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Senate File 2332

Partial Bill History

Bill Text

PAG LIN
  1  1                                       SENATE FILE 2332
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO AGRICULTURE, REGULATING THE SALE OF AGRICULTURAL
  1  5    PRODUCTS ADVERTISED AS ORGANIC, PROVIDING FOR FEES AND
  1  6    APPROPRIATIONS, AND PROVIDING PENALTIES AND AN EFFECTIVE
  1  7    DATE.
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1 10 
  1 11                          SUBCHAPTER 1
  1 12                           DEFINITIONS
  1 13    Section 1.  NEW SECTION.  190C.1  DEFINITIONS.
  1 14    For purposes of this chapter, unless the context otherwise
  1 15 requires:
  1 16    1.  "Advertise" means to present a commercial message in
  1 17 any medium, including but not limited to print, radio,
  1 18 television, sign, display, label, tag, or articulation.
  1 19    2.  "Agricultural commodity" includes but is not limited to
  1 20 livestock, crops, fiber, or food, such as vegetables, nuts,
  1 21 seeds, honey, eggs, or milk existing in an unprocessed state,
  1 22 which is produced on a farm and marketed for human or
  1 23 livestock consumption.
  1 24    3.  "Agricultural product" means an agricultural commodity
  1 25 or an agricultural processed product.
  1 26    4.  "Agricultural processed product" means an agricultural
  1 27 commodity that has been processed.
  1 28    5.  "Board" means the organic standards board established
  1 29 in section 190C.2.
  1 30    6.  "Certified" means any farm, wild crop harvesting, or
  1 31 handling operation that is verified annually, through an on-
  1 32 site inspection and comprehensive review of the operation by a
  1 33 certifying agent under 21 U.S.C. } 2115 or by the department's
  1 34 certification program, as producing and handling agricultural
  1 35 products in accordance with this chapter and rules adopted
  2  1 pursuant to this chapter.
  2  2    7.  "Department" means the department of agriculture and
  2  3 land stewardship.
  2  4    8.  "Farm" means a site where the agricultural commodities
  2  5 are produced.
  2  6    9.  "Food" means an agricultural product or an agricultural
  2  7 product ingredient which is used or intended for use in whole
  2  8 or in part for human consumption.
  2  9    10.  "Handler" means a person engaged in the business of
  2 10 handling agricultural products, including but not limited to
  2 11 distributors, wholesalers, brokers, and repackers.  "Handler"
  2 12 does not include a person selling agricultural products to
  2 13 consumers on a retail basis, including a food service
  2 14 establishment as defined in section 137B.2, retail grocery,
  2 15 meat market, or bakery, if the person does not process the
  2 16 agricultural product.
  2 17    11.  "Label" means a commercial message in a printed medium
  2 18 which is affixed by any method to a product or to a receptacle
  2 19 including a container or package.
  2 20    12.  "Livestock" means an animal belonging to the bovine,
  2 21 caprine, equine, ovine, or porcine species; ostriches, rheas,
  2 22 or emus; farm deer as defined in section 481A.1; or poultry.
  2 23    13.  "Organic agricultural product" means food or fiber
  2 24 that is one of the following:
  2 25    a.  If the food or fiber is an agricultural commodity, it
  2 26 is produced and handled according to the requirements of this
  2 27 chapter.
  2 28    b.  If the food or fiber is an agricultural processed
  2 29 product, it is produced, handled, and processed according to
  2 30 the requirements of this chapter.
  2 31    14.  "Processing" means turning an agricultural commodity
  2 32 into an agricultural processed product by physical or chemical
  2 33 modification, including but not limited to canning, freezing,
  2 34 drying, dehydrating, cooking, pressing, powdering, packaging,
  2 35 repacking, baking, heating, mixing, grinding, churning,
  3  1 separating, extracting, cutting, fermenting, eviscerating,
  3  2 preserving, jarring, brewing, or slaughtering.
  3  3    15.  "Produce" means to grow, raise, collect, or harvest an
  3  4 agricultural commodity.
  3  5    16.  "Producer" means a person who produces an agricultural
  3  6 commodity.
  3  7    17.  "Processor" means a person who processes an
  3  8 agricultural commodity.
  3  9    18.  "Regional organic association" means a corporation
  3 10 organized under chapter 504 or 504A which has certifying
  3 11 members, elects its own officers and directors, and is
  3 12 independent from the department.
  3 13    19.  "Retailer" means a person, other than an operator of a
  3 14 food service establishment, who is engaged in the business of
  3 15 selling food at retail to the ultimate customer.
  3 16    20.  "Sale" or "sell" means a commercial transfer or offer
  3 17 for sale and distribution in any manner.
  3 18    21.  "Secretary" means the secretary of agriculture.
  3 19    22.  "System of organic farming" means a system that is
  3 20 designed to produce agricultural products by the use of
  3 21 methods and substances that maintain the integrity of organic
  3 22 agricultural products until they reach the consumer.  This
  3 23 includes a management system which promotes and enhances
  3 24 agroecosystem health, including biodiversity, biological
  3 25 cycles, and soil biological activity.  This is accomplished by
  3 26 using cultural, biological, and mechanical methods, as opposed
  3 27 to using synthetic materials, to fulfill any specific function
  3 28 within the system.
  3 29    23.  "System of organic handling" means a system that is
  3 30 designed to handle agricultural products without the use of
  3 31 synthetic additives, aids, or ingredients that are used during
  3 32 processing, packaging, or storing agricultural products in
  3 33 accordance with this chapter and by the use of methods and
  3 34 substances that maintain the integrity of organic agricultural
  3 35 products until they reach the consumer.  
  4  1                          SUBCHAPTER 2
  4  2                         ADMINISTRATION
  4  3    Sec. 2.  NEW SECTION.  190C.2  ORGANIC STANDARDS BOARD.
  4  4    1.  An organic standards board is established within the
  4  5 department.  The powers of the board are vested in and shall
  4  6 be exercised by eleven members appointed by the governor and
  4  7 secretary, as provided in this section.  The governor and
  4  8 secretary shall accept nominations from persons or
  4  9 organizations representing persons who serve on the board, as
  4 10 determined by the governor and secretary making appointments
  4 11 under this section.
  4 12    2.  The members shall serve staggered terms of four years
  4 13 beginning and ending as provided in section 69.19.  However,
  4 14 the governor and secretary shall cooperate to appoint initial
  4 15 members to serve for less than four years to ensure members
  4 16 serve staggered terms.  Members appointed under this section
  4 17 shall be persons knowledgeable regarding the production,
  4 18 handling, processing, and retailing of organic agricultural
  4 19 products.  The members of the board shall be appointed as
  4 20 follows:
  4 21    a.  Five persons who operate farms producing organic
  4 22 agricultural products.  The governor shall appoint two of the
  4 23 persons, at least one of which shall be a producer of
  4 24 livestock, who may be a dairy or egg producer.  The secretary
  4 25 shall appoint three of the persons, at least one of which
  4 26 shall be a producer of an agricultural commodity other than
  4 27 livestock.  To qualify for appointment, a person must have
  4 28 derived a substantial portion of the person's income, wages,
  4 29 or salary from the production of organic agricultural products
  4 30 for three years prior to appointment.
  4 31    b.  Two persons who operate businesses processing organic
  4 32 agricultural products.  One person shall be appointed by the
  4 33 governor and one person shall be appointed by the secretary.
  4 34 To qualify for appointment, a person must have derived a
  4 35 substantial portion of the person's income, wages, or salary
  5  1 from processing organic agricultural products for three years
  5  2 prior to appointment.
  5  3    c.  One person appointed by the secretary, who shall be
  5  4 either of the following:
  5  5    (1)  A person who operates a business handling organic
  5  6 agricultural products.  To qualify for appointment, a person
  5  7 must have derived a substantial portion of the person's
  5  8 income, wages, or salary from handling organic agricultural
  5  9 products for three years prior to appointment.
  5 10    (2)  A person who operates a business selling organic
  5 11 agricultural products.  To qualify for appointment, a person
  5 12 must have derived a substantial portion of the person's
  5 13 income, wages, or salary from selling organic agricultural
  5 14 products on a retail basis for three years prior to
  5 15 appointment.
  5 16    d.  Two persons who have an educational degree and
  5 17 experience in agricultural or food science.  One person shall
  5 18 be appointed by the governor and one person shall be appointed
  5 19 by the secretary.  To qualify for appointment, a person must
  5 20 not have a financial interest in the production, handling,
  5 21 processing, or selling of organic agricultural products.
  5 22    e.  One person appointed by the governor, who represents
  5 23 the public interest, the natural environment, or consumers.
  5 24 To qualify for appointment, the person must be a member of an
  5 25 organization representing the public interest, consumers, or
  5 26 the natural environment.  The person must not have a financial
  5 27 interest in the production, handling, processing, or selling
  5 28 of organic agricultural products.
  5 29    3.  A vacancy on the board shall be filled in the same
  5 30 manner as an original appointment.  A person appointed to fill
  5 31 a vacancy shall serve only for the unexpired portion of the
  5 32 term.  A member is eligible for reappointment.  The governor
  5 33 may remove a member appointed by the governor and the
  5 34 secretary may remove a member appointed by the secretary, if
  5 35 the removal is based on the member's misfeasance, malfeasance,
  6  1 or willful neglect of duty or other just cause, after notice
  6  2 and hearing, unless the notice and hearing is expressly waived
  6  3 in writing.
  6  4    4.  Six members of the board constitute a quorum and the
  6  5 affirmative vote of a majority of the members present is
  6  6 necessary for any substantive action to be taken by the board.
  6  7 The majority shall not include any member who has a conflict
  6  8 of interest and a statement by a member that the member has a
  6  9 conflict of interest is conclusive for this purpose.  A
  6 10 vacancy in the membership does not impair the right of a
  6 11 quorum to exercise all rights and perform all duties of the
  6 12 board.
  6 13    5.  The members are entitled to receive a per diem as
  6 14 specified in section 7E.6 for each day spent in performance of
  6 15 duties as members, and shall be reimbursed for all actual and
  6 16 necessary expenses incurred in the performance of duties as
  6 17 members.
  6 18    6.  If a member has an interest, either direct or indirect,
  6 19 in a contract to which the board is or is to be a party, the
  6 20 member shall disclose the interest to the board in writing.
  6 21 The writing stating the conflict shall be set forth in the
  6 22 minutes of the board.  The member having the interest shall
  6 23 not participate in any action by the board relating to the
  6 24 contract.
  6 25    7.  The board shall meet on a regular basis and at the call
  6 26 of the chairperson or upon the written request to the
  6 27 chairperson of two or more members.  The department shall
  6 28 provide administrative support to the board.
  6 29    Sec. 3.  NEW SECTION.  190C.3  BOARD POWERS AND DUTIES.
  6 30    The organic standards board shall have powers and duties to
  6 31 do all of the following:
  6 32    1.  Monitor conditions, practices, policies, programs, and
  6 33 procedures affecting the production, handling, processing, and
  6 34 sale of organic agricultural products.
  6 35    2.  Establish a schedule of state fees as provided in
  7  1 section 190C.5.
  7  2    3.  Compile materials or a list of materials which may
  7  3 assist producers, handlers, processors, and sellers of organic
  7  4 agricultural products, in complying with this chapter.
  7  5    4.  Assist the department in the development and
  7  6 interpretation of requirements of this chapter, including
  7  7 requirements established pursuant to this chapter, including
  7  8 standards regarding the production, processing, handling, and
  7  9 selling of organic agricultural products and other matters of
  7 10 concern to the producers, handlers, processors, and retailers
  7 11 of organic agricultural products.
  7 12    5.  Approve or disapprove applications for certification,
  7 13 after reviewing applications, inspection reports, and other
  7 14 materials submitted by applicants.  The board may suspend a
  7 15 decision to approve or disapprove an application until an
  7 16 application is complete or additional materials relating to
  7 17 the application are provided to the board.
  7 18    6.  Establish procedures pursuant to rules adopted by the
  7 19 department governing appeals of decisions made by the
  7 20 department or board under this chapter, including final agency
  7 21 action under chapter 17A.
  7 22    Sec. 4.  NEW SECTION.  190C.4  ADMINISTRATIVE AUTHORITY.
  7 23    1.  The department, upon approval by the board, shall adopt
  7 24 all rules necessary to administer this chapter.
  7 25    a.  The rules may include regulations governing the
  7 26 production, handling, processing, and selling of agricultural
  7 27 products by persons advertising an agricultural product as
  7 28 organic.  These rules may provide for standards,
  7 29 certification, inspections, testing, the assessment and
  7 30 collection of state fees, the maintenance of records,
  7 31 disciplinary action, and the issuance of stop sale orders as
  7 32 provided in this chapter.
  7 33    b.  The rules adopted under this section shall be
  7 34 consistent with federal regulations adopted pursuant to the
  7 35 federal Organic Food Production Act of 1990.  The department
  8  1 may adopt rules which are stricter than federal regulations to
  8  2 the extent allowed by federal law.
  8  3    2.  The secretary, who may act through an authorized agent,
  8  4 shall serve as a certifying agent under 21 U.S.C. } 2115.  The
  8  5 secretary or the secretary's agent may serve as an inspector
  8  6 in order to conduct investigations at times and places and to
  8  7 such an extent as the secretary and the board deems necessary
  8  8 to determine whether a person is in compliance with this
  8  9 chapter, according to rules adopted by the department.
  8 10    3.  A violation of this chapter includes a violation of any
  8 11 rule adopted or issue ordered pursuant to this chapter as
  8 12 provided in this chapter and under chapter 17A.
  8 13    Sec. 5.  NEW SECTION.  190C.5  STATE FEES – DEPOSIT INTO
  8 14 THE GENERAL FUND OF THE STATE.
  8 15    1.  The board shall establish a schedule of state fees
  8 16 under this chapter by rule adopted by the department, for
  8 17 persons required to be certified as producers, handlers, and
  8 18 processors of agricultural products labeled, sold, or
  8 19 advertised as organic as provided in section 190C.13.
  8 20    2.  Beginning on July 1, 2000, the board shall establish
  8 21 the rate of fees based on an estimate of the amount of
  8 22 revenues from the fees required by the department to
  8 23 administer and enforce this chapter.  The department shall
  8 24 annually review the estimate and recommend a change in the
  8 25 rate of fees to the board if the fees must be adjusted in
  8 26 order to comply with this subsection.  The board may approve
  8 27 an adjustment in the fees by rule adopted by the department at
  8 28 any time in order to comply with this subsection.
  8 29    3.  The department shall collect state fees under this
  8 30 chapter as provided by the board, which shall be deposited
  8 31 into the general fund of the state.
  8 32    Sec. 6.  NEW SECTION.  190C.6  REGIONAL ORGANIC
  8 33 ASSOCIATIONS.
  8 34    The department, upon approval by the board, may authorize a
  8 35 regional organic association to assist the board in certifying
  9  1 producers, handlers, and processors of agricultural products
  9  2 under section 190C.13.  The regional organic association must
  9  3 be registered with the department.  The registered regional
  9  4 organic association, upon approval of the board, may
  9  5 administer the provisions of section 190C.13 by doing all of
  9  6 the following:
  9  7    1.  Reviewing applications and providing applicants with
  9  8 technical assistance in completing applications.  The
  9  9 department may authorize a regional organic association to
  9 10 process applications, including collecting and forwarding
  9 11 applications to the department.
  9 12    2.  Preparing a summary of an application, including
  9 13 materials accompanying the application, for review by the
  9 14 department and the organic standards board.  A regional
  9 15 organic association may include a recommendation for approval,
  9 16 modification, or disapproval of an application.  
  9 17                          SUBCHAPTER 3
  9 18                          REQUIREMENTS
  9 19    Sec. 7.  NEW SECTION.  190C.12  STANDARDS.
  9 20    1.  A person shall not sell an agricultural product as
  9 21 organic, unless the agricultural product is produced and
  9 22 handled in accordance with standards established by rules
  9 23 adopted by the department as provided in this chapter.
  9 24    2.  An agricultural product which is sold or advertised as
  9 25 organic must be produced and handled according to the
  9 26 following standards:
  9 27    a.  The agricultural product must be produced and handled
  9 28 without the use of synthetic chemicals, except as otherwise
  9 29 provided in rules adopted by the department.
  9 30    b.  The agricultural product must not be produced on land
  9 31 to which any prohibited substances have been applied during
  9 32 the three years immediately preceding the harvesting of the
  9 33 agricultural product.
  9 34    c.  The agricultural product must be produced and handled
  9 35 in compliance with an organic plan agreed to by the producer
 10  1 and handler of the product and the certifying agent.
 10  2    Sec. 8.  NEW SECTION.  190C.13  CERTIFICATION.
 10  3    1.  The department shall establish and administer a program
 10  4 to certify producers, handlers, and processors of agricultural
 10  5 products labeled, sold, or advertised as organic.  A person
 10  6 shall not be certified unless the certification is approved by
 10  7 the organic standards board.
 10  8    a.  A certification shall expire one year from the date of
 10  9 issuance.
 10 10    b.  In order to be certified by the department, a producer,
 10 11 handler, or processor must submit an organic plan as
 10 12 prescribed by rules adopted by the department.  The plan shall
 10 13 include methods used to ensure that the agricultural products
 10 14 are produced, handled, and processed according to requirements
 10 15 established by the department pursuant to this chapter.
 10 16 However, this section shall not require that any of the
 10 17 following persons be certified:
 10 18    (1)  A final retailer of agricultural products who does not
 10 19 process agricultural products.
 10 20    (2)  A person who receives five thousand dollars or less in
 10 21 gross income from the sale of agricultural products.
 10 22    2.  The department shall adopt rules upon approval by the
 10 23 board establishing a certification procedure.
 10 24    Sec. 9.  NEW SECTION.  190C.14  LABELING AND ORGANIC
 10 25 CERTIFICATION SEAL.
 10 26    1.  A label advertising an agricultural product as organic
 10 27 which is produced in this state shall conform with the
 10 28 requirements of this chapter including requirements
 10 29 established in rules adopted by the department pursuant to
 10 30 this chapter.  The department shall adopt rules specifying the
 10 31 content of the label.
 10 32    2.  The department may establish a seal certifying that an
 10 33 agricultural product has been produced, handled, and processed
 10 34 in accordance with this chapter.  A person shall not use a
 10 35 seal provided in this section to advertise an agricultural
 11  1 product, unless the person is authorized to use the seal by
 11  2 the department in accordance with requirements established by
 11  3 the department pursuant to rules adopted under chapter 17A.
 11  4 The seal may be used in addition to or in lieu of a label
 11  5 provided in subsection 1, as provided by the department.
 11  6    Sec. 10.  NEW SECTION.  190C.15  RECORDS.
 11  7    A person required to be certified as provided in section
 11  8 190C.13 shall maintain records regarding the production,
 11  9 processing, and handling of an organic agricultural product
 11 10 for five years.  The records shall demonstrate that
 11 11 agricultural products advertised as organic have been
 11 12 produced, processed, and handled in conformance with this
 11 13 chapter.  
 11 14                          SUBCHAPTER 4
 11 15                           ENFORCEMENT
 11 16    Sec. 11.  NEW SECTION.  190C.21  GENERAL ENFORCEMENT.
 11 17    The department and the attorney general shall enforce this
 11 18 chapter.  The attorney general may commence legal proceedings
 11 19 in district court at the request of the department or upon the
 11 20 attorney general's own initiative in order to enforce this
 11 21 chapter, including rules adopted and orders issued by the
 11 22 department pursuant to this chapter.  This chapter does not
 11 23 require the attorney general or the department to institute a
 11 24 proceeding for a minor violation, if the attorney general or
 11 25 department concludes that the public interest will be best
 11 26 served by a suitable notice of warning in writing.
 11 27    Sec. 12.  NEW SECTION.  190C.22  INVESTIGATIONS –
 11 28 COMPLAINTS – INSPECTIONS – EXAMINATIONS.
 11 29    1.  The department may conduct an investigation to
 11 30 determine if a person is complying with the requirements of
 11 31 this chapter.
 11 32    2.  Any person may file a complaint with the department
 11 33 regarding a violation of this chapter.  The department shall
 11 34 adopt procedures for persons filing complaints.  The
 11 35 department shall establish procedures for processing
 12  1 complaints including requiring minimum information to
 12  2 determine the verifiability of a complaint.
 12  3    3.  The department may conduct inspections at times and
 12  4 places, and to an extent that the department determines
 12  5 necessary in order to conclude whether an agricultural product
 12  6 is being produced, handled, processed, or sold in accordance
 12  7 with the provisions of this chapter.  The department may
 12  8 inspect records required to be maintained pursuant to section
 12  9 190C.15.  The department may enter upon any public or private
 12 10 premises during regular business hours in a manner consistent
 12 11 with the laws of this state and the United States, including
 12 12 Article I, section 8, of the Constitution of the State of
 12 13 Iowa, or the fourth amendment to the Constitution of the
 12 14 United States for purposes of carrying out an inspection.
 12 15    4.  The department may conduct examinations of agricultural
 12 16 products in order to determine if the products are produced,
 12 17 handled, processed, and sold in compliance with this chapter.
 12 18    a.  The methods for examination shall be the official
 12 19 methods of the association of official agricultural chemists
 12 20 in all cases where methods have been adopted by the
 12 21 association.
 12 22    b.  A sworn statement by the state chemist or the state
 12 23 chemist's deputy stating the results of an analysis of a
 12 24 sample taken from a lot of agricultural products shall
 12 25 constitute prima facie evidence of the correctness of the
 12 26 analysis of that lot in an administrative hearing or court of
 12 27 this state.
 12 28    Sec. 13.  NEW SECTION.  190C.23  DISCIPLINARY ACTION.
 12 29    1.  The board may take disciplinary action concerning a
 12 30 person who is certified pursuant to this chapter by doing any
 12 31 of the following:
 12 32    a.  Issuing a letter of warning or reprimand.
 12 33    b.  Suspending or terminating a certification or denying an
 12 34 application for certification required pursuant to section
 12 35 190C.13.
 13  1    2.  The disciplinary action must be based upon evidence
 13  2 satisfactory to the board that the person has used fraudulent
 13  3 or deceptive practices in violation of this chapter or has
 13  4 willfully disregarded the requirements of this chapter.
 13  5    Sec. 14.  NEW SECTION.  190C.24  STOP SALE ORDER.
 13  6    1.  If a person sells an agricultural product in violation
 13  7 of this chapter, including a rule adopted or an order issued
 13  8 under this chapter, the department may issue a written order
 13  9 to stop the sale of the agricultural product by a person in
 13 10 control of the agricultural product.  The person named in the
 13 11 order shall not sell the item until the department determines
 13 12 that the sale of the agricultural product is in compliance
 13 13 with this chapter.
 13 14    2.  The department may require that the product be held at
 13 15 a designated place until released by the department.
 13 16    3.  The department or the attorney general may enforce the
 13 17 order by petitioning the district court in the county where
 13 18 the agricultural product is being sold.
 13 19    4.  The department shall release the agricultural product
 13 20 when the department issues a release order upon satisfaction
 13 21 that legal requirements compelling the issuance of the stop
 13 22 sale order are satisfied.  The board must approve a delay in
 13 23 issuing a release order within three months after requiring
 13 24 that the agricultural product be held.  If the person is found
 13 25 to have violated this chapter, the person shall pay all
 13 26 expenses incurred by the department in connection with the
 13 27 agricultural product's removal.
 13 28    Sec. 15.  NEW SECTION.  190C.25  INJUNCTIONS.
 13 29    The attorney general, the department, or an individual,
 13 30 private organization or association, county, or city may bring
 13 31 an action in district court to restrain a producer, processor,
 13 32 handler, or retailer from selling an agricultural product by
 13 33 false or misleading advertising claiming that the agricultural
 13 34 product is organic.  A petitioner shall not be required to
 13 35 allege facts necessary to show, or tending to show, a lack of
 14  1 adequate remedy at law, or that irreparable damage or loss
 14  2 will result if the action is brought at law or that unique or
 14  3 special circumstances exist.
 14  4    Sec. 16.  NEW SECTION.  190C.26  PENALTIES.
 14  5    A person who violates this chapter is subject to a civil
 14  6 penalty of not more than five thousand dollars.  Civil
 14  7 penalties shall be assessed by the district court in an action
 14  8 initiated by the attorney general.  Each day that the offense
 14  9 continues constitutes a separate offense.  Civil penalties
 14 10 collected under this section shall be deposited in the general
 14 11 fund of the state.
 14 12    Sec. 17.  Chapter 190B, Code 1997, is repealed.
 14 13    Sec. 18.  IMPLEMENTATION.
 14 14    1.  The department of agriculture and land stewardship
 14 15 shall present proposed rules required to implement this Act to
 14 16 the organic standards board for approval prior to filing the
 14 17 rules pursuant to section 17A.5.
 14 18    2.  Not later than ninety days after the effective date of
 14 19 this Act, the governor and secretary shall appoint the members
 14 20 of the organic standards board as established pursuant to
 14 21 section 190C.2.  The governor and secretary shall make the
 14 22 appointments from nominations received by the governor and
 14 23 secretary from interested persons and organizations as
 14 24 recognized by the governor and secretary.  Members initially
 14 25 appointed to the board are not required to be certified as
 14 26 provided in section 190C.13.
 14 27    Sec. 19.  STAFF QUALIFICATIONS.  The department shall adopt
 14 28 rules regarding the qualifications of departmental personnel
 14 29 responsible for implementing and administering this Act.
 14 30    Sec. 20.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
 14 31 being deemed of immediate importance, takes effect upon
 14 32 enactment.  However, the department shall not be required to
 14 33 implement all of the provisions of this Act until it receives
 14 34 necessary accreditation or approval by the United States
 14 35 department of agriculture.  
 15  1 
 15  2 
 15  3                                                             
 15  4                               MARY E. KRAMER
 15  5                               President of the Senate
 15  6 
 15  7 
 15  8                                                             
 15  9                               RON J. CORBETT
 15 10                               Speaker of the House
 15 11 
 15 12    I hereby certify that this bill originated in the Senate and
 15 13 is known as Senate File 2332, Seventy-seventh General Assembly.
 15 14 
 15 15 
 15 16                                                             
 15 17                               MARY PAT GUNDERSON
 15 18                               Secretary of the Senate
 15 19 Approved                , 1998
 15 20 
 15 21 
 15 22                         
 15 23 TERRY E. BRANSTAD
 15 24 Governor
     

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