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
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00100/HF00174/990202.html
jhf