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Bills and Amendments: General Index     Bill History: General Index

Senate File 394

Partial Bill History

Bill Text

PAG LIN
  1  1                                            SENATE FILE 394
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO THE REGULATION OF THE GRAIN INDUSTRY, AND MAKING
  1  5    PENALTIES APPLICABLE.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9                           DIVISION I
  1 10       REGULATION OF GRAIN DEALER AND WAREHOUSE OPERATIONS
  1 11    Section 1.  Section 203.1, Code 2003, is amended by adding
  1 12 the following new subsections:
  1 13    NEW SUBSECTION.  1A.  "Check" means a paper instrument used
  1 14 for ordering, instructing, or authorizing a financial
  1 15 institution to make payment or credit a presenter's account
  1 16 and debit the issuer's account.  "Check" includes instruments
  1 17 commonly referred to as a check, draft, share draft, or other
  1 18 negotiable instrument for the payment of money.  An instrument
  1 19 may be a check even though it is described on its face by
  1 20 another term, such as "money order".
  1 21    NEW SUBSECTION.  4A.  "Electronic funds transfer" means a
  1 22 remote electronic transmission used for ordering, instructing,
  1 23 or authorizing a financial institution to pay money to or
  1 24 credit the account of the payee and debit the account of the
  1 25 payer.  The remote electronic transmission may be initiated by
  1 26 telephone, terminal, computer, or similar device.
  1 27    NEW SUBSECTION.  8A.  "Person" means the same as defined in
  1 28 section 4.1 and includes a business association as defined in
  1 29 section 9H.1 or joint or common venture regardless of whether
  1 30 it is organized under a chapter of the Code.
  1 31    Sec. 2.  Section 203.1, subsection 6, paragraph a, Code
  1 32 2003, is amended to read as follows:
  1 33    a.  The making of a payment by use of a financial
  1 34 instrument which is a check, share draft, draft, or written
  1 35 order on a financial institution or electronic funds transfer,
  2  1 and a financial institution refuses payment on the instrument
  2  2 because of insufficient funds moneys in a grain dealer's
  2  3 account.
  2  4    Sec. 3.  Section 203.4, Code 2003, is amended to read as
  2  5 follows:
  2  6    203.4  PARTICIPATION IN INDEMNITY FUND REQUIRED.
  2  7    A person grain dealer licensed or required to be licensed
  2  8 to operate as a grain dealer under this chapter pursuant to
  2  9 section 203.3 shall participate in and comply with the grain
  2 10 depositors and sellers indemnity fund provided in chapter
  2 11 203D.
  2 12    Sec. 4.  Section 203.8, Code 2003, is amended to read as
  2 13 follows:
  2 14    203.8  PAYMENT.
  2 15    1.  a.  A person grain dealer licensed or required to be
  2 16 licensed as a grain dealer pursuant to section 203.3 shall pay
  2 17 the purchase price to the owner or the owner's agent seller
  2 18 for grain upon delivery or demand of by the owner or agent
  2 19 seller, but not later than thirty days after delivery by the
  2 20 owner or agent seller unless in accordance with the terms of a
  2 21 credit-sale contract that satisfies the requirements of this
  2 22 chapter.  The department shall adopt rules for payment by
  2 23 check and electronic funds transfer.
  2 24    b.  A grain dealer licensed or required to be licensed
  2 25 pursuant to section 203.3 shall not hold a check for the
  2 26 purchase of grain more than five days after the grain dealer
  2 27 issues a check to the seller.  After that date, the grain
  2 28 dealer shall deliver the check in person or by mail to the
  2 29 seller's last known address.
  2 30    2.  As used in this section, "delivery":
  2 31    a.  "Delivery" means the transfer of title to and
  2 32 possession of grain by the a seller to the a grain dealer or
  2 33 to another person in accordance with the agreement of the
  2 34 seller and the grain dealer; and "payment".
  2 35    b.  "Payment" means the actual payment or tender of payment
  3  1 by the a grain dealer to the a seller of the agreed purchase
  3  2 price, or in the case of disputes as to sales of grain, the
  3  3 undisputed portion of the purchase price without reduction for
  3  4 any separate claim of the grain dealer against the seller.
  3  5    Sec. 5.  Section 203.9, Code 2003, is amended to read as
  3  6 follows:
  3  7    203.9  INSPECTION OF PREMISES, BOOKS AND RECORDS –
  3  8 RECONSTRUCTION OF RECORDS.
  3  9    1.  The department may inspect the premises used by any
  3 10 grain dealer in the conduct of the dealer's business at any
  3 11 time, and the.  The department may inspect a grain dealer's
  3 12 books, accounts, records, and papers of every grain dealer
  3 13 which that pertain to grain purchases are subject to
  3 14 inspection by the department transactions during ordinary
  3 15 business hours.  The department shall cause the business
  3 16 premises and books, accounts, inspect a grain dealer's
  3 17 records, and papers of every grain dealer to be inspected at
  3 18 least once each eighteen-month period without justification.
  3 19 The department shall prioritize inspections based on the
  3 20 system provided in section 203.22.  The department may use a
  3 21 risk rating produced by a statistical model provided in
  3 22 section 203.22 as justification to conduct an inspection.  The
  3 23 A transporter of grain in transit shall possess bills of
  3 24 lading or other documents covering the grain, and shall
  3 25 present them to any law enforcement officer or to a person
  3 26 designated as an enforcement officer under section 203.13 on
  3 27 demand.  If there is justification to believe that a person
  3 28 grain dealer is engaged without a license in the business of a
  3 29 grain dealer in this state as required pursuant to section
  3 30 203.3, the department may inspect the books, papers, and grain
  3 31 dealer's records of the person which pertain to grain
  3 32 purchases transactions at any time.
  3 33    2.  If the a grain dealer does not maintain a place of
  3 34 business in this state, the department is not required to
  3 35 inspect the business premises of the grain dealer, and the
  4  1 grain dealer's records.  A grain dealer shall submit all
  4  2 books, the grain dealer's records and papers relating to grain
  4  3 transactions occurring within this state to the department for
  4  4 purposes of an inspection required or permitted under as
  4  5 provided in this section at any reasonable time and place,
  4  6 including the offices of the department during regular
  4  7 business hours, as ordered by the department or the
  4  8 administrator of the warehouse bureau.
  4  9    3.  A grain dealer shall keep complete and accurate
  4 10 records.  A grain dealer shall keep records for the previous
  4 11 six years.  If the grain dealer's records are incomplete or
  4 12 inaccurate, the department may reconstruct the grain dealer's
  4 13 records in order to determine whether the grain dealer is in
  4 14 compliance with the provisions of this chapter.  The
  4 15 department may charge the grain dealer the actual cost for
  4 16 reconstructing the grain dealer's records, which shall be
  4 17 considered repayment receipts as defined in section 8.2.
  4 18    Sec. 6.  Section 203.10, Code 2003, is amended by striking
  4 19 the section and inserting in lieu thereof the following:
  4 20    203.10  SUSPENSION OR REVOCATION OF LICENSE.
  4 21    The department may issue an order to suspend or revoke the
  4 22 license of a grain dealer who violates a provision of this
  4 23 chapter, including a rule adopted under this chapter, as
  4 24 provided in chapter 17A.  If a grain dealer fails to consent
  4 25 to a departmental inspection or cooperate with the department
  4 26 during an inspection as provided in section 203.9, the
  4 27 department may issue an order to immediately suspend or revoke
  4 28 the grain dealer's license pursuant to section 17A.18.
  4 29    Sec. 7.  Section 203.11, subsection 2, Code 2003, is
  4 30 amended to read as follows:
  4 31    2.  a.  A Except as provided in paragraph "b", a person who
  4 32 engages commits a serious misdemeanor if the person does any
  4 33 of the following:
  4 34    (1)  Engages in business as a grain dealer without
  4 35 obtaining a license, or who refuses to permit as required in
  5  1 section 203.3.
  5  2    (2)  Obstructs an inspection of licensed the person's
  5  3 business premises, or books, accounts, or records, or other
  5  4 documents required to be kept by this chapter, or who uses a
  5  5 grain dealer pursuant to section 203.9.
  5  6    (3)  Uses a scale ticket, or credit-sale contract that
  5  7 fails to satisfy requirements established by the department
  5  8 commits a serious misdemeanor, except that a in violation of
  5  9 this chapter or a requirement established by the department
  5 10 under this chapter.
  5 11    b.  A person who commits any of these offenses an offense
  5 12 specified in paragraph "a" after having been found guilty of
  5 13 the same offense commits an aggravated misdemeanor.
  5 14    Sec. 8.  Section 203.15, subsections 1 through 4, Code
  5 15 2003, are amended to read as follows:
  5 16    1.  A grain dealer shall not purchase grain by a credit-
  5 17 sale contract except as provided in this section.
  5 18    1.  The grain dealer shall be licensed pursuant to section
  5 19 203.3.  All of the following shall apply to a grain dealer
  5 20 required to be licensed under that section who purchases grain
  5 21 by credit-sale contract:
  5 22    2. a.  A The grain dealer shall give written notice to the
  5 23 department prior to engaging in the purchase of grain by
  5 24 credit-sale contracts contract.  Notice shall be on forms
  5 25 provided by the department.  The notice shall contain
  5 26 information required by the department.
  5 27    3. b.  All credit-sale contract forms in the possession of
  5 28 a the grain dealer shall have been permanently and
  5 29 consecutively numbered at the time of printing of the forms.
  5 30 A The grain dealer shall maintain an accurate record of all
  5 31 credit-sale contract forms and numbers obtained by that
  5 32 dealer.  The record shall include the disposition of each
  5 33 numbered form, whether by execution, destruction, or
  5 34 otherwise.
  5 35    4. c.  A The grain dealer who purchases grain by credit-
  6  1 sale contracts contract shall maintain books, records, and
  6  2 other documents as required by the department to establish in
  6  3 compliance with this section.
  6  4    Sec. 9.  Section 203.15, subsection 6, Code 2003, is
  6  5 amended to read as follows:
  6  6    6.  Title to all grain sold by a credit-sale contract is in
  6  7 the purchasing grain dealer as of the time the contract is
  6  8 executed, unless the contract provides otherwise.  The
  6  9 contract must be signed and dated by both parties and executed
  6 10 in duplicate.  One copy shall be retained by the grain dealer
  6 11 and one copy shall be delivered to the seller.  Upon
  6 12 revocation, termination, or cancellation of a the grain dealer
  6 13 dealer's license, the payment date for all credit-sale
  6 14 contracts shall be advanced to a date not later than thirty
  6 15 days after the effective date of the revocation, termination,
  6 16 or cancellation, and the purchase price for all unpriced grain
  6 17 shall be determined as of the effective date of revocation,
  6 18 termination, or cancellation in accordance with all other
  6 19 provisions of the contract.  However, if the business of the
  6 20 grain dealer is sold to another licensed grain dealer, credit-
  6 21 sale contracts may be assigned to the purchaser of the
  6 22 business.
  6 23    Sec. 10.  Section 203.15, subsection 8, paragraph f, Code
  6 24 2003, is amended to read as follows:
  6 25    f.  The grain dealer has made payment by use of a financial
  6 26 instrument which is a check, share draft, draft, or written
  6 27 order on a financial institution or electronic funds transfer,
  6 28 and a financial institution refuses payment on the instrument
  6 29 because of insufficient funds in a grain dealer's account.
  6 30    Sec. 11.  Section 203.15, subsection 9, Code 2003, is
  6 31 amended to read as follows:
  6 32    9.  A licensed grain dealer who purchases grain by credit-
  6 33 sale contract shall obtain from the seller a signed
  6 34 acknowledgment stating that the seller has received notice
  6 35 that grain purchased by credit-sale contract is not protected
  7  1 by the grain depositors and sellers indemnity fund.  The form
  7  2 for the acknowledgment shall be prescribed by the department,
  7  3 and the licensed grain dealer and the seller shall each be
  7  4 provided a copy.
  7  5    Sec. 12.  Section 203.17, subsection 2, Code 2003, is
  7  6 amended by striking the subsection.
  7  7    Sec. 13.  Section 203C.1, subsection 2, Code 2003, is
  7  8 amended to read as follows:
  7  9    2.  "Bond" means a bond issued by a surety company or an
  7 10 irrevocable letter of credit issued by a financial institution
  7 11 described in subsection 25.
  7 12    Sec. 14.  Section 203C.1, Code 2003, is amended by adding
  7 13 the following new subsections:
  7 14    NEW SUBSECTION.  3A.  "Check" means the same as defined in
  7 15 section 203.1.
  7 16    NEW SUBSECTION.  6A.  "Electronic funds transfer" means the
  7 17 same as defined in section 203.1.
  7 18    Sec. 15.  Section 203C.1, subsection 7A, paragraph a, Code
  7 19 2003, is amended to read as follows:
  7 20    a.  The making of a payment by use of a financial
  7 21 instrument which is a check, share draft, draft, or written
  7 22 order on a financial institution or electronic funds transfer,
  7 23 and a financial institution refuses payment on the instrument
  7 24 because of insufficient funds in the warehouse operator's
  7 25 account.
  7 26    Sec. 16.  Section 203C.1, subsection 18, Code 2003, is
  7 27 amended by striking the subsection and inserting in lieu
  7 28 thereof the following:
  7 29    18.  "Person" means the same as defined in section 4.1 and
  7 30 includes a business association as defined in section 9H.1 or
  7 31 a joint or common venture regardless of whether it is
  7 32 organized under a chapter of the Code.
  7 33    Sec. 17.  Section 203C.2, Code 2003, is amended to read as
  7 34 follows:
  7 35    203C.2  DUTIES AND POWERS OF THE DEPARTMENT – OPERATOR
  8  1 RECORDKEEPING.
  8  2    1.  The department shall administer this chapter and may
  8  3 exercise general supervision over the storage, warehousing,
  8  4 classifying according to grade or otherwise, weighing, and
  8  5 certification of agricultural products.
  8  6    2.  The department may inspect or cause to be inspected any
  8  7 warehouse including warehouse records as provided in this
  8  8 section.  Inspections may be made at times and for purposes as
  8  9 the department determines.  Except as provided in section
  8 10 203C.6, the department shall cause inspect every licensed
  8 11 warehouse and its contents to be inspected once in every
  8 12 twelve-month period twelve months.  The department shall
  8 13 prioritize inspections based on the system provided in section
  8 14 203C.40.  The department may require the filing of reports
  8 15 relating to a warehouse or its operation.
  8 16    a.  A licensed warehouse operator operating a licensed
  8 17 warehouse shall provide for complete and correct
  8 18 recordkeeping.  The records shall account for the storage and
  8 19 withdrawal of all agricultural products handled in each
  8 20 warehouse which the warehouse operator is licensed to operate.
  8 21 The records shall include all original and duplicate receipts
  8 22 issued by, returned to, and canceled by the warehouse
  8 23 operator.  A licensed warehouse operator shall keep records
  8 24 for the previous six years.  If the licensed warehouse
  8 25 operator's records are incomplete or inaccurate, the
  8 26 department may reconstruct the warehouse operator's records in
  8 27 order to determine whether the warehouse operator is in
  8 28 compliance with the provisions of this chapter.  The
  8 29 department may charge the licensed warehouse operator the
  8 30 actual cost for reconstructing the warehouse operator's
  8 31 records.
  8 32    b.  If upon inspection of a warehouse a deficiency is found
  8 33 to exist as to the quantity or quality of agricultural
  8 34 products stored, as indicated on the warehouse operator's
  8 35 books and records according to official grain standards, the
  9  1 department may require an employee of the department to remain
  9  2 at the licensed warehouse and supervise all operations
  9  3 involving agricultural products stored there under this
  9  4 chapter until the deficiency is corrected.  The charge for the
  9  5 cost of maintaining an employee of the department at a
  9  6 warehouse to supervise the correction of a deficiency is one
  9  7 hundred fifty dollars per day.
  9  8    3.  The department may make available to the United States
  9  9 government, or any of its agencies, including the commodity
  9 10 credit corporation, the results of inspections made and
  9 11 inspection reports submitted to it by employees of the
  9 12 department, upon payment to it of charges as determined by the
  9 13 department, but the charges shall not be less than the actual
  9 14 cost of services rendered, as determined by the department.
  9 15 The department may enter into contracts and agreements for
  9 16 such purpose and shall keep a record of all money thus
  9 17 received.  All such money shall be paid over to the treasurer
  9 18 of state as miscellaneous receipts.
  9 19    4.  The department may classify any warehouse in accordance
  9 20 with its suitability for the storage of agricultural products
  9 21 and shall specify in any license issued for the operation of a
  9 22 warehouse the only type or types and the quantity of
  9 23 agricultural products which may be stored in the warehouse.
  9 24 The department may prescribe, within the limitations of this
  9 25 chapter, the duties of licensed warehouse operators with
  9 26 respect to the care of and responsibility for the contents of
  9 27 licensed warehouses.  Grain grades shall be determined under
  9 28 the official grain standards.  The department may from time to
  9 29 time publish data in connection with the administration of
  9 30 this chapter as may be of public interest.  The department
  9 31 shall administer this chapter.
  9 32    5.  Moneys received by the department in administering this
  9 33 section shall be considered repayment receipts as defined in
  9 34 section 8.2.
  9 35    Sec. 18.  Section 203C.10, Code 2003, is amended by
 10  1 striking the section and inserting in lieu thereof the
 10  2 following:
 10  3    203C.10  SUSPENSION OR REVOCATION OF LICENSE.
 10  4    The department may issue an order to suspend or revoke the
 10  5 license of a warehouse operator who violates a provision of
 10  6 this chapter, including a rule adopted under this chapter, as
 10  7 provided in chapter 17A.  If a warehouse operator fails to
 10  8 consent to a departmental inspection during an inspection as
 10  9 provided in section 203C.2, the department may issue an order
 10 10 to immediately suspend or revoke the grain dealer's license
 10 11 pursuant to section 17A.18.
 10 12    Sec. 19.  Section 203C.36, subsections 1 and 2, Code 2003,
 10 13 are amended to read as follows:
 10 14    1.  A person who knowingly withholds information from or
 10 15 knowingly submits false information to the department or any
 10 16 of its employees in a document or a book, account, or record
 10 17 required to be submitted or maintained or submitted to the
 10 18 department under this chapter commits a fraudulent practice as
 10 19 provided in chapter 714.
 10 20    2.  a.  A Except as provided in paragraph "b", a person who
 10 21 engages commits a serious misdemeanor if the person does any
 10 22 of the following:
 10 23    (1)  Engages in business as a warehouse operator without
 10 24 obtaining a license, or who refuses to permit as required in
 10 25 section 203C.6.
 10 26    (2)  Obstructs the inspection of licensed the person's
 10 27 business premises, or books, accounts, or records or other
 10 28 documents required to be kept by this chapter, or who uses a
 10 29 licensed warehouse operator pursuant to section 203C.2.
 10 30    (3)  Uses a scale ticket, warehouse receipt, or other
 10 31 document which fails to satisfy requirements established by
 10 32 the department commits a serious misdemeanor, except that a in
 10 33 violation of this chapter or requirements established by the
 10 34 department under this chapter.
 10 35    b.  A person who commits any of these offenses an offense
 11  1 specified in paragraph "a" after having been found guilty of
 11  2 the same offense commits an aggravated misdemeanor.
 11  3    Sec. 20.  Section 203C.39, subsection 3, Code 2003, is
 11  4 amended to read as follows:
 11  5    3.  A licensed warehouse operator shall not accept may
 11  6 transfer grain for storage from to another licensed warehouse
 11  7 operator while such the warehouse operator receiving such
 11  8 grain has grain stored elsewhere under the provisions of this
 11  9 section.
 11 10    Sec. 21.  Section 203.13, Code 2003, is repealed.
 11 11    Sec. 22.  Section 203C.35, Code 2003, is repealed.  
 11 12                           DIVISION II
 11 13     ELIMINATION OF REGULATIONS FOR GRAIN BARGAINING AGENTS
 11 14    Sec. 23.  Section 159.6, subsection 12, Code 2003, is
 11 15 amended by striking the subsection.
 11 16    Sec. 24.  Section 189.1, unnumbered paragraph 1, Code 2003,
 11 17 is amended to read as follows:
 11 18    For the purpose of this subtitle, excluding chapters 203,
 11 19 203A, 203C, 203D, 207, and 208, unless the context otherwise
 11 20 requires:
 11 21    Sec. 25.  Section 189.1, subsections 1 and 6, Code 2003,
 11 22 are amended to read as follows:
 11 23    1.  "Article" includes food, commercial feed, agricultural
 11 24 seed, commercial fertilizer, drug, insecticide, fungicide,
 11 25 paint, linseed oil, turpentine, and illuminating oil, in the
 11 26 sense in which they are defined in the various provisions of
 11 27 this subtitle, excluding chapters 203, 203A, 203C, 203D, 207,
 11 28 and 208.
 11 29    6.  "Person" includes a corporation, company, firm,
 11 30 society, or association; and the act, omission, or conduct of
 11 31 any officer, agent, or other person acting in a representative
 11 32 capacity shall be imputed to the organization or person
 11 33 represented, and the person acting in that capacity shall also
 11 34 be liable for violations of this subtitle, excluding chapters
 11 35 203, 203A, 203C, 203D, 207, and 208.
 12  1    Sec. 26.  Section 189.2, subsections 2 through 4, Code
 12  2 2003, are amended to read as follows:
 12  3    2.  Make and publish all necessary rules, not inconsistent
 12  4 with law, for enforcing the provisions of this subtitle,
 12  5 excluding chapters 203, 203A, 203C, 203D, 207, and 208.
 12  6    3.  Provide educational measures and exhibits, and conduct
 12  7 educational campaigns as are deemed advisable in fostering and
 12  8 promoting the production and sale of the articles dealt with
 12  9 in this subtitle, excluding chapters 203, 203A, 203C, 203D,
 12 10 207, and 208, in accordance with the rules adopted pursuant to
 12 11 this subtitle.
 12 12    4.  Issue from time to time, bulletins showing the results
 12 13 of inspections, analyses, and prosecutions under this
 12 14 subtitle, excluding chapters 203, 203A, 203C, 203D, 207, and
 12 15 208.  These bulletins shall be printed in such numbers as may
 12 16 be approved by the state printing administrator and shall be
 12 17 distributed to the newspapers of the state and to all
 12 18 interested persons.
 12 19    Sec. 27.  Section 189.3, Code 2003, is amended to read as
 12 20 follows:
 12 21    189.3  PROCURING SAMPLES.
 12 22    The department shall, for the purpose of examination or
 12 23 analysis, procure from time to time, or whenever the
 12 24 department has occasion to believe any of the provisions of
 12 25 this subtitle, excluding chapters 203, 203A, 203C, 203D, 207,
 12 26 and 208, are being violated, samples of the articles dealt
 12 27 with in these provisions which have been shipped into this
 12 28 state, offered or exposed for sale, or sold in the state.
 12 29    Sec. 28.  Section 189.4, Code 2003, is amended to read as
 12 30 follows:
 12 31    189.4  ACCESS TO FACTORIES AND BUILDINGS.
 12 32    The department shall have full access to all places,
 12 33 factories, buildings, stands, or premises, and to all wagons,
 12 34 auto trucks, vehicles, or cars used in the preparation,
 12 35 production, distribution, transportation, offering or exposing
 13  1 for sale, or sale of any article dealt with in this subtitle,
 13  2 excluding chapters 203, 203A, 203C, 203D, 207, and 208.
 13  3    Sec. 29.  Section 189.5, Code 2003, is amended to read as
 13  4 follows:
 13  5    189.5  DEALER TO FURNISH SAMPLES.
 13  6    Upon request and tender of the selling price by the
 13  7 department any person who prepares, manufactures, offers or
 13  8 exposes for sale, or delivers to a purchaser any article dealt
 13  9 with in this subtitle, excluding chapters 203, 203A, 203C,
 13 10 203D, 207, and 208, shall furnish, within business hours, a
 13 11 sample of the same, sufficient in quantity for a proper
 13 12 analysis or examination as shall be provided by the rules of
 13 13 the department.
 13 14    Sec. 30.  Section 189.6, Code 2003, is amended to read as
 13 15 follows:
 13 16    189.6  TAKING OF SAMPLES.
 13 17    The department may, without the consent of the owner,
 13 18 examine or open any package containing, or believed to
 13 19 contain, any article or product which it suspects may be
 13 20 prepared, manufactured, offered, or exposed for sale, sold, or
 13 21 held in possession in violation of the provisions of this
 13 22 subtitle, excluding chapters 203, 203A, 203C, 203D, 207, and
 13 23 208, in order to secure a sample for analysis or examination,
 13 24 and the sample and damage to container shall be paid for at
 13 25 the current market price out of the contingent fund of the
 13 26 department.
 13 27    Sec. 31.  Section 189.8, Code 2003, is amended to read as
 13 28 follows:
 13 29    189.8  WITNESSES.
 13 30    In the enforcement of the provisions of this subtitle,
 13 31 excluding chapters 203, 203A, 203C, 203D, 207, and 208, the
 13 32 department shall have power to issue subpoenas for witnesses,
 13 33 enforce their attendance, and examine them under oath.  The
 13 34 witnesses shall be allowed the same fees as witnesses in
 13 35 district court.  The fees shall be paid out of the contingent
 14  1 fund of the department.
 14  2    Sec. 32.  Section 189.9, unnumbered paragraph 1, Code 2003,
 14  3 is amended to read as follows:
 14  4    All articles in package or wrapped form which are required
 14  5 by this subtitle, excluding chapters 203, 203A, 203C, 203D,
 14  6 207, and 208, to be labeled, unless otherwise provided, shall
 14  7 be conspicuously marked in the English language in legible
 14  8 letters of not less than eight point heavy gothic caps on the
 14  9 principal label with the following items:
 14 10    Sec. 33.  Section 189.13, Code 2003, is amended to read as
 14 11 follows:
 14 12    189.13  FALSE LABELS – DEFACEMENT.
 14 13    A person shall not use any label required by this subtitle,
 14 14 excluding chapters 203, 203A, 203C, 203D, 207, and 208, which
 14 15 bears any representations of any kind which are deceptive as
 14 16 to the true character of the article or the place of its
 14 17 production, or which has been carelessly printed or marked,
 14 18 nor shall any person erase or deface any label required by
 14 19 this subtitle, excluding chapters 203, 203A, 203C, 203D, 207,
 14 20 and 208.
 14 21    Sec. 34.  Section 189.14, subsection 1, Code 2003, is
 14 22 amended to read as follows:
 14 23    1.  A person shall not knowingly introduce into this state,
 14 24 solicit orders for, deliver, transport, or have in possession
 14 25 with intent to sell, any article which is labeled in any other
 14 26 manner than that prescribed by this subtitle, excluding
 14 27 chapters 203, 203A, 203C, 203D, 207, and 208, for the label of
 14 28 the article when offered or exposed for sale, or sold in
 14 29 package or wrapped form in this state.
 14 30    Sec. 35.  Section 189.15, Code 2003, is amended to read as
 14 31 follows:
 14 32    189.15  ADULTERATED ARTICLES.
 14 33    A person shall not knowingly manufacture, introduce into
 14 34 the state, solicit orders for, sell, deliver, transport, have
 14 35 in possession with the intent to sell, or offer or expose for
 15  1 sale, any article which is adulterated according to the
 15  2 provisions of this subtitle, excluding chapters 203, 203A,
 15  3 203C, 203D, 207, and 208.
 15  4    Sec. 36.  Section 189.16, subsection 2, paragraph a, Code
 15  5 2003, is amended to read as follows:
 15  6    a.  Grain by a person regulated under chapter 203, 203A,
 15  7 203C, or 203D.
 15  8    Sec. 37.  Section 189.19, unnumbered paragraph 1, Code
 15  9 2003, is amended to read as follows:
 15 10    The following provisions apply to all licenses issued or
 15 11 authorized under this subtitle, excluding chapters 203, 203A,
 15 12 203C, 203D, 207, and 208:
 15 13    Sec. 38.  Section 189.19, subsection 2, Code 2003, is
 15 14 amended to read as follows:
 15 15    2.  REFUSAL AND REVOCATION.  For good and sufficient
 15 16 grounds the department may refuse to grant a license to any
 15 17 applicant; and it may revoke a license for a violation of any
 15 18 provision of this subtitle, excluding chapters 203, 203A,
 15 19 203C, 203D, 207, and 208, or for the refusal or failure of any
 15 20 licensee to obey the lawful directions of the department.
 15 21    Sec. 39.  Section 189.20, Code 2003, is amended to read as
 15 22 follows:
 15 23    189.20  INJUNCTION.
 15 24    Any person engaging in any business for which a license is
 15 25 required by this subtitle, excluding chapters 203, 203A, 203C,
 15 26 203D, 207, and 208, without obtaining such license, may be
 15 27 restrained by injunction, and shall pay all costs made
 15 28 necessary by such procedure.
 15 29    Sec. 40.  Section 189.21, Code 2003, is amended to read as
 15 30 follows:
 15 31    189.21  PENALTY.
 15 32    Unless otherwise provided, any person violating any
 15 33 provision of this subtitle, excluding chapters 203, 203A,
 15 34 203C, 203D, 207, and 208, or any rule adopted by the
 15 35 department pursuant to such a provision, is guilty of a simple
 16  1 misdemeanor.
 16  2    Sec. 41.  Section 189.23, Code 2003, is amended to read as
 16  3 follows:
 16  4    189.23  COMMON CARRIER.
 16  5    The penalties provided in this subtitle, excluding chapters
 16  6 203, 203A, 203C, 203D, 207, and 208, shall not be imposed upon
 16  7 any common carrier for introducing into the state, or having
 16  8 in its possession, any article which is adulterated or
 16  9 improperly labeled according to the provisions of this
 16 10 subtitle, excluding chapters 203, 203A, 203C, 203D, 207, and
 16 11 208, when the same was received by the carrier for
 16 12 transportation in the ordinary course of its business and
 16 13 without actual knowledge of its true character.
 16 14    Sec. 42.  Section 189.24, Code 2003, is amended to read as
 16 15 follows:
 16 16    189.24  REPORT OF VIOLATIONS.
 16 17    When it appears that any of the provisions of this
 16 18 subtitle, excluding chapters 203, 203A, 203C, 203D, 207, and
 16 19 208, have been violated, the department shall at once certify
 16 20 the facts to the proper county attorney, with a copy of the
 16 21 results of any analysis, examination, or inspection the
 16 22 department may have made, duly authenticated by the proper
 16 23 person under oath, and with any additional evidence which may
 16 24 be in possession of the department.
 16 25    Sec. 43.  Section 189.28, Code 2003, is amended to read as
 16 26 follows:
 16 27    189.28  GOODS FOR SALE IN OTHER STATES.
 16 28    Any person may keep articles specifically set apart in the
 16 29 person's stock for sale in other states which do not comply
 16 30 with the provisions of this subtitle, excluding chapters 203,
 16 31 203A, 203C, 203D, 207, and 208, as to standards, purity, or
 16 32 labeling.
 16 33    Sec. 44.  Section 189.29, Code 2003, is amended to read as
 16 34 follows:
 16 35    189.29  REPORTS BY DEALERS.
 17  1    Every person who deals in or manufactures any of the
 17  2 articles dealt with in this subtitle, excluding chapters 203,
 17  3 203A, 203C, 203D, 207, and 208, shall make upon blanks
 17  4 furnished by the department such reports and furnish such
 17  5 statistics as may be required by the department and certify to
 17  6 the correctness of the same.
 17  7    Sec. 45.  Section 190.1, unnumbered paragraph 1, Code 2003,
 17  8 is amended to read as follows:
 17  9    For the purpose of this subtitle, except chapters 192, 203,
 17 10 203A, 203C, 203D, 207, and 208, the following definitions and
 17 11 standards of food are established:
 17 12    Sec. 46.  Section 203.1, subsection 8, paragraph h, Code
 17 13 2003, is amended by striking the paragraph.
 17 14    Sec. 47.  Section 203.5, unnumbered paragraph 2, Code 2003,
 17 15 is amended to read as follows:
 17 16    If an applicant has had a license under chapter 203, 203A,
 17 17 or 203C revoked for cause within the past three years, or has
 17 18 been convicted of a felony involving violations of chapter
 17 19 203, 203A, or 203C, or is owned or controlled by a person who
 17 20 has had a license so revoked or who has been so convicted, the
 17 21 department may deny a license to the applicant.
 17 22    Sec. 48.  Section 203C.6, subsection 7, Code 2003, is
 17 23 amended to read as follows:
 17 24    7.  If an applicant has had a license under chapter 203,
 17 25 203A or 203C revoked for cause within the past three years, or
 17 26 has been convicted of a felony involving violations of chapter
 17 27 203, 203A or 203C, or is owned or controlled by a person who
 17 28 has had a license so revoked or who has been so convicted, the
 17 29 department may deny a license to the applicant.
 17 30    Sec. 49.  Section 669.14, subsection 11, unnumbered
 17 31 paragraph 1, Code 2003, is amended to read as follows:
 17 32    Any claim for financial loss based upon an act or omission
 17 33 in financial regulation, including but not limited to
 17 34 examinations, inspections, audits, or other financial
 17 35 oversight responsibilities, pursuant to chapters 87, 203,
 18  1 203A, 203C, 203D, 421B, 486, 487, and 490 through 553,
 18  2 excluding chapters 540A, 542, 542B, 543B, 543C, 543D, 544A,
 18  3 and 544B.
 18  4    Sec. 50.  Chapter 203A, Code 2003, is repealed.  
 18  5 
 18  6 
 18  7                                                             
 18  8                               MARY E. KRAMER
 18  9                               President of the Senate
 18 10 
 18 11 
 18 12                                                             
 18 13                               CHRISTOPHER C. RANTS
 18 14                               Speaker of the House
 18 15 
 18 16    I hereby certify that this bill originated in the Senate and
 18 17 is known as Senate File 394, Eightieth General Assembly.
 18 18 
 18 19 
 18 20                                                             
 18 21                               MICHAEL E. MARSHALL
 18 22                               Secretary of the Senate
 18 23 Approved                , 2003
 18 24 
 18 25 
 18 26                                
 18 27 THOMAS J. VILSACK
 18 28 Governor
     
Text: SF00393                           Text: SF00395
Text: SF00300 - SF00399                 Text: SF Index
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