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1 1 Section 1. NEW SECTION. 172A.14 PRICE DISCRIMINATION –
1 2 PROHIBITION.
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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