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PAG LIN 1 1 Section 1. Section 9H.1, subsections 12 and 19, Code 1995, 1 2 are amended to read as follows: 1 3 12. "Feedlot" means a lot, yard, building, corral, or 1 4 other area in whichhogsswine or cattle fed for slaughter are 1 5 confined. The term includesareasan area whichareis used 1 6 for the raising of crops or other vegetation and upon which 1 7hogs orcattle or swine fed for slaughter are allowed to graze 1 8 or feed. A "feedlot" does not include any area where swine or 1 9 cattle are held for slaughter by a processor for a period of 1 10 two weeks or less from the date of purchase. 1 11 19. "Processor" means a person,firm, corporation, limited1 12liability company, or limited partnership, whichwho alone or 1 13 in conjunction with others, directly or indirectly controls 1 14 the manufacturing, processing, or preparation for sale of beef 1 15 or pork products having a total annual wholesale value of ten 1 16 million dollars or more.AnyA processor includes all of the 1 17 following: 1 18 a. A person, firm, corporation, limited liability company,1 19or limited partnerwith a ten percent or greater interest in 1 20 another person, firm, corporation, limited liability company,1 21or limited partnershipinvolved in the manufacturing, 1 22 processing, or preparation for sale of beef or pork products 1 23 having a total annual wholesale value of ten million dollars 1 24or more shall also be considered a processor. 1 25 b. A person who, either alone or in conjunction with 1 26 others, is related to another person involved in the 1 27 manufacture, processing, or preparation for sale of beef or 1 28 pork products having a total annual wholesale value of ten 1 29 million dollars, by having common stockholders, members of a 1 30 board of directors, or management. 1 31 Sec. 2. Section 9H.2, Code 1995, is amended to read as 1 32 follows: 1 33 9H.2 PROHIBITED OPERATIONS – EXCEPTIONS. 1 34 1. In order to preserve free and private enterprise, 1 35 prevent monopoly, and protect consumers,it is unlawful for2 1anya processor of beef or porkor limited partnership in2 2which a processor holds partnership shares as a general2 3partner or partnership shares as a limited partner, or limited2 4liability company in which a processor is a member, tolocated 2 5 in this state shall not own, control, or operate a feedlot in 2 6Iowa in which hogs orthis state, if cattle or swine are fed 2 7 for slaughter at the feedlot. In addition, a processor in any 2 8 state shall notdirectly or indirectly control the2 9manufacturing, processing, or preparation for sale of pork2 10products derived from swine if the processor contracted for2 11the care and feeding of the swine in this stateown, keep, or 2 12 feed swine in this state, or own, control, or operate a 2 13 feedlot in this state.However, this section does not apply2 14to a cooperative association organized under chapter 497, 498,2 15or 499, if the cooperative association contracts for the care2 16and feeding of swine with a member of the cooperative2 17association who is actively engaged in farming. This section2 18does not apply to an association organized as a cooperative in2 19which another cooperative association organized under chapter2 20497, 498, or 499 is a member, if the association contracts2 21with a member which is a cooperative association organized2 22under chapter 497, 498, or 499, which contracts for the care2 23and feeding of swine with a member of the cooperative who is2 24actively engaged in farming.2 25 2. This section shall not preclude a processor, limited 2 26 partnership, or limited liability company from contracting for 2 27 the purchase ofhogsswine or cattle, provided that where the 2 28 contract sets a date for delivery which is more than twenty 2 29 days after the making of the contractit, the contract shall: 2 301.a. Specify a calendar day for delivery of the 2 31 livestock; or. 2 322.b. Specify the month for the delivery, andshallallow 2 33 the farmer to set the week for the delivery within such month 2 34 and the processor, limited partnership, or limited liability2 35companyto set the date for delivery within such week. 3 1 3. This section shall not preventprocessors or3 2educational institutionsa processor from carrying on 3 3 legitimate research, educational, or demonstration activities, 3 4norand shallitnot preventprocessorsa processor from 3 5 owning and operating facilities to provide normal care and 3 6 feeding of animals for a period not to exceed ten days 3 7 immediately prior to slaughter, or for a longer period in an 3 8 emergency. 3 9 4.AnyA processoror limited partnershipwhich owns, 3 10 controls, or operates a feedlot onAugust 15, 1975July 1, 3 11 1996, shall have untilJuly 1, 1985June 30, 1998, to dispose 3 12 of the property. 3 13 Sec. 3. Section 9H.3, Code 1995, is amended to read as 3 14 follows: 3 15 9H.3 PENALTIES FOR PROHIBITED OPERATION – INJUNCTIVE 3 16 RELIEF. 3 17 A processor violating section 9H.2 shall be assessed a 3 18 civil penalty of not more thantwenty-fiveone hundred 3 19 thousand dollars. The courts of this state may prevent and 3 20 restrain violations of this chapter through the issuance of an 3 21 injunction. The attorney general or a countyattorney shall, 3 22 city, individual, or private organization or association 3 23 residing in this state, may institutesuits on behalf of the3 24statea suit to prevent and restrainviolationsa violation of 3 25 this chapter. 3 26 EXPLANATION 3 27 This bill amends a number of provisions in chapter 9H, 3 28 Iowa's corporate farming law. In part, the chapter prohibits 3 29 a processor of beef or pork to own, control, or operate a 3 30 feedlot in Iowa in which cattle or swine are fed for 3 31 slaughter. In addition, the chapter provides that a processor 3 32 shall not directly or indirectly control the manufacturing, 3 33 processing, or preparation for sale of pork products derived 3 34 from swine if the processor contracted for the care and 3 35 feeding of the swine in this state. 4 1 The bill amends the definition of "feedlot" to include a 4 2 building, and the definition of "processor" to include a 4 3 person who is related to a processor by common stockholders, 4 4 members of a board of directors, or management. The bill 4 5 prohibits a processor in Iowa from owning, controlling, or 4 6 operating a feedlot in Iowa, and prohibits a processor located 4 7 in any state from owning, keeping, or feeding swine in Iowa or 4 8 owning, controlling, or operating a feedlot in Iowa. The bill 4 9 eliminates the prohibition regarding contract feeding of swine 4 10 by processors. 4 11 The bill increases the penalty imposed upon a processor 4 12 violating the chapter's restrictions upon owning a feedlot 4 13 from $25,000 to $100,000. The bill provides that cities, 4 14 associations, and individuals may bring an action to enforce 4 15 the chapter's provisions. 4 16 LSB 3613SV 76 4 17 da/cf/24
Text: SF02396 Text: SF02398 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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