Text: S05126 Text: S05128 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2295 as follows: 1 2 #1. Page 13, by inserting after line 23 the 1 3 following: 1 4 "Sec. ___. LIVESTOCK MARKETING. There is 1 5 appropriated from the general fund of the state to the 1 6 department of agriculture and land stewardship for the 1 7 fiscal year beginning July 1, 1998, and ending June 1 8 30, 1999, the following amount, or so much thereof as 1 9 is necessary, to be used for the purpose designated: 1 10 For supporting the regulation of livestock 1 11 marketing practices as provided in chapter 172C, as 1 12 enacted in this Act: 1 13 .................................................. $ 50,000" 1 14 #2. Page 16, by inserting after line 28 the 1 15 following: 1 16 "Sec. . NEW SECTION. 172C.1 DEFINITIONS. 1 17 1. "Livestock" means live cattle, swine, or sheep. 1 18 2. "Packer" means a person who is engaged in the 1 19 business of slaughtering livestock or receiving, 1 20 purchasing, or soliciting livestock for slaughtering, 1 21 the meat products of which are directly or indirectly 1 22 to be offered for resale or for public consumption. 1 23 As used in this chapter, "packer" includes an agent of 1 24 the packer engaged in buying or soliciting livestock 1 25 for slaughter on behalf of a packer. "Packer" does 1 26 not include any of the following: 1 27 a. A cold storage plant regulated under chapter 1 28 171. 1 29 b. A frozen food locker plant regulated under 1 30 chapter 172. 1 31 c. A livestock market as defined in section 1 32 455B.161. 1 33 Sec. . NEW SECTION. 172C.2 PRICE 1 34 DISCRIMINATION PROHIBITION. 1 35 1. Except as provided in subsection 2, a packer 1 36 purchasing or soliciting livestock for slaughter in 1 37 this state shall not discriminate in prices paid or 1 38 offered to be paid to sellers of that livestock. 1 39 2. This section shall not apply to any of the 1 40 following: 1 41 a. A person exempted from the license and 1 42 financial responsibility provisions of chapter 172A 1 43 pursuant to section 172A.6. 1 44 b. The sale and purchase of livestock if all of 1 45 the following requirements are met: 1 46 (1) The price differential is based on one of the 1 47 following: 1 48 (a) The quality of the livestock, if the packer 1 49 purchases or solicits the livestock based upon a 1 50 payment method specifying prices paid for criteria 2 1 relating to carcass merit. 2 2 (b) Actual and quantifiable costs related to 2 3 transporting and acquiring the livestock by the 2 4 packer. 2 5 (c) An agreement for the delivery of livestock at 2 6 a specified date or time. 2 7 (2) After making a differential payment to a 2 8 seller, the packer publishes information relating to 2 9 the differential pricing, including the payment method 2 10 for carcass merit, transportation and acquisition 2 11 pricing, and an offer to enter into an agreement for 2 12 the delivery of livestock at a specified date or time 2 13 according to the same terms and conditions offered to 2 14 other sellers. 2 15 3. A packer shall provide all sellers with the 2 16 same terms and conditions offered to a seller who 2 17 receives a differential price based on any of the 2 18 criteria described in subsection 2, paragraph "c", 2 19 subparagraph (1). 2 20 4. The packer shall, at the beginning of each day 2 21 in which livestock are purchased, post in a 2 22 conspicuous place at the point of delivery, all prices 2 23 for livestock to be paid that day. 2 24 5. An agreement made by a packer in violation of 2 25 this section is voidable. 2 26 6. A packer acting in violation of this section is 2 27 guilty of a fraudulent practice as provided in chapter 2 28 714. 2 29 7. The attorney general shall enforce this 2 30 section. The department shall refer any violations of 2 31 this chapter to the attorney general. The attorney 2 32 general or any person injured by a violation of this 2 33 section may bring an action in district court to 2 34 restrain a packer from violating this section. A 2 35 seller who receives a discriminatory price or who is 2 36 offered only a discriminatory price for livestock 2 37 based upon a violation of this section by a packer, 2 38 has a civil cause of action against the packer and, if 2 39 successful, shall be awarded treble damages. 2 40 Sec. . NEW SECTION. 172C.3 REPORTING 2 41 REQUIREMENTS. 2 42 1. A packer shall make available for publication 2 43 and to a board of trade approved by the department, a 2 44 daily report setting forth information regarding 2 45 prices paid for livestock, under each contract in 2 46 force, in which the packer and an Iowa resident are 2 47 parties for the purchase of the livestock by the 2 48 packer, and which sets a date for delivery more than 2 49 twenty days after the making of the contract. 2 50 2. The reports shall be completed on forms 3 1 prepared by the department for comparison with cash 3 2 market prices for livestock according to procedures 3 3 required by the department. However, a report shall 3 4 not include information regarding the identity of a 3 5 seller. 3 6 3. The failure of a packer to report as required 3 7 by this section is punishable by a civil penalty not 3 8 to exceed one thousand dollars for each day that a 3 9 timely or truthful report is not published. The 3 10 department shall refer to the attorney general any 3 11 packer or packer's agent who the department believes 3 12 is in violation of this section. The attorney general 3 13 may, upon referral from the department, file an action 3 14 in district court to enforce this section." 3 15 3 16 3 17 3 18 PATTY JUDGE 3 19 3 20 3 21 3 22 JOHN P. KIBBIE 3 23 SF 2295.509 77 3 24 da/jw/28
Text: S05126 Text: S05128 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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