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Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 1145

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2         GENERAL POWERS AND DUTIES OF THE DEPARTMENT OF
  1  3                AGRICULTURE AND LAND STEWARDSHIP
  1  4    Section 1.  Section 159.1, Code 2003, is amended to read as
  1  5 follows:
  1  6    159.1  DEFINITIONS.
  1  7    For the purposes of subtitles 1 through 3 of this title,
  1  8 excluding chapters 161A through 161C this chapter, unless
  1  9 otherwise provided:
  1 10    1.  "Agricultural drainage well" means the same as defined
  1 11 in section 460.101.
  1 12    2.  "Agricultural drainage well area" means the same as
  1 13 defined in section 460.101.
  1 14    3.  "Department" means the department of agriculture and
  1 15 land stewardship and if the department is required or
  1 16 authorized to do an act, unless otherwise provided, the act
  1 17 may be performed by an officer, regular assistant, or duly
  1 18 authorized agent of the department as provided in section
  1 19 159.4.
  1 20    4.  "Designated agricultural drainage well area" means the
  1 21 same as defined in section 460.101.
  1 22    5.  "Person" includes an individual, a corporation,
  1 23 company, firm, society, or association; and the act, omission,
  1 24 or conduct of any officer, agent, or other person acting in a
  1 25 representative capacity shall be imputed to the organization
  1 26 or person represented, and the person acting in such capacity
  1 27 shall also be liable for violation of subtitles 1 through 3 of
  1 28 this title, excluding chapters 161A through 161C.
  1 29    6. 2.  "Secretary" means the secretary of agriculture as
  1 30 provided in section 159.4.
  1 31    Sec. 2.  Section 159.4, Code 2003, is amended to read as
  1 32 follows:
  1 33    159.4  LOCATION DEPARTMENT OF AGRICULTURE AND LAND
  1 34 STEWARDSHIP CREATED – SECRETARY OF AGRICULTURE – LOCATION.
  1 35    1.  A department of agriculture and land stewardship is
  2  1 created.  The department is headed by the secretary of
  2  2 agriculture.  The salary of the secretary of agriculture shall
  2  3 be as fixed by the general assembly.
  2  4    2.  The department shall carry out the objects for which
  2  5 the department is created and for the proper administration of
  2  6 programs and the enforcement of regulations as provided in
  2  7 this title.
  2  8    3.  The department of agriculture and land stewardship
  2  9 shall be located at the seat of government.
  2 10    Sec. 3.  NEW SECTION.  159.4A  IMPUTING RESPONSIBILITY.
  2 11    For the purposes of subtitles 1 through 3 of this title, an
  2 12 act, omission, or conduct of any officer, agent, or other
  2 13 person acting in a representative capacity shall be imputed to
  2 14 the organization or person represented, and the person acting
  2 15 in such capacity shall also be liable for a violation of
  2 16 subtitles 1 through 3 of this title.
  2 17    Sec. 4.  Section 159.5, Code 2003, is amended to read as
  2 18 follows:
  2 19    159.5  POWERS AND DUTIES ADMINISTRATIVE UNITS.
  2 20    The secretary of agriculture is the head of the department
  2 21 of agriculture and land stewardship which shall:
  2 22    1.  Carry out the objects for which the department is
  2 23 created and maintained.
  2 24    2.  Establish establish and maintain such administrative
  2 25 units consistent with the requirements of this title and
  2 26 chapter 7E, including but not limited to divisions and bureaus
  2 27 in the department as are necessary for the proper enforcement
  2 28 of the laws administered by it.  The department shall
  2 29 establish and maintain administrative units responsible for
  2 30 all of the following:
  2 31    3.  Consolidate the inspection service of the state in
  2 32 respect to the laws administered by the department so as to
  2 33 eliminate duplication of inspection insofar as practicable.
  2 34    4. 1.  Maintain a weather division which Weather
  2 35 information.  The administrative unit shall, in cooperation
  3  1 with the national weather service, collect and disseminate
  3  2 weather and phenological statistics and meteorological data,
  3  3 and promote knowledge of meteorology, phenology and
  3  4 climatology of the state.  The division administrative unit
  3  5 shall be headed by the state climatologist who shall be
  3  6 appointed by the secretary of agriculture, and shall be an
  3  7 officer of the national weather service, if one is detailed
  3  8 for that purpose by the federal government.
  3  9    5.  Establish volunteer Volunteer weather stations which
  3 10 shall be established in one or more places in each county,.
  3 11 The department shall appoint observers thereat, supervise such
  3 12 stations, receive reports of meteorological events, and
  3 13 tabulate the same for permanent record.
  3 14    6.  Issue weekly weather and crop bulletins from April 1 to
  3 15 October 1 of each year, and edit and cause to be published
  3 16 monthly weather reports, containing meteorological matter in
  3 17 its relationship to agriculture, transportation, commerce and
  3 18 the general public.
  3 19    7. 2.  Maintain a division of agricultural Agricultural
  3 20 statistics, which.  The administrative unit shall, in
  3 21 cooperation with the United States department of agriculture
  3 22 statistical reporting service, gather, compile, and publish
  3 23 statistical information concerning the condition and progress
  3 24 of crops, the production of crops, livestock, livestock
  3 25 products, poultry, and other such related agricultural
  3 26 statistics, as will generally promote knowledge of the
  3 27 agricultural industry in the state of Iowa.  The statistics,
  3 28 when published, constitute official agricultural statistics
  3 29 for the state of Iowa.  The division administrative unit is in
  3 30 the charge of an administrator, who shall be appointed by the
  3 31 secretary of agriculture and who shall be an officer of the
  3 32 United States department of agriculture statistical reporting
  3 33 service, if one is detailed for that purpose by the federal
  3 34 government.
  3 35    8. 3.  Establish and maintain a marketing Marketing news
  4  1 service division in the department which.  The administrative
  4  2 unit shall, in cooperation with the federal market news and
  4  3 grading division of the United States department of
  4  4 agriculture, collect and disseminate data and information
  4  5 relative to the market prices and conditions of agricultural
  4  6 products raised, produced, and handled in the state.  The
  4  7 division administrative unit is in the charge of an
  4  8 administrator, who shall be appointed by the secretary of
  4  9 agriculture and shall be an officer of the federal market news
  4 10 and grading division of the United States department of
  4 11 agriculture, if one is detailed for that purpose by the
  4 12 federal government.
  4 13    9.  Inspect and supervise all food producing or
  4 14 distributing establishments including the furniture, fixtures,
  4 15 utensils, machinery, and other equipment so as to prevent the
  4 16 production, preparation, packing, storage, or transportation
  4 17 of food in a manner detrimental to its character or quality.
  4 18    10.  Approve all methods of probing for foreign material
  4 19 content of any type of grain.
  4 20    11.  Establish, publish, and enforce rules not inconsistent
  4 21 with law for the enforcement of the provisions of subtitles 1
  4 22 through 3 of this title, excluding chapters 161A through 161C,
  4 23 and for the enforcement of the various laws, the
  4 24 administration and supervision of which are imposed upon the
  4 25 department.
  4 26    12. 4.  Establish and maintain a sheep Sheep and wool
  4 27 promotion division in the department which shall.  The
  4 28 administrative unit shall promote the consumption of lamb,
  4 29 mutton, and the use of wool, aid in the orderly marketing of
  4 30 sheep and wool, and conduct other activities which are
  4 31 beneficial to the sheep industry in Iowa.  The division is in
  4 32 the charge of an administrator, who shall be appointed by the
  4 33 secretary of agriculture.  Funds appropriated for the
  4 34 department of agriculture for state aid to the Iowa sheep
  4 35 association may be used together with other funds available
  5  1 for sheep promotion in establishing and maintaining the sheep
  5  2 promotion division, and the funds may be drawn and expended
  5  3 upon the order of the administrator with the approval of the
  5  4 secretary of agriculture administrative unit.
  5  5    13.  Establish a swine tuberculosis eradication program
  5  6 including, but not limited to:
  5  7    a.  The inspection of swine herds in this state when the
  5  8 department finds that an animal from a swine herd has, or is
  5  9 believed to have, tuberculosis;
  5 10    b.  Ear tagging or otherwise physically marking all swine
  5 11 reacting positively to tests for tuberculosis;
  5 12    c.  Condemning any swine which has tuberculosis;
  5 13    d.  Depopulating any swine herd where tuberculosis is found
  5 14 to be generally present; and
  5 15    e.  Compensate the owners of condemned swine as provided
  5 16 under section 165.18, following the general procedures for
  5 17 filing claims and paying indemnities as provided in chapter
  5 18 165.
  5 19    If the department finds that the source of the tuberculosis
  5 20 in a swine herd is from another species of animal, except
  5 21 bovine, located on or near the premises on which the affected
  5 22 swine herd is located, the department may destroy those
  5 23 animals and indemnify the owners of the condemned animals as
  5 24 provided in chapter 163.
  5 25    14. 5.  Establish and maintain a division of soil Soil
  5 26 conservation.  The division administrator of the
  5 27 administrative unit shall be appointed by the secretary from a
  5 28 list of names of persons recommended by the soil conservation
  5 29 committee, pursuant to section 161A.4, subsection 2, and.  The
  5 30 administrator shall serve at the pleasure of the secretary.
  5 31    15.  Establish an inspection and regulation program
  5 32 regarding water sold in sealed containers for human
  5 33 consumption.  As used in this subsection, "water sold in
  5 34 sealed containers for human consumption" includes ice sold in
  5 35 sealed containers and bottled water; "bottled water" means
  6  1 drinking water which is placed in sealed containers for the
  6  2 purpose of sale to the public for human consumption; and
  6  3 "drinking water" means water sold for drinking, culinary, or
  6  4 other purposes involving the likelihood of the water being
  6  5 ingested for human consumption but does not include distilled
  6  6 water, carbonated beverages, mineral water, or other beverages
  6  7 which contain water.  The program shall include, but is not
  6  8 limited to, all of the following:
  6  9    a.  Establish, modify, or repeal rules relating to
  6 10 standards for testing for the presence of chemicals in water
  6 11 sold in sealed containers for human consumption.  The
  6 12 standards for testing shall not be less stringent than the
  6 13 rules established for public drinking water supplies pursuant
  6 14 to chapter 455B.
  6 15    b.  Establish, modify, or repeal rules relating to drinking
  6 16 water standards for water sold in sealed containers for human
  6 17 consumption.  The standards shall establish the maximum
  6 18 permissible level of any physical, chemical, biological, or
  6 19 radiological substance in the water and shall be as stringent
  6 20 as those established under the federal Food and Drug Act.
  6 21    c.  Establish, modify, or repeal rules relating to the
  6 22 labeling of water sold in sealed containers for human
  6 23 consumption including, but not limited to, requirements that
  6 24 water sold in this state shall have the words "Meets all
  6 25 F.D.A. standards" printed clearly and conspicuously on its
  6 26 label.
  6 27    d.  Establish, modify, or repeal rules relating to the
  6 28 frequency with which facilities where water is placed in
  6 29 sealed containers, including but not limited to ice making and
  6 30 bottling facilities, are inspected and tested.  The frequency
  6 31 standard shall not be less stringent than the frequency
  6 32 standard for testing of public water supplies under chapter
  6 33 455B.
  6 34    e.  A requirement that all records pertaining to sampling
  6 35 and analysis of water sold in sealed containers for human
  7  1 consumption under this subsection shall be maintained at the
  7  2 bottling facility or if the water is bottled outside of the
  7  3 state at the distributor's facility.  The records shall be
  7  4 maintained for at least two years and shall be available upon
  7  5 request for review by officials of the department.
  7  6    f.  Provide that enforcement of this subsection shall be
  7  7 pursuant to chapter 189.
  7  8    g.  The provisions of paragraphs "a", "b", "c", and "e"
  7  9 shall not apply to ice produced from a public water supply as
  7 10 defined and regulated in chapter 455B.  Ice sold in sealed
  7 11 containers shall be labeled or tagged with the name and
  7 12 location of the ice maker and whether it is produced from a
  7 13 public water supply.  The department shall adopt rules
  7 14 relating to the packaging and handling of ice sold in sealed
  7 15 containers.
  7 16    16.  Establish and administer programs for the inspection
  7 17 and control of disease among livestock as defined in section
  7 18 717.1.
  7 19    Sec. 5.  NEW SECTION.  159.5A  RULEMAKING.
  7 20    Unless otherwise specifically provided, the department may
  7 21 adopt rules as provided in chapter 17A which are consistent
  7 22 with the responsibilities delegated to the department by
  7 23 statute in order to provide for the administration of programs
  7 24 and the enforcement of regulations.
  7 25    Sec. 6.  Section 159.6A, Code 2003, is amended to read as
  7 26 follows:
  7 27    159.6A  CONTRIBUTIONS.
  7 28    The department may accept contributions, including gifts
  7 29 and grants, in order to carry out and administer the
  7 30 provisions of this chapter and chapter 460, subchapter III.
  7 31 The department shall maintain an itemized accounting of the
  7 32 contributions.  At the end of each fiscal year, the department
  7 33 shall prepare a list recognizing private contributors.
  7 34    Sec. 7.  NEW SECTION.  159.12  WEATHER AND CROP BULLETINS.
  7 35    The department shall issue weekly weather and crop
  8  1 bulletins from April 1 to October 1 of each year, and edit and
  8  2 cause to be published monthly weather reports, containing
  8  3 meteorological matter in its relationship to agriculture,
  8  4 transportation, commerce, and the general public.
  8  5    Sec. 8.  NEW SECTION.  159.25  GRAIN MARKETING REGULATIONS.
  8  6    1.  The department shall approve all methods of probing for
  8  7 foreign material content of any type of grain.
  8  8    2.  The department shall not approve the use of end intake
  8  9 airprobes, which use a vacuum to collect a sample from a load
  8 10 of grain.  A person who uses a method of probing for foreign
  8 11 material content of grain which is not approved by the
  8 12 department is guilty of a simple misdemeanor.
  8 13    Sec. 9.  NEW SECTION.  159.41  DRINKING WATER REGULATION.
  8 14    The department shall establish an inspection and regulation
  8 15 program regarding water sold in sealed containers for human
  8 16 consumption.  As used in this section, "water sold in sealed
  8 17 containers for human consumption" includes ice sold in sealed
  8 18 containers and bottled water; "bottled water" means drinking
  8 19 water which is placed in sealed containers for the purpose of
  8 20 sale to the public for human consumption; and "drinking water"
  8 21 means water sold for drinking, culinary, or other purposes
  8 22 involving the likelihood of the water being ingested for human
  8 23 consumption, but does not include distilled water, carbonated
  8 24 beverages, mineral water, or other beverages which contain
  8 25 water.  The program shall include, but is not limited to, all
  8 26 of the following:
  8 27    1.  Establishing, modifying, or repealing rules relating to
  8 28 standards for testing for the presence of chemicals in water
  8 29 sold in sealed containers for human consumption.  The
  8 30 standards for testing shall not be less stringent than the
  8 31 rules established for public drinking water supplies pursuant
  8 32 to chapter 455B.
  8 33    2.  Establishing, modifying, or repealing rules relating to
  8 34 drinking water standards for water sold in sealed containers
  8 35 for human consumption.  The standards shall establish the
  9  1 maximum permissible level of any physical, chemical,
  9  2 biological, or radiological substance in the water and shall
  9  3 be as stringent as those established under the federal Food
  9  4 and Drug Act.
  9  5    3.  Establishing, modifying, or repealing rules relating to
  9  6 the labeling of water sold in sealed containers for human
  9  7 consumption including, but not limited to, requirements that
  9  8 water sold in this state shall have the words "Meets all
  9  9 F.D.A. standards" printed clearly and conspicuously on its
  9 10 label.
  9 11    4.  Establishing, modifying, or repealing rules relating to
  9 12 the frequency with which facilities where water is placed in
  9 13 sealed containers, including but not limited to ice making and
  9 14 bottling facilities, are inspected and tested.  The frequency
  9 15 standard shall not be less stringent than the frequency
  9 16 standard for testing of public water supplies under chapter
  9 17 455B.
  9 18    5.  A requirement that all records pertaining to sampling
  9 19 and analysis of water sold in sealed containers for human
  9 20 consumption under this section shall be maintained at the
  9 21 bottling facility or if the water is bottled outside of the
  9 22 state at the distributor's facility.  The records shall be
  9 23 maintained for at least two years and shall be available upon
  9 24 request for review by officials of the department.
  9 25    6.  Providing that enforcement of this section shall be
  9 26 pursuant to chapter 189.
  9 27    7.  The provisions of subsections 1, 2, 3, and 5 shall not
  9 28 apply to ice produced from a public water supply as defined
  9 29 and regulated in chapter 455B.  Ice sold in sealed containers
  9 30 shall be labeled or tagged with the name and location of the
  9 31 ice maker and whether it is produced from a public water
  9 32 supply.  The department shall adopt rules relating to the
  9 33 packaging and handling of ice sold in sealed containers.
  9 34    Sec. 10.  Section 161.2, Code 2003, is amended by adding
  9 35 the following new subsection:
 10  1    NEW SUBSECTION.  15A.  "Secretary" means the secretary of
 10  2 agriculture as provided in section 159.4.
 10  3    Sec. 11.  Section 161A.3, subsection 5, Code 2003, is
 10  4 amended to read as follows:
 10  5    5.  "Department" means the department of agriculture and
 10  6 land stewardship as created in section 159.4.
 10  7    Sec. 12.  Section 161A.3, Code 2003, is amended by adding
 10  8 the following new subsection:
 10  9    NEW SUBSECTION.  12A.  "Secretary" means the secretary of
 10 10 agriculture as provided in section 159.4.
 10 11    Sec. 13.  Section 162.2, Code 2003, is amended by adding
 10 12 the following new subsections:
 10 13    NEW SUBSECTION.  8A.  "Department" means the department of
 10 14 agriculture and land stewardship as created in section 159.4.
 10 15    NEW SUBSECTION.  16A.  "Secretary" means the secretary of
 10 16 agriculture as provided in section 159.4.
 10 17    Sec. 14.  Section 162.2, subsection 11, Code 2003, is
 10 18 amended by striking the subsection.
 10 19    Sec. 15.  NEW SECTION.  163.1A  DEFINITIONS.
 10 20    As used in this chapter, unless the context otherwise
 10 21 requires:
 10 22    1.  "Department" means the department of agriculture and
 10 23 land stewardship as created in section 159.4.
 10 24    2.  "Secretary" means the secretary of agriculture as
 10 25 provided in section 159.4.
 10 26    Sec. 16.  NEW SECTION.  163.59  SWINE TUBERCULOSIS
 10 27 ERADICATION PROGRAM.
 10 28    The department shall establish a swine tuberculosis
 10 29 eradication program including, but not limited to, all of the
 10 30 following:
 10 31    1.  Inspecting swine herds in this state when the
 10 32 department finds that an animal from a swine herd has, or is
 10 33 believed to have, tuberculosis.
 10 34    2.  Ear tagging or otherwise physically marking all swine
 10 35 reacting positively to tests for tuberculosis.
 11  1    3.  Condemning any swine which has tuberculosis.
 11  2    4.  Depopulating any swine herd where tuberculosis is found
 11  3 to be generally present.
 11  4    5.  Compensating the owners of condemned swine as provided
 11  5 under section 165.18, following the general procedures for
 11  6 filing claims and paying indemnities as provided in chapter
 11  7 165.
 11  8    If the department finds that the source of the tuberculosis
 11  9 in a swine herd is from another species of animal, except
 11 10 bovine, located on or near the premises on which the affected
 11 11 swine herd is located, the department may destroy those
 11 12 animals and indemnify the owners of the condemned animals as
 11 13 provided in this chapter.
 11 14    Sec. 17.  Section 163A.1, Code 2003, is amended by adding
 11 15 the following new subsection:
 11 16    NEW SUBSECTION.  3A.  "Department" means the department of
 11 17 agriculture and land stewardship as created in section 159.4.
 11 18    Sec. 18.  Section 164.1, Code 2003, is amended by adding
 11 19 the following new subsection:
 11 20    NEW SUBSECTION.  4A.  "Department" means the department of
 11 21 agriculture and land stewardship as created in section 159.4.
 11 22    Sec. 19.  NEW SECTION.  165.1A  DEFINITIONS.
 11 23    As used in this chapter, unless the context otherwise
 11 24 requires:
 11 25    1.  "Department" means the department of agriculture and
 11 26 land stewardship as created in section 159.4.
 11 27    2.  "Secretary" means the secretary of agriculture as
 11 28 provided in section 159.4.
 11 29    Sec. 20.  Section 165.18, subsection 1, paragraph d, Code
 11 30 2003, is amended to read as follows:
 11 31    d.  Indemnities as provided in section 159.5, subsection 13
 11 32 163.59, but only to the extent that the moneys in the fund are
 11 33 not required to pay expenses under chapter 163A, 164, or 165.
 11 34    Sec. 21.  Section 165A.1, subsection 2, Code 2003, is
 11 35 amended to read as follows:
 12  1    2.  "Department" means the department of agriculture and
 12  2 land stewardship as created in section 159.4.
 12  3    Sec. 22.  Section 166.1, Code 2003, is amended by adding
 12  4 the following new subsections:
 12  5    NEW SUBSECTION.  2A.  "Department" means the department of
 12  6 agriculture and land stewardship as created in section 159.4.
 12  7    NEW SUBSECTION.  5.  "Secretary" means the secretary of
 12  8 agriculture as provided in section 159.4.
 12  9    Sec. 23.  Section 166A.1, Code 2003, is amended by adding
 12 10 the following new subsection:
 12 11    NEW SUBSECTION.  5A.  "Department" means the department of
 12 12 agriculture and land stewardship as created in section 159.4.
 12 13    Sec. 24.  Section 166B.1, Code 2003, is amended by adding
 12 14 the following new subsection:
 12 15    NEW SUBSECTION.  0A.  "Department" means the department of
 12 16 agriculture and land stewardship as created in section 159.4.
 12 17    Sec. 25.  Section 166D.2, Code 2003, is amended by adding
 12 18 the following new subsections:
 12 19    NEW SUBSECTION.  8A.  "Department" means the department of
 12 20 agriculture and land stewardship as created in section 159.4.
 12 21    NEW SUBSECTION.  44A.  "Secretary" means the secretary of
 12 22 agriculture as provided in section 159.4.
 12 23    Sec. 26.  NEW SECTION.  167.1A  DEFINITION.
 12 24    As used in this chapter unless the context otherwise
 12 25 requires, "department" means the department of agriculture and
 12 26 land stewardship as created in section 159.4.
 12 27    Sec. 27.  Section 167.5, Code 2003, is amended to read as
 12 28 follows:
 12 29    167.5  INSPECTION OF PLACE.
 12 30    On receipt of such an application pursuant to section
 12 31 167.4, the secretary of agriculture or some person appointed
 12 32 by the secretary, department shall at once inspect the
 12 33 building in which the applicant proposes to conduct such the
 12 34 business of disposing of the bodies of dead animals.  If the
 12 35 inspector department finds that said the building complies
 13  1 with the requirements of this chapter, and with the rules of
 13  2 the department, and that the applicant is a responsible and
 13  3 suitable person, the inspector department shall so certify in
 13  4 writing to such specific findings, and forward the same to the
 13  5 department.
 13  6    Sec. 28.  Section 168.1, Code 2003, is amended by adding
 13  7 the following new subsection:
 13  8    NEW SUBSECTION.  1A.  "Department" means the department of
 13  9 agriculture and land stewardship as created in section 159.4.
 13 10    Sec. 29.  Section 168.7, Code 2003, is amended to read as
 13 11 follows:
 13 12    168.7  ADMINISTRATION OF CHAPTER.
 13 13    The secretary of agriculture shall be charged with
 13 14 administration and enforcement of department shall administer
 13 15 and enforce this chapter.
 13 16    Sec. 30.  Section 168.8, Code 2003, is amended to read as
 13 17 follows:
 13 18    168.8  PUNISHMENT.
 13 19    Any person, partnership, corporation, company, firm,
 13 20 society, or association A person who violates any provision of
 13 21 this chapter shall be is guilty of a simple misdemeanor.
 13 22    Sec. 31.  Section 169.3, Code 2003, is amended by adding
 13 23 the following new subsection:
 13 24    NEW SUBSECTION.  4A.  "Department" means the department of
 13 25 agriculture and land stewardship as created in section 159.4.
 13 26    Sec. 32.  Section 169.8, unnumbered paragraph 5, Code 2003,
 13 27 is amended to read as follows:
 13 28    The name, location, number of years of practice of the
 13 29 person to whom a license is issued, the number of the
 13 30 certificate, and the date of registration thereof shall be
 13 31 entered in a book kept in the office of the department of
 13 32 agriculture and land stewardship, to be known as the "registry
 13 33 book", and the same shall be open to public inspection.
 13 34    Sec. 33.  Section 169A.1, Code 2003, is amended by adding
 13 35 the following new subsections:
 14  1    NEW SUBSECTION.  4A.  "Department" means the department of
 14  2 agriculture and land stewardship as created in section 159.4.
 14  3    NEW SUBSECTION.  8.  "Secretary" means the secretary of
 14  4 agriculture as provided in section 159.4.
 14  5    Sec. 34.  Section 172A.1, subsection 4, Code 2003, is
 14  6 amended by striking the subsection and inserting in lieu
 14  7 thereof the following:
 14  8    4.  "Department" means the department of agriculture and
 14  9 land stewardship as created in section 159.4.
 14 10    Sec. 35.  Section 172A.1, Code 2003, is amended by adding
 14 11 the following new subsection:
 14 12    NEW SUBSECTION.  5.  "Secretary" means the secretary of
 14 13 agriculture as provided in section 159.4.
 14 14    Sec. 36.  Section 172B.1, Code 2003, is amended by adding
 14 15 the following new subsection:
 14 16    NEW SUBSECTION.  0A.  "Department" means the department of
 14 17 agriculture and land stewardship as created in section 159.4.
 14 18    Sec. 37.  Section 172B.1, subsection 5, Code 2003, is
 14 19 amended to read as follows:
 14 20    5.  "Transportation certificate" means the document
 14 21 specified in section 172B.3 and includes either the standard
 14 22 form prescribed by the secretary department, or a substitute
 14 23 document the use of which has been authorized by the secretary
 14 24 department.
 14 25    Sec. 38.  Section 172B.3, subsection 1, Code 2003, is
 14 26 amended to read as follows:
 14 27    1.  DUTIES OF SECRETARY THE DEPARTMENT.  The secretary
 14 28 department, pursuant to chapter 17A, shall prescribe a
 14 29 standard form of the transportation certificate required by
 14 30 this chapter.  Where the laws of this state or of the United
 14 31 States require the possession of another shipping document by
 14 32 a person transporting livestock, or where the industry
 14 33 practice of carriers requires the possession of a shipping
 14 34 document by a person transporting livestock, and where such a
 14 35 document contains all of the information other than signatures
 15  1 which is prescribed in subsection 2, upon application of a
 15  2 carrier the secretary department by rule shall authorize the
 15  3 use of a specific document in lieu of the standard form
 15  4 prescribed by the secretary department, but subject to any
 15  5 conditions the secretary department may impose.  A person who
 15  6 is in possession of a shipping document approved by the
 15  7 secretary department shall not be required to possess the
 15  8 standard form transportation certificate prescribed by the
 15  9 secretary department, but the person may be required by a law
 15 10 enforcement officer to execute the standard form
 15 11 transportation certificate.
 15 12    The form prescribed or authorized by the secretary
 15 13 department shall be executed in triplicate, and shall be
 15 14 retained as provided in section 172B.4.
 15 15    The secretary department shall distribute, upon request,
 15 16 copies of the prescribed standard form to veterinarians,
 15 17 marketing agencies, carriers, law enforcement officers, and
 15 18 other persons, and may collect a fee from the recipient
 15 19 totaling not more than the cost of printing and postage.
 15 20 Nothing in this chapter shall be construed to prohibit a
 15 21 person from causing the reproduction of the standard form, and
 15 22 an accurate reproduction of a standard current form may be
 15 23 used as a transportation certificate for all purposes.
 15 24    Sec. 39.  Section 172E.1, Code 2003, is amended by adding
 15 25 the following new subsection:
 15 26    NEW SUBSECTION.  1A.  "Department" means the department of
 15 27 agriculture and land stewardship as created in section 159.4.
 15 28    Sec. 40.  Section 175A.1, subsection 2, Code 2003, is
 15 29 amended to read as follows:
 15 30    2.  "Department" means the department of agriculture and
 15 31 land stewardship as created in section 159.4.
 15 32    Sec. 41.  Section 177A.2, subsection 2, Code 2003, is
 15 33 amended by adding the following new paragraphs:
 15 34    NEW PARAGRAPH.  aa.  "Department" means the department of
 15 35 agriculture and land stewardship as created in section 159.4.
 16  1    NEW PARAGRAPH.  d.  "Secretary" means the secretary of
 16  2 agriculture as provided in section 159.4.
 16  3    Sec. 42.  NEW SECTION.  178.1A  DEFINITION.
 16  4    As used in this chapter, unless the context otherwise
 16  5 requires, "department" means the department of agriculture and
 16  6 land stewardship as created in section 159.4.
 16  7    Sec. 43.  Section 179.1, Code 2003, is amended by adding
 16  8 the following new subsections:
 16  9    NEW SUBSECTION.  2A.  "Department" means the department of
 16 10 agriculture and land stewardship as created in section 159.4.
 16 11    NEW SUBSECTION.  10.  "Secretary" means the secretary of
 16 12 agriculture as provided in section 159.4.
 16 13    Sec. 44.  Section 181.1, Code 2003, is amended by adding
 16 14 the new subsection:
 16 15    NEW SUBSECTION.  5.  "Secretary" means the secretary of
 16 16 agriculture as provided in section 159.4.
 16 17    Sec. 45.  Section 182.1, subsection 4, Code 2003, is
 16 18 amended to read as follows:
 16 19    4.  "District" means an official crop reporting district
 16 20 formed by the United States department of agriculture and set
 16 21 out in the annual farm census published by the Iowa department
 16 22 of agriculture and land stewardship as created in section
 16 23 159.4.
 16 24    Sec. 46.  Section 182.1, Code 2003, is amended by adding
 16 25 the following new subsection:
 16 26    NEW SUBSECTION.  8A.  "Secretary" means the secretary of
 16 27 agriculture as provided in section 159.4.
 16 28    Sec. 47.  Section 183A.1, Code 2003, is amended by adding
 16 29 the following new subsection:
 16 30    NEW SUBSECTION.  10.  "Secretary" means the secretary of
 16 31 agriculture as provided in section 159.4.
 16 32    Sec. 48.  Section 184.1, Code 2003, is amended by adding
 16 33 the following new subsections:
 16 34    NEW SUBSECTION.  2A.  "Department" means the department of
 16 35 agriculture and land stewardship as created in section 159.4.
 17  1    NEW SUBSECTION.  11.  "Secretary" means the secretary of
 17  2 agriculture as provided in section 159.4.
 17  3    Sec. 49.  Section 184A.1, Code 2003, is amended by adding
 17  4 the following new subsections:
 17  5    NEW SUBSECTION.  2A.  "Department" means the department of
 17  6 agriculture and land stewardship as created in section 159.4.
 17  7    NEW SUBSECTION.  11.  "Secretary" means the secretary of
 17  8 agriculture as provided in section 159.4.
 17  9    Sec. 50.  Section 185.1, subsection 4, Code 2003, is
 17 10 amended to read as follows:
 17 11    4.  "District" means an official crop reporting district
 17 12 formed by the United States department of agriculture and set
 17 13 out in the annual farm census published by the Iowa department
 17 14 of agriculture and land stewardship as created in section
 17 15 159.4.
 17 16    Sec. 51.  Section 185.1, Code 2003, is amended by adding
 17 17 the following new subsection:
 17 18    NEW SUBSECTION.  12A.  "Secretary" means the secretary of
 17 19 agriculture as provided in section 159.4.
 17 20    Sec. 52.  Section 185C.1, subsection 5, Code 2003, is
 17 21 amended to read as follows:
 17 22    5.  "District" means an official crop reporting district
 17 23 formed by the United States department of agriculture and set
 17 24 out in the annual farm census published by the Iowa department
 17 25 of agriculture and land stewardship as created in section
 17 26 159.4.
 17 27    Sec. 53.  Section 185C.1, Code 2003, is amended by adding
 17 28 the following new subsection:
 17 29    NEW SUBSECTION.  14A.  "Secretary" means the secretary of
 17 30 agriculture as provided in section 159.4.
 17 31    Sec. 54.  NEW SECTION.  186.1A  DEFINITION.
 17 32    As used in this chapter, unless the context otherwise
 17 33 requires, "secretary" means the secretary of agriculture as
 17 34 provided in section 159.4.
 17 35    Sec. 55.  DIRECTIONS TO CODE EDITOR.
 18  1    1.  The Code editor shall transfer section 159.31 to
 18  2 section 159.26.
 18  3    2.  The Code editor shall eliminate captions in chapter 159
 18  4 that divide sections, if the sections have been repealed or
 18  5 are reserved.
 18  6    Sec. 56.  Sections 159.6, 159.7, 159.9, and 159.19, Code
 18  7 2003, are repealed.  
 18  8                           DIVISION II
 18  9                           BEEKEEPING
 18 10    Sec. 57.  Section 160.1, Code 2003, is amended to read as
 18 11 follows:
 18 12    160.1  APPOINTMENT BY SECRETARY OF AGRICULTURE.
 18 13    There is hereby created and established within the The
 18 14 department the may establish and maintain an office of state
 18 15 apiarist.  The state apiarist who shall be appointed by and be
 18 16 responsible to and under the authority of the secretary of
 18 17 agriculture in the issuance of all rules, the establishment of
 18 18 quarantines and other official acts.
 18 19    Sec. 58.  Section 160.1A, Code 2003, is amended by adding
 18 20 the following new subsections:
 18 21    NEW SUBSECTION.  3A.  "Department" means the department of
 18 22 agriculture and land stewardship as created in section 159.4.
 18 23    NEW SUBSECTION.  5.  "Secretary" means the secretary of
 18 24 agriculture as provided in section 159.4.
 18 25    Sec. 59.  Section 160.2, unnumbered paragraph 1, Code 2003,
 18 26 is amended to read as follows:
 18 27    The state apiarist department shall do all of the
 18 28 following:
 18 29    Sec. 60.  Section 160.3, Code 2003, is amended to read as
 18 30 follows:
 18 31    160.3  RIGHT TO ENTER PREMISES.
 18 32    In the performance of the apiarist's duties, the state
 18 33 apiarist or the apiarist's assistants shall have the right to
 18 34 The department may enter any premises, enclosure, or buildings
 18 35 containing bees or bee supplies.
 19  1    Sec. 61.  Section 160.5, unnumbered paragraphs 1 and 3,
 19  2 Code 2003, are amended to read as follows:
 19  3    If upon examination the apiarist department finds bees to
 19  4 be diseased or infested with parasites, the apiarist
 19  5 department shall furnish the owner or person in charge of the
 19  6 apiary with full written instructions as to the nature of the
 19  7 disease or infestation and the best methods of treatment,
 19  8 which information shall be furnished without cost to the
 19  9 owner.
 19 10    A person who desires to move a colony, package, or used
 19 11 equipment with combs into this state shall apply to the state
 19 12 apiarist department for a written entry permit at least sixty
 19 13 days prior to the proposed entry date.  A statement must
 19 14 accompany each application for an entry permit describing each
 19 15 offense related to beekeeping for which the person has been
 19 16 subject to a penalty by a state, federal, or foreign
 19 17 government.  The written entry permit must accompany all such
 19 18 shipments when they enter the state.  Entry into this state
 19 19 without a permit is unlawful and is punishable pursuant to
 19 20 section 160.14.  However, entry requirements of this section
 19 21 shall not apply to a package shipped by the United States
 19 22 postal service.
 19 23    Sec. 62.  Section 160.5, subsection 1, Code 2003, is
 19 24 amended to read as follows:
 19 25    1.  A valid Iowa certificate of inspection must be on file
 19 26 with the department or a valid certificate of inspection or
 19 27 certificate of health dated within the last sixty days must
 19 28 have been submitted by the state apiarist department or
 19 29 inspector of the state of origin.  A certificate must indicate
 19 30 the absence of any contagious diseases, parasites, or
 19 31 Africanized bees in the colony or package to be shipped.
 19 32    Sec. 63.  Section 160.6, Code 2003, is amended to read as
 19 33 follows:
 19 34    160.6  NOTICE TO TREAT, DISINFECT, REMOVE, OR DESTROY.
 19 35    The state apiarist department shall provide a notice in
 20  1 writing to an owner of bees or bee equipment infested with
 20  2 contagious diseases, parasites, or Africanized bees to treat,
 20  3 disinfect, destroy, or remove a colony or equipment in a
 20  4 manner and by a time specified by the state apiarist
 20  5 department in the order.
 20  6    Sec. 64.  Section 160.7, Code 2003, is amended to read as
 20  7 follows:
 20  8    160.7  APIARIST DEPARTMENT TO DISINFECT OR DESTROY –
 20  9 COSTS.
 20 10    If the owner fails to comply with the notice provided in
 20 11 section 160.6, the state apiarist department shall declare the
 20 12 diseased, parasite-infested, or Africanized colonies a
 20 13 nuisance, and administer the destruction or disinfection of
 20 14 the bee colonies or equipment required to eliminate the source
 20 15 of the disease, parasites, or Africanized bees.  The state
 20 16 apiarist department shall keep an account of costs related to
 20 17 the destruction.
 20 18    Sec. 65.  Section 160.8, Code 2003, is amended to read as
 20 19 follows:
 20 20    160.8  COSTS CERTIFIED – COLLECTED AS TAX.
 20 21    The state apiarist department shall certify the amount of
 20 22 such cost for destruction of disinfection pursuant to section
 20 23 160.7 to the owner and if.  If the same amount is not paid to
 20 24 the state apiarist department within sixty days, the amount
 20 25 shall be certified to the county auditor of the county in
 20 26 which the premises are located, who shall spread the same upon
 20 27 the tax books which shall be a lien upon the property of the
 20 28 bee owner and be collected as other taxes are collected.
 20 29    Sec. 66.  Section 160.9, Code 2003, is amended to read as
 20 30 follows:
 20 31    160.9  RULES.
 20 32    The state apiarist department shall adopt rules relating to
 20 33 the inspection, regulation of movement, sale, and cleanup of
 20 34 bee colonies and used beekeeping equipment that is infested
 20 35 with a contagious disease, harmful parasites, or an
 21  1 undesirable subspecies of honey bees.
 21  2    Sec. 67.  Section 160.14, subsections 1 and 4, Code 2003,
 21  3 are amended to read as follows:
 21  4    1.  A person who knowingly sells, barters, gives away,
 21  5 moves, or allows to be moved, a diseased or parasite-infested
 21  6 colony, package, equipment, or combs without the consent of
 21  7 the state apiarist department, or exposes infected honey or
 21  8 infected equipment to the bees, or who willfully fails or
 21  9 neglects to give proper treatment to a diseased or parasite-
 21 10 infested colony, or who interferes with the state apiarist or
 21 11 the apiarist's assistants department in the performance of
 21 12 official duties or who refuses to permit the examination of
 21 13 bees or their destruction as provided in this chapter or
 21 14 violates another provision of this chapter, except as provided
 21 15 in subsection 2, is guilty of a simple misdemeanor.
 21 16    4.  The attorney general or persons designated by the
 21 17 attorney general may institute suits on behalf of the state
 21 18 apiarist department to obtain injunctive relief to restrain
 21 19 and prevent violations of this chapter.
 21 20    Sec. 68.  Section 160.13, Code 2003, is repealed.  
 21 21                          DIVISION III
 21 22             SPECIAL DEPARTMENTAL PROGRAMS AND FUNDS
 21 23    Sec. 69.  Section 161B.1, Code 2003, is amended to read as
 21 24 follows:
 21 25    161B.1  AGRICULTURAL ENERGY MANAGEMENT FUND.
 21 26    1.  The agricultural energy management fund is created
 21 27 within the department of agriculture and land stewardship.
 21 28 The fund shall be used to finance education and demonstration
 21 29 projects regarding tillage practices and the management of
 21 30 fertilizer and pesticide use which result in management
 21 31 practices that reduce energy inputs in agriculture and reduce
 21 32 potential for groundwater contamination.
 21 33    2.  The department of agriculture and land stewardship
 21 34 shall report annually to the standing committees on energy and
 21 35 environmental protection of the house and senate on the
 22  1 projects conducted with the agricultural energy management
 22  2 fund.
 22  3    Sec. 70.  Section 161C.7, subsection 1, Code 2003, is
 22  4 amended by striking the subsection.
 22  5    Sec. 71.  DIRECTOR TO CODE EDITOR – TRANSFER.  The Code
 22  6 editor is directed to transfer section 161B.1, as amended by
 22  7 this Act, to a new section in section 161C.1.  
 22  8                           DIVISION IV
 22  9       ELIMINATION OF IOWA SOYBEAN ASSOCIATION PROVISIONS 
 22 10    Sec. 72.  Chapter 185A, Code 2003, is repealed.  
 22 11                           DIVISION V
 22 12          ELIMINATION OF IOWA CORN GROWERS ASSOCIATION
 22 13    Sec. 73.  Chapter 185B, Code 2003, is repealed.  
 22 14                           DIVISION VI
 22 15             ELIMINATION OF FOOD LABELING PROVISIONS
 22 16    Sec. 74.  Section 189.11, Code 2003, is amended to read as
 22 17 follows:
 22 18    189.11  LABELING OF MIXTURES – STATE RULES – FEDERAL
 22 19 REQUIREMENTS PREVAIL.
 22 20    1.  In addition to the requirements of section 189.9,
 22 21 unless otherwise provided, articles which are mixtures,
 22 22 compounds, combinations, blends, or imitations shall be marked
 22 23 as such and immediately followed, without any intervening
 22 24 matter and in the same size and style of type, by the names of
 22 25 all the ingredients contained therein, beginning with the one
 22 26 present in the largest proportion.
 22 27    2.  The department may adopt rules providing labeling
 22 28 requirements for dairy products or imitation dairy products
 22 29 which are exclusively sold on an intrastate basis, and which
 22 30 are not otherwise subject to labeling requirements of the
 22 31 United States government.
 22 32    3.  Notwithstanding any other requirements of this chapter
 22 33 or of chapter 190, foods and food products labeled in
 22 34 conformance with the labeling requirements of the government
 22 35 of the United States government shall be deemed to be labeled
 23  1 in conformance with the laws of the state of Iowa this state.
 23  2    Sec. 75.  Section 192.107, unnumbered paragraphs 1, 2, 3,
 23  3 and 5, Code 2003, are amended to read as follows:
 23  4    A person who does not possess a permit issued by the
 23  5 department shall not bring, send, or receive into the state
 23  6 for sale, or sell, offer for sale, or store any milk or milk
 23  7 product as provided in this chapter and in chapters chapter
 23  8 190 and 191.  However, the department may exempt from this
 23  9 requirement grocery stores, restaurants, soda fountains, or
 23 10 similar establishments where milk or a milk product is served
 23 11 or sold at retail, but not processed.
 23 12    Only a person who complies with the requirements of this
 23 13 chapter and chapters chapter 190 and 191 shall be entitled to
 23 14 receive and retain a permit from the department.  Permits
 23 15 shall not be transferable with respect to persons or
 23 16 locations.
 23 17    The department shall suspend a permit whenever there is
 23 18 reason to believe that a public health hazard exists, whenever
 23 19 the permit holder has violated any of the requirements of this
 23 20 chapter, or chapter 190, or chapter 191, or whenever the
 23 21 permit holder has interfered with the department in the
 23 22 performance of its duties.  However, where the milk or milk
 23 23 product involved creates, or appears to create, an imminent
 23 24 hazard to the public health, or in any case of a willful
 23 25 refusal to permit authorized inspection, the department shall
 23 26 serve upon the holder a written notice of intent to suspend
 23 27 the permit.  The notice shall specify with particularity the
 23 28 violations in question and afford the holder such reasonable
 23 29 opportunity to correct such violations as may be agreed to by
 23 30 the parties, or in the absence of agreement, established by
 23 31 the secretary before making any order of suspension effective.
 23 32 A suspension of permit shall remain in effect until the
 23 33 violation has been corrected to the satisfaction of the
 23 34 department.  As used in this section, the terms "public health
 23 35 hazard" and "imminent hazard" shall be defined by rules
 24  1 adopted by the department.  The rules shall include examples
 24  2 of public health hazards and imminent hazards.
 24  3    Upon repeated violation, the department may revoke a permit
 24  4 following reasonable notice to the permit holder and an
 24  5 opportunity for a hearing.  This section is not intended to
 24  6 preclude the institution of a court action provided in this
 24  7 chapter, or chapter 190, or chapter 191.
 24  8    Sec. 76.  Section 192.108, Code 2003, is amended to read as
 24  9 follows:
 24 10    192.108  ADMINISTRATION OF THE CHAPTER – INSPECTIONS
 24 11 REQUIRED.
 24 12    The department shall administer this chapter and rules
 24 13 adopted pursuant to this chapter.  The department is
 24 14 responsible for the inspection of a dairy farm, milk plant,
 24 15 transfer station, or receiving station to ensure compliance
 24 16 with this chapter and chapters chapter 190 and 191.  The
 24 17 department may enter into an inspection contract with a person
 24 18 qualified to perform inspection services if the agreement for
 24 19 the services is cost-effective and the quality of inspection
 24 20 ensures compliance with state and federal law.  A person
 24 21 entering into an inspection contract with the department for
 24 22 the purpose of inspecting premises, taking samples, or testing
 24 23 samples, shall be deemed to be an agent of the department, and
 24 24 shall have the same authority under this chapter provided to
 24 25 the department, unless the contract specifies otherwise.  The
 24 26 department shall review inspection services performed by a
 24 27 person under an inspection contract to ensure quality cost-
 24 28 effective inspections.  If a person is acting in a manner
 24 29 which is inconsistent with the provisions of the applicable
 24 30 chapter or contract, the department may revoke the inspection
 24 31 contract after notice and hearing, in the manner described for
 24 32 permit revocation in section 192.107 and perform such acts as
 24 33 are necessary to enforce this chapter.  Except as provided in
 24 34 this chapter or chapter 194, a person shall not charge a milk
 24 35 plant, receiving station, or transfer station a fee for
 25  1 inspection relating to milk or milk products.
 25  2    Sec. 77.  Section 192.146, Code 2003, is amended to read as
 25  3 follows:
 25  4    192.146  INJUNCTION FOR VIOLATIONS.
 25  5    A person who violates any provision of this chapter, or
 25  6 chapter 190, or chapter 191, or a rule adopted under any of
 25  7 those chapters this chapter or chapter 190 may be enjoined
 25  8 from continuing such violations.  Each day upon which such a
 25  9 violation occurs constitutes a separate violation.
 25 10    Sec. 78.  Section 210.12, Code 2003, is amended to read as
 25 11 follows:
 25 12    210.12  SALE OF FRUITS AND VEGETABLES IN BASKETS.
 25 13    Grapes, other fruits, Fruits and vegetables may be sold in
 25 14 climax baskets; but when said commodities.  When fruits and
 25 15 vegetables are sold in such manner and the containers are
 25 16 labeled with the net weight of the contents in accordance with
 25 17 the provisions of section 189.9, all the provisions of the
 25 18 chapter* relative to labeling foods shall be deemed to have
 25 19 been complied with the department shall consider the baskets
 25 20 properly labeled.
 25 21    Sec. 79.  Section 351.756, subsection 36, Code 2003, is
 25 22 amended by striking the subsection.
 25 23    Sec. 80.  Chapter 191, Code 2003, is repealed.  
 25 24                          DIVISION VII
 25 25                     ELIMINATION OF STANDARD
 25 26                 WEIGHTS AND MEASURES PROVISIONS
 25 27    Sec. 81.  Section 210.1, Code 2003, is amended to read as
 25 28 follows:
 25 29    210.1  STANDARD ESTABLISHED – RULEMAKING.
 25 30    The weights and measures which have been presented by the
 25 31 department to the United States national institute of
 25 32 standards and technology and approved, standardized, and
 25 33 certified by the institute in accordance with the laws of the
 25 34 Congress of the United States shall be the standard weights
 25 35 and measures throughout the state.  The department shall adopt
 26  1 rules when necessary in conformance with the United States
 26  2 national institute of standards and technology.
 26  3    Sec. 82.  Section 210.8, Code 2003, is amended to read as
 26  4 follows:
 26  5    210.8  SALES OF DRY COMMODITIES.
 26  6    All dry commodities unless bought or sold in package or
 26  7 wrapped form shall be bought or sold only by the standard
 26  8 weight or measure herein established, or by numerical count,
 26  9 unless the parties otherwise agree in writing, except as
 26 10 provided in sections 210.9 to 210.12.
 26 11    Sec. 83.  Section 717A.1, subsection 6, paragraph a,
 26 12 subparagraph (1), Code 2003, is amended to read as follows:
 26 13    (1)  A plant produced from an agricultural seed or
 26 14 vegetable seed as defined in section 199.1, including any
 26 15 plant producing a commodity listed in section 210.10 190C.1.
 26 16    Sec. 84.  The following sections are repealed:  210.7,
 26 17 210.9, 210.10, 210.11, 210.12, 210.15, 210.19, 210.20, 210.21,
 26 18 210.22, 210.23, 210.24, and 210.25, Code 2003.  
 26 19                          DIVISION VIII
 26 20           ELIMINATION OF GRAIN REGULATION PROVISIONS
 26 21    Sec. 85.  Section 189.1, unnumbered paragraph 1, Code 2003,
 26 22 is amended to read as follows:
 26 23    For the purpose of this subtitle, excluding chapters 203,
 26 24 203A, 203C, 203D, 207, and 208, unless the context otherwise
 26 25 requires:
 26 26    Sec. 86.  Section 189.1, subsections 1 and 6, Code 2003,
 26 27 are amended to read as follows:
 26 28    1.  "Article" includes food, commercial feed, agricultural
 26 29 seed, commercial fertilizer, drug, insecticide, fungicide,
 26 30 paint, linseed oil, turpentine, and illuminating oil, in the
 26 31 sense in which they are defined in the various provisions of
 26 32 this subtitle, excluding chapters 203, 203A, 203C, 203D, 207,
 26 33 and 208.
 26 34    6.  "Person" includes a corporation, company, firm,
 26 35 society, or association; and the act, omission, or conduct of
 27  1 any officer, agent, or other person acting in a representative
 27  2 capacity shall be imputed to the organization or person
 27  3 represented, and the person acting in that capacity shall also
 27  4 be liable for violations of this subtitle, excluding chapters
 27  5 203, 203A, 203C, 203D, 207, and 208.
 27  6    Sec. 87.  Section 189.2, subsections 2 through 4, Code
 27  7 2003, are amended to read as follows:
 27  8    2.  Make and publish all necessary rules, not inconsistent
 27  9 with law, for enforcing the provisions of this subtitle,
 27 10 excluding chapters 203, 203A, 203C, 203D, 207, and 208.
 27 11    3.  Provide educational measures and exhibits, and conduct
 27 12 educational campaigns as are deemed advisable in fostering and
 27 13 promoting the production and sale of the articles dealt with
 27 14 in this subtitle, excluding chapters 203, 203A, 203C, 203D,
 27 15 207, and 208, in accordance with the rules adopted pursuant to
 27 16 this subtitle.
 27 17    4.  Issue from time to time, bulletins showing the results
 27 18 of inspections, analyses, and prosecutions under this
 27 19 subtitle, excluding chapters 203, 203A, 203C, 203D, 207, and
 27 20 208.  These bulletins shall be printed in such numbers as may
 27 21 be approved by the state printing administrator and shall be
 27 22 distributed to the newspapers of the state and to all
 27 23 interested persons.
 27 24    Sec. 88.  Section 189.3, Code 2003, is amended to read as
 27 25 follows:
 27 26    189.3  PROCURING SAMPLES.
 27 27    The department shall, for the purpose of examination or
 27 28 analysis, procure from time to time, or whenever the
 27 29 department has occasion to believe any of the provisions of
 27 30 this subtitle, excluding chapters 203, 203A, 203C, 203D, 207,
 27 31 and 208, are being violated, samples of the articles dealt
 27 32 with in these provisions which have been shipped into this
 27 33 state, offered or exposed for sale, or sold in the state.
 27 34    Sec. 89.  Section 189.4, Code 2003, is amended to read as
 27 35 follows:
 28  1    189.4  ACCESS TO FACTORIES AND BUILDINGS.
 28  2    The department shall have full access to all places,
 28  3 factories, buildings, stands, or premises, and to all wagons,
 28  4 auto trucks, vehicles, or cars used in the preparation,
 28  5 production, distribution, transportation, offering or exposing
 28  6 for sale, or sale of any article dealt with in this subtitle,
 28  7 excluding chapters 203, 203A, 203C, 203D, 207, and 208.
 28  8    Sec. 90.  Section 189.5, Code 2003, is amended to read as
 28  9 follows:
 28 10    189.5  DEALER TO FURNISH SAMPLES.
 28 11    Upon request and tender of the selling price by the
 28 12 department any person who prepares, manufactures, offers or
 28 13 exposes for sale, or delivers to a purchaser any article dealt
 28 14 with in this subtitle, excluding chapters 203, 203A, 203C,
 28 15 203D, 207, and 208, shall furnish, within business hours, a
 28 16 sample of the same, sufficient in quantity for a proper
 28 17 analysis or examination as shall be provided by the rules of
 28 18 the department.
 28 19    Sec. 91.  Section 189.6, Code 2003, is amended to read as
 28 20 follows:
 28 21    189.6  TAKING OF SAMPLES.
 28 22    The department may, without the consent of the owner,
 28 23 examine or open any package containing, or believed to
 28 24 contain, any article or product which it suspects may be
 28 25 prepared, manufactured, offered, or exposed for sale, sold, or
 28 26 held in possession in violation of the provisions of this
 28 27 subtitle, excluding chapters 203, 203A, 203C, 203D, 207, and
 28 28 208, in order to secure a sample for analysis or examination,
 28 29 and the sample and damage to container shall be paid for at
 28 30 the current market price out of the contingent fund of the
 28 31 department.
 28 32    Sec. 92.  Section 189.8, Code 2003, is amended to read as
 28 33 follows:
 28 34    189.8  WITNESSES.
 28 35    In the enforcement of the provisions of this subtitle,
 29  1 excluding chapters 203, 203A, 203C, 203D, 207, and 208, the
 29  2 department shall have power to issue subpoenas for witnesses,
 29  3 enforce their attendance, and examine them under oath.  The
 29  4 witnesses shall be allowed the same fees as witnesses in
 29  5 district court.  The fees shall be paid out of the contingent
 29  6 fund of the department.
 29  7    Sec. 93.  Section 189.9, unnumbered paragraph 1, Code 2003,
 29  8 is amended to read as follows:
 29  9    All articles in package or wrapped form which are required
 29 10 by this subtitle, excluding chapters 203, 203A, 203C, 203D,
 29 11 207, and 208, to be labeled, unless otherwise provided, shall
 29 12 be conspicuously marked in the English language in legible
 29 13 letters of not less than eight point heavy gothic caps on the
 29 14 principal label with the following items:
 29 15    Sec. 94.  Section 189.13, Code 2003, is amended to read as
 29 16 follows:
 29 17    189.13  FALSE LABELS – DEFACEMENT.
 29 18    A person shall not use any label required by this subtitle,
 29 19 excluding chapters 203, 203A, 203C, 203D, 207, and 208, which
 29 20 bears any representations of any kind which are deceptive as
 29 21 to the true character of the article or the place of its
 29 22 production, or which has been carelessly printed or marked,
 29 23 nor shall any person erase or deface any label required by
 29 24 this subtitle, excluding chapters 203, 203A, 203C, 203D, 207,
 29 25 and 208.
 29 26    Sec. 95.  Section 189.14, subsection 1, Code 2003, is
 29 27 amended to read as follows:
 29 28    1.  A person shall not knowingly introduce into this state,
 29 29 solicit orders for, deliver, transport, or have in possession
 29 30 with intent to sell, any article which is labeled in any other
 29 31 manner than that prescribed by this subtitle, excluding
 29 32 chapters 203, 203A, 203C, 203D, 207, and 208, for the label of
 29 33 the article when offered or exposed for sale, or sold in
 29 34 package or wrapped form in this state.
 29 35    Sec. 96.  Section 189.15, Code 2003, is amended to read as
 30  1 follows:
 30  2    189.15  ADULTERATED ARTICLES.
 30  3    A person shall not knowingly manufacture, introduce into
 30  4 the state, solicit orders for, sell, deliver, transport, have
 30  5 in possession with the intent to sell, or offer or expose for
 30  6 sale, any article which is adulterated according to the
 30  7 provisions of this subtitle, excluding chapters 203, 203A,
 30  8 203C, 203D, 207, and 208.
 30  9    Sec. 97.  Section 189.16, subsection 2, paragraph a, Code
 30 10 2003, is amended to read as follows:
 30 11    a.  Grain by a person regulated under chapter 203, 203A,
 30 12 203C, or 203D.
 30 13    Sec. 98.  Section 189.19, unnumbered paragraph 1, Code
 30 14 2003, is amended to read as follows:
 30 15    The following provisions apply to all licenses issued or
 30 16 authorized under this subtitle, excluding chapters 203, 203A,
 30 17 203C, 203D, 207, and 208:
 30 18    Sec. 99.  Section 189.19, subsection 2, Code 2003, is
 30 19 amended to read as follows:
 30 20    2.  REFUSAL AND REVOCATION.  For good and sufficient
 30 21 grounds the department may refuse to grant a license to any
 30 22 applicant; and it may revoke a license for a violation of any
 30 23 provision of this subtitle, excluding chapters 203, 203A,
 30 24 203C, 203D, 207, and 208, or for the refusal or failure of any
 30 25 licensee to obey the lawful directions of the department.
 30 26    Sec. 100.  Section 189.20, Code 2003, is amended to read as
 30 27 follows:
 30 28    189.20  INJUNCTION.
 30 29    Any person engaging in any business for which a license is
 30 30 required by this subtitle, excluding chapters 203, 203A, 203C,
 30 31 203D, 207, and 208, without obtaining such license, may be
 30 32 restrained by injunction, and shall pay all costs made
 30 33 necessary by such procedure.
 30 34    Sec. 101.  Section 189.21, Code 2003, is amended to read as
 30 35 follows:
 31  1    189.21  PENALTY.
 31  2    Unless otherwise provided, any person violating any
 31  3 provision of this subtitle, excluding chapters 203, 203A,
 31  4 203C, 203D, 207, and 208, or any rule adopted by the
 31  5 department pursuant to such a provision, is guilty of a simple
 31  6 misdemeanor.
 31  7    Sec. 102.  Section 189.23, Code 2003, is amended to read as
 31  8 follows:
 31  9    189.23  COMMON CARRIER.
 31 10    The penalties provided in this subtitle, excluding chapters
 31 11 203, 203A, 203C, 203D, 207, and 208, shall not be imposed upon
 31 12 any common carrier for introducing into the state, or having
 31 13 in its possession, any article which is adulterated or
 31 14 improperly labeled according to the provisions of this
 31 15 subtitle, excluding chapters 203, 203A, 203C, 203D, 207, and
 31 16 208, when the same was received by the carrier for
 31 17 transportation in the ordinary course of its business and
 31 18 without actual knowledge of its true character.
 31 19    Sec. 103.  Section 189.24, Code 2003, is amended to read as
 31 20 follows:
 31 21    189.24  REPORT OF VIOLATIONS.
 31 22    When it appears that any of the provisions of this
 31 23 subtitle, excluding chapters 203, 203A, 203C, 203D, 207, and
 31 24 208, have been violated, the department shall at once certify
 31 25 the facts to the proper county attorney, with a copy of the
 31 26 results of any analysis, examination, or inspection the
 31 27 department may have made, duly authenticated by the proper
 31 28 person under oath, and with any additional evidence which may
 31 29 be in possession of the department.
 31 30    Sec. 104.  Section 189.28, Code 2003, is amended to read as
 31 31 follows:
 31 32    189.28  GOODS FOR SALE IN OTHER STATES.
 31 33    Any person may keep articles specifically set apart in the
 31 34 person's stock for sale in other states which do not comply
 31 35 with the provisions of this subtitle, excluding chapters 203,
 32  1 203A, 203C, 203D, 207, and 208, as to standards, purity, or
 32  2 labeling.
 32  3    Sec. 105.  Section 189.29, Code 2003, is amended to read as
 32  4 follows:
 32  5    189.29  REPORTS BY DEALERS.
 32  6    Every person who deals in or manufactures any of the
 32  7 articles dealt with in this subtitle, excluding chapters 203,
 32  8 203A, 203C, 203D, 207, and 208, shall make upon blanks
 32  9 furnished by the department such reports and furnish such
 32 10 statistics as may be required by the department and certify to
 32 11 the correctness of the same.
 32 12    Sec. 106.  Section 190.1, unnumbered paragraph 1, Code
 32 13 2003, is amended to read as follows:
 32 14    For the purpose of this subtitle, except chapters 192, 203,
 32 15 203A, 203C, 203D, 207, and 208, the following definitions and
 32 16 standards of food are established:
 32 17    Sec. 107.  Section 203.1, subsection 8, paragraph h, Code
 32 18 2003, is amended by striking the paragraph.
 32 19    Sec. 108.  Section 203.5, unnumbered paragraph 2, Code
 32 20 2003, is amended to read as follows:
 32 21    If an applicant has had a license under chapter 203, 203A,
 32 22 or 203C revoked for cause within the past three years, or has
 32 23 been convicted of a felony involving violations of chapter
 32 24 203, 203A, or 203C, or is owned or controlled by a person who
 32 25 has had a license so revoked or who has been so convicted, the
 32 26 department may deny a license to the applicant.
 32 27    Sec. 109.  Section 203.9, unnumbered paragraph 1, Code
 32 28 2003, is amended to read as follows:
 32 29    The department may inspect the premises used by any grain
 32 30 dealer in the conduct of the dealer's business at any time,
 32 31 and the books, accounts, records, and papers of every grain
 32 32 dealer which pertain to grain purchases are subject to
 32 33 inspection by the department during ordinary business hours.
 32 34 The department shall cause the business premises and books,
 32 35 accounts, records, and papers of every grain dealer to be
 33  1 inspected at least once each eighteen-month period without
 33  2 justification.  The department shall prioritize inspections
 33  3 based on the system provided in section 203.22.  The
 33  4 department may use a risk rating produced by a statistical
 33  5 model provided in section 203.22 as justification to conduct
 33  6 an inspection.  The transporter of grain in transit shall
 33  7 possess bills of lading or other documents covering the grain,
 33  8 and shall present them to any law enforcement officer or to a
 33  9 person designated as an enforcement officer under section
 33 10 203.13 on demand.  If there is justification to believe that a
 33 11 person is engaged without a license in the business of a grain
 33 12 dealer in this state, the department may inspect the books,
 33 13 papers, and records of the person which pertain to grain
 33 14 purchases.
 33 15    Sec. 110.  Section 203C.6, subsection 7, Code 2003, is
 33 16 amended to read as follows:
 33 17    7.  If an applicant has had a license under chapter 203,
 33 18 203A or 203C revoked for cause within the past three years, or
 33 19 has been convicted of a felony involving violations of chapter
 33 20 203, 203A or 203C, or is owned or controlled by a person who
 33 21 has had a license so revoked or who has been so convicted, the
 33 22 department may deny a license to the applicant.
 33 23    Sec. 111.  Section 669.14, subsection 11, unnumbered
 33 24 paragraph 1, Code 2003, is amended to read as follows:
 33 25    Any claim for financial loss based upon an act or omission
 33 26 in financial regulation, including but not limited to
 33 27 examinations, inspections, audits, or other financial
 33 28 oversight responsibilities, pursuant to chapters 87, 203,
 33 29 203A, 203C, 203D, 421B, 486, 487, and 490 through 553,
 33 30 excluding chapters 540A, 542, 542B, 543B, 543C, 543D, 544A,
 33 31 and 544B.
 33 32    Sec. 112.  The following provisions are repealed:
 33 33    1.  Section 203.13, Code 2003.
 33 34    2.  Chapter 203A, Code 2003.  
 33 35                           DIVISION IX
 34  1                         EFFECTIVE DATE
 34  2    Sec. 113.  EFFECTIVE DATE – DEPARTMENTAL AUTHORITY.  This
 34  3 Act takes effect on October 1, 2003.  However, the department
 34  4 of agriculture and land stewardship may adopt rules prior to
 34  5 that date in anticipation of the Act's effective date.  
 34  6                           EXPLANATION
 34  7    This bill provides for the administration and enforcement
 34  8 of programs by the department of agriculture and land
 34  9 stewardship (department), including by providing for program
 34 10 elimination and enhancing the readability of related
 34 11 provisions and providing an effective date.  The departmental
 34 12 provisions are largely contained in Title V of the Code.
 34 13    DIVISION I – GENERAL POWERS AND DUTIES OF THE DEPARTMENT.
 34 14 The bill amends provisions in Code chapter 159, which provides
 34 15 general powers and duties of the department.  Code section
 34 16 159.1 provides definitions for subtitles 1 through 3,
 34 17 including agriculture and conservation of agricultural
 34 18 resources, animal industry, and agricultural development and
 34 19 marketing.  The bill eliminates definitions relating to
 34 20 agricultural drainage wells that were transferred to another
 34 21 title of the Code during the 2002 Legislative Session.  It
 34 22 also amends individual chapters within those subtitles to
 34 23 include specific definitions for the department and the
 34 24 secretary of agriculture in order to enhance the readability
 34 25 of the Code.  It eliminates a definition of "person", which is
 34 26 defined generally in Code section 4.1.
 34 27    The bill consolidates provisions into Code sections 159.4
 34 28 and 159.4A, and specifically creates a department of
 34 29 agriculture and land stewardship and recognizes the secretary
 34 30 of agriculture.  It amends Code section 159.5, which provides
 34 31 for administrative units within the department and powers and
 34 32 duties.  The bill rewrites the provisions relating to specific
 34 33 powers and duties into new Code sections and reserves this
 34 34 Code section for the establishment of administrative units.
 34 35 Currently, many of these units are organized differently by
 35  1 the department than required in the Code section and the bill
 35  2 conforms the law to departmental practice.  It retains the
 35  3 soil conservation division as a separate division within the
 35  4 department.  The provisions organized as new Code sections
 35  5 include those relating to weather and crop bulletins, grain
 35  6 marketing regulations, drinking water regulations, and animal
 35  7 health.
 35  8    The bill requires the Code editor to transfer Code section
 35  9 159.31, providing for the Iowa seal, to another Code section
 35 10 in the same chapter.
 35 11    The bill repeals Code sections 159.6 (which reiterates
 35 12 provisions in other chapters of the Code), 159.9 (requiring
 35 13 the department to distribute statutes and rules to the
 35 14 public), and 159.19 (relating to the general assembly's
 35 15 establishment of the secretary's salary, which has been moved
 35 16 to another Code section).
 35 17    DIVISION II – BEEKEEPING.  The bill amends a number of
 35 18 provisions in Code chapter 160 relating to beekeeping.  The
 35 19 Code chapter provides that the department must establish an
 35 20 office of state apiarist.  The bill provides that the
 35 21 department may establish such an office.  The bill replaces
 35 22 references to the state apiarist with references to the
 35 23 department wherever it appears in the Code chapter.  It
 35 24 repeals Code section 160.13 requiring the state apiarist to
 35 25 make an annual report to the secretary concerning the
 35 26 activities of the state apiarist during the past year.
 35 27    DIVISION III – SPECIAL DEPARTMENTAL FUNDS.  The bill
 35 28 amends Code section 161B.1, which is the only section in the
 35 29 Code chapter, and provides for an agricultural energy
 35 30 management fund.  The bill strikes a provision requiring the
 35 31 department to make a report regarding the fund to the standing
 35 32 committees on energy and environmental protection of the
 35 33 senate and house.  The fund has no ending balance.  The bill
 35 34 also directs the Code editor to transfer the Code section to
 35 35 Code chapter 161C relating to water protection practices and
 36  1 projects.  It strikes a provision in Code section 161C.7 which
 36  2 provides for a task force responsible for submitting
 36  3 recommendations to the department through January 1, 2001.
 36  4    DIVISION IV – ELIMINATION OF IOWA SOYBEAN ASSOCIATION
 36  5 PROVISIONS.  The bill repeals Code chapter 185A, which
 36  6 recognizes the Iowa soybean association.  It does not affect
 36  7 the status of the association as a private entity or the
 36  8 soybean promotion board organized under a different Code
 36  9 chapter.
 36 10    DIVISION V – ELIMINATION OF IOWA CORN GROWERS ASSOCIATION
 36 11 PROVISIONS.  The bill repeals Code chapter 185B, which
 36 12 recognizes the Iowa corn growers association.  It does not
 36 13 affect the status of the association as a private entity or
 36 14 the corn promotion board organized under a different Code
 36 15 chapter.
 36 16    DIVISION VI – ELIMINATION OF FOOD LABELING PROVISIONS.
 36 17 The bill repeals Code chapter 191 providing for the labeling
 36 18 of foods by the department and especially dairy products.  The
 36 19 federal government has largely preempted labeling requirements
 36 20 for products sold in interstate commerce.  The bill provides
 36 21 that the department may adopt rules providing labeling
 36 22 requirements for dairy products or imitation dairy products
 36 23 which are exclusively sold on an intrastate basis and which
 36 24 are not otherwise subject to labeling requirements of the
 36 25 United States government.
 36 26    DIVISION VII – ELIMINATION OF STANDARD WEIGHTS AND
 36 27 MEASURES PROVISIONS.  The bill repeals a number of provisions
 36 28 in Code chapter 210 providing for the regulation of weights
 36 29 and measures.  The repealed Code sections include 210.7
 36 30 (bottomless measures), 210.9 (an exemption for drugs and honey
 36 31 combs), 210.10 (bushel measures), 210.11 (sale of fruits and
 36 32 vegetables by dry measure), 210.12 (sale of fruits and
 36 33 vegetables in baskets), 210.15 (milk bottles or containers),
 36 34 210.19 (standard weight of bread), 210.20 (bread wrappers),
 36 35 210.21 (violations for bread regulations), 210.22 (definition
 37  1 of "person"), 210.23 (bread regulation exemptions), 210.24
 37  2 (enforcement of bread regulations), and 210.25 (weighing
 37  3 bread).
 37  4    The bill provides that the department must adopt rules when
 37  5 necessary in conformance with the United States national
 37  6 institute of standards and technology.
 37  7    DIVISION VIII – ELIMINATION OF GRAIN REGULATION
 37  8 PROVISIONS.  The bill repeals Code section 203.13 authorizing
 37  9 the department to designate an employee as an enforcement
 37 10 officer.  The bill repeals Code chapter 203A, which regulates
 37 11 grain bargaining agents.  A grain bargaining agent bargains
 37 12 with buyers for the sale of grain for agricultural producers.
 37 13 Code chapter 203A provides requirements for permits, bonds,
 37 14 recordkeeping, inspections, and disciplinary proceedings.  The
 37 15 bill makes conforming amendments.
 37 16    DIVISION IX – EFFECTIVE DATE.  The bill takes effect
 37 17 October 1, 2003.  It also authorizes the department to adopt
 37 18 rules earlier than that date in anticipation of the bill's
 37 19 effective date.  
 37 20 LSB 2238SC 80
 37 21 da/sh/8
     

Text: SSB01144                          Text: SSB01146
Text: SSB01100 - SSB01199               Text: SSB Index
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