Text: S05636                            Text: S05638
Text: S05600 - S05699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5637

Amendment Text

PAG LIN
  1  1    Amend Senate File 2332, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, line 12, by striking the words "in the
  1  4 United States".
  1  5    #2.  Page 1, line 18, by striking the words "review
  1  6 and appeals".
  1  7    #3.  Page 2, by inserting after line 33 the
  1  8 following:
  1  9    "___.  "Regional organic association" means a
  1 10 corporation organized under chapter 504 or 504A which
  1 11 has certifying members, elects its own officers and
  1 12 directors, and is independent from the department."
  1 13    #4.  Page 3, line 12, by striking the words "using,
  1 14 where possible," and inserting the following:
  1 15 "using".
  1 16    #5.  Page 3, line 17, by striking the words "or
  1 17 processing" and inserting the following:  ", aids, or
  1 18 ingredients that are used during processing,
  1 19 packaging, or storing agricultural products".
  1 20    #6.  Page 3, lines 23 and 24, by striking the words
  1 21 "REVIEW AND APPEALS".
  1 22    #7.  Page 3, by striking line 25 and inserting the
  1 23 following:
  1 24    "1.  An organic standards board is".
  1 25    #8.  Page 3, by striking line 28 and inserting the
  1 26 following:  "appointed by the governor and secretary,
  1 27 as provided in this section.  The governor and
  1 28 secretary shall accept".
  1 29    #9.  Page 3, line 30, by striking the word
  1 30 "secretary" and inserting the following:  "governor
  1 31 and secretary making appointments under this section".
  1 32    #10. Page 3, line 33, by striking the words
  1 33 "secretary shall" and inserting the following:
  1 34 "governor and secretary shall cooperate to".
  1 35    #11.  Page 3, line 35, by striking the words "by
  1 36 the secretary" and inserting the following:  "under
  1 37 this section".
  1 38    #12.  Page 4, by striking lines 2 and 3 and
  1 39 inserting the following:  "and retailing of organic
  1 40 agricultural products.  The members of the board shall
  1 41 be appointed as follows:"
  1 42    #13.  Page 4, by striking lines 5 through 8 and
  1 43 inserting the following:  "agricultural products.  The
  1 44 governor shall appoint three of the persons, at least
  1 45 one of which shall be a producer of livestock, who may
  1 46 be a dairy or egg producer.  The secretary shall
  1 47 appoint two of the persons, at least one of which
  1 48 shall be a producer of an agricultural commodity other
  1 49 than livestock.  To qualify for appointment, a".
  1 50    #14.  Page 4, line 13, by inserting after the word
  2  1 "products." the following:  "One person shall be
  2  2 appointed by the governor and one person shall be
  2  3 appointed by the secretary."
  2  4    #15.  Page 4, by striking line 17 and inserting the
  2  5 following:
  2  6    "c.  One person appointed by the secretary, who
  2  7 shall be either of the following:"
  2  8    #16.  Page 4, line 30, by inserting after the word
  2  9 "science." the following:  "One person shall be
  2 10 appointed by the governor and one person shall be
  2 11 appointed by the secretary."
  2 12    #17.  Page 4, line 34, by inserting after the word
  2 13 "person" the following:  "appointed by the governor,".
  2 14    #18.  Page 5, by striking lines 9 and 10 and
  2 15 inserting the following:  "term.  A member is eligible
  2 16 for reappointment.  The governor may remove a member
  2 17 appointed by the governor and the secretary may remove
  2 18 a member appointed by the secretary, if the removal is
  2 19 based on the member's misfeasance,".
  2 20    #19.  Page 6, line 5, by striking the words "review
  2 21 and appeals".
  2 22    #20.  Page 6, by inserting after line 9 the
  2 23 following:
  2 24    "___.  Establish a schedule of state fees as
  2 25 provided in section 190C.5."
  2 26    #21.  Page 6, by striking lines 20 through 29 and
  2 27 inserting the following:
  2 28    "___.  Approve or disapprove applications for
  2 29 certification, after reviewing applications,
  2 30 inspection reports, and other materials submitted by
  2 31 applicants.  The board may suspend a decision to
  2 32 approve or disapprove an application until an
  2 33 application is complete or additional materials
  2 34 relating to the application are provided to the board.
  2 35    ___.  Establish procedures pursuant to rules
  2 36 adopted by the department governing appeals of
  2 37 decisions made by the department or board under this
  2 38 chapter, including final agency action under chapter
  2 39 17A."
  2 40    #22.  Page 6, line 31, by striking the word
  2 41 "department" and inserting the following:
  2 42 "department, upon approval by the board,".
  2 43    #23.  Page 7, line 3, by inserting before the word
  2 44 "fees" the following:  "state".
  2 45    #24.  Page 7, by striking lines 12 through 14 and
  2 46 inserting the following:  "shall serve as a certifying
  2 47 agent under 21 U.S.C. } 2115.  The secretary or the
  2 48 secretary's agent may serve as an inspector in order
  2 49 to conduct investigations at times and places and to
  2 50 such an extent as the secretary and the board deems
  3  1 necessary to determine whether a person is in".
  3  2    #25.  Page 7, by striking lines 20 through 28 and
  3  3 inserting the following:
  3  4    "Sec. ___.  NEW SECTION.  190C.5  STATE FEES –
  3  5 DEPOSIT INTO THE GENERAL FUND OF THE STATE.
  3  6    1.  The board shall establish a schedule of state
  3  7 fees under this chapter by rule adopted by the
  3  8 department, for persons required to be certified as
  3  9 producers, handlers, and processors of agricultural
  3 10 products labeled, sold, or advertised as organic as
  3 11 provided in section 190C.13.
  3 12    2.  Beginning on July 1, 2000, the board shall
  3 13 establish the rate of fees based on an estimate of the
  3 14 amount of revenues from the fees required by the
  3 15 department to administer and enforce this chapter.
  3 16 The department shall annually review the estimate and
  3 17 recommend a change in the rate of fees to the board if
  3 18 the fees must be adjusted in order to comply with this
  3 19 subsection.  The board may approve an adjustment in
  3 20 the fees by rule adopted by the department at any time
  3 21 in order to comply with this subsection."
  3 22    #26.  Page 7, line 29, by striking the words "The
  3 23 fees" and inserting the following:  "The department
  3 24 shall collect state fees under this chapter as
  3 25 provided by the board, which".
  3 26    #27.  Page 7, by inserting after line 30 the
  3 27 following:
  3 28    "Sec. ___.  NEW SECTION.  190C.5A  REGIONAL ORGANIC
  3 29 ASSOCIATIONS.
  3 30    The department, upon approval by the board, may
  3 31 authorize a regional organic association to assist the
  3 32 board in certifying producers, handlers, and
  3 33 processors of agricultural products under section
  3 34 190C.13.  The regional organic association must be
  3 35 registered with the department.  The registered
  3 36 regional organic association, upon approval of the
  3 37 board, may administer the provisions of section
  3 38 190C.13 by doing all of the following:
  3 39    1.  Reviewing applications and providing applicants
  3 40 with technical assistance in completing applications.
  3 41 The department may authorize a regional organic
  3 42 association to process applications, including
  3 43 collecting and forwarding applications to the
  3 44 department.
  3 45    2.  Preparing a summary of an application,
  3 46 including materials accompanying the application, for
  3 47 review by the department and the organic standards
  3 48 board.  A regional organic association may include a
  3 49 recommendation for approval, modification, or
  3 50 disapproval of an application."
  4  1    #28.  Page 8, line 9, by striking the words
  4  2 "product, other than livestock," and inserting the
  4  3 following:  "product".
  4  4    #29.  Page 8, line 19, by inserting after the word
  4  5 "organic." the following:  "A person shall not be
  4  6 certified unless the certification is approved by the
  4  7 organic standards board.".
  4  8    #30.  Page 8, line 34, by inserting after the word
  4  9 "rules" the following:  "upon approval by the board".
  4 10    #31.  By striking page 8, line 35, through page 9,
  4 11 line 2, and inserting the following:  "certification
  4 12 procedure."
  4 13    #32.  Page 11, line 8, by striking the word
  4 14 "department" and inserting the following:  "board".
  4 15    #33.  Page 11, line 9, by striking the words "or
  4 16 registered".
  4 17    #34.  Page 11, line 16, by striking the word
  4 18 "department" and inserting the following:  "board".
  4 19    #35.  Page 12, by striking lines 1 through 3 and
  4 20 inserting the following:  "sale order are satisfied.
  4 21 The board must approve a delay in issuing a release
  4 22 order within three months after requiring that the
  4 23 agricultural product be held.  If the person is found
  4 24 to have violated this chapter, the person shall pay
  4 25 all expenses incurred by the department in connection
  4 26 with the agricultural product's removal."
  4 27    #36.  Page 12, by striking lines 20 through 22 and
  4 28 inserting the following:  "continues constitutes a
  4 29 separate offense.  Civil".
  4 30    #37.  Page 12, line 29, by striking the words
  4 31 "review and appeals".
  4 32    #38.  Page 12, line 32, by inserting before the
  4 33 word "secretary" the following:  "governor and".
  4 34    #39.  Page 12, line 33, by striking the words
  4 35 "review and appeals".
  4 36    #40.  Page 12, line 34, by inserting before the
  4 37 word "secretary" the following:  "governor and".
  4 38    #41.  Page 12, line 35, by inserting before the
  4 39 word "secretary" the following:  "governor and".
  4 40    #42.  Page 13, line 2, by inserting before the word
  4 41 "secretary" the following:  "governor and".
  4 42    #43.  Page 13, by inserting after line 3 the
  4 43 following:
  4 44    "Sec. ___.  STAFF QUALIFICATIONS.  The department
  4 45 shall adopt rules regarding the qualifications of
  4 46 departmental personnel responsible for implementing
  4 47 and administering this Act."
  4 48    #44.  By renumbering as necessary.  
  4 49 SF 2332H
  4 50 da/pk/25
     

Text: S05636                            Text: S05638
Text: S05600 - S05699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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