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Senate File 2349

Partial Bill History

Bill Text

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 indirectly control the manufacturing, processing, or
  1 30 preparation for sale of pork products derived from swine if
  1 31 the processor contracted contract for the care and feeding of
  1 32 the swine in this state.  However, this section does not apply
  1 33 to a cooperative association organized under chapter 497, 498,
  1 34 or 499, 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, or 499, 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, or 499, 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
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