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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