Text: SF02347 Text: SF02349 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 8.60, subsection 6, Code 1995, is 1 2 amended to read as follows: 1 3 6. Fertilizer fund created in section 200.9, Code 1 4 Supplement 1993, and moneys collected for the administration 1 5 of chapter 201A relating to the regulation of limestone 1 6 products which were deposited in the fertilizer fund pursuant 1 7 to section 201.13, Code 1993 and Code 1995. 1 8 Sec. 2. Section 200.8, subsection 3, Code 1995, is amended 1 9 to read as follows: 1 10 3. If there is an unencumbered balance of funds from the 1 11 amount of the fees deposited in the general fund pursuant to 1 12 sections 200.9 and201.13201A.11 on June 30 of any fiscal 1 13 year equal to or exceeding three hundred fifty thousand 1 14 dollars, the secretary of agriculture shall reduce the per ton 1 15 fee provided for in subsection 1 and the annual license fee 1 16 established pursuant to section201.3201A.11 for the next 1 17 fiscal year in such amount as will result in an ending 1 18 estimated balance of such funds for June 30 of the next fiscal 1 19 year of three hundred fifty thousand dollars. 1 20 Sec. 3. NEW SECTION. 201A.1 TITLE. 1 21 This chapter shall be known and may be cited as the "Iowa 1 22 Agricultural Liming Material Act". 1 23 Sec. 4. NEW SECTION. 201A.2 DEFINITIONS. 1 24 As used in this chapter, unless the context otherwise 1 25 requires: 1 26 1. "Agricultural liming material" means a product having 1 27 calcium and magnesium compounds capable of neutralizing soil 1 28 acidity. 1 29 2. "Brand" means the term, designation, trade name, 1 30 product name, or other specific designation under which 1 31 individual agricultural liming material is offered for sale. 1 32 3. "Bulk" means material which is in a nonpackaged form. 1 33 4. "Effective calcium carbonate equivalent" means the 1 34 acid-neutralizing capacity of an agricultural liming material. 1 35 Sec. 5. NEW SECTION. 201A.3 LICENSE REQUIRED. 2 1 Agricultural liming material shall not be distributed in 2 2 this state unless the manufacturer of the agricultural liming 2 3 material obtains a license for each facility owned by the 2 4 manufacturer for distribution in this state. The manufacturer 2 5 shall obtain the license prior to the facility's manufacture 2 6 of the agricultural liming material. The license shall expire 2 7 on January 1 of each year, and may be renewed for a period 2 8 expiring on January 1 of the following year. The manufacturer 2 9 shall apply for the license on forms prescribed and according 2 10 to procedures required by the department. An application for 2 11 a license, including a license renewal, must be accompanied by 2 12 a license fee established by the department, which shall not 2 13 exceed forty dollars. 2 14 Sec. 6. NEW SECTION. 201A.4 LABELING AND ADVERTISING. 2 15 1. Agricultural liming material shall not be sold, offered 2 16 for sale, or exposed for sale in this state unless a label 2 17 accompanies the agricultural liming material which provides 2 18 the following information: 2 19 a. The name and address of the principal office of the 2 20 manufacturer or distributor. 2 21 b. The brand or trade name of the agricultural liming 2 22 material. 2 23 c. The identification of the type of the agricultural 2 24 liming material. 2 25 d. The undried net weight of the agricultural liming 2 26 material. 2 27 e. The effective calcium carbonate equivalent of the 2 28 agricultural liming material as determined according to rules 2 29 adopted by the department. 2 30 2. The label must be plainly readable. If the 2 31 agricultural liming material is in packaged form, the label 2 32 must be affixed to the outside of the package in a conspicuous 2 33 manner. The label shall be printed, stamped, or otherwise 2 34 marked in a manner required by the department. If the 2 35 agricultural liming material is in bulk form, the label may be 3 1 contained on a delivery slip. 3 2 3. The label or advertising which provides information 3 3 regarding the agricultural liming material shall not be false 3 4 or misleading to the purchaser, including information relating 3 5 to the quality, analysis, type, or composition of the 3 6 agricultural liming material. 3 7 4. If the agricultural liming material is adulterated 3 8 after it has been packaged, labeled, or loaded, but prior to 3 9 delivery to a purchaser, the vendor shall provide a notice of 3 10 the adulteration, which shall be placed on the agricultural 3 11 liming material as an additional label as provided in this 3 12 section. 3 13 5. For each brand of agricultural liming material sold in 3 14 bulk, a statement shall be conspicuously posted at the 3 15 location where the agricultural liming material is delivered 3 16 for resale or where purchase orders for deliveries of the 3 17 agricultural liming material are placed. The statement shall 3 18 include the effective calcium carbonate equivalent of the 3 19 agricultural liming material as determined according to rules 3 20 adopted by the department. 3 21 Sec. 7. NEW SECTION. 201A.5 INSPECTION AND 3 22 INVESTIGATION. 3 23 The department shall inspect agricultural liming material 3 24 distributed in this state and investigate persons engaged in 3 25 the business of manufacturing, distributing, selling, offering 3 26 for sale, or exposing for sale agricultural liming material in 3 27 this state. Inspections and investigations shall be performed 3 28 as determined necessary or practicable by the department, in 3 29 order to ensure compliance with this chapter. The inspection 3 30 may include the sampling, analysis, and testing of 3 31 agricultural liming material, as provided by rules adopted by 3 32 the department. The department may enter premises of a 3 33 business engaged in the manufacture, distribution, sale, offer 3 34 for sale, or exposure for sale of agricultural liming material 3 35 in this state. The business shall provide timely, convenient, 4 1 and free access to its agricultural liming material and to its 4 2 books, records, accounts, papers, documents, and any computer 4 3 or other recordings relating to the business, during normal 4 4 business hours. The business shall facilitate the examination 4 5 and aid in the examination to every extent feasible. 4 6 Sec. 8. NEW SECTION. 201A.6 CERTIFICATION OF EFFECTIVE 4 7 CALCIUM CARBONATE EQUIVALENT – REPORTING. 4 8 The department shall certify the effective calcium 4 9 carbonate equivalent for all agricultural liming material, as 4 10 provided by rules adopted by the department. The department 4 11 may establish a fee for analyzing samples of agricultural 4 12 liming material. The department shall issue a report at least 4 13 once every three months which lists the agricultural liming 4 14 material certified by the department. The report shall list 4 15 the manufacturers of the agricultural liming material, the 4 16 locations of facilities used to manufacture the agricultural 4 17 liming material, and the identification of the type of the 4 18 agricultural liming material produced by the manufacturer. 4 19 Sec. 9. NEW SECTION. 201A.7 TOXIC MATERIALS PROHIBITED. 4 20 A person shall not sell, offer for sale, or expose for sale 4 21 agricultural liming material which includes material which is 4 22 toxic to plants, animals, human, or aquatic life, or which 4 23 causes soil or water contamination, as provided by rules 4 24 adopted by the department. 4 25 Sec. 10. NEW SECTION. 201A.8 RULES. 4 26 The department shall adopt rules pursuant to chapter 17A 4 27 required to administer and enforce the provisions of this 4 28 chapter. 4 29 Sec. 11. NEW SECTION. 201A.9 ENFORCEMENT ACTIONS. 4 30 If the department finds that agricultural liming material 4 31 is being manufactured, used, sold, offered for sale, or 4 32 exposed for sale in violation of this chapter, the department 4 33 may enforce the provisions of this chapter by doing any of the 4 34 following: 4 35 1. Issuing and enforcing a stop order to prevent the 5 1 manufacture, sale, or removal of agricultural liming material. 5 2 The order may require that the owner or custodian hold the 5 3 agricultural liming material at a place designated in the 5 4 order. The stop order shall be in writing and served upon the 5 5 person owning or controlling the manufacture or sale of the 5 6 agricultural liming material. The department shall provide 5 7 for the termination of the stop order upon compliance with the 5 8 provisions of this chapter. The termination of the stop order 5 9 shall be in writing and served upon the person as provided for 5 10 in the stop order. The department may place conditions upon 5 11 the termination of the stop order, including the payment of 5 12 reasonable expenses incurred by the department in issuing and 5 13 enforcing the stop order. 5 14 2. Obtaining a court order upon petition filed in district 5 15 court for the county where the agricultural liming material is 5 16 being manufactured, sold, offered for sale, or exposed for 5 17 sale. The court may be petitioned by the department, or, upon 5 18 request by the department, the attorney general or the county 5 19 attorney. The court shall hear from all parties in the case. 5 20 The court may issue an order for any of the following: 5 21 a. The seizure of the agricultural liming material. The 5 22 court shall issue an order, if the court finds that the 5 23 petition is supported by facts that agricultural liming 5 24 material is being manufactured, sold, offered for sale, or 5 25 exposed for sale in violation of this chapter, and the 5 26 agricultural liming material must be condemned because it 5 27 fails to meet standards required in this chapter. If 5 28 warranted, the court shall order that the agricultural liming 5 29 material be disposed of in a manner provided by rules adopted 5 30 by the department, which may include reprocessing or 5 31 relabeling the agricultural liming material in order to ensure 5 32 that it complies with this chapter. The court may provide 5 33 that any party to the case dispose of the agricultural liming 5 34 material. 5 35 b. A temporary or permanent injunction against a person 6 1 violating the provisions of this chapter. The court shall 6 2 issue an order, if the court finds that the petition is 6 3 supported by facts that agricultural liming material is being 6 4 manufactured, sold, offered for sale, or exposed for sale in 6 5 violation of this chapter. In order to obtain injunctive 6 6 relief, the department shall not be required to post a bond or 6 7 prove the absence of an adequate remedy at law, unless the 6 8 court for good cause otherwise orders. The court may order 6 9 any form of prohibitory or mandatory relief that is 6 10 appropriate under principles of equity. 6 11 Sec. 12. NEW SECTION. 201A.10 VIOLATIONS. 6 12 1. A person violating this chapter or rules adopted by the 6 13 department under this chapter is guilty of a simple 6 14 misdemeanor. 6 15 2. The department shall provide for the prosecution of a 6 16 violation of this chapter by referring the violation to the 6 17 county attorney in the county where the violation occurs. The 6 18 department shall compile evidence of the violation for 6 19 prosecution. The county attorney shall prosecute any case 6 20 determined by the county attorney to be meritorious without 6 21 delay. The department shall not refer a violation to the 6 22 county attorney until the department provides the person 6 23 subject to the violation with an opportunity to be heard by 6 24 the department according to procedures adopted by the 6 25 department. A right to a hearing is not a contested case 6 26 proceeding as provided in chapter 17A. The department is not 6 27 required to refer a minor violation to a county attorney, and 6 28 may instead issue a warning to the person subject to the minor 6 29 violation. 6 30 Sec. 13. NEW SECTION. 201A.11 FEES AND APPROPRIATION. 6 31 Fees collected under this chapter shall be deposited in the 6 32 general fund of the state and shall be subject to the 6 33 requirements of section 8.60. Moneys deposited under this 6 34 section to the general fund shall be used only by the 6 35 department for the purpose of administering and enforcing the 7 1 provisions of this chapter, including inspection, sampling, 7 2 analysis, and the preparation and publishing of reports. 7 3 Sec. 14. REPEAL. Chapter 201, Code and Code Supplement 7 4 1995, is repealed. 7 5 Sec. 15. EFFECTIVE DATE AND APPLICABILITY. 7 6 1. Except as provided in subsection 2, this Act takes 7 7 effect on January 1, 1997. However, until January 1, 1998, a 7 8 person holding an inventory of packaged agricultural liming 7 9 material on January 1, 1997, may continue to sell that 7 10 inventory as labeled under chapter 201 as the chapter existed 7 11 on December 31, 1997. 7 12 2. The department may adopt rules to provide for the 7 13 administration and enforcement of this Act prior to January 1, 7 14 1997. However, the rules must take effect not earlier than 7 15 January 1, 1997. 7 16 EXPLANATION 7 17 This bill creates a new chapter referred to as the "Iowa 7 18 Agricultural Liming Material Act", which replaces current 7 19 chapter 201, which regulates the sale of limestone for 7 20 agricultural purposes. The bill defines "agricultural liming 7 21 material" as a product having calcium and magnesium compounds 7 22 capable of neutralizing soil acidity. The department of 7 23 agriculture and land stewardship regulates the sale of 7 24 limestone for agricultural purposes. 7 25 The bill regulates sale of agricultural liming material in 7 26 a bulk and packaged form. It requires the manufacturer of 7 27 agricultural liming material to receive a license by the 7 28 department for each facility manufacturing the agricultural 7 29 liming material. A license fee of up to $40 is imposed on the 7 30 manufacturer. The license expires on January 1 of each year. 7 31 The bill requires that agricultural liming material be 7 32 labeled. The label must include the name and address of the 7 33 principal office of the manufacturer or distributor, the brand 7 34 or trade name of the agricultural liming material, the 7 35 identification of the type of the agricultural liming 8 1 material, the undried net weight of the agricultural liming 8 2 material, and the effective calcium carbonate equivalent of 8 3 the agricultural liming material as determined according to 8 4 rules adopted by the department. 8 5 The bill requires the department to inspect agricultural 8 6 liming material distributed in this state and investigate 8 7 persons engaged in the business of manufacturing, 8 8 distributing, selling, offering for sale, or exposing for sale 8 9 agricultural liming material. The bill requires the 8 10 department to certify the effective calcium carbonate 8 11 equivalent for agricultural liming material. 8 12 The bill prohibits the sale of agricultural liming material 8 13 which includes materials which are toxic. 8 14 The bill provides for enforcement actions, if the 8 15 department finds a violation of the chapter. The department 8 16 is authorized to issue and enforce a stop order or to obtain a 8 17 court order for the seizure of the agricultural liming 8 18 material, or for a temporary or permanent injunction. 8 19 A person violating the bill's provisions is guilty of a 8 20 simple misdemeanor. The department is authorized to refer a 8 21 violation to a county attorney for prosecution. 8 22 The bill provides for the deposit of fees into the state 8 23 general fund for the use of the department for purposes of 8 24 administering and enforcing the bill's provisions. 8 25 The bill takes effect on January 1, 1997. 8 26 LSB 4316SV 76 8 27 da/jj/8.1
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