House Journal: Page 1466: Tuesday, April 20, 1999

40   confidential.

41     2.  A provision which is part of a contract for the
42   purchase of livestock executed on and after the
43   effective date of this section for the purchase of
44   livestock is void, if the provision states that
45   information contained in the contract is confidential.
46   The 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. 6. NEW SECTION.  172C.5  RULES.
 7     1.  The department, in consultation with the office
 8   of attorney general, shall adopt rules necessary in
 9   order to administer this chapter.
10     2.  The department may establish different rules
11   according to the species of livestock governing all of
12   the following:
13     a.  Purchase reporting requirements pursuant to
14   section 172C.2.
15     b.  Purchase notice posting requirements pursuant
16   to section 172C.3.
17     Sec. 7. NEW SECTION.  172C.6  ENFORCEMENT.
18     1.  a.  The attorney general's office is the
19   primary agency responsible for enforcing this chapter.
20     b.  The department shall notify the attorney
21   general's office if the department has reason to
22   believe that a violation of section 172C.2 has
23   occurred.
24     2.  In enforcing the provisions of this chapter,
25   the attorney general may do all of the following:
26     a.  Apply to the district court for an injunction
27   to do any of the following:
28     (1)  Restrain a packer from engaging in conduct or
29   practices in violation of this chapter.
30     (2)  Require a packer to comply with a provision of
31   this chapter.
32     b.  Apply to district court for the issuance of a
33   subpoena to obtain contracts, documents, or other
34   records for purposes of enforcing this chapter.
35     c.  Bring an action in district court to enforce
36   penalties provided in this chapter, including the
37   imposition, assessment, and collection of monetary
38   penalties.

© 1999 Cornell College and League of Women Voters of Iowa

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