Text: HF00173 Text: HF00175 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 172C.1 DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Livestock marketing contract" means a contract 1 5 executed between a packer and a producer, if the contract 1 6 requires or allows the packer to purchase livestock from the 1 7 producer more than twenty days from the date that the contract 1 8 is executed according to terms and conditions agreed to by the 1 9 parties. 1 10 2. "Livestock" means cattle, swine, or sheep. 1 11 3. "Packer" means a person who is engaged in the business 1 12 of slaughtering livestock or receiving, purchasing, or 1 13 soliciting livestock for slaughter, if the meat products of 1 14 the slaughtered livestock are directly or indirectly offered 1 15 for resale or for public consumption, and the meat products 1 16 have a total annual wholesale value of ten million dollars or 1 17 more. "Packer" includes an agent of the packer engaged in 1 18 receiving, purchasing, or soliciting livestock for slaughter 1 19 on behalf of a packer. "Packer" does not include a frozen 1 20 food locker plant regulated under chapter 172. 1 21 4. "Producer" means a person who owns and is actively 1 22 engaged in providing for the care and feeding of livestock for 1 23 more than thirty consecutive days. 1 24 Sec. 2. NEW SECTION. 172C.2 BREACH OF CONTRACT 1 25 PROHIBITING FUTURE CONTRACTING. 1 26 1. If a packer is found liable pursuant to a judgment in a 1 27 civil action heard in this state for breaching a livestock 1 28 marketing contract, the packer shall not execute a livestock 1 29 marketing contract or renew an existing livestock marketing 1 30 contract after the date that the judgment is entered. 1 31 2. A livestock marketing contract executed by a packer in 1 32 violation of this section is voidable by the producer who is a 1 33 party to the contract. 1 34 Sec. 3. NEW SECTION. 172C.3 PENALTY. 1 35 A packer who violates section 172C.2 is subject to a civil 2 1 penalty of not more than fifty thousand dollars. 2 2 Sec. 4. NEW SECTION. 172C.4 ENFORCEMENT AND PENALTIES. 2 3 The attorney general and the county attorney for the county 2 4 where a violation occurs shall enforce the provisions of this 2 5 chapter. The courts of this state may hear cases for 2 6 violations of section 172C.2, and may prevent and restrain 2 7 violations of this chapter through the issuance of 2 8 injunctions. The attorney general or a county attorney shall 2 9 institute suits on behalf of the state to assess civil 2 10 penalties as provided in section 172C.4, and prevent and 2 11 restrain violations of this chapter. 2 12 EXPLANATION 2 13 This bill provides that if a packer is found liable in a 2 14 civil action heard in this state of breaching a livestock 2 15 marketing contract with a producer, the packer is prohibited 2 16 from executing a subsequent livestock marketing contract, 2 17 including the renewal of an existing livestock marketing 2 18 contract. The bill provides that a livestock marketing 2 19 contract executed by a packer in violation of this bill is 2 20 voidable by the producer who is a party to the contract. 2 21 A packer who violates the bill is subject to a civil 2 22 penalty of not more than $50,000. 2 23 The bill provides that courts of this state may hear cases 2 24 for violations of the bill. The bill provides that the 2 25 attorney general or a county attorney must institute suits on 2 26 behalf of the state to assess civil penalties, and prevent and 2 27 restrain violations of this chapter. 2 28 LSB 1451YH 78 2 29 da/gg/8
Text: HF00173 Text: HF00175 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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