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House Journal: Page 1073: Tuesday, April 6, 1999

32   information contained in the purchase notice by

33   electronic means, including telephone upon request by
34   a livestock seller.
35     Sec. 104. NEW SECTION.  172C.4  CONFIDENTIALITY
37     1.  On and after the effective date of this Act, a
38   packer shall not include a provision in a contract for
39   the purchase of livestock providing that information
40   contained in the contract is confidential.
41     2.  A provision which is part of a contract for the
42   purchase of livestock executed after the effective
43   date of this Act for the purchase of livestock is
44   void, if the provision states that information
45   contained in the contract is confidential.  The
46   provision is void regardless of whether the
47   confidentiality provision is express or implied; oral
48   or written; required or conditional; contained in the
49   contract, another contract, or in a related document,
50   policy, or agreement.  This section does not affect
Page 3
 1   other provisions of a contract or a related document,
 2   policy, or agreement which can be given effect without
 3   the voided provision.  This section does not require
 4   either party to the contract to divulge the
 5   information in the contract to another person.
 6     Sec. 105. NEW SECTION.  172C.5  RULES.
 7     The department, in consultation with the office of
 8   attorney general, shall adopt rules necessary in order
 9   to administer this chapter.  The department may
10   establish different rules according to the species of
11   livestock subject to purchase reporting pursuant to
12   section 172C.2 or a purchase notice pursuant to
13   section 172C.3.
14     Sec. 106. NEW SECTION.  172C.6  ENFORCEMENT.
15     1.  The attorney general's office is the primary
16   agency responsible for enforcing this chapter.  The
17   department shall notify the attorney general's office
18   if the department has reason to believe that a
19   violation of section 172C.4 has occurred.
20     2.  In enforcing the provisions of this chapter,
21   the attorney general may do all of the following:
22     a.  Apply to the district court for an injunction
23   to do any of the following:
24     (1)  Restrain a packer from engaging in conduct or
25   practices in violation of this chapter.
26     (2)  Require a packer to comply with a provision of
27   this chapter.
28     b.  Apply to district court for the issuance of a
29   subpoena to obtain contracts, documents, or other
30   records for purposes of enforcing this chapter.

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