Text: HF02523 Text: HF02525 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 192.111, subsection 1, Code 2001, is 1 2 amended to read as follows: 1 3 1. The department shall issue and renew permits under this 1 4 subsection as provided by rules adopted by the department. A 1 5 permit, unless earlier revoked, is valid until the second July 1 6 1 following the issuance or renewal. The department shall 1 7 establish and assess the fees for the issuance and renewal of 1 8 permits annually as provided in this subsection. A permit fee 1 9 for the renewal period shall be due on the date that the 1 10 permit expires. Except as otherwise provided in this section, 1 11 all of the following shall apply: 1 12 a. The following persons must receive a permitor license1 13 from and pay an accompanying permit fee to the departmentand1 14pay the following fees: 1 15 (1) A milk plantwhich is notother than a receiving 1 16 station which must obtain a milk plant permit and pay a permit 1 17 fee not greater thanonetwo thousand dollarsper year. 1 18 (2) A transfer station which must obtain a transfer 1 19 station permit and pay a permit fee not greater thantwofour 1 20 hundred dollarsper year. 1 21 (3) A receiving stationwhich is notother than a milk 1 22 plant which must obtain a receiving station permit and pay a 1 23 permit fee of not greater thantwofour hundred dollarsper1 24year. 1 25 (4) A milk hauler which must obtain alicensemilk hauler 1 26 permit and pay alicensepermit fee not greater thanten1 27 twenty dollarsper year. 1 28 (5) A milk grader which must obtain alicensea milk 1 29 grader permit and pay a license feeofnot greater thanten1 30 twenty dollarsper year. 1 31 b.EachA bulk milk tankershall be licensed bymust 1 32 operate pursuant to a bulk milk tanker permit obtained from 1 33 the department.andThe person obtaining the permit must pay a 1 34licensepermit fee not greater thantwenty-fivefifty dollars 1 35per year.However, a license fee shall not be required for a2 1vehicle used for the collection of milk for manufacturing2 2dairy products which has paid a license fee for the same2 3period pursuant to section 194.19.2 4The secretary shall establish the fees provided in this2 5subsection annually. The fees shall be paid on July 1 of each2 6year.2 7 Sec. 2. Section 192.111, subsection 3, paragraph a, Code 2 8 2001, is amended to read as follows: 2 9 a. Fees collected under this sectionand sections 192.133,2 10194.14, 194.19,and section 194.20 shall be deposited in the 2 11 general fund of the state. All moneys deposited under this 2 12 section are appropriated to the department for the costs of 2 13 inspection, sampling, analysis, and other expenses necessary 2 14 for the administration of this chapter and chapter 194, and 2 15 shall be subject to the requirements of section 8.60. 2 16 Sec. 3. Section 192.112, unnumbered paragraph 1, Code 2 17 2001, is amended to read as follows: 2 18 The department shall adopt rules pursuant to chapter 17A 2 19 which providefor licensing milk haulers, milk graders, and2 20bulk milk tankers as provided in section 192.111. The2 21department shall establishstandardsof operationfor milk 2 22 haulers, milk graders, and bulk milk tankers. The standards 2 23 shall include, but need not be limited to, all of the 2 24 following: 2 25 Sec. 4. Section 192.113, subsection 1, Code 2001, is 2 26 amended to read as follows: 2 27 1. a. A person shall not act as a milk hauler unless the 2 28 personis licensed as a milk haulerholds a milk hauler permit 2 29 required pursuant to section 192.111. A person shall not 2 30 solicit another person to act as a milk hauler or procureor2 31obtainthe services of a person to act as a milk hauler unless 2 32 the person solicited or from whom the services are procuredor2 33obtained is licensed as a milk hauler pursuant to section2 34192.111holds a milk hauler permit. 2 35 b. A person shall not act as a milk grader unless the 3 1 personis licensed as a milk graderholds a milk grader permit 3 2 required pursuant to section 192.111. A person shall not 3 3 solicit another person to act as a milk grader or procureor3 4obtainthe services of a person to act as a milk grader, 3 5 unless the person solicited or from whom the services are 3 6 procuredor obtained is licensed as a milk grader pursuant to3 7section 192.111holds a milk grader permit. 3 8 c. A person shall not operate a bulk milk tanker unless 3 9 the bulk milk tankeris licensedoperates pursuant to a bulk 3 10 milk tanker permit required pursuant to section 192.111. A 3 11 person shall not solicit another person to operate a bulk milk 3 12 tanker or procureor obtainthe services of a person to 3 13 operate a bulk milk tanker, unless the bulk milk tankeris3 14licensed pursuant to section 192.111operates pursuant to a 3 15 bulk milk tanker permit. 3 16 Sec. 5. Section 194.3, Code 2001, is amended to read as 3 17 follows: 3 18 194.3 DEFINITIONS. 3 19 For the purpose of this chapter: 3 20 1. "Bulk milk tanker" means the same as defined in section 3 21 192.101A. 3 22 2. "Milk grader" means the same as defined in section 3 23 192.101A. 3 24 3. "Milk hauler" means the same as defined in section 3 25 192.101A. 3 261.4. "Milk processing plant" means an establishmentto3 27whichreceiving milkoffrom diverse producersis delivered3 28where said products are manufactured, if the milk is 3 29 manufactured into butter, cheese, dry milk or other dairy 3 30 products for commercial purposes. 3 312.5. "Milk used for manufacturing purposes" means milk or 3 32 milk products manufactured into butter, cheese, ungraded dry 3 33 milk, or other dairy products except milk and milk products as 3 34 defined in the Grade "A" Pasteurized Milk Ordinance provided 3 35 in section 192.102. 4 13.6. "Organoleptic examination or grading of milk" means 4 2 examination by the senses of sight, smell, and taste. 4 34. "Person" includes individuals, partnerships,4 4corporations, and associations.4 5 Sec. 6. NEW SECTION. 194.3A PERMIT REQUIREMENTS. 4 6 1. The department shall issue and renew permits under this 4 7 chapter as provided by rules adopted by the department. The 4 8 following persons must receive a permit from and pay a permit 4 9 fee to the department: 4 10 a. A milk hauler which must obtain a milk hauler permit. 4 11 b. A milk grader which must obtain a milk grader permit. 4 12 c. A bulk milk tanker which must operate pursuant to a 4 13 bulk milk tanker permit. 4 14 2. The department shall provide for the issuance and 4 15 renewal of permits under this section as provided by rules 4 16 adopted by the department, in the same manner as provided in 4 17 section 192.111. The amount of the permit fee shall be the 4 18 same as provided in section 192.111. A person shall not be 4 19 required to obtain a milk hauler permit, milk grader permit, 4 20 or bulk milk tanker permit under this section, if the person 4 21 has obtained the same permit under section 192.111. 4 22 3. The department may suspend or revoke a permit issued or 4 23 renewed under this section in the same manner that the 4 24 department may suspend or revoke a permit issued or renewed 4 25 under section 192.111. 4 26 4. A person who does any of the following is in violation 4 27 of this section: 4 28 a. (1) Acts as a milk hauler or milk grader, unless the 4 29 person holds a milk hauler permit or milk grader permit as 4 30 required in this section. 4 31 (2) Solicits another person to act as a milk hauler or 4 32 milk grader or procures the services of a person to act as a 4 33 milk hauler or milk grader, unless the person solicited or 4 34 from whom the services are procured holds a milk hauler permit 4 35 or milk grader permit as required in this section. 5 1 b. (1) Operates a bulk milk tanker, unless the bulk milk 5 2 tanker operates pursuant to a bulk milk tanker permit as 5 3 required in this section. 5 4 (2) Solicits another person to operate a bulk milk tanker 5 5 or procures the services of a person to operate a bulk milk 5 6 tanker, unless the bulk milk tanker operates pursuant to a 5 7 bulk milk tanker permit as required in this section. 5 8 Sec. 7. Section 194.18, Code 2001, is amended to read as 5 9 follows: 5 10 194.18 COLORING UNLAWFUL MILK. 5 11 A person who holds a milk hauler permit or a milk grader 5 12licensedpermit pursuant to section192.112192.111 may mix a 5 13 harmless coloring matter in unlawful milk as provided in 5 14 section 194.9 to prevent the unlawful milk from being 5 15 processed and used in any form for human consumption. 5 16 Sec. 8. Section 194.25, Code 2001, is amended to read as 5 17 follows: 5 18 194.25PENALTYVIOLATIONS AND PENALTIES. 5 19 1.AnyExcept as provided in subsection 2, a person who, 5 20 in person or by an agent or employee, willfully violates any 5 21 requirement of this chapter shall be guilty of a simple 5 22 misdemeanor. 5 23 2. A person in violation of section 194.3A is subject to 5 24 the same civil penalty as applied to that person as provided 5 25 in section 192.113. 5 26 Sec. 9. Section 321E.29A, Code 2001, is amended to read as 5 27 follows: 5 28 321E.29A RAW MILK TRANSPORTERS. 5 29 The department or a local authority may issue annual 5 30 permits authorizing a raw milk transporter to transport by 5 31 motor truck raw milk to or from a milk plant, receiving 5 32 station, or transfer station as provided in chapter 192. The 5 33 combined gross weight or gross weight on any axle or groups of 5 34 axles of the motor truck shall not exceed the limits 5 35 established under section 321.463. The issuing authority may 6 1 specify weight limits or routes for each raw milk transporter 6 2 or establish weight limits or routes under section 321E.8. 6 3 Sec. 10. Sections 192.131 through 192.137, section 6 4 192.142, sections 194.12 through 194.16, and section 194.19, 6 5 Code 2001, are repealed. 6 6 Sec. 11. STAGGERED FEE SYSTEM – IMPLEMENTATION. 6 7 1. Except as provided in subsection 2, the department of 6 8 agriculture and land stewardship shall treat licenses that 6 9 would otherwise require renewal under section 192.111 or 6 10 sections 194.12 through 194.14, Code 2001, as permits 6 11 requiring renewal as provided in section 192.111, as amended 6 12 by this Act, and section 194.3A, as enacted in this Act. 6 13 2. Notwithstanding section 192.111, as amended by this 6 14 Act, and section 194.3A, as enacted in this Act, the 6 15 department shall provide that fifty percent of the permits 6 16 issued or renewed in 2003 under these sections shall expire on 6 17 July 1, 2003, and the remainder shall expire on July 1, 2004. 6 18 Persons obtaining permits that expire on July 1, 2003, shall 6 19 pay a permit fee of one-half of the amount otherwise required 6 20 under those sections. 6 21 3. Notwithstanding section 192.111, as amended by this 6 22 Act, and section 194.3A, as enacted in this Act, requiring 6 23 that the department adopt rules to establish fees for permits 6 24 as provided in those sections, for the fiscal year beginning 6 25 July 1, 2002, and ending June 30, 2003, the following shall 6 26 apply: 6 27 a. For fifty percent of the permits issued or renewed 6 28 under chapters 192 and 194, that expire on July 1, 2003, the 6 29 amount of the fee for a permit shall be the same as required 6 30 for a comparable license or permit that applied under those 6 31 chapters on June 30, 2002. 6 32 b. For fifty percent of the permits issued or renewed 6 33 under chapters 192 and 194, that expire on July 1, 2004, the 6 34 amount of the fee for a permit shall be double the amount 6 35 otherwise required for a comparable license or permit that 7 1 applied under these chapters on June 30, 2002. 7 2 Sec. 12. EFFECTIVE DATE – APPLICABILITY. This Act, being 7 3 deemed of immediate importance, takes effect upon enactment. 7 4 The provisions of this Act become applicable on and after July 7 5 1, 2002. However, the department may adopt rules in 7 6 preparation for the Act's applicability on and after the Act's 7 7 effective date. 7 8 EXPLANATION 7 9 This bill amends a number of provisions relating to the 7 10 regulation of milk and milk products, including providing for 7 11 fees. These provisions are provided in Code chapter 192 7 12 referred to as the "Iowa grade 'A' milk inspection law" and 7 13 Code chapter 194 regulating grades of milk other than grade 7 14 "A" milk. 7 15 The bill amends Code section 192.111 and related sections 7 16 referring to annual licenses issued by the department to milk 7 17 plants, transfer stations, receiving stations, milk haulers, 7 18 milk graders, and bulk milk tankers. The Code section also 7 19 authorizes the department to collect license fees. The bill 7 20 changes the name "license" to "permit", provides that the 7 21 permits are valid for two years, and doubles the current fees. 7 22 The bill provides for staggered implementation of the revised 7 23 fee system. 7 24 The bill creates a new Code section which requires the 7 25 department to issue and renew permits under that chapter for 7 26 milk haulers, milk graders, and operators of bulk milk 7 27 tankers. The bill's section requires the issuance and renewal 7 28 of the permits in the same manner as those issued under Code 7 29 section 192.111. It provides that a person is not required to 7 30 obtain a permit under Code chapter 194 if the person has 7 31 obtained the same permit under Code chapter 192. 7 32 The bill repeals a number of sections in both Code chapters 7 33 192 and 194. These include provisions in Code sections 7 34 192.131 through 192.137 which provide regulations testing for 7 35 milk fat, including examination requirements, licensing and 8 1 fees, milk and cream testing procedures, tests conducted by 8 2 unlicensed persons, and the use of evidence in legal actions. 8 3 Sections repealed in Code chapter 194 include Code sections 8 4 194.12 through 194.16 providing for a milk hauler's license 8 5 and a milk grader's license, the duty of graders, and the 8 6 revocation or suspension of licenses. The bill also repeals 8 7 Code section 194.19 providing for the licensure of vehicles 8 8 used for the collection of milk. 8 9 Code section 192.113 provides that a person who violates 8 10 the chapter's permitting provisions is subject to a civil 8 11 penalty of at least $100 but not more than $1,000 for each 8 12 violation. The bill amends Code section 194.25 and provides 8 13 that a person who acts as a milk hauler or milk grader or 8 14 operates a bulk milk tanker without holding a valid permit in 8 15 violation of new Code section 194.3A is subject to the same 8 16 civil penalties. 8 17 The bill takes effect upon enactment, although its 8 18 provisions become applicable on and after July 1, 2002. The 8 19 department is authorized to adopt rules in preparation of the 8 20 bill's applicability on and after its effective date. 8 21 LSB 6755HV 79 8 22 da/sh/8.1
Text: HF02523 Text: HF02525 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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