House File 827 H-1281 Amend House File 827 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 2021, 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 DIVISION II 15 ANIMALS 16 PART A 17 COMMERCIAL ESTABLISHMENTS 18 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code 19 2021, is amended by striking the paragraph. 20 PART B 21 FOREIGN ANIMAL DISEASE CONTROL 22 Sec. 3. Section 22.7, Code 2021, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 39A. Information related to the 25 registration and identification of any premises where animals 26 are kept as authorized pursuant to the foreign animal disease 27 preparedness and response strategy as provided in section 28 163.3C. 29 Sec. 4. Section 163.3C, Code 2021, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 3. a. In developing and establishing a 32 foreign animal disease preparedness and response strategy, the 33 department may collect, maintain, and use information related 34 to the registration and identification of any premises where 35 -1- HF827.1544 (1) 89 (amending this HF 827 to CONFORM to SF 578) da/ns 1/ 9 #1.
animals are kept. The information may include but is not 1 limited to all of the following: 2 (1) The name, address, and contact information of an 3 interested person. 4 (2) The location of the premises where the animals are kept. 5 (3) An identification number assigned to the premises where 6 the animals are kept. 7 b. The information described in paragraph “a” is a 8 confidential record as provided in section 22.7. Nothing 9 in this subsection limits the department in acting as the 10 lawful custodian of the confidential record from disclosing 11 the record or any part of the record to another person if the 12 department determines that such disclosure will assist in 13 implementing, administering, or enforcing the foreign animal 14 disease preparedness and response strategy. 15 DIVISION III 16 FERTILIZERS AND SOIL CONDITIONERS 17 Sec. 5. Section 200.3, subsection 24, Code 2021, is amended 18 by striking the subsection. 19 Sec. 6. Section 200.14, Code 2021, is amended to read as 20 follows: 21 200.14 Rules. 22 1. a. The secretary is authorized, after public hearing, 23 following due notice, to department may adopt rules setting 24 forth pursuant to chapter 17A providing minimum general 25 safety standards for the design, construction, location, 26 installation , and operation of equipment for storage, handling, 27 transportation by tank truck or tank trailer, and utilization 28 of anhydrous ammonia fertilizers and soil conditioners . 29 a. b. The rules shall be such as are reasonably necessary 30 for the protection and safety of the public and persons using 31 anhydrous ammonia fertilizers or soil conditioners , and shall 32 be in substantial conformity with the generally accepted 33 standards of safety. 34 b. Rules that are in substantial conformity with the 35 -2- HF827.1544 (1) 89 (amending this HF 827 to CONFORM to SF 578) da/ns 2/ 9
published standards of the agricultural ammonia institute for 1 the design, installation and construction of containers and 2 pertinent equipment for the storage and handling of anhydrous 3 ammonia, shall be deemed to be in substantial conformity with 4 the generally accepted standards of safety. 5 2. c. Anhydrous ammonia Fertilizer and soil conditioner 6 equipment shall be installed and maintained in a safe operating 7 condition and in conformity with rules adopted by the secretary 8 department . 9 3. 2. The secretary shall enforce this chapter and, after 10 due publicity and due public hearing, department may adopt such 11 reasonable rules as may be necessary in order to carry into 12 effect the purpose , and intent and to secure the efficient 13 administration , of this chapter . 14 4. 3. This chapter does not prohibit the use of storage 15 tanks smaller than transporting tanks nor the transfer of all 16 kinds of fertilizer including anhydrous ammonia fertilizers 17 or soil conditioners directly from transporting tanks to 18 implements of husbandry, if proper safety precautions are 19 observed. 20 DIVISION IV 21 WEIGHTS AND MEASURES 22 PART A 23 GENERAL 24 Sec. 7. Section 214.1, Code 2021, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 6. “Weighmaster” means a person who keeps 27 and regularly uses a commercial weighing and measuring device 28 to accurately weigh objects for others as part of the person’s 29 business operated on a profit, cooperative, or nonprofit basis. 30 Sec. 8. Section 214.3, subsection 1, Code 2021, is amended 31 to read as follows: 32 1. The A license issued by the department for the inspection 33 of a commercial weighing and measuring device shall expire on 34 December 31 of each year, and for a motor fuel pump on June 30 35 -3- HF827.1544 (1) 89 (amending this HF 827 to CONFORM to SF 578) da/ns 3/ 9
of each year. The amount of the fee due for each license shall 1 be as provided in subsection 3 , except that the fee for a motor 2 fuel pump shall be four dollars and fifty cents if paid within 3 one month from the date the license is due. 4 Sec. 9. Section 214.3, subsection 3, paragraph e, 5 subparagraph (2), Code 2021, is amended to read as follows: 6 (2) Retail motor fuel pump, nine four dollars and fifty 7 cents . 8 Sec. 10. Section 214.4, subsection 1, unnumbered paragraph 9 1, Code 2021, is amended to read as follows: 10 If the department does not receive payment of the license 11 fee required pursuant to section 214.3 within one month from 12 the due date, the department shall send deliver a notice to 13 the owner or operator of the device. The notice shall be 14 delivered by certified mail. The notice shall state all of the 15 following: 16 Sec. 11. Section 214.6, Code 2021, is amended to read as 17 follows: 18 214.6 Oath Duties of weighmasters weighmaster . 19 All persons keeping a commercial weighing and measuring 20 device, before entering upon their duties as weighmasters, A 21 weighmaster shall be sworn before some person having authority 22 to administer oaths, to keep their ensure that a commercial 23 weighing and measuring device is correctly balanced , to make 24 true weights, and to shall render a correct account to the 25 person having weighing done. 26 Sec. 12. Section 214.11, Code 2021, is amended to read as 27 follows: 28 214.11 Inspections —— recalibrations —— penalty. 29 1. The department shall provide for annual inspections 30 of all motor fuel pumps, including but not limited to motor 31 fuel blender pumps, licensed under this chapter . Inspections 32 shall be for the purpose of determining the accuracy of the 33 pumps’ measuring mechanisms, and for such and correctness of 34 motor fuel pumps. For that purpose the department’s inspectors 35 -4- HF827.1544 (1) 89 (amending this HF 827 to CONFORM to SF 578) da/ns 4/ 9
may enter upon the premises of any wholesale dealer or retail 1 dealer , as they are defined in section 214A.1 , of motor fuel 2 or fuel oil within this state . 3 2. Upon completion of an inspection, the inspector shall 4 affix the department’s seal to the measuring mechanism of the 5 motor fuel pump. The seal shall be appropriately marked, 6 dated, and recorded by the inspector. If the owner of an 7 inspected and sealed motor fuel pump is registered with the 8 department as a servicer in accordance with section 215.23 , 9 or employs a person so registered as a servicer, the owner 10 or other servicer may open the motor fuel pump, break the 11 department’s seal, recalibrate the measuring mechanism if 12 necessary, and reseal the motor fuel pump as long as the 13 department is notified of the recalibration within forty-eight 14 hours, on a form in a manner provided by the department. 15 2. 3. A person violating a provision of this section is, 16 upon conviction, guilty of a simple misdemeanor. 17 PART B 18 MOTOR FUEL 19 Sec. 13. Section 214A.2A, subsection 1, Code 2021, is 20 amended to read as follows: 21 1. Fuel which is sold or is kept, offered, or exposed for 22 sale as kerosene shall be labeled as kerosene. The label 23 shall include the word “kerosene” and a or the designation as 24 either “K1” or “K2” “K1 kerosene” , and shall indicate that 25 the kerosene is in compliance with the standard specification 26 adopted by A.S.T.M. international specification D3699 (1982). 27 Sec. 14. REPEAL. Section 214A.15, Code 2021, is repealed. 28 PART C 29 INSPECTIONS 30 Sec. 15. Section 215.4, Code 2021, is amended to read as 31 follows: 32 215.4 Tag for inaccurate or incorrect device —— reinspection 33 —— license fee. 34 A commercial weighing and measuring device found to be 35 -5- HF827.1544 (1) 89 (amending this HF 827 to CONFORM to SF 578) da/ns 5/ 9
inaccurate or incorrect upon inspection by the department 1 shall be rejected or tagged “condemned until repaired” and 2 the “licensed for commercial use” inspection sticker shall be 3 removed. If notice is received by the department that the 4 device has been repaired and upon reinspection the device is 5 found to be accurate or correct, the a license fee shall not 6 may be charged for the reinspection. However, a second license 7 fee shall be charged if upon reinspection the device is found 8 to be inaccurate. The device shall be tagged “condemned” and 9 removed from service if a third reinspection fails. 10 Sec. 16. Section 215.7, Code 2021, is amended to read as 11 follows: 12 215.7 Transactions by false weights or measures. 13 1. A person shall be deemed to have violated the provisions 14 of this chapter and shall be punished as provided in chapter 15 189 , if the person does any of the following apply : 16 1. a. The person sells Sells , trades, delivers, charges 17 for, or claims to have delivered to a purchaser an amount 18 of any commodity which is less in weight or measure than 19 that which is asked for, agreed upon, claimed to have been 20 delivered, or noted on the delivery ticket. 21 2. b. The person makes Makes a settlement for or enters 22 a credit, based upon any false weight or measurement, for any 23 commodity purchased. 24 3. c. The person makes Makes a settlement for or enters 25 a credit, based upon any false weight or measurement, for any 26 labor where the price of producing or mining is determined by 27 weight or measure. 28 4. d. The person records Records a false weight or 29 measurement upon the weight ticket or book. 30 2. The department may adopt rules pursuant to chapter 17A 31 that allow for reasonable variations and exceptions for small 32 packages. 33 3. A person who violates this section is guilty of a simple 34 misdemeanor. 35 -6- HF827.1544 (1) 89 (amending this HF 827 to CONFORM to SF 578) da/ns 6/ 9
Sec. 17. Section 215.23, Code 2021, is amended to read as 1 follows: 2 215.23 Servicer’s license. 3 1. A servicer shall not install, service, or repair a 4 commercial weighing and measuring device until the servicer 5 has demonstrated that the servicer has available adequate 6 testing equipment, and that the servicer possesses a working 7 knowledge of all devices the servicer intends to install or 8 repair and of all appropriate weights, measures, statutes, and 9 rules, as evidenced by passing a qualifying examination to 10 be conducted by the department and obtaining a license. The 11 secretary of agriculture shall establish by rule pursuant to 12 chapter 17A , requirements for and contents of the examination. 13 The department may adopt rules pursuant to chapter 17A setting 14 forth qualification requirements for persons applying for a 15 servicer’s license, including an examination. 16 2. In determining these a servicer’s qualifications, the 17 secretary shall department may consider the specifications 18 of the United States national institute of standards and 19 technology, handbook 44, “Specifications, Tolerances, and 20 Technical Requirements for Weighing and Measuring Devices”, 21 or the current successor or equivalent specifications adopted 22 by the United States national institute of standards and 23 technology. 24 3. The secretary shall department may require an annual the 25 payment of a license fee of not more than five dollars for an 26 amount established by rule for each license issued under this 27 section . 28 4. Each A license shall expire one year two years from its 29 date of issuance. 30 Sec. 18. REPEAL. Sections 215.3 and 215.8, Code 2021, are 31 repealed. 32 DIVISION V 33 FARM FOOD STUDY 34 Sec. 19. FARM-TO-TABLE TASK FORCE. 35 -7- HF827.1544 (1) 89 (amending this HF 827 to CONFORM to SF 578) da/ns 7/ 9
1. The Iowa cooperative extension service in agriculture 1 and home economics of Iowa state university of science and 2 technology, in cooperation with the department of agriculture 3 and land stewardship, shall establish a farm-to-table task 4 force. 5 2. The purpose of the task force is to recommend how 6 institutional purchasers, including schools, may be provided 7 with long-term practical options to routinely acquire fresh 8 food derived from locally or regionally produced and processed 9 farm commodities, including meat, poultry, fish, and dairy 10 products; eggs; vegetables; fruits; nuts; and honey. 11 3. The task force shall consider methods to do all of the 12 following: 13 a. Improve direct farmer to consumer transactions. 14 b. Better integrate existing public and private procurement 15 and nutritional programs, including but not limited to the 16 farm-to-school program as provided in chapter 190A; the from 17 farm to food donation tax credit as provided in chapter 190B, 18 subchapter I; the Iowa emergency food purchase program as 19 provided in chapter 190B, subchapter II; and the local food and 20 farm program as provided in chapter 267A. 21 4. a. The task force shall be jointly chaired by the vice 22 president for extension and outreach of Iowa state university 23 of science and technology, or a designee; and the secretary of 24 agriculture, or a designee. The chairpersons of the task force 25 shall appoint remaining voting members to serve on the task 26 force. 27 b. The Iowa cooperative extension service in agriculture 28 and home economics shall provide meeting rooms, materials, and 29 staffing services for the task force. 30 5. The task force shall prepare and submit a report to 31 the governor and general assembly not later than December 10, 32 2021. The report shall include findings and recommendations, 33 including any proposed legislation, and a suggested timeline 34 for implementation of the task force’s recommendations. 35 -8- HF827.1544 (1) 89 (amending this HF 827 to CONFORM to SF 578) da/ns 8/ 9
6. This section is repealed December 11, 2021. > 1 ______________________________ MAXWELL of Poweshiek -9- HF827.1544 (1) 89 (amending this HF 827 to CONFORM to SF 578) da/ns 9/ 9