Text: SSB03103 Text: SSB03105 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 AGRICHEMICAL REMEDIATION 1 3 Section 1. Section 161.2, subsection 7, Code 2003, is 1 4 amended to read as follows: 1 5 7. "Department" means the department ofagriculture and1 6land stewardshipnatural resources. 1 7 Sec. 2. Section 161.2, Code 2003, is amended by adding the 1 8 following new subsection: 1 9 NEW SUBSECTION. 7A. "Director" means the director of the 1 10 department of natural resources. 1 11 Sec. 3. Section 161.3, subsection 2, paragraph a, 1 12 subparagraphs (1) and (2), Code 2003, are amended to read as 1 13 follows: 1 14 (1) Thesecretary of agriculturedirector or the 1 15secretary'sdirector's designee. 1 16 (2) Thedirector of the department of natural resources1 17 secretary of agriculture, or thedirector'ssecretary's 1 18 designee. 1 19 Sec. 4. Section 161.3, subsection 2, paragraph b, 1 20 unnumbered paragraph 1, Code 2003, is amended to read as 1 21 follows: 1 22 Five members appointed by thesecretary of agriculture1 23 director. The members shall include all of the following: 1 24 Sec. 5. Section 161.3, subsection 3, unnumbered paragraph 1 25 1, Code 2003, is amended to read as follows: 1 26 The appointed members shall serve terms of three years 1 27 beginning and ending as provided in section 69.19. However, 1 28 thesecretarydirector shall appoint initial members to serve 1 29 for less than three years to ensure members serve staggered 1 30 terms. Appointments to the board shall be based upon the 1 31 training, experience and capacity of the appointees, and not 1 32 upon political considerations, other than as provided in 1 33 sections 69.16 and 69.16A. 1 34 Sec. 6. Section 161.3, subsection 3, paragraph b, Code 1 35 2003, is amended to read as follows: 2 1 b. An appointed member may be removed from office by the 2 2secretarydirector for misfeasance, malfeasance, willful 2 3 neglect of duty, or other just cause, after notice and 2 4 hearing, unless the notice and hearing is expressly waived in 2 5 writing. 2 6 Sec. 7. DIRECTIONS TO CODE EDITOR. The Code editor is 2 7 directed to transfer chapter 161, Code 2003, as amended by 2 8 this Act, to new Code chapter 460C. 2 9 DIVISION II 2 10 REGULATION OF FERTILIZERS AND SOIL CONDITIONERS 2 11 Sec. 8. Section 200.2, Code 2003, is amended to read as 2 12 follows: 2 13 200.2ENFORCING OFFICIALDEPARTMENT OF NATURAL RESOURCES 2 14 – ADMINISTRATION AND ENFORCEMENT. 2 15 This chapter shall be administered and enforced by the 2 16secretary of agriculture, hereinafter referred to as the2 17secretarydepartment. 2 18 Sec. 9. Section 200.3, Code 2003, is amended by adding the 2 19 following new subsection: 2 20 NEW SUBSECTION. 5A. "Department" means the department of 2 21 natural resources. 2 22 Sec. 10. Section 200.3, subsection 15, Code 2003, is 2 23 amended to read as follows: 2 24 15.The term "official"Official sample" means any sample 2 25 of commercial fertilizer taken by thesecretary or the2 26secretary's agentdepartment. 2 27 Sec. 11. Section 200.20, subsection 2, paragraph c, 2 28 subparagraphs (1) and (2), Code 2003, are amended to read as 2 29 follows: 2 30 (1) The land is being used to produce an agricultural 2 31 commodity that is an organic agricultural product as provided 2 32 in chapter 190C, including rules adopted by the department of 2 33 agriculture and land stewardship under that chapter. 2 34 (2) The land is in the transition of being used to produce 2 35 an agricultural commodity that is an organic agricultural 3 1 product, pursuant to rules adopted by the department of 3 2 agriculture and land stewardship as provided in chapter 190C. 3 3 Sec. 12. Section 455B.390, subsection 5, Code 2003, is 3 4 amended to read as follows: 3 5 5. The storage, transportation, handling or use of 3 6 fertilizersover which control is exercised by the state3 7secretary of agricultureunder chapter 200, except when 3 8 spillage of fertilizers creates a hazardous condition. 3 9 Sec. 13. DIRECTIONS TO CODE EDITOR. 3 10 1. The Code editor is directed to change the term 3 11 "secretary of agriculture" or "secretary" to "department" 3 12 wherever the term appears in sections 200.4, 200.5, 200.8, 3 13 200.9, 200.10, 200.13, 200.14, 200.15, 200.16, 200.17, and 3 14 200.18. 3 15 2. The Code editor is directed to transfer chapter 200, 3 16 Code 2003, as amended by this Act, to new Code chapter 460A. 3 17 DIVISION III 3 18 BULK DRY ANIMAL NUTRIENT PRODUCTS 3 19 Sec. 14. Section 200A.3, subsection 3, Code 2003, is 3 20 amended to read as follows: 3 21 3. "Department" means the department ofagriculture and3 22land stewardshipnatural resources. 3 23 Sec. 15. DIRECTIONS TO CODE EDITOR. The Code editor is 3 24 directed to transfer chapter 200A, Code 2003, as amended by 3 25 this Act, to new Code chapter 460B. 3 26 DIVISION IV 3 27 AGRICULTURAL LIMING MATERIAL 3 28 Sec. 16. Section 201A.2, Code 2003, is amended by adding 3 29 the following new subsection: 3 30 NEW SUBSECTION. 3A. "Department" means the department of 3 31 natural resources. 3 32 Sec. 17. DIRECTIONS TO CODE EDITOR. The Code editor is 3 33 directed to transfer chapter 201A, Code 2003, as amended by 3 34 this Act, to new Code chapter 460C. 3 35 DIVISION V 4 1 PESTICIDE REGULATION 4 2 Sec. 18. Section 206.2, Code 2003, is amended by adding 4 3 the following new subsection: 4 4 NEW SUBSECTION. 8A. "Department" means the department of 4 5 natural resources. 4 6 Sec. 19. Section 206.2, subsection 15, paragraph c, Code 4 7 2003, is amended to read as follows: 4 8 c. To which reference is made on the label or in 4 9 literature accompanying the pesticide or device, except when 4 10 accurate, nonmisleading reference is made to current official 4 11 publications of the United States department of agriculture or 4 12 interior, the United States public health service, the state 4 13 agricultural experiment stations, the Iowa state university, 4 14 the Iowa department of public health, the department of 4 15natural resourcesagriculture and land stewardship, or other 4 16 similar federal institutions or official agencies of this 4 17 state or other states authorized by law to conduct research in 4 18 the field of pesticides. 4 19 Sec. 20. Section 206.12, subsection 1, unnumbered 4 20 paragraph 1, Code 2003, is amended to read as follows: 4 21 Every pesticide which is distributed, sold, or offered for 4 22 sale for use within this state or delivered for transportation 4 23 or transported in intrastate commerce between points within 4 24 the state through any point outside this state shall be 4 25 registered with the departmentof agriculture and land4 26stewardship. All registration of products shall expire on the 4 27 thirty-first day of December following date of issuance, 4 28 unless such registration shall be renewed annually, in which 4 29 event expiration date shall be extended for each year of 4 30 renewal registration, or until otherwise terminated; provided 4 31 that: 4 32 Sec. 21. Section 206.25, Code 2003, is amended to read as 4 33 follows: 4 34 206.25 PESTICIDE CONTAINERS DISPOSAL. 4 35 The departmentof agriculture and land stewardship, in5 1cooperation with the department of natural resources,shall 5 2 develop a program for handling used pesticide containers which 5 3 reflects the state solid waste management policy. 5 4 Sec. 22. Section 206.32, subsection 2, Code 2003, is 5 5 amended to read as follows: 5 6 2. The department, working in conjunction with the5 7department of natural resources,shall identify existing 5 8 stocks of chlordane, shall formulate recommendations for the 5 9 safe disposal of existing stocks of chlordane, and shall make 5 10 those recommendations available to the owners of existing 5 11 stocks of chlordane. 5 12 Sec. 23. Section 455B.390, subsection 4, Code 2003, is 5 13 amended to read as follows: 5 14 4. The storage, transportation, handling, or use of 5 15 pesticidesover which control is exercised by the state5 16secretary of agricultureunder chapter 206, except when 5 17 spillage of pesticides creates a hazardous condition. 5 18 Sec. 24. Section 455B.491, subsections 1 and 2, Code 2003, 5 19 are amended to read as follows: 5 20 1. If the commission determines that an agricultural 5 21 chemical causes an unreasonable, adverse effect on humans or 5 22 the environment, the commission shall submit to thesecretary5 23of agriculturedirector its findings and recommended actions. 5 24 Thesecretary of agriculturedirector shall propose rules 5 25 implementing the recommended actions and shall hold a public 5 26 hearing to determine the effects of the proposed rules as 5 27 provided in chapter 206 after review and consideration of the 5 28 findings as provided in subsection 2 of this section. A rule 5 29 of the secretary shall be adopted pursuant to chapter 17A. 5 30 2. The commission shall submit to thesecretary of5 31agriculturedirector its findings on the unreasonable, adverse 5 32 effect that the agricultural chemical causes to humans or the 5 33 environment. Thedepartment of agriculture and land5 34stewardshipdirector shall prepare an estimate of the economic 5 35 impact of restricting the use of the agricultural chemical. 6 1 The economic impact statement, the commission's findings and 6 2 the report of the advisory committee created under section 6 3 206.23 shall be available at the time of publication of the 6 4 intended rule action by thesecretarydirector. Thesecretary6 5of agriculturedirector and the advisory committee shall 6 6 review the commission's findings and collect, analyze and 6 7 interpret any other scientific data relating to the 6 8 agricultural chemical. Thesecretarydirector and the 6 9 committee shall consider any official reports, academic 6 10 studies, expert opinions or testimony, or other matters deemed 6 11 to have probative value and shall consider the toxicity, 6 12 hazard, effectiveness, public need for the agricultural 6 13 chemical or other means of control other than the chemical in 6 14 question, and the economic impact on the members of the public 6 15 and agencies affected by it. 6 16 Sec. 25. DIRECTIONS TO CODE EDITOR. The Code editor is 6 17 directed to change the term "secretary of agriculture" or 6 18 "secretary" to "department" wherever the term appears in 6 19 sections 206.2, 206.3, 206.4, 206.5, 206.6, 206.7, 206.8, 6 20 206.9, 206.11, 206.12, 206.13, 206.14, 206.15, 206.16, 206.17, 6 21 206.18, 206.20, 206.21, 206.22, 206.23, 206.23A, 206.24, and 6 22 206.31, and to transfer chapter 206, Code 2003, as amended by 6 23 this Act, to new Code chapter 460D. 6 24 Sec. 26. EFFECTIVE DATE. This Act takes effect on January 6 25 1, 2004. 6 26 EXPLANATION 6 27 This bill transfers duties and authority relating to the 6 28 administration and enforcement of provisions relating to 6 29 fertilizers and pesticides from the department of agriculture 6 30 and land stewardship to the department of natural resources. 6 31 As part of this transfer, the Code editor is directed to 6 32 transfer Code chapters from Title V to Title XI of the Code. 6 33 The affected Code chapters include Code chapter 161 (providing 6 34 for agrichemical remediation), Code chapter 200 (regulating 6 35 fertilizers and soil conditioners), Code chapter 200A 7 1 (regulating bulk dry animal nutrient products), Code chapter 7 2 201A (regulating agricultural liming material), and Code 7 3 chapter 206 (regulating pesticides). The provisions in the 7 4 various chapters provide for the adoption of standards, 7 5 inspections, analysis, the collection of fees, and enforcement 7 6 mechanisms, including the issuance of stop orders, and the 7 7 assessment of civil penalties. 7 8 The bill takes effect on January 1, 2004. 7 9 LSB 3080XC 80 7 10 da/sh/8
Text: SSB03103 Text: SSB03105 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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