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