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House Journal: Page 1524: Monday, April 13, 1998

39   a controlling interest in the operation is classified
40   as a habitual violator pursuant to section 455B.191.
41   The department shall assess and the confinement
42   feeding operation shall pay the actual costs of the
43   inspection.  However, in order to access the
44   operation, the departmental inspector must comply with
45   standard disease control restrictions customarily
46   required by the operation.  The department shall
47   comply with section 455B.103 in conducting an
48   investigation of the premises where the animals are
49   kept.
50     Sec. 33.  NEW SECTION.  455B.203A  MANURE

Page  28

 1   APPLICATORS CERTIFICATION.
 2     1.  As used in this section, unless the context
 3   otherwise requires:
 4     a.  "Commercial manure applicator" means the same
 5   as defined in section 455B.171.
 6     b.  "Confinement site" means a site where there is
 7   located a manure storage structure which is part of a
 8   confinement feeding operation, other than a small
 9   animal feeding operation.
10     c.  "Confinement site manure applicator" means a
11   person who applies manure stored at a confinement site
12   other than a commercial manure applicator.
13     2.  a.  A commercial manure applicator shall not
14   apply manure to land, unless the person is certified
15   pursuant this section.
16     b.  A confinement site manure applicator shall not
17   apply manure to land, unless the person is certified
18   pursuant to this section.
19     3.  a.  A person required to be certified as a
20   commercial manure applicator must be certified by the
21   department each year.  The person shall be certified
22   after completing an educational program which shall
23   consist of an examination required to be passed by the
24   person or three hours of continuing instructional
25   courses which the person must attend each year in lieu
26   of passing the examination.
27     b.  A person required to be certified as a
28   confinement site manure applicator must be certified
29   by the department each three years.  The person shall
30   be certified after completing an educational program
31   which shall consist of an examination required to be
32   passed by the person or two hours of continuing
33   instructional courses which the person must attend
34   each year in lieu of passing the examination.
35     4.  The department shall adopt, by rule,
36   requirements for the certification, including
37   educational program requirements.  The department may
38   establish different educational programs designed for

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