Text: S05134 Text: S05136 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 2, line 29, by striking the figure
1 3 "4,057,274" and inserting the following: "4,107,274".
1 4 #2. Page 3, by inserting after line 8 the
1 5 following:
1 6 "(3) Of the amount appropriated in paragraph "a",
1 7 $50,000 shall be used to support the regulation of
1 8 livestock marketing practices as provided in this
1 9 subparagraph.
1 10 (a) As used in this section:
1 11 (i) "Livestock" means live cattle, swine, or
1 12 sheep.
1 13 (ii) "Packer" means a person who is engaged in the
1 14 business of slaughtering livestock or receiving,
1 15 purchasing, or soliciting livestock for slaughtering,
1 16 the meat products of which are directly or indirectly
1 17 to be offered for resale or for public consumption.
1 18 As used in this subparagraph, "packer" includes an
1 19 agent of the packer engaged in buying or soliciting
1 20 livestock for slaughter on behalf of a packer.
1 21 "Packer" does not include a cold storage plant
1 22 regulated under chapter 171; a frozen food locker
1 23 plant regulated under chapter 172; or a livestock
1 24 market as defined in section 455B.161.
1 25 (b) Except as otherwise provided in this
1 26 subparagraph subdivision, a packer purchasing or
1 27 soliciting livestock for slaughter in this state shall
1 28 not discriminate in prices paid or offered to be paid
1 29 to sellers of that livestock. However, this
1 30 subparagraph subdivision shall not apply to a person
1 31 exempted from the license and financial responsibility
1 32 provisions of chapter 172A pursuant to section 172A.6.
1 33 This subparagraph subdivision shall also not apply to
1 34 the sale and purchase of livestock if all of the
1 35 following requirements are met:
1 36 (i) The price differential is based on the quality
1 37 of the livestock, if the packer purchases or solicits
1 38 the livestock based upon a payment method specifying
1 39 prices paid for criteria relating to carcass merit;
1 40 actual and quantifiable costs related to transporting
1 41 and acquiring the livestock by the packer; or an
1 42 agreement for the delivery of livestock at a specified
1 43 date or time.
1 44 (ii) After making a differential payment to a
1 45 seller, the packer publishes information relating to
1 46 the differential pricing, including the payment method
1 47 for carcass merit, transportation and acquisition
1 48 pricing, and an offer to enter into an agreement for
1 49 the delivery of livestock at a specified date or time
1 50 according to the same terms and conditions offered to
2 1 other sellers.
2 2 (c) A packer shall provide all sellers with the
2 3 same terms and conditions offered to a seller who
2 4 receives a differential price based on any of the
2 5 criteria described in subparagraph subdivision (b).
2 6 (d) A packer shall, at the beginning of each day
2 7 in which livestock are purchased, post in a
2 8 conspicuous place at the point of delivery, all prices
2 9 for livestock to be paid that day.
2 10 (e) An agreement made by a packer in violation of
2 11 this subparagraph is voidable.
2 12 (f) A packer acting in violation of this
2 13 subparagraph is guilty of a fraudulent practice as
2 14 provided in chapter 714.
2 15 (g) The attorney general shall enforce the
2 16 provisions of this subparagraph and the department
2 17 shall refer any violations of these provisions to the
2 18 attorney general. The attorney general or any person
2 19 injured by a violation of these provisions may bring
2 20 an action in district court to restrain a packer from
2 21 violating these provisions. A seller who receives a
2 22 discriminatory price or who is offered only a
2 23 discriminatory price for livestock based upon a
2 24 violation of these provisions by a packer has a civil
2 25 cause of action against the packer and, if successful,
2 26 shall be awarded treble damages.
2 27 (h) A packer shall make available for publication
2 28 and to a board of trade approved by the department, a
2 29 daily report setting forth information regarding
2 30 prices paid for livestock, under each contract in
2 31 force, in which the packer and an Iowa resident are
2 32 parties for the purchase of the livestock by the
2 33 packer, and which sets a date for delivery more than
2 34 twenty days after the making of the contract.
2 35 (i) The reports shall be completed on forms
2 36 prepared by the department for comparison with cash
2 37 market prices for livestock according to procedures
2 38 required by the department. The report shall not
2 39 include information regarding the identity of a
2 40 seller.
2 41 (ii) A failure of a packer to report as required
2 42 by this subparagraph is punishable by a civil penalty
2 43 not to exceed one thousand dollars for each day that a
2 44 timely or truthful report is not published. The
2 45 department shall refer to the attorney general any
2 46 packer or packer's agent whom the department believes
2 47 is in violation of the provisions of this
2 48 subparagraph. The attorney general may, upon referral
2 49 from the department, file an action in district court
2 50 to enforce these provisions."
3 1
3 2
3 3
3 4 PATTY JUDGE
3 5
3 6
3 7
3 8 JOHN P. KIBBIE
3 9 TOM VILSACK
3 10 SF 2295.304 77
3 11 da/cf/28
Text: S05134 Text: S05136 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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