Text: H09107                            Text: H09109
Text: H09100 - H09199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 9108

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-8882, to Senate File 2332,
  1  2 as amended, passed, and reprinted by the Senate, as
  1  3 follows:
  1  4    #1.  Page 1, by striking lines 3 through 37 and
  1  5 inserting the following:
  1  6    "#   .  Page 1, line 12, by striking the words "in
  1  7 the United States".
  1  8    #   .  Page 1, line 18, by striking the words
  1  9 "review and appeals".
  1 10    #   .  Page 2, by inserting after line 33 the
  1 11 following:
  1 12    "___.  "Regional organic association" means a
  1 13 corporation organized under chapter 504 or 504A which
  1 14 has certifying members, elects its own officers and
  1 15 directors, and is independent from the department."
  1 16    #   .  Page 3, line 12, by striking the words
  1 17 "using, where possible," and inserting the following:
  1 18 "using".
  1 19    #   .  Page 3, line 17, by striking the words "or
  1 20 processing" and inserting the following:  ", aids, or
  1 21 ingredients that are used during processing,
  1 22 packaging, or storing agricultural products".
  1 23    #   .  Page 3, lines 23 and 24, by striking the
  1 24 words "REVIEW AND APPEALS".
  1 25    #   .  Page 3, by striking line 25 and inserting
  1 26 the following:
  1 27    "1.  An organic standards board is".
  1 28    #   .  Page 3, by striking line 28 and inserting
  1 29 the following:  "appointed by the governor and
  1 30 secretary, as provided in this section.  The governor
  1 31 and secretary shall accept".
  1 32    #   .  Page 3, line 30, by striking the word
  1 33 "secretary" and inserting the following:  "governor
  1 34 and secretary making appointments under this section".
  1 35    #   . Page 3, line 33, by striking the words
  1 36 "secretary shall" and inserting the following:
  1 37 "governor and secretary shall cooperate to".
  1 38    #   .  Page 3, line 35, by striking the words "by
  1 39 the secretary" and inserting the following:  "under
  1 40 this section".
  1 41    #   .  Page 4, by striking lines 2 and 3 and
  1 42 inserting the following:  "and retailing of organic
  1 43 agricultural products.  The members of the board shall
  1 44 be appointed as follows:"
  1 45    #   .  Page 4, by striking lines 5 through 8 and
  1 46 inserting the following:  "agricultural products.  The
  1 47 governor shall appoint three of the persons, at least
  1 48 one of which shall be a producer of livestock, who may
  1 49 be a dairy or egg producer.  The secretary shall
  1 50 appoint two of the persons, at least one of which
  2  1 shall be a producer of an agricultural commodity other
  2  2 than livestock.  To qualify for appointment, a".
  2  3    #   .  Page 4, line 13, by inserting after the word
  2  4 "products." the following:  "One person shall be
  2  5 appointed by the governor and one person shall be
  2  6 appointed by the secretary."
  2  7    #   .  Page 4, by striking line 17 and inserting
  2  8 the following:
  2  9    "c.  One person appointed by the secretary, who
  2 10 shall be either of the following:"
  2 11    #   .  Page 4, line 30, by inserting after the word
  2 12 "science." the following:  "One person shall be
  2 13 appointed by the governor and one person shall be
  2 14 appointed by the secretary."
  2 15    #   .  Page 4, line 34, by inserting after the word
  2 16 "person" the following:  "appointed by the governor,".
  2 17    #   .  Page 5, by striking lines 9 and 10 and
  2 18 inserting the following:  "term.  A member is eligible
  2 19 for reappointment.  The governor may remove a member
  2 20 appointed by the governor and the secretary may remove
  2 21 a member appointed by the secretary, if the removal is
  2 22 based on the member's misfeasance,".
  2 23    #   .  Page 6, line 5, by striking the words
  2 24 "review and appeals".
  2 25    #   .  Page 6, by inserting after line 9 the
  2 26 following:
  2 27    "___.  Establish a schedule of state fees as
  2 28 provided in section 190C.5."
  2 29    #   .  Page 6, by striking lines 20 through 29 and
  2 30 inserting the following:
  2 31    "___.  Approve or disapprove applications for
  2 32 certification, after reviewing applications,
  2 33 inspection reports, and other materials submitted by
  2 34 applicants.  The board may suspend a decision to
  2 35 approve or disapprove an application until an
  2 36 application is complete or additional materials
  2 37 relating to the application are provided to the board.
  2 38    ___.  Establish procedures pursuant to rules
  2 39 adopted by the department governing appeals of
  2 40 decisions made by the department or board under this
  2 41 chapter, including final agency action under chapter
  2 42 17A."
  2 43    #   .  Page 6, line 31, by striking the word
  2 44 "department" and inserting the following:
  2 45 "department, upon approval by the board,".
  2 46    #   .  Page 7, line 3, by inserting before the word
  2 47 "fees" the following:  "state".
  2 48    #   .  Page 7, by striking lines 12 through 14 and
  2 49 inserting the following:  "shall serve as a certifying
  2 50 agent under 21 U.S.C. } 2115.  The secretary or the
  3  1 secretary's agent may serve as an inspector in order
  3  2 to conduct investigations at times and places and to
  3  3 such an extent as the secretary and the board deems
  3  4 necessary to determine whether a person is in".
  3  5    #   .  Page 7, by striking lines 20 through 28 and
  3  6 inserting the following:
  3  7    "Sec. ___.  NEW SECTION.  190C.5  STATE FEES –
  3  8 DEPOSIT INTO THE GENERAL FUND OF THE STATE.
  3  9    1.  The board shall establish a schedule of state
  3 10 fees under this chapter by rule adopted by the
  3 11 department, for persons required to be certified as
  3 12 producers, handlers, and processors of agricultural
  3 13 products labeled, sold, or advertised as organic as
  3 14 provided in section 190C.13.
  3 15    2.  Beginning on July 1, 2000, the board shall
  3 16 establish the rate of fees based on an estimate of the
  3 17 amount of revenues from the fees required by the
  3 18 department to administer and enforce this chapter.
  3 19 The department shall annually review the estimate and
  3 20 recommend a change in the rate of fees to the board if
  3 21 the fees must be adjusted in order to comply with this
  3 22 subsection.  The board may approve an adjustment in
  3 23 the fees by rule adopted by the department at any time
  3 24 in order to comply with this subsection."
  3 25    #   .  Page 7, line 29, by striking the words "The
  3 26 fees" and inserting the following:  "The department
  3 27 shall collect state fees under this chapter as
  3 28 provided by the board, which".
  3 29    #   .  Page 7, by inserting after line 30 the
  3 30 following:
  3 31    "Sec. ___.  NEW SECTION.  190C.5A  REGIONAL ORGANIC
  3 32 ASSOCIATIONS.
  3 33    The department, upon approval by the board, may
  3 34 authorize a regional organic association to assist the
  3 35 board in certifying producers, handlers, and
  3 36 processors of agricultural products under section
  3 37 190C.13.  The regional organic association must be
  3 38 registered with the department.  The registered
  3 39 regional organic association, upon approval of the
  3 40 board, may administer the provisions of section
  3 41 190C.13 by doing all of the following:
  3 42    1.  Reviewing applications and providing applicants
  3 43 with technical assistance in completing applications.
  3 44 The department may authorize a regional organic
  3 45 association to process applications, including
  3 46 collecting and forwarding applications to the
  3 47 department.
  3 48    2.  Preparing a summary of an application,
  3 49 including materials accompanying the application, for
  3 50 review by the department and the organic standards
  4  1 board.  A regional organic association may include a
  4  2 recommendation for approval, modification, or
  4  3 disapproval of an application."
  4  4    #   .  Page 8, line 9, by striking the words
  4  5 "product, other than livestock," and inserting the
  4  6 following:  "product".
  4  7    #   .  Page 8, line 19, by inserting after the word
  4  8 "organic" the following:  "A person shall not be
  4  9 certified unless the certification is approved by the
  4 10 organic standards board".
  4 11    #   .  Page 8, line 34, by inserting after the word
  4 12 "rules" the following:  "upon approval by the board".
  4 13    #   .  By striking page 8, line 35, through page 9,
  4 14 line 2, and inserting the following:  "certification
  4 15 procedure."
  4 16    #   .  Page 11, line 8, by striking the word
  4 17 "department" and inserting the following:  "board".
  4 18    #   .  Page 11, line 9, by striking the words "or
  4 19 registered".
  4 20    #   .  Page 11, line 16, by striking the word
  4 21 "department" and inserting the following:  "board".
  4 22    #   .  Page 12, by striking lines 1 through 3 and
  4 23 inserting the following:  "sale order are satisfied.
  4 24 The board must approve a delay in issuing a release
  4 25 order within three months after requiring that the
  4 26 agricultural product be held.  If the person is found
  4 27 to have violated this chapter, the person shall pay
  4 28 all expenses incurred by the department in connection
  4 29 with the agricultural product's removal."
  4 30    #   .  Page 12, by striking lines 20 through 22 and
  4 31 inserting the following:  "continues constitutes a
  4 32 separate offense.  Civil".
  4 33    #   .  Page 12, line 29, by striking the words
  4 34 "review and appeals".
  4 35    #   .  Page 12, line 32, by inserting before the
  4 36 word "secretary" the following:  "governor and".
  4 37    #   .  Page 12, line 33, by striking the words
  4 38 "review and appeals".
  4 39    #   .  Page 12, line 34, by inserting before the
  4 40 word "secretary" the following:  "governor and".
  4 41    #   .  Page 12, line 35, by inserting before the
  4 42 word "secretary" the following:  "governor and".
  4 43    #   .  Page 13, line 2, by inserting before the
  4 44 word "secretary" the following:  "governor and".
  4 45    #   .  Page 13, by inserting after line 3 the
  4 46 following:
  4 47    "Sec. ___.  STAFF QUALIFICATIONS.  The department
  4 48 shall adopt rules regarding the qualifications of
  4 49 departmental personnel responsible for implementing
  4 50 and administering this Act.""
  5  1    #2.  By renumbering as necessary.  
  5  2 
  5  3 
  5  4                               
  5  5 MEYER of Sac 
  5  6 SF 2332.502 77
  5  7 da/jw/8
     

Text: H09107                            Text: H09109
Text: H09100 - H09199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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