Text: SF02348 Text: SF02350 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2349 1 2 1 3 AN ACT 1 4 PROHIBITING A PROCESSOR FROM CONTRACTING FOR THE CARE AND 1 5 FEEDING OF SWINE IN THIS STATE, MAKING PENALTIES APPLICABLE, 1 6 AND PROVIDING AN EFFECTIVE DATE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 9H.1, Code Supplement 1999, is amended 1 11 by adding the following new subsection: 1 12 NEW SUBSECTION. 6A. "Contract for the care and feeding of 1 13 swine" means an oral or written agreement executed between a 1 14 person and the owner of swine, under which the person agrees 1 15 to care for and feed the owner's swine on the person's 1 16 premises. A contract for the care and feeding of swine does 1 17 not include an agreement for the sale or purchase of swine. 1 18 Sec. 2. Section 9H.2, Code 1999, is amended to read as 1 19 follows: 1 20 9H.2 PROHIBITED OPERATIONS EXCEPTIONS. 1 21 In order to preserve free and private enterprise, prevent 1 22 monopoly, and protect consumers, it is unlawful for any 1 23 processor of beef or pork or limited partnership in which a 1 24 processor holds partnership shares as a general partner or 1 25 partnership shares as a limited partner, or limited liability 1 26 company in which a processor is a member, to own, control or 1 27 operate a feedlot in Iowa in which hogs or cattle are fed for 1 28 slaughter. In addition, a processor shall not directly or 1 29 indirectlycontrol the manufacturing, processing, or1 30preparation for sale of pork products derived from swine if1 31the processor contractedcontract for the care and feeding of 1 32theswine in this state. However, this section does not apply 1 33 to a cooperative association organized under chapter 497, 498, 1 34or499, or 501, if the cooperative association contracts for 1 35 the care and feeding of swine with a member of the cooperative 2 1 association who is actively engaged in farming. This section 2 2 does not apply to an association organized as a cooperative in 2 3 which another cooperative association organized under chapter 2 4 497, 498,or499, or 501 is a member, if the association 2 5 contracts with a member which is a cooperative association 2 6 organized under chapter 497, 498,or499, or 501, which 2 7 contracts for the care and feeding of swine with a member of 2 8 the cooperative who is actively engaged in farming. This 2 9 section shall not preclude a processor, limited partnership, 2 10 or limited liability company from contracting for the purchase 2 11 of hogs or cattle, provided that where the contract sets a 2 12 date for delivery which is more than twenty days after the 2 13 making of the contract it shall: 2 14 1. Specify a calendar day for delivery of the livestock; 2 15 or 2 16 2. Specify the month for the delivery, and shall allow the 2 17 farmer to set the week for the delivery within such month and 2 18 the processor, limited partnership, or limited liability 2 19 company to set the date for delivery within such week. This 2 20 section shall not prevent processors or educational 2 21 institutions from carrying on legitimate research, 2 22 educational, or demonstration activities, nor shall it prevent 2 23 processors from owning and operating facilities to provide 2 24 normal care and feeding of animals for a period not to exceed 2 25 ten days immediately prior to slaughter, or for a longer 2 26 period in an emergency. Any processor or limited partnership 2 27 which owns, controls, or operates a feedlot on August 15, 1975 2 28 shall have until July 1, 1985 to dispose of the property. A 2 29 processor which is in compliance with this section prior to 2 30 the effective date of this Act and which is in violation of 2 31 this section as a result of this Act shall have until July 1, 2 32 2004, to comply with this Act. A processor shall not take 2 33 action on or after the effective date of this Act which would 2 34 be in violation of this section. 2 35 Sec. 3. EFFECTIVE DATE. This Act, being deemed of 3 1 immediate importance, takes effect upon enactment. 3 2 3 3 3 4 3 5 MARY E. KRAMER 3 6 President of the Senate 3 7 3 8 3 9 3 10 BRENT SIEGRIST 3 11 Speaker of the House 3 12 3 13 I hereby certify that this bill originated in the Senate and 3 14 is known as Senate File 2349, Seventy-eighth General Assembly. 3 15 3 16 3 17 3 18 MICHAEL E. MARSHALL 3 19 Secretary of the Senate 3 20 Approved , 2000 3 21 3 22 3 23 3 24 THOMAS J. VILSACK 3 25 Governor
Text: SF02348 Text: SF02350 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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