Text: S05584 Text: S05586 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, S-5543, to House File 2494, as 1 2 amended, passed, and reprinted by the House, as 1 3 follows: 1 4 #1. Page 1, by inserting after line 15 the 1 5 following: 1 6 "Sec. . NEW SECTION. 172C.1 DEFINITIONS. 1 7 1. "Livestock" means live cattle, swine, or sheep. 1 8 2. "Packer" means a person who is engaged in the 1 9 business of slaughtering livestock or receiving, 1 10 purchasing, or soliciting livestock for slaughtering, 1 11 the meat products of which are directly or indirectly 1 12 to be offered for resale or for public consumption. 1 13 As used in this chapter, "packer" includes an agent of 1 14 the packer engaged in buying or soliciting livestock 1 15 for slaughter on behalf of a packer. "Packer" does 1 16 not include any of the following: 1 17 a. A cold storage plant regulated under chapter 1 18 171. 1 19 b. A frozen food locker plant regulated under 1 20 chapter 172. 1 21 c. A livestock market as defined in section 1 22 455B.161. 1 23 Sec. . NEW SECTION. 172C.2 PRICE 1 24 DISCRIMINATION PROHIBITION. 1 25 1. Except as provided in subsection 2, a packer 1 26 purchasing or soliciting livestock for slaughter in 1 27 this state shall not discriminate in prices paid or 1 28 offered to be paid to sellers of that livestock. 1 29 2. This section shall not apply to any of the 1 30 following: 1 31 a. A person exempted from the license and 1 32 financial responsibility provisions of chapter 172A 1 33 pursuant to section 172A.6. 1 34 b. The sale and purchase of livestock if all of 1 35 the following requirements are met: 1 36 (1) The price differential is based on one of the 1 37 following: 1 38 (a) The quality of the livestock, if the packer 1 39 purchases or solicits the livestock based upon a 1 40 payment method specifying prices paid for criteria 1 41 relating to carcass merit. 1 42 (b) Actual and quantifiable costs related to 1 43 transporting and acquiring the livestock by the 1 44 packer. 1 45 (c) An agreement for the delivery of livestock at 1 46 a specified date or time. 1 47 (2) After making a differential payment to a 1 48 seller, the packer publishes information relating to 1 49 the differential pricing, including the payment method 1 50 for carcass merit, transportation and acquisition 2 1 pricing, and an offer to enter into an agreement for 2 2 the delivery of livestock at a specified date or time 2 3 according to the same terms and conditions offered to 2 4 other sellers. 2 5 3. A packer shall provide all sellers with the 2 6 same terms and conditions offered to a seller who 2 7 receives a differential price based on any of the 2 8 criteria described in subsection 2, paragraph "b", 2 9 subparagraph (1). 2 10 4. The packer shall, at the beginning of each day 2 11 in which livestock are purchased, post in a 2 12 conspicuous place at the point of delivery, all prices 2 13 for livestock to be paid that day. 2 14 5. An agreement made by a packer in violation of 2 15 this section is voidable. 2 16 6. A packer acting in violation of this section is 2 17 guilty of a fraudulent practice as provided in chapter 2 18 714. 2 19 7. The attorney general shall enforce this 2 20 section. The department shall refer any violations of 2 21 this chapter to the attorney general. The attorney 2 22 general or any person injured by a violation of this 2 23 section may bring an action in district court to 2 24 restrain a packer from violating this section. A 2 25 seller who receives a discriminatory price or who is 2 26 offered only a discriminatory price for livestock 2 27 based upon a violation of this section by a packer, 2 28 has a civil cause of action against the packer and, if 2 29 successful, shall be awarded treble damages. 2 30 Sec. . NEW SECTION. 172C.3 REPORTING 2 31 REQUIREMENTS. 2 32 1. A packer shall make available for publication 2 33 and to a board of trade approved by the department, a 2 34 daily report setting forth information regarding 2 35 prices paid for livestock, under each contract in 2 36 force, in which the packer and an Iowa resident are 2 37 parties for the purchase of the livestock by the 2 38 packer, and which sets a date for delivery more than 2 39 twenty days after the making of the contract. 2 40 2. The reports shall be completed on forms 2 41 prepared by the department for comparison with cash 2 42 market prices for livestock according to procedures 2 43 required by the department. However, a report shall 2 44 not include information regarding the identity of a 2 45 seller. 2 46 3. The failure of a packer to report as required 2 47 by this section is punishable by a civil penalty not 2 48 to exceed one thousand dollars for each day that a 2 49 timely or truthful report is not published. The 2 50 department shall refer to the attorney general any 3 1 packer or packer's agent who the department believes 3 2 is in violation of this section. The attorney general 3 3 may, upon referral from the department, file an action 3 4 in district court to enforce this section." 3 5 #2. Page 37, line 15, by striking the word 3 6 "production," and inserting the following: 3 7 "industry,". 3 8 #3. By renumbering as necessary. 3 9 3 10 3 11 3 12 TOM VILSACK 3 13 3 14 3 15 3 16 JOHN P. KIBBIE 3 17 3 18 3 19 3 20 HF 2494.722 77 3 21 da/sc/28
Text: S05584 Text: S05586 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
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