Text: H01267 Text: H01269 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 720 as follows:
1 2 #1. Page 1, by inserting before line 1 the
1 3 following:
1 4 "Section 1. Section 22.7, Code 1999, is amended by
1 5 adding the following new subsection:
1 6 NEW SUBSECTION. 38. Information revealing the
1 7 name of a person who sells livestock to a packer as
1 8 reported to the department of agriculture and land
1 9 stewardship pursuant to section 172C.2."
1 10 #2. Page 1, by inserting after line 1 the
1 11 following:
1 12 " . "Department" means the department of
1 13 agriculture and land stewardship."
1 14 #3. By striking page 1, line 13, through page 3,
1 15 line 18, and inserting the following:
1 16 "Sec. . NEW SECTION. 172C.2 PURCHASE REPORTS.
1 17 1. A packer shall file purchase reports which
1 18 include information relating to the purchase of
1 19 livestock as required by the department. The reports
1 20 shall be completed in the manner prescribed by the
1 21 department. The department may require that purchase
1 22 reports be filed in an electronic format. Rules
1 23 adopted by the department may provide that the
1 24 information contained in a purchase report include
1 25 volume of daily purchases, and the weight, grade, and
1 26 price paid for livestock, including all premiums,
1 27 discounts, or adjustments. If the livestock are
1 28 purchased pursuant to contract, the department may
1 29 require that information in the purchase report be
1 30 categorized by the type of contract, which may include
1 31 contracts commonly referred to as formula contracts,
1 32 risk managed contracts, ledger contracts, or cash
1 33 contracts. The purchase reports shall allow the
1 34 department to compare prices paid under contract with
1 35 cash market prices. A purchase report required under
1 36 this section shall at least include information for
1 37 all of the following:
1 38 a. Livestock purchased or committed to delivery on
1 39 the business day previous to the date that the report
1 40 is filed.
1 41 b. Livestock slaughtered on the two business days
1 42 previous to the date that the report is filed, or
1 43 earlier, if required by the department.
1 44 2. The department may enter into an agreement with
1 45 the United States department of agriculture or any
1 46 private marketing service in order to disseminate
1 47 information contained in purchase reports filed under
1 48 this section.
1 49 3. The department, in consultation with the office
1 50 of attorney general, shall designate information in
2 1 purchase reports that reveals the name of a livestock
2 2 seller as confidential pursuant to section 22.7.
2 3 Sec. . NEW SECTION. 172C.3 PURCHASE NOTICE.
2 4 A packer shall post a purchase notice which
2 5 includes information relating to the purchase of
2 6 livestock as required by the department. Rules
2 7 adopted by the department may provide that the
2 8 information contained in the posted notice include a
2 9 summary of information required to be filed in
2 10 purchase reports as provided in section 172C.2. The
2 11 information in the purchase notice shall appear in a
2 12 format that can be immediately understood by a
2 13 reasonable person familiar with selling livestock.
2 14 The notice shall be posted in a conspicuous place at
2 15 the point of delivery in a manner as prescribed by the
2 16 department. The packer shall communicate the
2 17 information contained in the purchase notice by
2 18 electronic means, including telephone upon request by
2 19 a livestock seller.
2 20 Sec. . NEW SECTION. 172C.4 CONFIDENTIALITY
2 21 PROHIBITED.
2 22 1. On and after the effective date of this Act, a
2 23 packer shall not include a provision in a contract for
2 24 the purchase of livestock providing that information
2 25 contained in the contract is confidential.
2 26 2. A provision which is part of a contract for the
2 27 purchase of livestock executed after the effective
2 28 date of this Act for the purchase of livestock is
2 29 void, if the provision states that information
2 30 contained in the contract is confidential. The
2 31 provision is void regardless of whether the
2 32 confidentiality provision is express or implied; oral
2 33 or written; required or conditional; contained in the
2 34 contract, another contract, or in a related document,
2 35 policy, or agreement. This section does not affect
2 36 other provisions of a contract or a related document,
2 37 policy, or agreement which can be given effect without
2 38 the voided provision. This section does not require
2 39 either party to the contract to divulge the
2 40 information in the contract to another person.
2 41 Sec. . NEW SECTION. 172C.5 RULES.
2 42 The department, in consultation with the office of
2 43 attorney general, shall adopt rules necessary in order
2 44 to administer this chapter. The department may
2 45 establish different rules according to the species of
2 46 livestock subject to purchase reporting pursuant to
2 47 section 172C.2 or a purchase notice pursuant to
2 48 section 172C.3.
2 49 Sec. . NEW SECTION. 172C.6 ENFORCEMENT.
2 50 1. The attorney general's office is the primary
3 1 agency responsible for enforcing this chapter. The
3 2 department shall notify the attorney general's office
3 3 if the department has reason to believe that a
3 4 violation of section 172C.4 has occurred.
3 5 2. In enforcing the provisions of this chapter,
3 6 the attorney general may do all of the following:
3 7 a. Apply to the district court for an injunction
3 8 to do any of the following:
3 9 (1) Restrain a packer from engaging in conduct or
3 10 practices in violation of this chapter.
3 11 (2) Require a packer to comply with a provision of
3 12 this chapter.
3 13 b. Apply to district court for the issuance of a
3 14 subpoena to obtain contracts, documents, or other
3 15 records for purposes of enforcing this chapter.
3 16 c. Bring an action in district court to enforce
3 17 penalties provided in this chapter, including the
3 18 assessment and collection of civil penalties.
3 19 3. The attorney general shall have access to all
3 20 information reported by packers pursuant to section
3 21 172C.2, regardless of whether the information is
3 22 confidential. The attorney general may use the
3 23 information in order to enforce this chapter or submit
3 24 the information to a federal agency in a legal action
3 25 against a packer.
3 26 Sec. . NEW SECTION. 172C.7 PENALTIES.
3 27 1. A packer who fails to file a timely, accurate,
3 28 or complete purchase report as required pursuant to
3 29 section 172C.2 is subject to a civil penalty of not
3 30 more than five thousand dollars.
3 31 2. A packer who fails to post a timely, accurate,
3 32 or complete purchase notice or communicate information
3 33 contained in the purchase notice to a livestock seller
3 34 upon request as required pursuant to section 172C.3 is
3 35 subject to a civil penalty of not more than one
3 36 thousand dollars.
3 37 3. A packer who includes a confidentiality
3 38 provision in a contract with a livestock seller in
3 39 violation of section 172C.4 is guilty of a fraudulent
3 40 practice as provided in section 714.8.
3 41 Sec. . Section 714.8, Code 1999, is amended by
3 42 adding the following new subsection:
3 43 NEW SUBSECTION. 17. A packer who includes a
3 44 confidentiality provision in a contract with a
3 45 livestock seller in violation of section 172C.3.
3 46 Sec. . APPLICABILITY. A packer shall provide
3 47 purchasing reports to the department of agriculture
3 48 and land stewardship as required in section 172C.2 and
3 49 shall post a purchase notice and communicate
3 50 information contained in the purchase notice to
4 1 livestock sellers as provided in section 172C.3, as
4 2 enacted in this Act, for each species of livestock as
4 3 defined in section 172C.1, as enacted in this Act,
4 4 upon adoption of rules governing that species by the
4 5 department.
4 6 Sec. . EFFECTIVE – DATE.
4 7 This Act takes effect on March 1, 2000."
4 8 #4. Title page, line 2, by striking the words "by
4 9 prohibiting price discrimination,".
4 10 #5. Title page, by striking line 4 and inserting
4 11 the following: "penalties, and providing an effective
4 12 date."
4 13
4 14
4 15
4 16 KLEMME of Plymouth
4 17 HF 720.701 78
4 18 da/sc
Text: H01267 Text: H01269 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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