly, and other moneys available to and obtained or accepted by the department, including moneys from public or private sources.3.  Moneys in the fund are appropriated to the department and shall be used exclusively to carry out the provisions of this part as determined and directed by the department, and shall not require further special authorization by the general assembly.4.a.  Notwithstanding section 12C.7, interest or earnings on moneys in the fund shall be credited to the fund.b.  Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the end of a fiscal year shall not revert.2022 Acts, ch 1152, §7    PART 3DAIRY INNOVATION FUND AND PROGRAM159.31ADairy innovation fund and program.1.  As used in this section unless the context otherwise requires:a.  “Financial assistance” means assistance provided only from the moneys and assets legally available to the department pursuant to this section and includes assistance in the form of grants, low-interest loans, and forgivable loans.b.  “Fund” means the dairy innovation fund.c.  “Located in” means the place or places at which a business’s operations are located and where at least ninety-eight percent of the business’s employees work, or where employees that are paid at least ninety-eight percent of the business’s payroll work.d.  “Program” means the dairy innovation program.2.a.  The fund is created in the state treasury under the control of the department and consists of any moneys appropriated to the fund by the general assembly and any other moneys available to or obtained or accepted by the department for placement in the fund. Moneys in the fund are appropriated to the department to award financial assistance as provided under the program. The department shall use any moneys specifically appropriated for purposes of this section only for the purposes of the program.b.  Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.3.  The department shall establish and administer the program for the purpose of awarding financial assistance to eligible businesses engaged in projects that do one or more of the following:a.  Expand or refurbish existing milk plants or establish a new milk plant, operating pursuant to a permit issued pursuant to section 192.111.b.  Expand or refurbish existing mobile dairy processing units, or establish new mobile dairy processing units.c.  Rent buildings, refrigeration facilities, freezer facilities, or equipment necessary to expand dairy processing capacity, including mobile dairy or refrigeration units used exclusively for dairy processing.d.  Incorporate methods and technologies that reduce farm labor associated with milk production and storage, including but not limited to the use of robotics and processes or systems that operate using computerized equipment or machinery.4.  The department shall establish eligibility criteria for the program by rule. The eligibility criteria must include all of the following:a.  The business must be located in this state.b.  The business must not have been subject to any regulatory enforcement action related to federal, state, or local environmental, worker safety, food processing, or food safety laws, rules, or regulations within the last five years.c.  The business must only employ individuals legally authorized to work in this state.d.  The business must not currently be in bankruptcy.e.  The business must employ less than fifty individuals.5.  A business seeking financial assistance under this section shall make application to the department in the manner prescribed by the department by rule.6.  Applications shall be accepted during one or more annual application periods to be determined by the department by rule. Upon reviewing and scoring all applications that are received during an application period, and subject to funding, the department may award financial assistance to eligible businesses. A financial assistance award shall not exceed the amount of eligible project costs included in the eligible business’s application. Priority shall be given to eligible businesses whose proposed project under subsection 3 will do any of the following:a.  Create new jobs.b.  Create or expand opportunities for local small-scale milk producers to market pasteurized milk and milk products under private labels.c.  Provide greater flexibility or convenience for local small-scale farmers to have milk processed.d.  Reduce labor associated with the on-farm production and storage of milk.7.  A business that is awarded financial assistance under this section may apply for financial assistance under other programs administered by the authority.*8.  The department shall adopt rules pursuant to chapter 17A to administer this section.2023 Acts, ch 101, §1
    *The word “department” probably intended; corrective legislation is pending
    NEW section
    SUBCHAPTER IIIDEPOSITARIES — ASSISTANCESERVICES159.32Definitions.As used in this subchapter, unless the context otherwise requires:1.  “Depositary” means a qualified person who executes a contract with the department pursuant to section 159.33 to provide assistance services as provided in this subchapter.2.  “Electronic funds transfer” means a remote electronic transmission used for ordering, instructing, or authorizing a financial institution to apply money to or credit the account of the payee and debit the account of the payer. The remote electronic transmission may be initiated by telephone, computer, or similar device.3.  “Filing document” means any of the following:a.  An application for a license, permit, or certification, required to be submitted to the department as provided in this title.b.  A registration required to be submitted to the department as provided in this title.4.  “Filing document fee” means a fee or other charge established by statute or rule which is required to accompany a filing document submitted to the department as provided in this title.2003 Acts, ch 48, §2159.33Assistance services — authority to contract with depositary.Whenever practical, the department may execute a contract with a person qualified to provide assistance services under this subchapter, if the contract for the assistance services is cost-effective and the quality of the services ensures compliance with state and any applicable federal law. A person executing a contract with the department for the purpose of providing the assistance services shall be deemed to be a depositary of the state and an agent of the department only for purposes expressly provided in this subchapter. The department shall periodically review assistance services performed by a person under the contract to ensure that quality, cost-effective service is being provided.2003 Acts, ch 48, §3Referred to in 159.32159.34Assistance services — filing documents.1.  A contract executed under this subchapter may require that a depositary provide for the receipt, acceptance, and storage of filing documents that are sent in an electronic format to the depositary by persons who would otherwise be required to submit filing documents to the department under other provisions of this title. The contract shall be governed under the same provisions as provided in section 8A.106.2.a.  A depositary must send filing documents that it receives to the department for processing, including for the approval or disapproval of an application or the acknowledgment of a registration. The receipt of the filing document by the depositary shall be deemed receipt of the filing document but not an approval of an application or acknowledgment of a registration by the department.b.  A depositary may send a person notice of the department’s approval or disapproval of an application or acknowledgment of a registration. The department and not a depositary shall be considered the lawful custodian of the department’s filing documents which shall be public records as provided in chapter 22.3.  A filing document that is transmitted electronically to a depositary or from a depositary to another person is an electronic record for purposes of chapter 554D. An application or registration required to be signed must be authenticated by an electronic signature as provided by the department in conformance with chapter 554D.2003 Acts, ch 48, §4; 2004 Acts, ch 1101, §25159.35Assistance services — collection of moneys.1.  A contract executed under this subchapter may require that a depositary provide for the receipt, acceptance, and transmission of moneys owed to the department by a person in order to satisfy a liability arising from the operation of law which is limited to filing document fees and civil penalties. These moneys are public funds or public deposits as provided in chapter 12. The depositary shall transfer the moneys to the department for deposit into the general fund of the state unless the disposition of the moneys is specifically provided for under other law.2.  A depositary may commit its assets to lines of credit pursuant to credit arrangements, including but not limited to agreements with credit and debit cardholders and with other credit or debit card issuers. The depositary may accept forms of payment including credit cards, debit cards, or electronic funds transfer.3.  The moneys owed to the department shall not exceed the amount required to satisfy the liability arising from the operation of law. However, the contract executed under this subchapter may provide for assistance service charges, including service delivery fees, credit card fees, debit card fees, and electronic funds transfer charges payable to the depositary or another party and not to the state. An assistance service charge shall not exceed that permitted by statute. The contract may also provide for the retention of interest earned on moneys under the control of the depositary. These moneys are not considered public funds or public deposits as provided in chapter 12.4.  The depositary, as required by the department for purposes of determining compliance, shall send information to the department including payment information for an identified filing document fee or the payment of a specific civil penalty.5.  Each calendar year, the auditor of state shall conduct an annual audit of the activities of the depositary.2003 Acts, ch 48, §5Referred to in 12C.1159.36Filing documents and payment of moneys to department.Nothing in this subchapter shall prevent a person from submitting a filing document or making a payment to the department as otherwise provided in this title.2003 Acts, ch 48, §6SUBCHAPTER IVSPECIAL QUALITY GRAINS159.37Special quality grains electronic bulletin board.Repealed by 2001 Acts, ch 129, §7.