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
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