Text: SF02207 Text: SF02209 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2208 1 2 1 3 AN ACT 1 4 RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF 1 5 AGRICULTURE AND LAND STEWARDSHIP, AND MAKING PENALTIES 1 6 APPLICABLE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 DIVISION I 1 11 GENERAL AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND LAND 1 12 STEWARDSHIP 1 13 Section 1. Section 7A.4, subsection 2, Code 2003, is 1 14 amended by striking the subsection. 1 15 Sec. 2. Section 159.11, Code Supplement 2003, is repealed. 1 16 Sec. 3. Section 159.13, Code 2003, is repealed. 1 17 DIVISION II 1 18 AGRICULTURAL ENERGY MANAGEMENT FUND 1 19 Sec. 4. Section 159.6, subsection 10, Code Supplement 1 20 2003, is amended to read as follows: 1 21 10. Soil and water conservation as set forth in chapters 1 22 161A,161B,161C, 161E, and 161F. 1 23 Sec. 5. Section 455E.11, subsection 2, paragraph e, 1 24 subparagraph (7), Code Supplement 2003, is amended by striking 1 25 the subparagraph. 1 26 Sec. 6. Chapter 161B, Code 2003, is repealed. 1 27 DIVISION III 1 28 SECRETARY'S DESIGNEE AS A MEMBER 1 29 OF THE ECONOMIC DEVELOPMENT BOARD 1 30 Sec. 7. Section 15.103, unnumbered paragraph 1, Code 2003, 1 31 is amended to read as follows: 1 32 The Iowa economic development board is created, consisting 1 33 of eleven voting members appointed by the governor and seven 1 34 ex officio nonvoting members. The ex officio nonvoting 1 35 members are four legislative members; one president, or the 2 1 president's designee, of the University of Northern Iowa, the 2 2 University of Iowa, or Iowa State University of science and 2 3 technology designated by the state board of regents on a 2 4 rotating basis; and one president, or the president's 2 5 designee, of a private college or university appointed by the 2 6 Iowa association of independent colleges and universities; and 2 7 one superintendent, or the superintendent's designee, of a 2 8 community college, appointed by the Iowa association of 2 9 community college presidents. The legislative members are two 2 10 state senators, one appointed by the president of the senate, 2 11 after consultation with the majority leader of the senate, and 2 12 one appointed by the minority leader of the senate, after 2 13 consultation with the president of the senate, from their 2 14 respective parties; and two state representatives, one 2 15 appointed by the speaker and one appointed by the minority 2 16 leader of the house of representatives from their respective 2 17 parties. Not more than six of the voting members shall be 2 18 from the same political party. The secretary of agriculture 2 19 or the secretary's designee shall be one of the voting 2 20 members. The governor shall appoint the remaining ten voting 2 21 members of the board for a term of four years beginning and 2 22 ending as provided by section 69.19, subject to confirmation 2 23 by the senate, and the governor's appointments shall include 2 24 persons knowledgeable of the various elements of the 2 25 department's responsibilities. 2 26 DIVISION IV 2 27 COMMERCIAL FEED 2 28 Sec. 8. Section 198.3, Code 2003, is amended by adding the 2 29 following new subsection: 2 30 NEW SUBSECTION. 0A. "Advertise" means to present a 2 31 commercial message in any medium, including but not limited to 2 32 print, radio, television, sign, display, label, tag, or 2 33 articulation. 2 34 Sec. 9. Section 198.3, subsection 3, Code 2003, is amended 2 35 to read as follows: 3 1 3. "Commercial feed" means all materials or a combination 3 2 of materials which are distributed or intended for 3 3 distribution for use as feed or for mixing in feed, unless 3 4 such materials are specifically exempted.UnmixedExcept as 3 5 otherwise provided in this chapter, unmixed whole seeds and 3 6 physically altered entire unmixed seeds, when such whole or 3 7 physically altered seeds are not chemically changed or are not 3 8 adulterated within the meaning of section 198.7, subsection 1, 3 9 are exempt. The secretary by rule may exempt from this 3 10 definition, or from specific provisions of this chapter, 3 11 commodities such as hay, straw, stover, silage, cobs, husks, 3 12 hulls and individual chemical compounds or substances when 3 13 such commodities, compounds or substances are not intermixed 3 14 or mixed with other materials, and are not adulterated within 3 15 the meaning of section 198.7, subsection 1. 3 16 Sec. 10. Section 198.10, subsection 1, Code 2003, is 3 17 amended to read as follows: 3 18 1. The secretary may adopt rules for commercial feeds and 3 19 pet foods as specifically authorized in this chapter and other 3 20 reasonable rules necessary in order to carry out the purpose 3 21 and intent of this chapter or to secure the efficient 3 22 enforcement of this chapter. 3 23 1A. The secretary may adopt rules to do all of the 3 24 following: 3 25 a. Regulate the movement of cottonseed into this state or 3 26 within this state, even if the cottonseed would otherwise be 3 27 exempt as whole seed under section 198.3. The secretary may 3 28 adopt rules prescribing standards for cottonseed consistent 3 29 with regulations prescribing the quality and uses of 3 30 cottonseed as promulgated by the United States food and drug 3 31 administration. 3 32 b. Regulating the advertisement of commercial feed, 3 33 including but not limited to labeling commercial feed as 3 34 specifically provided in this chapter. 3 35 1B. In the interest of uniformity the secretary shall 4 1 adopt any rule based on regulations promulgated under the 4 2 authority of the federal Food, Drug, and Cosmetic Act, 21 4 3 U.S.C. } 301 et seq., provided the secretary has the authority 4 4 under this chapter to adopt the rule. However, the secretary 4 5 is not required to adopt such a rule, if the secretary 4 6 determines that the rule would be inconsistent with this 4 7 chapter or not appropriate to conditions which exist in this 4 8 state. 4 9 DIVISION V 4 10 ACCOUNTABLE GOVERNMENT ACT 4 11 Sec. 11. Section 8E.103, subsection 1, Code 2003, is 4 12 amended to read as follows: 4 13 1. "Agency" means a principal central department 4 14 enumerated in section 7E.5.ForHowever, for purposes of this 4 15 chapter,eachall of the following apply: 4 16 a. The department of agriculture and land stewardship is 4 17 not considered an agency. 4 18 b. Each division within the department of commerceshall4 19beis considered an agency, and each bureau within a division 4 20 of the department of commerceshall beis considered a 4 21 division, as otherwise provided in chapter 7E. 4 22 DIVISION VI 4 23 MILK REGULATION 4 24 Sec. 12. Section 192.101A, unnumbered paragraph 1, Code 4 25 Supplement 2003, is amended to read as follows: 4 26 As used in this chapter, all terms shall have the same 4 27 meaning as defined in the "Grade 'A' Pasteurized Milk 4 28Ordinance, 2001 Revision"Ordinance" as provided in section 4 29 192.102. However, notwithstanding the ordinance, the 4 30 following definitions shall apply: 4 31 Sec. 13. Section 192.102, Code Supplement 2003, is amended 4 32 to read as follows: 4 33 192.102 GRADE "A" PASTEURIZED MILK ORDINANCE. 4 34 The department shall adopt, by rule, the "Grade 'A' 4 35 Pasteurized Milk Ordinance,20012003 Revision", including a 5 1 subsequent revision of the ordinance. If the ordinance 5 2 specifies that compliance with a provision of the ordinance's 5 3 appendices is mandatory, the department shall also adopt that 5 4 provision. The department shall not amend the ordinance, 5 5 unless the department explains each amendment and reasons for 5 6 the amendment in the Iowa administrative bulletin when the 5 7 rules are required to be published pursuant to chapter 17A. 5 8 The department shall administer this chapter consistent with 5 9 the provisions of the ordinance. 5 10 Sec. 14. Section 192.110, subsection 1, Code Supplement 5 11 2003, is amended to read as follows: 5 12 1. The person has a pasteurized milk and milk products 5 13 sanitation compliance rating of ninety percent or more as 5 14 calculated according to the rating system as contained in the 5 15 federal public health service publications, "Procedures 5 16 Governing the Cooperative State-Public Health Service/Food and 5 17 Drug Administration Program for Certification of Interstate 5 18 Milk Shippers2001"2003" and "Method of Making Sanitation 5 19 Ratings of Milk Supplies,20012003 Revision". The applicable 5 20 provisions of these publications are incorporated into this 5 21 section by this reference. A copy of each publication shall 5 22 be on file with the department or in the office of the person 5 23 subject to an inspection contract as provided in section 5 24 192.108. 5 25 5 26 5 27 5 28 JEFFREY M. LAMBERTI 5 29 President of the Senate 5 30 5 31 5 32 5 33 CHRISTOPHER C. RANTS 5 34 Speaker of the House 5 35 6 1 I hereby certify that this bill originated in the Senate and 6 2 is known as Senate File 2208, Eightieth General Assembly. 6 3 6 4 6 5 6 6 MICHAEL E. MARSHALL 6 7 Secretary of the Senate 6 8 Approved , 2004 6 9 6 10 6 11 6 12 THOMAS J. VILSACK 6 13 Governor
Text: SF02207 Text: SF02209 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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