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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