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PAG LIN
1 1 Amend House File 746 as follows:
1 2 #1. Page 2, line 10, by inserting after the word
1 3 "reporting." the following: "The amount allocated
1 4 under this subparagraph is contingent upon the
1 5 implementation of chapter 172C, as enacted in this
1 6 Act."
1 7 #2. Page 16, by inserting after line 11 the
1 8 following:
1 9 "Sec. 100. Section 22.7, Code 1999, is amended by
1 10 adding the following new subsection:
1 11 NEW SUBSECTION. 38. Information revealing the
1 12 name of a person who sells livestock to a packer as
1 13 reported to the department of agriculture and land
1 14 stewardship pursuant to section 172C.2
1 15 Sec. 101. NEW SECTION. 172C.1 DEFINITIONS.
1 16 1. "Department" means the department of
1 17 agriculture and land stewardship.
1 18 2. "Livestock" means live cattle, swine, or sheep.
1 19 3. "Packer" means a person who is engaged in the
1 20 business of slaughtering livestock or receiving,
1 21 purchasing, or soliciting livestock for slaughter, if
1 22 the meat products of the slaughtered livestock which
1 23 are directly or indirectly to be offered for resale or
1 24 for public consumption and the meat products have a
1 25 total annual value of ten million dollars or more. As
1 26 used in this chapter, "packer" includes an agent of
1 27 the packer engaged in buying or soliciting livestock
1 28 for slaughter on behalf of a packer. "Packer" does
1 29 not include a frozen food locker plant regulated under
1 30 chapter 172.
1 31 Sec. 102. NEW SECTION. 172C.2 PURCHASE REPORTS.
1 32 1. A packer shall file purchase reports which
1 33 include information relating to the purchase of
1 34 livestock as required by the department. The reports
1 35 shall be completed in the manner prescribed by the
1 36 department. The department may require that purchase
1 37 reports be filed in an electronic format. Rules
1 38 adopted by the department may provide that the
1 39 information contained in a purchase report include
1 40 volume of daily purchases, and the weight, grade, and
1 41 price paid for livestock, including all premiums,
1 42 discounts, or adjustments. If the livestock are
1 43 purchased pursuant to contract, the department may
1 44 require that information in the purchase report be
1 45 categorized by the type of contract, which may include
1 46 contracts commonly referred to as formula contracts,
1 47 risk managed contracts, ledger contracts, or cash
1 48 contracts. The purchase reports shall allow the
1 49 department to compare prices paid under contract with
1 50 cash market prices. A purchase report required under
2 1 this section shall at least include information for
2 2 all of the following:
2 3 a. Livestock purchased or committed to delivery on
2 4 the business day previous to the date that the report
2 5 is filed.
2 6 b. Livestock slaughtered on the two business days
2 7 previous to the date that the report is filed, or
2 8 earlier, if required by the department.
2 9 2. The department may enter into an agreement with
2 10 the United States department of agriculture or any
2 11 private marketing service in order to disseminate
2 12 information contained in purchase reports filed under
2 13 this section.
2 14 3. The department, in consultation with the office
2 15 of attorney general, shall designate information in
2 16 purchase reports that reveals the name of a livestock
2 17 seller as confidential pursuant to section 22.7.
2 18 Sec. 103. NEW SECTION. 172C.3 PURCHASE NOTICE.
2 19 A packer shall post a purchase notice which
2 20 includes information relating to the purchase of
2 21 livestock as required by the department. Rules
2 22 adopted by the department may provide that the
2 23 information contained in the posted notice include a
2 24 summary of information required to be filed in
2 25 purchase reports as provided in section 172C.2. The
2 26 information in the purchase notice shall appear in a
2 27 format that can be immediately understood by a
2 28 reasonable person familiar with selling livestock.
2 29 The notice shall be posted in a conspicuous place at
2 30 the point of delivery in a manner as prescribed by the
2 31 department. The packer shall communicate the
2 32 information contained in the purchase notice by
2 33 electronic means, including telephone upon request by
2 34 a livestock seller.
2 35 Sec. 104. NEW SECTION. 172C.4 CONFIDENTIALITY
2 36 PROHIBITED.
2 37 1. On and after the effective date of this Act, a
2 38 packer shall not include a provision in a contract for
2 39 the purchase of livestock providing that information
2 40 contained in the contract is confidential.
2 41 2. A provision which is part of a contract for the
2 42 purchase of livestock executed after the effective
2 43 date of this Act for the purchase of livestock is
2 44 void, if the provision states that information
2 45 contained in the contract is confidential. The
2 46 provision is void regardless of whether the
2 47 confidentiality provision is express or implied; oral
2 48 or written; required or conditional; contained in the
2 49 contract, another contract, or in a related document,
2 50 policy, or agreement. This section does not affect
3 1 other provisions of a contract or a related document,
3 2 policy, or agreement which can be given effect without
3 3 the voided provision. This section does not require
3 4 either party to the contract to divulge the
3 5 information in the contract to another person.
3 6 Sec. 105. NEW SECTION. 172C.5 RULES.
3 7 The department, in consultation with the office of
3 8 attorney general, shall adopt rules necessary in order
3 9 to administer this chapter. The department may
3 10 establish different rules according to the species of
3 11 livestock subject to purchase reporting pursuant to
3 12 section 172C.2 or a purchase notice pursuant to
3 13 section 172C.3.
3 14 Sec. 106. NEW SECTION. 172C.6 ENFORCEMENT.
3 15 1. The attorney general's office is the primary
3 16 agency responsible for enforcing this chapter. The
3 17 department shall notify the attorney general's office
3 18 if the department has reason to believe that a
3 19 violation of section 172C.4 has occurred.
3 20 2. In enforcing the provisions of this chapter,
3 21 the attorney general may do all of the following:
3 22 a. Apply to the district court for an injunction
3 23 to do any of the following:
3 24 (1) Restrain a packer from engaging in conduct or
3 25 practices in violation of this chapter.
3 26 (2) Require a packer to comply with a provision of
3 27 this chapter.
3 28 b. Apply to district court for the issuance of a
3 29 subpoena to obtain contracts, documents, or other
3 30 records for purposes of enforcing this chapter.
3 31 c. Bring an action in district court to enforce
3 32 penalties provided in this chapter, including the
3 33 assessment and collection of civil penalties.
3 34 3. The attorney general shall have access to all
3 35 information reported by packers pursuant to section
3 36 172C.2, regardless of whether the information is
3 37 confidential. The attorney general may use the
3 38 information in order to enforce this chapter or submit
3 39 the information to a federal agency in a legal action
3 40 against a packer.
3 41 Sec. 107. NEW SECTION. 172C.7 PENALTIES.
3 42 1. A packer who fails to file a timely, accurate,
3 43 or complete purchase report as required pursuant to
3 44 section 172C.2 is subject to a civil penalty of not
3 45 more than five thousand dollars.
3 46 2. A packer who fails to post a timely, accurate,
3 47 or complete purchase notice or communicate information
3 48 contained in the purchase notice to a livestock seller
3 49 upon request as required pursuant to section 172C.3 is
3 50 subject to a civil penalty of not more than one
4 1 thousand dollars.
4 2 3. A packer who includes a confidentiality
4 3 provision in a contract with a livestock seller in
4 4 violation of section 172C.4 is guilty of a fraudulent
4 5 practice as provided in section 714.8."
4 6 #3. Page 17, by inserting after line 1 the
4 7 following:
4 8 "Sec. 108. Section 714.8, Code 1999, is amended by
4 9 adding the following new subsection:
4 10 NEW SUBSECTION. 17. A packer who includes a
4 11 confidentiality provision in a contract with a
4 12 livestock seller in violation of section 172C.3.
4 13 Sec. 200. APPLICABILITY. A packer shall provide
4 14 purchasing reports to the department of agriculture
4 15 and land stewardship as required in section 172C.2, as
4 16 enacted in this Act, and shall post a purchase notice
4 17 and communicate information contained in the purchase
4 18 notice to livestock sellers as provided in section
4 19 172C.3, as enacted in this Act, for each species of
4 20 livestock as defined in section 172C.1, as enacted in
4 21 this Act, upon adoption of rules governing that
4 22 species by the department."
4 23 #4. Page 17, by inserting after line 9 the
4 24 following:
4 25 " . Sections 101 through 108, amending section
4 26 22.7, subsection 38, enacting sections 172C.1 through
4 27 172C.7, and amending section 714.8, subsection 17,
4 28 relating to packer regulations.
4 29 . Section 200, relating to packer regulations."
4 30
4 31
4 32
4 33 FREVERT of Palo Alto
4 34
4 35
4 36
4 37 SCHRADER of Marion
4 38
4 39
4 40
4 41 STEVENS of Dickinson
4 42
4 43
4 44
4 45 KUHN of Floyd
4 46
4 47
4 48
4 49 OSTERHAUS of Jackson
4 50
5 1
5 2
5 3 CATALDO of Polk
5 4
5 5
5 6
5 7 SCHERRMAN of Dubuque
5 8
5 9
5 10
5 11 RICHARDSON of Warren
5 12
5 13
5 14
5 15 WEIGEL of Chickasaw
5 16
5 17
5 18
5 19 WISE of Lee
5 20
5 21
5 22
5 23 SHOULTZ of Black Hawk
5 24
5 25
5 26
5 27 REYNOLDS of Van Buren
5 28
5 29
5 30
5 31 BUKTA of Clinton
5 32
5 33
5 34
5 35 MERTZ of Kossuth
5 36
5 37
5 38
5 39 DODERER of Johnson
5 40
5 41
5 42
5 43 THOMAS of Clayton
5 44
5 45
5 46
5 47 FALCK of Fayette
5 48
5 49
5 50
6 1 PARMENTER of Story
6 2
6 3
6 4
6 5 WITT of Black Hawk
6 6
6 7
6 8
6 9 MASCHER of Johnson
6 10
6 11
6 12
6 13 BURNETT of Story
6 14
6 15
6 16
6 17 TAYLOR of Linn
6 18
6 19
6 20
6 21 HOLVECK of Polk
6 22
6 23
6 24
6 25 MUNDIE of Webster
6 26
6 27
6 28
6 29 JOCHUM of Dubuque
6 30
6 31
6 32
6 33 LARKIN of Lee
6 34
6 35
6 36
6 37 MYERS of Johnson
6 38
6 39
6 40
6 41 MURPHY of Dubuque
6 42
6 43
6 44
6 45 KREIMAN of Davis
6 46
6 47
6 48
6 49 CHAPMAN of Linn
6 50
7 1
7 2
7 3 DREES of Carroll
7 4 HF 746.704 78
7 5 da/sc
Text: H01405 Text: H01407 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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