House Journal: Page 1792: Wednesday, April 28, 1999

44   contractor and a passive contractor for the provision

45   of management services to the contract producer in the
46   production of the commodity.
47     c.  The contract is executed by a passive
48   contractor and a contract producer, if all of the
49   following apply:
50     (1)  The contract provides for management services
Page 3
 1   furnished by the passive contractor to the contract
 2   producer in the production of the commodity.
 3     (2)  The passive contractor has a contractual
 4   relationship with the active contractor involving the
 5   production of the commodity.
 6     2.  A production contract is executed when it is
 7   signed or orally agreed to by each party or by a
 8   person who is authorized by a party to act on the
 9   party's behalf.
10     Sec. 3. NEW SECTION.  8E.3  PRODUCTION CONTRACTS
11   - CONFIDENTIALITY PROHIBITED.
12     1.  A contractor shall not on or after the
13   effective date of this Act enforce a provision in a
14   production contract if the provision provides that
15   information contained in the production contract is
16   confidential.
17     2.  A provision which is part of a production
18   contract is void, if the provision states that
19   information contained in the production contract is
20   confidential.  The confidentiality provision is void
21   whether the confidentiality provision is express or
22   implied; oral or written; required or conditional;
23   contained in the production contract, another
24   production contract, or in a related document, policy,
25   or agreement.  This section does not affect other
26   provisions of a production contract or a related
27   document, policy, or agreement which can be given
28   effect without the voided provision.  This section
29   does not require a party to a production contract to
30   divulge the information in the production contract to
31   another person.
32     Sec. 4. NEW SECTION.  8E.4  ENFORCEMENT.
33     1.  The attorney general's office is the primary
34   agency responsible for enforcing this chapter.
35     2.  In enforcing the provisions of this chapter,
36   the attorney general may do all of the following:
37     a.  Apply to the district court for an injunction
38   to do any of the following:
39     (1)  Restrain a contractor from engaging in conduct
40   or practices in violation of this chapter.
41     (2)  Require a contractor to comply with a
42   provision of this chapter.

© 1999 Cornell College and League of Women Voters of Iowa

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