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Text: SF02342                           Text: SF02344
Text: SF02300 - SF02399                 Text: SF Index
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Senate File 2343

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Bill Text

  1  1    Section 1.  NEW SECTION.  172A.14  PRICE DISCRIMINATION –
  1  3    1.  Except as provided in this section, a dealer or a
  1  4 broker, or an agent purchasing livestock for slaughter shall
  1  5 not discriminate in prices paid or offered to be paid to
  1  6 sellers of that livestock.
  1  7    2.  This section shall not apply to a person exempted from
  1  8 the license and financial responsibility provisions of this
  1  9 chapter pursuant to section 172A.6.  This section shall not
  1 10 apply to a livestock market as defined in section 455B.161.
  1 11 This section shall not apply to a person purchasing cattle,
  1 12 including calves, for slaughter.  This section shall also not
  1 13 apply, if all of the following requirements are met:
  1 14    a.  The price differential is based on one of the
  1 15 following:
  1 16    (1)  The quality of the livestock, if the broker, dealer,
  1 17 or agent purchases the livestock based upon a payment method
  1 18 specifying prices paid for criteria relating to carcass merit.
  1 19    (2)  Actual and quantifiable costs related to transporting
  1 20 and acquiring the livestock by the broker or dealer, or the
  1 21 agent.
  1 22    (3)  An agreement for the delivery of livestock at a
  1 23 specified date or time.
  1 24    (4)  The number of livestock purchased from a seller by a
  1 25 dealer or a broker, or an agent.
  1 26    b.  After making a differential payment to a seller, the
  1 27 broker, dealer, or agent publishes information relating to the
  1 28 differential pricing, including the payment method for carcass
  1 29 merit, transportation and acquisition pricing, and an offer to
  1 30 enter into an agreement for the delivery of livestock at a
  1 31 specified date or time according to the same terms and
  1 32 conditions offered to other sellers.
  1 33    3.  A broker, dealer, or agent shall provide all sellers
  1 34 with the same terms and conditions offered to a seller who
  1 35 receives a differential price based on any of the criteria
  2  1 described in subsection 2, paragraph "a".
  2  2    4.  The dealer, broker, or agent shall, at the beginning of
  2  3 each day in which livestock are purchased, post in a
  2  4 conspicuous place at the point of delivery, all prices for
  2  5 livestock to be paid that day.
  2  6    5.  An agreement made by a broker or dealer, or an agent
  2  7 with a seller in violation of this section is voidable.
  2  8    6.  A broker or dealer, or an agent acting in violation of
  2  9 this section is guilty of a fraudulent practice as provided in
  2 10 chapter 714.
  2 11    7.  The attorney general shall enforce this section.  The
  2 12 department shall refer any violations of this chapter to the
  2 13 attorney general.  The attorney general or any person injured
  2 14 by a violation of this section may bring an action in district
  2 15 court to restrain a dealer or broker, or an agent from
  2 16 violating this section.  A seller who receives a
  2 17 discriminatory price or who is offered only a discriminatory
  2 18 price for livestock based upon a violation of this section by
  2 19 a broker or dealer, or an agent, has a civil cause of action
  2 20 against the broker or dealer, or an agent, and, if successful,
  2 21 shall be awarded treble damages.
  2 22    Sec. 2.  NEW SECTION.  172A.14A  REPORTING.
  2 23    1.  As used in this section:
  2 24    a.  "Packer" means a person, other than a packer's agent,
  2 25 who is engaged in this state or out-of-state in the business
  2 26 of slaughtering live animals or receiving, buying, or
  2 27 soliciting live animals for slaughtering, the meat products of
  2 28 which are directly or indirectly to be offered for resale or
  2 29 for public consumption.
  2 30    b.  "Packer's agent" means a person engaged in buying or
  2 31 soliciting livestock for slaughter on behalf of a packer.
  2 32    2.  A packer, other than a cold storage plant regulated
  2 33 under chapter 171 or a frozen food locker plant regulated
  2 34 under chapter 172, shall make available for publication and to
  2 35 a board of trade approved by the secretary of state, a daily
  3  1 report setting forth information regarding prices paid for
  3  2 livestock, under each contract in force, in which the packer
  3  3 or the packer's agent, and an Iowa resident are parties for
  3  4 the purchase of the livestock by the packer or the packer's
  3  5 agent, and which sets a date for delivery more than twenty
  3  6 days after the making of the contract.
  3  7    3.  The reports shall be completed on forms prepared by the
  3  8 secretary of state for comparison with cash market prices for
  3  9 livestock according to procedures required by the secretary of
  3 10 state.  However, a report shall not include information
  3 11 regarding the identity of a seller.
  3 12    4.  The failure to report as required by this section is
  3 13 punishable by a civil penalty not to exceed one thousand
  3 14 dollars for each day that a timely or truthful report is not
  3 15 published.  The secretary of state shall refer to the attorney
  3 16 general any packer or packer's agent who the secretary of
  3 17 state believes is in violation of this section.  The attorney
  3 18 general may, upon referral from the secretary of state, file
  3 19 an action in district court to enforce this section.  
  3 20 SF 2343
  3 21 da/cc/26

Text: SF02342                           Text: SF02344
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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