House
File
2626
H-8206
Amend
House
File
2626
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
DIVISION
I
4
DEPARTMENTAL
ORGANIZATION
5
Section
1.
Section
159.5,
subsection
7,
Code
2020,
is
6
amended
to
read
as
follows:
7
7.
Establish
and
maintain
a
marketing
news
service
bureau
8
in
the
department
which
shall,
in
cooperation
with
the
9
federal
market
news
and
grading
division
Cooperate
with
the
10
agricultural
marketing
service
of
the
United
States
department
11
of
agriculture
,
to
collect
and
disseminate
data
and
information
12
relative
to
the
market
prices
and
conditions
of
agricultural
13
products
raised,
produced,
and
handled
in
the
state.
14
Sec.
2.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
15
deemed
of
immediate
importance,
takes
effect
upon
enactment.
16
DIVISION
II
17
ANIMALS
18
PART
A
19
COMMERCIAL
ESTABLISHMENTS
20
Sec.
3.
Section
162.2A,
subsection
3,
paragraph
d,
Code
21
2020,
is
amended
by
striking
the
paragraph.
22
PART
B
23
ANIMAL
HEALTH
24
Sec.
4.
NEW
SECTION
.
163.2A
Part
——
definitions.
25
As
used
in
this
part,
unless
the
context
otherwise
requires:
26
1.
“Animal”
means
any
livestock
or
agricultural
animal
as
27
defined
in
section
717A.1.
28
2.
“Interested
person”
means
the
owner
of
an
animal;
a
29
person
caring
for
the
animal,
if
different
from
the
owner
of
30
the
animal;
or
a
person
holding
a
perfected
agricultural
lien
31
or
security
interest
in
the
animal
under
chapter
554.
32
Sec.
5.
Section
163.3,
Code
2020,
is
amended
to
read
as
33
follows:
34
163.3
Veterinary
and
special
assistants.
35
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88
da/ns
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19
#1.
The
secretary
or
the
secretary’s
designee
may
appoint
one
1
or
more
veterinarians
licensed
pursuant
to
chapter
169
in
each
2
county
as
assistant
veterinarians.
The
secretary
may
also
3
appoint
such
one
or
more
special
assistants
as
may
be
necessary
4
in
cases
of
emergency,
including
as
provided
in
section
163.3A
.
5
Sec.
6.
Section
163.3A,
subsection
1,
Code
2020,
is
amended
6
to
read
as
follows:
7
1.
The
department
may
provide
veterinary
emergency
8
preparedness
and
response
services
necessary
to
prevent
or
9
control
a
serious
threat
to
the
public
health,
public
safety,
10
or
the
state’s
economy
caused
by
the
transmission
of
disease
11
among
livestock
as
defined
in
section
717.1
or
agricultural
12
animals
as
defined
in
section
717A.1
.
The
services
may
include
13
measures
necessary
to
ensure
that
all
such
animals
carrying
14
disease
are
properly
identified,
segregated,
treated,
or
15
destroyed
as
provided
in
this
Code.
16
Sec.
7.
Section
163.3C,
subsection
1,
Code
2020,
is
amended
17
by
striking
the
subsection.
18
Sec.
8.
Section
163.3C,
subsection
2,
unnumbered
paragraph
19
1,
Code
2020,
is
amended
to
read
as
follows:
20
The
department
shall
develop
and
establish
a
foreign
animal
21
disease
preparedness
and
response
strategy
for
use
by
the
22
department
in
order
to
prevent,
control,
or
eradicate
the
23
transmission
of
foreign
animal
diseases
among
populations
24
of
livestock
animals
.
The
strategy
may
be
part
of
the
25
department’s
veterinary
emergency
preparedness
and
response
26
services
as
provided
in
section
163.3A
.
The
strategy
shall
27
provide
additional
expertise
and
resources
to
increase
28
biosecurity
efforts
that
assist
in
the
prevention
of
a
foreign
29
animal
disease
outbreak
in
this
state.
In
developing
and
30
establishing
the
strategy,
the
department
shall
consult
with
31
interested
persons
including
but
not
limited
to
the
following:
32
Sec.
9.
Section
163.3C,
subsection
3,
Code
2020,
is
amended
33
to
read
as
follows:
34
3.
The
department
shall
implement
the
foreign
animal
35
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19
disease
preparedness
and
response
strategy
if
necessary
to
1
prevent,
control,
or
eradicate
the
transmission
and
incidence
2
of
foreign
animal
diseases
that
may
threaten
or
actually
3
threaten
livestock
animals
in
this
state.
In
implementing
4
the
strategy,
the
department
may
utilize
emergency
response
5
measures
as
otherwise
required
under
section
163.3A
.
The
6
department
may
but
is
not
required
to
consult
with
interested
7
persons
when
implementing
the
strategy.
8
Sec.
10.
NEW
SECTION
.
163.3D
Emergency
measures
——
9
abandoned
animals
——
authorization
and
seizure.
10
1.
a.
The
department
may
seize
one
or
more
abandoned
11
animals
pursuant
to
an
authorization
providing
emergency
12
measures
to
prevent
or
control
the
transmission
of
an
13
infectious
or
contagious
disease
among
any
population
or
14
species
of
animals.
15
b.
The
authorization
must
be
any
of
the
following:
16
(1)
A
declaration
or
proclamation
issued
by
the
governor
17
pursuant
to
chapter
29C,
including
as
provided
in
section
18
163.3A.
19
(2)
An
order
issued
by
the
secretary
or
the
secretary’s
20
designee
pursuant
to
a
provision
in
this
subtitle.
21
(3)
Any
other
provision
of
law
in
this
subtitle
that
22
requires
the
department
to
control
the
transmission
of
an
23
infectious
or
contagious
disease
among
a
population
or
species
24
of
animals
in
this
state.
25
c.
If
there
is
a
conflict
between
a
measure
authorized
to
26
be
taken
under
paragraph
“a”
,
that
is
less
restrictive
than
the
27
standards
or
procedures
provided
in
this
section,
the
measures
28
authorized
to
be
taken
under
paragraph
“a”
shall
prevail.
29
2.
The
department
may
appoint
veterinary
assistants
or
30
special
assistants
as
provided
in
section
163.3
as
required
to
31
administer
this
section.
32
3.
It
is
presumed
that
an
abandoned
animal
belonging
to
a
33
species
subject
to
emergency
measures
as
provided
in
subsection
34
1
has
been
exposed
to
an
infectious
or
contagious
disease
as
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19
provided
in
the
authorization.
1
4.
As
part
of
the
seizure
of
an
abandoned
animal,
the
2
department
may
take,
impound,
and
retain
custody
of
the
animal,
3
including
by
maintaining
the
animal
in
a
manner
and
at
a
4
location
determined
by
the
department
to
be
reasonable
under
5
the
emergency
circumstances.
The
department
may
take
action
as
6
provided
in
this
subtitle
to
ensure
that
all
animals
exposed
to
7
an
infectious
or
contagious
disease
are
properly
identified,
8
tested,
segregated,
treated,
or
destroyed
as
provided
in
this
9
subtitle.
10
5.
a.
The
department
may
seize
an
animal
if
the
department
11
has
a
reasonable
suspicion
the
animal
has
been
abandoned,
12
including
by
entering
onto
public
or
private
property
or
into
a
13
private
motor
vehicle,
trailer,
or
semitrailer
parked
on
public
14
or
private
property,
as
provided
in
this
subsection.
15
b.
The
department
may
enter
onto
private
property
or
into
16
a
private
motor
vehicle,
trailer,
or
semitrailer
to
seize
an
17
abandoned
animal
if
the
department
obtains
a
search
warrant
18
issued
by
a
court,
or
enters
onto
the
premises
in
a
manner
19
consistent
with
the
laws
of
this
state
and
the
United
States,
20
including
Article
I,
section
8,
of
the
Constitution
of
the
21
State
of
Iowa,
or
the
fourth
amendment
to
the
Constitution
of
22
the
United
States.
23
c.
An
abandoned
animal
shall
only
be
seized
by
the
24
department
pursuant
to
the
following
conditions:
25
(1)
The
department
provides
written
notice
of
its
26
abandonment
determination
to
all
reasonably
identifiable
27
interested
persons.
The
department
shall
make
a
good-faith
28
effort
to
provide
the
notice
to
interested
persons
by
regular
29
mail,
hand
delivery,
telephone,
electronic
mail,
or
other
30
reasonable
means.
The
notice
shall
include
all
of
the
31
following:
32
(a)
The
name
and
address
of
the
department.
33
(b)
A
description
of
the
animal
subject
to
seizure.
34
(c)
The
delivery
date
of
the
notice.
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(d)
A
statement
informing
the
interested
person
that
the
1
animal
may
be
seized
pursuant
to
this
chapter
within
one
day
2
following
the
delivery
date
of
the
notice.
The
statement
3
must
specify
a
date,
time,
and
location
for
delivery
of
the
4
interested
person’s
response
designated
by
the
department,
as
5
provided
in
this
subsection.
6
(e)
A
statement
informing
the
interested
person
that
in
7
order
to
avoid
seizure
of
the
animal,
the
person
must
respond
8
to
the
notice
in
writing,
stating
that
the
animal
has
not
been
9
abandoned
and
identifying
what
measures
are
being
taken
to
care
10
for
and
manage
the
animal.
11
(2)
Notwithstanding
subparagraph
(1),
if
the
department
12
determines
that
it
is
not
feasible
to
provide
direct
notice
13
of
its
abandonment
determination
to
an
interested
person,
14
the
department
shall
deliver
a
constructive
notice
of
the
15
determination
to
that
person
by
any
reasonable
manner,
which
16
may
include
posting
the
notice
at
or
near
the
place
where
17
the
animal
is
located.
The
department
shall
also
post
the
18
constructive
notice
on
the
department’s
internet
site.
19
d.
The
department
may
seize
the
animal
if
the
department
20
fails
to
receive
a
written
response
by
the
interested
person
by
21
the
end
of
normal
office
hours
of
the
next
day
the
department
22
is
available
to
receive
the
response
after
written
notice
of
23
the
department’s
abandonment
determination
is
delivered.
24
e.
Upon
a
determination
by
the
department
that
exigent
25
circumstances
exist,
the
department
may
enter
onto
private
26
property
without
a
warrant
and
may
seize
an
abandoned
animal,
27
in
a
manner
consistent
with
the
laws
of
this
state
and
28
the
United
States,
including
Article
I,
section
8,
of
the
29
Constitution
of
the
State
of
Iowa,
or
the
fourth
amendment
to
30
the
Constitution
of
the
United
States.
31
6.
If
an
animal
is
seized
pursuant
to
this
section,
the
32
department
shall
post
a
notice
in
a
conspicuous
place
at
the
33
location
where
the
animal
was
seized.
The
notice
shall
state
34
the
animal
has
been
seized
by
the
department
pursuant
to
this
35
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19
section
and
at
least
briefly
describe
where
and
when
the
animal
1
was
seized,
the
species
and
number
of
animals
seized,
and
that
2
a
dispositional
proceeding
is
to
be
conducted
pursuant
to
3
section
163.3E.
4
Sec.
11.
NEW
SECTION
.
163.3E
Emergency
measures
——
5
abandoned
animals
——
dispositional
proceeding.
6
1.
a.
The
department
shall
file
a
petition
with
the
7
district
court
for
the
disposition
of
an
animal
seized
pursuant
8
to
section
163.3D
as
soon
as
practicable.
9
b.
The
court
shall
notify
the
department
and
all
interested
10
persons
of
the
dispositional
proceeding
in
a
manner
determined
11
reasonable
by
the
court.
The
court
shall
hear
the
matter
12
within
twenty-four
hours
from
the
time
the
department’s
13
petition
is
filed.
The
court
may
grant
a
continuance
by
a
14
motion
of
the
department
or
upon
petition
by
an
interested
15
person.
However,
the
interested
person
shall
post
a
bond
or
16
other
security
with
the
department
in
an
amount
determined
by
17
the
court,
which
shall
not
be
more
than
the
amount
sufficient
18
to
provide
for
the
maintenance
of
the
animal
for
the
duration
19
of
the
continuance.
20
2.
Upon
a
determination
by
the
department
that
exigent
21
circumstances
exist,
the
dispositional
proceeding
may
be
22
conducted
by
an
administrative
law
judge
in
the
same
manner
23
as
an
emergency
adjudicative
proceeding
pursuant
to
section
24
17A.18A.
The
administrative
law
judge
shall
notify
the
25
department
and
all
interested
persons
of
the
dispositional
26
proceeding
in
a
manner
determined
reasonable
by
the
27
administrative
law
judge
given
the
circumstances
in
the
case.
28
The
procedures
provided
in
this
section
may
be
supplemented
29
or
modified
by
a
declaration
or
proclamation
issued
by
the
30
governor
or
an
order
issued
by
the
secretary
or
the
secretary’s
31
designee
pursuant
to
section
163.3D.
32
3.
a.
A
court
or
administrative
law
judge
shall
issue
an
33
order
for
the
disposition
of
the
animal
after
making
any
of
the
34
following
determinations:
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(1)
That
no
interested
person
holds
a
legal
interest
in
1
the
seized
animal.
In
that
case,
the
animal
shall
be
deemed
2
abandoned
and
the
order
shall
extinguish
all
prior
legal
3
interests
in
the
animal.
The
order
shall
grant
an
undivided
4
ownership
interest
in
the
animal
free
from
any
security
5
interest
or
other
agricultural
lien
or
encumbrance
to
the
6
department.
7
(2)
That
an
interested
person
holds
a
legal
interest
in
8
the
seized
animal,
and
the
department
has
reasonable
suspicion
9
to
believe
that
the
animal
has
been
exposed
to
an
infectious
10
or
contagious
disease.
In
that
case,
the
order
shall
provide
11
for
the
disposition
of
the
animal
in
the
same
manner
as
if
the
12
department
had
identified
the
animal
as
having
been
exposed
to
13
the
infectious
or
contagious
disease
under
the
authorization
14
provided
in
section
163.3D.
15
(3)
That
a
person
holds
a
legal
interest
in
the
seized
16
animal,
and
there
is
no
reasonable
suspicion
that
the
seized
17
animal
has
been
exposed
to
an
infectious
or
contagious
disease.
18
In
that
case,
the
order
shall
direct
the
department
to
transfer
19
custody
of
the
animal
to
the
interested
person.
In
the
event
20
the
animal
is
returned
to
the
interested
person,
the
department
21
shall
not
be
subject
to
any
claim
for
damages
caused
by
the
22
seizure
if
the
department’s
actions
were
taken
pursuant
to
23
the
department’s
emergency
efforts
to
establish
and
maintain
24
quarantine
in
response
to
a
disease
outbreak,
as
set
forth
in
25
section
669.14,
subsection
3.
26
b.
A
reasonable
suspicion
asserted
by
the
department
may
27
be
based
on
any
credible
evidence
that
shows
the
animal’s
28
possible
exposure
to
an
infectious
or
contagious
disease
or
the
29
animal
was
abandoned.
This
paragraph
“b”
does
not
require
the
30
department
to
conduct
a
test
of
an
animal
to
determine
whether
31
an
animal
has
been
exposed.
32
c.
If
two
or
more
interested
parties
may
be
transferred
33
custody
of
an
animal
by
the
department
pursuant
to
paragraph
34
“a”
,
subparagraph
(3),
the
court
or
administrative
law
judge
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19
shall
order
the
department
to
transfer
the
animal
to
the
owner
1
or
otherwise
to
the
interested
person
best
able
to
care
for
the
2
animal
without
prejudicing
the
rights
of
any
other
interested
3
person.
However,
in
any
cause
of
action
brought
by
an
4
interested
person
contesting
the
order
to
transfer
under
this
5
subsection,
the
department
shall
not
be
included
as
a
party.
6
4.
a.
In
a
dispositional
proceeding
conducted
by
a
court
or
7
administrative
law
judge
under
this
section,
or
in
a
separate
8
cause
of
action
brought
by
the
department
against
an
interested
9
person,
the
court
or
administrative
law
judge
may
award
the
10
department
all
of
the
following:
11
(1)
An
amount
necessary
to
reimburse
the
department
for
12
expenses
incurred
in
seizing
and
maintaining
an
abandoned
13
animal
as
well
as
any
costs
for
the
disposition
of
the
14
abandoned
animal.
15
(2)
Expenses
related
to
the
investigation
and
adjudication
16
of
the
case.
17
b.
In
a
dispositional
proceeding
conducted
by
a
court
under
18
this
section,
or
in
a
separate
cause
of
action
brought
by
the
19
department
against
an
interested
person,
the
court
may
award
20
the
department
court
costs
and
reasonable
attorney
fees.
21
c.
An
award
ordered
under
this
subsection
shall
be
paid
22
by
an
interested
party
who
is
transferred
a
seized
animal
by
23
the
court
or
administrative
law
judge,
or
the
owner
of
the
24
seized
animal
as
determined
by
the
court
or
administrative
law
25
judge.
The
amount
awarded
the
department
shall
be
subtracted
26
from
the
proceeds,
if
any,
received
by
the
department
from
the
27
disposition
of
the
animal.
Any
amount
awarded
by
a
court
shall
28
be
taxed
as
part
of
the
costs
of
the
cause
of
action.
29
d.
If
more
than
one
interested
person
holds
a
legal
interest
30
in
the
animal,
the
court
or
administrative
law
judge
shall
31
calculate
the
respective
contributions
of
the
interested
32
persons
based
upon
the
percentage
of
legal
interest
in
the
33
seized
animal
held
by
each
interested
person.
The
amount
paid
34
to
the
department
shall
be
sufficient
to
allow
the
department
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to
repay
the
livestock
remediation
fund
as
provided
in
section
1
459.501
and
fully
reimburse
the
department
for
all
costs,
fees,
2
and
expenses
incurred
by
the
department
under
this
section.
3
Sec.
12.
NEW
SECTION
.
163.3F
Interference
with
official
4
acts.
5
1.
A
person
shall
not
interfere
with
an
official
act
of
the
6
department
taken
in
the
performance
of
a
duty
to
prevent
or
7
control
the
transmission
of
an
infectious
or
contagious
disease
8
among
a
population
or
species
of
animals,
if
the
official
act
9
is
authorized
as
part
of
any
of
the
following:
10
a.
A
veterinary
emergency
preparedness
and
response
service
11
pursuant
to
section
163.3A.
12
b.
A
foreign
animal
disease
preparedness
and
response
13
strategy
pursuant
to
section
163.3C.
14
c.
An
emergency
measure
pursuant
to
section
163.3D
or
15
163.3E.
16
2.
Under
this
section,
an
official
act
of
the
department
17
may
be
performed
by
a
departmental
employee,
or
a
veterinary
or
18
special
assistant
appointed
pursuant
to
section
163.3.
19
Sec.
13.
NEW
SECTION
.
163.33
Feral
swine.
20
1.
“Feral
swine”
means
any
swine
running
at
large.
21
2.
A
person
shall
not
knowingly
release
swine
to
become
22
feral
swine.
23
3.
Upon
discovery
of
feral
swine
on
public
or
private
24
property,
the
department
may
destroy
or
order
the
destruction
25
of
the
feral
swine.
However,
the
department
shall
not
destroy
26
the
feral
swine
or
order
the
feral
swine’s
destruction,
unless
27
the
department
concludes,
after
conducting
a
reasonable
inquiry
28
in
the
area
where
the
feral
swine
is
located,
that
the
feral
29
swine’s
ownership
cannot
be
determined.
The
department
may
30
call
upon
a
peace
officer
or
appropriate
state
or
federal
31
agency,
including
but
not
limited
to
the
department
of
natural
32
resources
or
the
department
of
public
safety,
to
enforce
this
33
section
as
set
forth
in
section
159.16.
34
4.
A
person
may
destroy
feral
swine
if
the
feral
swine
is
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on
the
person’s
property
or
is
damaging
the
person’s
personal
1
property.
The
person
shall
immediately
notify
the
department
2
of
the
destruction
of
the
feral
swine
and
allow
for
possible
3
testing
of
the
feral
swine
by
the
department.
4
5.
This
section
shall
not
be
construed
to
limit
the
powers
5
of
the
department
otherwise
granted
by
law.
6
Sec.
14.
Section
163.61,
subsection
3,
Code
2020,
is
amended
7
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
c.
A
person
who
interferes
with
an
official
9
act
as
provided
in
section
163.3F
shall
be
subject
to
a
civil
10
penalty
of
at
least
one
hundred
dollars
but
not
more
than
ten
11
thousand
dollars.
In
the
case
of
a
continuing
violation,
12
each
day
of
the
continuing
violation
is
a
separate
violation.
13
However,
a
person
shall
not
be
subject
to
a
civil
penalty
14
totaling
more
than
two
hundred
fifty
thousand
dollars
arising
15
out
of
the
same
violation.
16
Sec.
15.
Section
459.501,
subsection
3,
paragraph
a,
Code
17
2020,
is
amended
by
adding
the
following
new
subparagraph:
18
NEW
SUBPARAGRAPH
.
(3)
(a)
To
allocate
moneys
to
the
19
department
of
agriculture
and
land
stewardship
for
the
payment
20
of
expenses
incurred
by
the
department
of
agriculture
and
land
21
stewardship
associated
with
all
of
the
following:
22
(i)
Providing
for
seizure
of
animals
pursuant
to
sections
23
169.3D
and
169.3E.
24
(ii)
Court
costs,
reasonable
attorney
fees,
and
expenses
25
related
to
the
investigation
and
prosecution
of
the
case
26
arising
from
the
seizure
of
animals.
27
(b)
The
department
of
natural
resources
shall
allocate
28
any
amount
of
unencumbered
and
unobligated
moneys
demanded
in
29
writing
by
the
department
of
agriculture
and
land
stewardship
30
as
provided
in
this
subparagraph.
The
department
of
natural
31
resources
shall
complete
the
allocation
upon
receiving
the
32
demand.
33
(c)
The
department
of
agriculture
and
land
stewardship
34
shall
repay
the
fund
any
amount
received
from
an
interested
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person
pursuant
to
an
order
by
a
court
in
a
dispositional
1
proceeding
conducted
pursuant
to
section
163.3E.
2
Sec.
16.
REPEAL.
Section
166D.3,
Code
2020,
is
repealed.
3
Sec.
17.
CODE
EDITOR
DIRECTIVE.
4
1.
The
Code
editor
is
directed
to
make
the
following
5
transfer:
6
Section
163.3
to
section
163.3G.
7
2.
The
Code
editor
shall
correct
internal
references
in
the
8
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
9
enactment
of
this
section.
10
Sec.
18.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
shall
11
divide
chapter
163,
subchapter
I,
into
parts,
including
12
sections
163.1
and
163.2
as
part
A,
sections
163.2A
through
13
163.5,
including
sections
amended
or
enacted
as
provided
in
14
this
part
of
this
division
of
this
Act,
as
part
B,
and
sections
15
163.6
through
163.25
as
part
C.
16
PART
C
17
FOOD
ANIMALS
18
Sec.
19.
NEW
SECTION
.
716.7A
Food
operation
trespass.
19
1.
As
used
in
this
section,
unless
the
context
otherwise
20
requires:
21
a.
“Apiary”
and
“bee”
mean
the
same
as
defined
in
section
22
160.1A.
23
b.
“Food
animal”
means
an
animal
belonging
to
the
bovine,
24
caprine,
ovine,
or
porcine
species;
farm
deer
as
defined
in
25
section
170.1;
turkeys,
chickens,
or
other
poultry;
fish
or
26
other
aquatic
organisms
confined
in
private
waters
for
human
27
consumption;
or
bees.
28
c.
“Food
establishment”
,
“food
processing
plant”
,
and
29
“farmers
market”
mean
the
same
as
defined
in
section
137F.1.
30
d.
“Food
operation”
means
any
of
the
following:
31
(1)
A
location
where
a
food
animal
is
produced,
maintained,
32
or
otherwise
housed
or
kept,
or
processed
in
any
manner.
33
(2)
A
location
other
than
as
described
in
subparagraph
(1)
34
where
a
food
animal
is
kept,
including
an
apiary,
livestock
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market,
vehicle
or
trailer
attached
to
a
vehicle,
fair,
1
exhibition,
or
a
business
operated
by
a
person
licensed
to
2
practice
veterinary
medicine
pursuant
to
chapter
169.
3
(3)
A
location
where
a
meat
food
product,
poultry
product,
4
milk
or
milk
product,
eggs
or
an
egg
product,
aquatic
product,
5
or
honey
is
prepared
for
human
consumption,
including
a
food
6
processing
plant,
a
slaughtering
establishment
operating
under
7
the
provisions
of
21
U.S.C.
§451
et
seq.
or
21
U.S.C.
§601
8
et
seq.;
or
a
slaughtering
establishment
subject
to
state
9
inspection
as
provided
in
chapter
189A.
10
(4)
A
food
establishment
or
farmers
market
that
sells
or
11
offers
for
sale
a
meat
food
product,
poultry
product,
milk
12
or
milk
product,
eggs
or
an
egg
product,
aquatic
product,
or
13
honey.
14
e.
“Meat
food
product”
,
“poultry
product”
,
and
“prepared”
15
mean
the
same
as
defined
in
section
189A.2.
16
2.
A
person
commits
food
operation
trespass
by
entering
17
or
remaining
on
the
property
of
a
food
operation
without
the
18
consent
of
a
person
who
has
real
or
apparent
authority
to
allow
19
the
person
to
enter
or
remain
on
the
property.
20
3.
Subsection
2
does
not
apply
to
any
of
the
following:
21
a.
A
person
entering
a
right-of-way,
if
the
person
has
not
22
been
notified
or
requested
by
posted
signage
or
other
means
to
23
abstain
from
entering
onto
the
right-of-way
or
to
vacate
the
24
right-of-way.
25
b.
A
person
having
lawful
authority
to
enter
onto
the
26
property
of
the
food
operation,
including
but
not
limited
to
a
27
federal,
state,
or
local
government
official.
28
c.
A
person
who
is
given
express
permission
by
the
owner
of
29
the
food
operation
to
enter
onto
or
remain
on
the
property
of
30
the
food
operation.
31
d.
A
person
employed
by
a
food
operation
while
acting
in
the
32
course
of
employment.
33
Sec.
20.
Section
716.8,
Code
2020,
is
amended
by
adding
the
34
following
new
subsection:
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NEW
SUBSECTION
.
8.
a.
For
a
first
offense,
a
person
who
1
commits
food
operation
trespass
is
guilty
of
an
aggravated
2
misdemeanor.
3
b.
For
a
second
or
subsequent
offense,
a
person
who
commits
4
food
operation
trespass
is
guilty
of
a
class
“D”
felony.
5
PART
D
6
EFFECTIVE
DATE
7
Sec.
21.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
8
deemed
of
immediate
importance,
takes
effect
upon
enactment.
9
DIVISION
III
10
FERTILIZERS
AND
SOIL
CONDITIONERS
11
Sec.
22.
Section
200.3,
subsection
24,
Code
2020,
is
amended
12
by
striking
the
subsection.
13
Sec.
23.
Section
200.14,
Code
2020,
is
amended
to
read
as
14
follows:
15
200.14
Rules.
16
1.
a.
The
secretary
is
authorized,
after
public
hearing,
17
following
due
notice,
to
department
may
adopt
rules
setting
18
forth
pursuant
to
chapter
17A
providing
minimum
general
19
safety
standards
for
the
design,
construction,
location,
20
installation
,
and
operation
of
equipment
for
storage,
handling,
21
transportation
by
tank
truck
or
tank
trailer,
and
utilization
22
of
anhydrous
ammonia
fertilizers
and
soil
conditioners
.
23
a.
b.
The
rules
shall
be
such
as
are
reasonably
necessary
24
for
the
protection
and
safety
of
the
public
and
persons
using
25
anhydrous
ammonia
fertilizers
or
soil
conditioners
,
and
shall
26
be
in
substantial
conformity
with
the
generally
accepted
27
standards
of
safety.
28
b.
Rules
that
are
in
substantial
conformity
with
the
29
published
standards
of
the
agricultural
ammonia
institute
for
30
the
design,
installation
and
construction
of
containers
and
31
pertinent
equipment
for
the
storage
and
handling
of
anhydrous
32
ammonia,
shall
be
deemed
to
be
in
substantial
conformity
with
33
the
generally
accepted
standards
of
safety.
34
2.
c.
Anhydrous
ammonia
Fertilizer
and
soil
conditioner
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equipment
shall
be
installed
and
maintained
in
a
safe
operating
1
condition
and
in
conformity
with
rules
adopted
by
the
secretary
2
department
.
3
3.
2.
The
secretary
shall
enforce
this
chapter
and,
after
4
due
publicity
and
due
public
hearing,
department
may
adopt
such
5
reasonable
rules
as
may
be
necessary
in
order
to
carry
into
6
effect
the
purpose
,
and
intent
and
to
secure
the
efficient
7
administration
,
of
this
chapter
.
8
4.
3.
This
chapter
does
not
prohibit
the
use
of
storage
9
tanks
smaller
than
transporting
tanks
nor
the
transfer
of
all
10
kinds
of
fertilizer
including
anhydrous
ammonia
fertilizers
11
or
soil
conditioners
directly
from
transporting
tanks
to
12
implements
of
husbandry,
if
proper
safety
precautions
are
13
observed.
14
Sec.
24.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
15
deemed
of
immediate
importance,
takes
effect
upon
enactment.
16
DIVISION
IV
17
WEIGHTS
AND
MEASURES
18
PART
A
19
GENERAL
20
Sec.
25.
Section
214.1,
Code
2020,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
7.
“Weighmaster”
means
a
person
who
keeps
23
and
regularly
uses
a
commercial
weighing
and
measuring
device
24
to
accurately
weigh
objects
for
others
as
part
of
the
person’s
25
business
operated
on
a
profit,
cooperative,
or
nonprofit
basis.
26
Sec.
26.
Section
214.3,
subsection
1,
Code
2020,
is
amended
27
to
read
as
follows:
28
1.
The
A
license
issued
by
the
department
for
the
inspection
29
of
a
commercial
weighing
and
measuring
device
shall
expire
on
30
December
31
of
each
year,
and
for
a
motor
fuel
pump
on
June
30
31
of
each
year.
The
amount
of
the
fee
due
for
each
license
shall
32
be
as
provided
in
subsection
3
,
except
that
the
fee
for
a
motor
33
fuel
pump
shall
be
four
dollars
and
fifty
cents
if
paid
within
34
one
month
from
the
date
the
license
is
due.
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Sec.
27.
Section
214.3,
subsection
3,
paragraph
e,
1
subparagraph
(2),
Code
2020,
is
amended
to
read
as
follows:
2
(2)
Retail
motor
fuel
pump,
nine
four
dollars
and
fifty
3
cents
.
4
Sec.
28.
Section
214.4,
subsection
1,
unnumbered
paragraph
5
1,
Code
2020,
is
amended
to
read
as
follows:
6
If
the
department
does
not
receive
payment
of
the
license
7
fee
required
pursuant
to
section
214.3
within
one
month
from
8
the
due
date,
the
department
shall
send
deliver
a
notice
to
9
the
owner
or
operator
of
the
device.
The
notice
shall
be
10
delivered
by
certified
mail.
The
notice
shall
state
all
of
the
11
following:
12
Sec.
29.
Section
214.6,
Code
2020,
is
amended
to
read
as
13
follows:
14
214.6
Oath
Duties
of
weighmasters
weighmaster
.
15
All
persons
keeping
a
commercial
weighing
and
measuring
16
device,
before
entering
upon
their
duties
as
weighmasters,
A
17
weighmaster
shall
be
sworn
before
some
person
having
authority
18
to
administer
oaths,
to
keep
their
ensure
that
a
commercial
19
weighing
and
measuring
device
is
correctly
balanced
,
to
make
20
true
weights,
and
to
shall
render
a
correct
account
to
the
21
person
having
weighing
done.
22
Sec.
30.
Section
214.11,
Code
2020,
is
amended
to
read
as
23
follows:
24
214.11
Inspections
——
recalibrations
——
penalty.
25
1.
The
department
shall
provide
for
annual
inspections
26
of
all
motor
fuel
pumps,
including
but
not
limited
to
motor
27
fuel
blender
pumps,
licensed
under
this
chapter
.
Inspections
28
shall
be
for
the
purpose
of
determining
the
accuracy
of
the
29
pumps’
measuring
mechanisms,
and
for
such
and
correctness
of
30
motor
fuel
pumps.
For
that
purpose
the
department’s
inspectors
31
may
enter
upon
the
premises
of
any
wholesale
dealer
or
retail
32
dealer
,
as
they
are
defined
in
section
214A.1
,
of
motor
fuel
33
or
fuel
oil
within
this
state
.
34
2.
Upon
completion
of
an
inspection,
the
inspector
shall
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affix
the
department’s
seal
to
the
measuring
mechanism
of
the
1
motor
fuel
pump.
The
seal
shall
be
appropriately
marked,
2
dated,
and
recorded
by
the
inspector.
If
the
owner
of
an
3
inspected
and
sealed
motor
fuel
pump
is
registered
with
the
4
department
as
a
servicer
in
accordance
with
section
215.23
,
5
or
employs
a
person
so
registered
as
a
servicer,
the
owner
6
or
other
servicer
may
open
the
motor
fuel
pump,
break
the
7
department’s
seal,
recalibrate
the
measuring
mechanism
if
8
necessary,
and
reseal
the
motor
fuel
pump
as
long
as
the
9
department
is
notified
of
the
recalibration
within
forty-eight
10
hours,
on
a
form
in
a
manner
provided
by
the
department.
11
2.
3.
A
person
violating
a
provision
of
this
section
is,
12
upon
conviction,
guilty
of
a
simple
misdemeanor.
13
PART
B
14
MOTOR
FUEL
15
Sec.
31.
Section
214A.2A,
subsection
1,
Code
2020,
is
16
amended
to
read
as
follows:
17
1.
Fuel
which
is
sold
or
is
kept,
offered,
or
exposed
for
18
sale
as
kerosene
shall
be
labeled
as
kerosene.
The
label
19
shall
include
the
word
“kerosene”
and
a
or
the
designation
as
20
either
“K1”
or
“K2”
“K1
kerosene”
,
and
shall
indicate
that
21
the
kerosene
is
in
compliance
with
the
standard
specification
22
adopted
by
A.S.T.M.
international
specification
D3699
(1982).
23
Sec.
32.
REPEAL.
Section
214A.15,
Code
2020,
is
repealed.
24
PART
C
25
INSPECTIONS
26
Sec.
33.
Section
215.4,
Code
2020,
is
amended
to
read
as
27
follows:
28
215.4
Tag
for
inaccurate
or
incorrect
device
——
reinspection
29
——
license
fee.
30
A
commercial
weighing
and
measuring
device
found
to
be
31
inaccurate
or
incorrect
upon
inspection
by
the
department
32
shall
be
rejected
or
tagged
“condemned
until
repaired”
and
33
the
“licensed
for
commercial
use”
inspection
sticker
shall
be
34
removed.
If
notice
is
received
by
the
department
that
the
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device
has
been
repaired
and
upon
reinspection
the
device
is
1
found
to
be
accurate
or
correct,
the
a
license
fee
shall
not
2
may
be
charged
for
the
reinspection.
However,
a
second
license
3
fee
shall
be
charged
if
upon
reinspection
the
device
is
found
4
to
be
inaccurate.
The
device
shall
be
tagged
“condemned”
and
5
removed
from
service
if
a
third
reinspection
fails.
6
Sec.
34.
Section
215.7,
Code
2020,
is
amended
to
read
as
7
follows:
8
215.7
Transactions
by
false
weights
or
measures.
9
1.
A
person
shall
be
deemed
to
have
violated
the
provisions
10
of
this
chapter
and
shall
be
punished
as
provided
in
chapter
11
189
,
if
the
person
does
any
of
the
following
apply
:
12
1.
a.
The
person
sells
Sells
,
trades,
delivers,
charges
13
for,
or
claims
to
have
delivered
to
a
purchaser
an
amount
14
of
any
commodity
which
is
less
in
weight
or
measure
than
15
that
which
is
asked
for,
agreed
upon,
claimed
to
have
been
16
delivered,
or
noted
on
the
delivery
ticket.
17
2.
b.
The
person
makes
Makes
a
settlement
for
or
enters
18
a
credit,
based
upon
any
false
weight
or
measurement,
for
any
19
commodity
purchased.
20
3.
c.
The
person
makes
Makes
a
settlement
for
or
enters
21
a
credit,
based
upon
any
false
weight
or
measurement,
for
any
22
labor
where
the
price
of
producing
or
mining
is
determined
by
23
weight
or
measure.
24
4.
d.
The
person
records
Records
a
false
weight
or
25
measurement
upon
the
weight
ticket
or
book.
26
2.
The
department
may
adopt
rules
pursuant
to
chapter
17A
27
that
allow
for
reasonable
variations
and
exceptions
for
small
28
packages.
29
3.
A
person
who
violates
this
section
is
guilty
of
a
simple
30
misdemeanor.
31
Sec.
35.
Section
215.23,
Code
2020,
is
amended
to
read
as
32
follows:
33
215.23
Servicer’s
license.
34
1.
A
servicer
shall
not
install,
service,
or
repair
a
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commercial
weighing
and
measuring
device
until
the
servicer
1
has
demonstrated
that
the
servicer
has
available
adequate
2
testing
equipment,
and
that
the
servicer
possesses
a
working
3
knowledge
of
all
devices
the
servicer
intends
to
install
or
4
repair
and
of
all
appropriate
weights,
measures,
statutes,
and
5
rules,
as
evidenced
by
passing
a
qualifying
examination
to
6
be
conducted
by
the
department
and
obtaining
a
license.
The
7
secretary
of
agriculture
shall
establish
by
rule
pursuant
to
8
chapter
17A
,
requirements
for
and
contents
of
the
examination.
9
The
department
may
adopt
rules
pursuant
to
chapter
17A
setting
10
forth
qualification
requirements
for
persons
applying
for
a
11
servicer’s
license,
including
an
examination.
12
2.
In
determining
these
a
servicer’s
qualifications,
the
13
secretary
shall
department
may
consider
the
specifications
14
of
the
United
States
national
institute
of
standards
and
15
technology,
handbook
44,
“Specifications,
Tolerances,
and
16
Technical
Requirements
for
Weighing
and
Measuring
Devices”,
17
or
the
current
successor
or
equivalent
specifications
adopted
18
by
the
United
States
national
institute
of
standards
and
19
technology.
20
3.
The
secretary
shall
department
may
require
an
annual
the
21
payment
of
license
fee
of
not
more
than
five
dollars
for
an
22
amount
established
by
rule
for
each
license
issued
under
this
23
section
.
24
4.
Each
A
license
shall
expire
one
year
two
years
from
its
25
date
of
issuance.
26
Sec.
36.
REPEAL.
Sections
215.3
and
215.8,
Code
2020,
are
27
repealed.
28
PART
D
29
EFFECTIVE
DATE
30
Sec.
37.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
31
deemed
of
immediate
importance,
takes
effect
upon
enactment.
>
32
2.
Title
page,
by
striking
lines
1
through
4
and
inserting
33
<
An
Act
relating
to
agriculture
and
the
powers
and
duties
of
34
the
department
of
agriculture
and
land
stewardship,
including
35
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19
by
providing
for
administration,
programs,
and
regulations,
1
providing
fees,
providing
penalties,
making
penalties
2
applicable,
and
including
effective
date
provisions.
>
3
______________________________
ZUMBACH
of
Linn
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(2)
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da/ns
19/
19