Text: SF00014 Text: SF00016 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 202A.4A PRICE DISCRIMINATION –
1 2 PROHIBITION.
1 3 1. Except as provided in subsection 2, a packer receiving,
1 4 purchasing, or soliciting livestock for slaughter in this
1 5 state shall not discriminate in prices paid or offered to be
1 6 paid to sellers of that livestock.
1 7 2. This section shall not apply to the purchase of
1 8 livestock by a packer if all of the following requirements are
1 9 met:
1 10 a. The price differential is based on one of the
1 11 following:
1 12 (1) The quality of the livestock, if the packer purchases
1 13 or solicits the livestock based upon a payment method
1 14 specifying prices paid for criteria relating to carcass merit.
1 15 (2) Actual and quantifiable costs related to transporting
1 16 and acquiring the livestock by the packer.
1 17 (3) An agreement for the delivery of livestock at a
1 18 specified date or time.
1 19 b. The packer provides all sellers with the same terms and
1 20 conditions offered to a seller who receives the differential
1 21 price based on any of the criteria described in paragraph "a".
1 22 The packer is not required to provide sellers with the same
1 23 terms and conditions after the close of business day on which
1 24 the packer provided the differential price. The packer shall
1 25 post a notice in a conspicuous place informing sellers of the
1 26 terms and conditions offered to a seller who receives a
1 27 differential price.
1 28 Sec. 2. NEW SECTION. 202A.4B PRIVATE ACTIONS.
1 29 1. If a seller receives a discriminatory price or is
1 30 offered only a discriminatory price for livestock based upon a
1 31 violation of section 202A.4A by a packer, the seller has a
1 32 civil cause of action against the packer and, if successful,
1 33 shall be awarded treble damages.
1 34 2. Any seller may apply to the district court for an
1 35 injunction to do any of the following:
2 1 a. Restrain a packer from engaging in conduct or practices
2 2 in violation of section 202A.4A.
2 3 b. Require a packer to comply with a provision of section
2 4 202A.4A.
2 5 3. A seller may void any agreement made by a packer in
2 6 violation of section 202A.4A.
2 7 Sec. 3. Section 202A.6, subsection 1, Code 2001, is
2 8 amended by adding the following new paragraph:
2 9 NEW PARAGRAPH. c. The department shall notify the
2 10 attorney general's office if the department has reason to
2 11 believe that a violation of section 202A.4A has occurred.
2 12 Sec. 4. Section 202A.7, Code 2001, is amended by adding
2 13 the following new subsection:
2 14 NEW SUBSECTION. 4. A packer acting in violation of
2 15 section 202A.4A is guilty of a fraudulent practice as provided
2 16 in section 714.8.
2 17 EXPLANATION
2 18 This bill amends Code chapter 202A, which regulates
2 19 livestock marketing practices by meat packers. A packer is
2 20 defined as a person who is engaged in the business of
2 21 slaughtering livestock or receiving, purchasing, or soliciting
2 22 livestock for slaughter. The definition includes a packer's
2 23 agent.
2 24 The bill prohibits price discrimination in the purchase of
2 25 livestock by a packer. The prohibition does not apply if,
2 26 first, the price differential is based on the quality of the
2 27 livestock, transportation costs, or the delivery of livestock
2 28 at a specified date or time, and second, the packer provides
2 29 all sellers with the same terms and conditions offered to the
2 30 seller who receives the differential price. The bill provides
2 31 that an agreement made in violation of the bill's requirements
2 32 is voidable. A packer violating the provision is guilty of a
2 33 fraudulent practice. Code chapter 199 provides that the
2 34 attorney general is responsible for enforcing the provisions
2 35 of that chapter. The bill provides that an injured seller may
3 1 seek injunctive relief. The injured seller may be awarded
3 2 treble damages in a court action.
3 3 LSB 1439SS 79
3 4 da/cls/14.1
Text: SF00014 Text: SF00016 Text: SF00000 - SF00099 Text: SF 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 09:40:00 CDT 2001
URL: /DOCS/GA/79GA/Legislation/SF/00000/SF00015/010109.html
jhf