Text: HF02616 Text: HF02618 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2617 1 2 1 3 AN ACT 1 4 RELATING TO THE REGULATION OF MILK AND MILK PRODUCTS, BY 1 5 PROVIDING FOR PERMITS, FEES, AND PENALTIES, MAKING 1 6 PENALTIES APPLICABLE, AND PROVIDING AN EFFECTIVE DATE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 192.111, subsection 1, Code 2001, is 1 11 amended to read as follows: 1 12 1. The department shall issue and renew permits under this 1 13 subsection as provided by rules adopted by the department. A 1 14 permit, unless earlier revoked, is valid until the second July 1 15 1 following the issuance or renewal. The department shall 1 16 establish and assess the fees for the issuance and renewal of 1 17 permits annually as provided in this subsection. A permit fee 1 18 for the renewal period shall be due on the date that the 1 19 permit expires. Except as otherwise provided in this section, 1 20 all of the following shall apply: 1 21 a. The following persons must receive a permitor license1 22 from and pay an accompanying permit fee to the departmentand1 23pay the following fees: 1 24 (1) A milk plantwhich is notother than a receiving 1 25 station which must obtain a milk plant permit and pay a permit 1 26 fee not greater thanonetwo thousand dollarsper year. 1 27 (2) A transfer station which must obtain a transfer 1 28 station permit and pay a permit fee not greater thantwofour 1 29 hundred dollarsper year. 1 30 (3) A receiving stationwhich is notother than a milk 1 31 plant which must obtain a receiving station permit and pay a 1 32 permit fee of not greater thantwofour hundred dollarsper1 33year. 1 34 (4) A milk hauler which must obtain alicensemilk hauler 1 35 permit and pay alicensepermit fee not greater thanten2 1 twenty dollarsper year. 2 2 (5) A milk grader which must obtain alicensea milk 2 3 grader permit and pay a license feeofnot greater thanten2 4 twenty dollarsper year. 2 5 b.EachA bulk milk tankershall be licensed bymust 2 6 operate pursuant to a bulk milk tanker permit obtained from 2 7 the department.andThe person obtaining the permit must pay a 2 8licensepermit fee not greater thantwenty-fivefifty dollars 2 9per year.However, a license fee shall not be required for a2 10vehicle used for the collection of milk for manufacturing2 11dairy products which has paid a license fee for the same2 12period pursuant to section 194.19.2 13The secretary shall establish the fees provided in this2 14subsection annually. The fees shall be paid on July 1 of each2 15year.2 16 c. The following fees, which shall be in addition to any 2 17 fee required to accompany a permit as required in this 2 18 section, shall be assessed: 2 19 (1) A reinspection fee that shall be paid by a person 2 20 holding a permit under this subsection for which reinspection 2 21 is required as a condition of retaining the permit. The 2 22 amount of the reinspection fee shall not be more than forty 2 23 dollars for each such reinspection. 2 24 (2) A resealing fee that shall be paid by a person holding 2 25 a milk plant permit, for resealing a milk plant's pasteurizer. 2 26 The amount of the resealing fee shall not be more than one 2 27 hundred dollars for each such resealing. 2 28 d. A person who renews a permit and submits any 2 29 accompanying renewal fee under this subsection more than 2 30 thirty days after the date that the renewal period expires 2 31 shall pay a late fee. The amount of the late fee shall be 2 32 equal to ten percent of the permit renewal fee. However, in 2 33 no instance shall the late fee be less than twenty-five 2 34 dollars. 2 35 Sec. 2. Section 192.111, subsection 3, paragraph a, Code 3 1 2001, is amended to read as follows: 3 2 a. Fees collected under this sectionand sections 192.133,3 3194.14, 194.19,and section 194.20 shall be deposited in the 3 4 general fund of the state. All moneys deposited under this 3 5 section are appropriated to the department for the costs of 3 6 inspection, sampling, analysis, and other expenses necessary 3 7 for the administration of this chapter and chapter 194, and 3 8 shall be subject to the requirements of section 8.60. 3 9 Sec. 3. Section 192.112, unnumbered paragraph 1, Code 3 10 2001, is amended to read as follows: 3 11 The department shall adopt rules pursuant to chapter 17A 3 12 which providefor licensing milk haulers, milk graders, and3 13bulk milk tankers as provided in section 192.111. The3 14department shall establishstandardsof operationfor milk 3 15 haulers, milk graders, and bulk milk tankers. The standards 3 16 shall include, but need not be limited to, all of the 3 17 following: 3 18 Sec. 4. Section 192.113, subsection 1, Code 2001, is 3 19 amended to read as follows: 3 20 1. a. A person shall not act as a milk hauler unless the 3 21 personis licensed as a milk haulerholds a milk hauler permit 3 22 required pursuant to section 192.111. A person shall not 3 23 solicit another person to act as a milk hauler or procureor3 24obtainthe services of a person to act as a milk hauler unless 3 25 the person solicited or from whom the services are procuredor3 26obtained is licensed as a milk hauler pursuant to section3 27192.111holds a milk hauler permit. 3 28 b. A person shall not act as a milk grader unless the 3 29 personis licensed as a milk graderholds a milk grader permit 3 30 required pursuant to section 192.111. A person shall not 3 31 solicit another person to act as a milk grader or procureor3 32obtainthe services of a person to act as a milk grader, 3 33 unless the person solicited or from whom the services are 3 34 procuredor obtained is licensed as a milk grader pursuant to3 35section 192.111holds a milk grader permit. 4 1 c. A person shall not operate a bulk milk tanker unless 4 2 the bulk milk tankeris licensedoperates pursuant to a bulk 4 3 milk tanker permit required pursuant to section 192.111. A 4 4 person shall not solicit another person to operate a bulk milk 4 5 tanker or procureor obtainthe services of a person to 4 6 operate a bulk milk tanker, unless the bulk milk tankeris4 7licensed pursuant to section 192.111operates pursuant to a 4 8 bulk milk tanker permit. 4 9 Sec. 5. Section 194.3, Code 2001, is amended to read as 4 10 follows: 4 11 194.3 DEFINITIONS. 4 12 For the purpose of this chapter: 4 13 1. "Bulk milk tanker" means all of the following: 4 14 a. A bulk milk tanker as defined in section 192.101A. 4 15 b. A vehicle that transports milk stored in milk cans. 4 16 2. "Milk grader" means the same as defined in section 4 17 192.101A. 4 18 3. "Milk hauler" means the same as defined in section 4 19 192.101A. 4 201.4. "Milk processing plant" means an establishmentto4 21whichreceiving milkoffrom diverse producersis delivered4 22where said products are manufactured, if the milk is 4 23 manufactured into butter, cheese, dry milk or other dairy 4 24 products for commercial purposes. 4 252.5. "Milk used for manufacturing purposes" means milk or 4 26 milk products manufactured into butter, cheese, ungraded dry 4 27 milk, or other dairy products except milk and milk products as 4 28 defined in the Grade "A" Pasteurized Milk Ordinance provided 4 29 in section 192.102. 4 303.6. "Organoleptic examination or grading of milk" means 4 31 examination by the senses of sight, smell, and taste. 4 324. "Person" includes individuals, partnerships,4 33corporations, and associations.4 34 Sec. 6. NEW SECTION. 194.3A PERMIT REQUIREMENTS. 4 35 1. The department shall issue and renew permits under this 5 1 chapter as provided by rules adopted by the department. The 5 2 following persons must receive a permit from and pay a permit 5 3 fee to the department: 5 4 a. A milk hauler which must obtain a milk hauler permit. 5 5 b. A milk grader which must obtain a milk grader permit. 5 6 c. A bulk milk tanker which must operate pursuant to a 5 7 bulk milk tanker permit. 5 8 2. The department shall provide for the issuance and 5 9 renewal of permits under this section as provided by rules 5 10 adopted by the department, in the same manner as provided in 5 11 section 192.111. The amount of the permit fee shall be the 5 12 same as provided in section 192.111. A person shall not be 5 13 required to obtain a milk hauler permit, milk grader permit, 5 14 or bulk milk tanker permit under this section, if the person 5 15 has obtained the same permit under section 192.111. 5 16 3. The department may suspend or revoke a permit issued or 5 17 renewed under this section in the same manner that the 5 18 department may suspend or revoke a permit issued or renewed 5 19 under section 192.111. 5 20 4. A person who does any of the following is in violation 5 21 of this section: 5 22 a. (1) Acts as a milk hauler or milk grader, unless the 5 23 person holds a milk hauler permit or milk grader permit as 5 24 required in this section. 5 25 (2) Solicits another person to act as a milk hauler or 5 26 milk grader or procures the services of a person to act as a 5 27 milk hauler or milk grader, unless the person solicited or 5 28 from whom the services are procured holds a milk hauler permit 5 29 or milk grader permit as required in this section. 5 30 b. (1) Operates a bulk milk tanker, unless the bulk milk 5 31 tanker operates pursuant to a bulk milk tanker permit as 5 32 required in this section. 5 33 (2) Solicits another person to operate a bulk milk tanker 5 34 or procures the services of a person to operate a bulk milk 5 35 tanker, unless the bulk milk tanker operates pursuant to a 6 1 bulk milk tanker permit as required in this section. 6 2 Sec. 7. Section 194.18, Code 2001, is amended to read as 6 3 follows: 6 4 194.18 COLORING UNLAWFUL MILK. 6 5 A person who holds a milk hauler permit or a milk grader 6 6licensedpermit pursuant to section192.112192.111 may mix a 6 7 harmless coloring matter in unlawful milk as provided in 6 8 section 194.9 to prevent the unlawful milk from being 6 9 processed and used in any form for human consumption. 6 10 Sec. 8. Section 194.25, Code 2001, is amended to read as 6 11 follows: 6 12 194.25PENALTYVIOLATIONS AND PENALTIES. 6 13 1.AnyExcept as provided in subsection 2, a person who, 6 14 in person or by an agent or employee, willfully violates any 6 15 requirement of this chapter shall be guilty of a simple 6 16 misdemeanor. 6 17 2. A person in violation of section 194.3A is subject to 6 18 the same civil penalty as applied to that person as provided 6 19 in section 192.113. 6 20 Sec. 9. Sections 192.131 through 192.137, section 192.142, 6 21 sections 194.12 through 194.16, and section 194.19, Code 2001, 6 22 are repealed. 6 23 Sec. 10. STAGGERED FEE SYSTEM – IMPLEMENTATION. 6 24 1. Except as provided in subsection 2, the department of 6 25 agriculture and land stewardship shall treat licenses that 6 26 would otherwise require renewal under section 192.111 or 6 27 sections 194.12 through 194.14, Code 2001, as permits 6 28 requiring renewal as provided in section 192.111, as amended 6 29 by this Act, and section 194.3A, as enacted in this Act. 6 30 2. Notwithstanding section 192.111, as amended by this 6 31 Act, and section 194.3A, as enacted in this Act, the 6 32 department shall provide that fifty percent of the permits 6 33 issued or renewed in 2003 under these sections shall expire on 6 34 July 1, 2003, and the remainder shall expire on July 1, 2004. 6 35 Persons obtaining permits that expire on July 1, 2003, shall 7 1 pay a permit fee of one-half of the amount otherwise required 7 2 under those sections. 7 3 3. Notwithstanding section 192.111, as amended by this 7 4 Act, and section 194.3A, as enacted in this Act, requiring 7 5 that the department adopt rules to establish fees for permits 7 6 as provided in those sections, for the fiscal year beginning 7 7 July 1, 2002, and ending June 30, 2003, the following shall 7 8 apply: 7 9 a. For fifty percent of the permits issued or renewed 7 10 under chapters 192 and 194, that expire on July 1, 2003, the 7 11 amount of the fee for a permit shall be the same as required 7 12 for a comparable license or permit that applied under those 7 13 chapters on June 30, 2002. 7 14 b. For fifty percent of the permits issued or renewed 7 15 under chapters 192 and 194, that expire on July 1, 2004, the 7 16 amount of the fee for a permit shall be double the amount 7 17 otherwise required for a comparable license or permit that 7 18 applied under these chapters on June 30, 2002. 7 19 Sec. 11. EFFECTIVE DATE – APPLICABILITY. This Act, being 7 20 deemed of immediate importance, takes effect upon enactment. 7 21 The provisions of this Act become applicable on and after July 7 22 1, 2002. However, the department may adopt rules in 7 23 preparation for the Act's applicability on and after the Act's 7 24 effective date. 7 25 7 26 7 27 7 28 BRENT SIEGRIST 7 29 Speaker of the House 7 30 7 31 7 32 7 33 MARY E. KRAMER 7 34 President of the Senate 7 35 8 1 I hereby certify that this bill originated in the House and 8 2 is known as House File 2617, Seventy-ninth General Assembly. 8 3 8 4 8 5 8 6 MARGARET THOMSON 8 7 Chief Clerk of the House 8 8 Approved , 2002 8 9 8 10 8 11 8 12 THOMAS J. VILSACK 8 13 Governor
Text: HF02616 Text: HF02618 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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