Text: HF00158 Text: HF00160 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 455B.207 CONTRACTORS SUBJECT TO
1 2 CIVIL PENALTIES.
1 3 1. As used in this section, all of the following apply:
1 4 a. "Contract confinement feeding operation" or "operation"
1 5 means a confinement feeding operation in which animals owned
1 6 or controlled by a contractor are produced by a contract
1 7 producer pursuant to a production contract.
1 8 b. "Contract producer" means a person who holds a legal
1 9 interest in a contract confinement feeding operation and who
1 10 produces animals owned or controlled by a contractor and kept
1 11 at the contract producer's operation.
1 12 c. "Contractor" means a person who owns or controls
1 13 animals that are produced by a contract producer at the
1 14 contract producer's contract confinement feeding operation
1 15 pursuant to a production contract.
1 16 d. "Produce" means to provide care and feed to animals
1 17 kept in a confinement feeding operation.
1 18 e. "Production contract" means an oral or written
1 19 agreement executed by a contractor and another party who may
1 20 be the contract producer, if all of the following apply:
1 21 (1) The agreement provides for the production of animals
1 22 owned or controlled by the contractor.
1 23 (2) A contract producer carries out the production at the
1 24 contract producer's operation according to the terms of an
1 25 agreement.
1 26 2. For purposes of this section, all of the following
1 27 apply:
1 28 a. A person is a contractor if all of the following
1 29 applies:
1 30 (1) The person executes a production contract with a
1 31 contract producer or another party for the production of
1 32 animals owned or controlled by the person.
1 33 (2) A contract producer carries out the production of the
1 34 animals pursuant to a production contract executed by the
1 35 contract producer, regardless of whether the person is a party
2 1 to that production contract.
2 2 b. A contractor owns or controls animals if the contractor
2 3 does any of the following:
2 4 (1) Owns a legal interest in the animals.
2 5 (2) Holds the right to purchase or sell the animals.
2 6 3. a. If a contract producer violates a provision of this
2 7 part, the contractor who owns or controls animals kept in the
2 8 contract producer's operation where the violation occurs shall
2 9 be deemed to have violated the same provision.
2 10 b. The contractor shall be subject to classification as a
2 11 habitual violator in the manner provided in section 455B.191.
2 12 c. The department or a court is not required to impose the
2 13 same penalty upon a contractor as the penalty imposed upon the
2 14 contract producer who commits a violation described in this
2 15 section.
2 16 4. This section does not apply to a contractor if the
2 17 total animal weight capacity of all animals owned or
2 18 controlled by the contractor in this state at the time of the
2 19 violation is two hundred thousand pounds or less for animals
2 20 other than bovine, or four hundred thousand pounds or less for
2 21 bovine.
2 22 EXPLANATION
2 23 This bill amends Code chapter 455B which in part regulates
2 24 animal feeding operations, including confinement feeding
2 25 operations.
2 26 The bill provides that a person who owns or controls
2 27 animals kept in a confinement feeding operation under contract
2 28 is deemed to have committed a violation of provisions
2 29 regulating water quality to the same extent as a contract
2 30 producer who owns the confinement feeding operation. The bill
2 31 provides that a person is a contractor if the person executes
2 32 a production contract with a contract producer or another
2 33 party for the production of animals owned by the person and a
2 34 contract producer carries out the production, regardless of
2 35 whether the person is a party to a contract with the producer.
3 1 The contractor is subject to classification as a habitual
3 2 violator as if the contractor were a contract producer. The
3 3 bill provides that the department or a court is not required
3 4 to impose the same penalty upon a contractor as the penalty
3 5 imposed on the contract producer who commits the violation.
3 6 The provision does not apply to a contractor, if the total
3 7 animal weight capacity of all animals owned or controlled by
3 8 the contractor is 200,000 pounds or less for animals other
3 9 than bovine, or 400,000 pounds or less for bovine.
3 10 A person who violates the part of the chapter regulating
3 11 water quality is, according to Code section 455B.191, subject
3 12 to a civil penalty of not more than $5,000. A person
3 13 classified as a habitual violator under that section is
3 14 subject to a civil penalty of $25,000.
3 15 LSB 2275HH 79
3 16 da/cls/14
Text: HF00158 Text: HF00160 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed May 9 09:40:40 CDT 2001
URL: /DOCS/GA/79GA/Legislation/HF/00100/HF00159/010201.html
jhf