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 -1- HF2626.4080 (2) 88 da/ns 1/ 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 -2- HF2626.4080 (2) 88 da/ns 2/ 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 35 -3- HF2626.4080 (2) 88 da/ns 3/ 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. 35 -4- HF2626.4080 (2) 88 da/ns 4/ 19

(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 -5- HF2626.4080 (2) 88 da/ns 5/ 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: 35 -6- HF2626.4080 (2) 88 da/ns 6/ 19

(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 35 -7- HF2626.4080 (2) 88 da/ns 7/ 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 35 -8- HF2626.4080 (2) 88 da/ns 8/ 19

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 35 -9- HF2626.4080 (2) 88 da/ns 9/ 19

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 35 -10- HF2626.4080 (2) 88 da/ns 10/ 19

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 35 -11- HF2626.4080 (2) 88 da/ns 11/ 19

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: 35 -12- HF2626.4080 (2) 88 da/ns 12/ 19

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 35 -13- HF2626.4080 (2) 88 da/ns 13/ 19

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. 35 -14- HF2626.4080 (2) 88 da/ns 14/ 19

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 35 -15- HF2626.4080 (2) 88 da/ns 15/ 19

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 35 -16- HF2626.4080 (2) 88 da/ns 16/ 19

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 35 -17- HF2626.4080 (2) 88 da/ns 17/ 19

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 -18- HF2626.4080 (2) 88 da/ns 18/ 19