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PAG LIN
1 1 Amend the amendment, H-5482, to Senate File 2446,
1 2 as amended, passed, and reprinted by the Senate, as
1 3 follows:
1 4 #1. Page 15, by inserting before line 20 the
1 5 following:
1 6 "Sec. . NEW SECTION. 172A.14 PRICE
1 7 DISCRIMINATION – PROHIBITION.
1 8 1. Except as provided in this section, a dealer or
1 9 a broker, or an agent purchasing livestock for
1 10 slaughter shall not discriminate in prices paid or
1 11 offered to be paid to sellers of that livestock.
1 12 2. This section shall not apply to a person
1 13 exempted from the license and financial responsibility
1 14 provisions of this chapter pursuant to section 172A.6.
1 15 This section shall not apply to a livestock market as
1 16 defined in section 455B.161. This section shall not
1 17 apply to a person purchasing cattle, including calves,
1 18 for slaughter. This section shall also not apply, if
1 19 all of the following requirements are met:
1 20 a. The price differential is based on one of the
1 21 following:
1 22 (1) The quality of the livestock, if the broker,
1 23 dealer, or agent purchases the livestock based upon a
1 24 payment method specifying prices paid for criteria
1 25 relating to carcass merit.
1 26 (2) Actual and quantifiable costs related to
1 27 transporting and acquiring the livestock by the broker
1 28 or dealer, or the agent.
1 29 (3) An agreement for the delivery of livestock at
1 30 a specified date or time.
1 31 (4) The number of livestock purchased from a
1 32 seller by a dealer or a broker, or an agent.
1 33 b. After making a differential payment to a
1 34 seller, the broker, dealer, or agent publishes
1 35 information relating to the differential pricing,
1 36 including the payment method for carcass merit,
1 37 transportation and acquisition pricing, and an offer
1 38 to enter into an agreement for the delivery of
1 39 livestock at a specified date or time according to the
1 40 same terms and conditions offered to other sellers.
1 41 3. A broker, dealer, or agent shall provide all
1 42 sellers with the same terms and conditions offered to
1 43 a seller who receives a differential price based on
1 44 any of the criteria described in subsection 2,
1 45 paragraph "a".
1 46 4. The dealer, broker, or agent shall, at the
1 47 beginning of each day in which livestock are
1 48 purchased, post in a conspicuous place at the point of
1 49 delivery, all prices for livestock to be paid that
1 50 day.
2 1 5. An agreement made by a broker or dealer, or an
2 2 agent with a seller in violation of this section is
2 3 voidable.
2 4 6. A broker or dealer, or an agent acting in
2 5 violation of this section is guilty of a fraudulent
2 6 practice as provided in chapter 714.
2 7 7. The attorney general shall enforce this
2 8 section. The department shall refer any violations of
2 9 this chapter to the attorney general. The attorney
2 10 general or any person injured by a violation of this
2 11 section may bring an action in district court to
2 12 restrain a dealer or broker, or an agent from
2 13 violating this section. A seller who receives a
2 14 discriminatory price or who is offered only a
2 15 discriminatory price for livestock based upon a
2 16 violation of this section by a broker or dealer, or an
2 17 agent, has a civil cause of action against the broker
2 18 or dealer, or an agent, and, if successful, shall be
2 19 awarded treble damages.
2 20 Sec. . NEW SECTION. 172A.14A REPORTING.
2 21 1. As used in this section:
2 22 a. "Packer" means a person, other than a packer's
2 23 agent, who is engaged in this state or out-of-state in
2 24 the business of slaughtering live animals or
2 25 receiving, buying, or soliciting live animals for
2 26 slaughtering, the meat products of which are directly
2 27 or indirectly to be offered for resale or for public
2 28 consumption.
2 29 b. "Packer's agent" means a person engaged in
2 30 buying or soliciting livestock for slaughter on behalf
2 31 of a packer.
2 32 2. A packer, other than a cold storage plant
2 33 regulated under chapter 171 or a frozen food locker
2 34 plant regulated under chapter 172, shall make
2 35 available for publication and to a board of trade
2 36 approved by the secretary of state, a daily report
2 37 setting forth information regarding prices paid for
2 38 livestock, under each contract in force, in which the
2 39 packer or the packer's agent, and an Iowa resident are
2 40 parties for the purchase of the livestock by the
2 41 packer or the packer's agent, and which sets a date
2 42 for delivery more than twenty days after the making of
2 43 the contract.
2 44 3. The reports shall be completed on forms
2 45 prepared by the secretary of state for comparison with
2 46 cash market prices for livestock according to
2 47 procedures required by the secretary of state.
2 48 However, a report shall not include information
2 49 regarding the identity of a seller.
2 50 4. The failure to report as required by this
3 1 section is punishable by a civil penalty not to exceed
3 2 one thousand dollars for each day that a timely or
3 3 truthful report is not published. The secretary of
3 4 state shall refer to the attorney general any packer
3 5 or packer's agent who the secretary of state believes
3 6 is in violation of this section. The attorney general
3 7 may, upon referral from the secretary of state, file
3 8 an action in district court to enforce this section."
3 9 #2. Page 15, by striking lines 26 through 28.
3 10 #3. By renumbering as necessary.
3 11
3 12
3 13
3 14 WEIGEL of Chickasaw
3 15 SF 2446.523 76
3 16 da/jw
Text: H05628 Text: H05630 Text: H05600 - H05699 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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