Senate File 578 H-1282 Amend Senate File 578, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 DEPARTMENTAL ORGANIZATION 6 Section 1. Section 159.5, subsection 7, Code 2021, is 7 amended to read as follows: 8 7. Establish and maintain a marketing news service bureau 9 in the department which shall, in cooperation with the 10 federal market news and grading division Cooperate with the 11 agricultural marketing service of the United States department 12 of agriculture , to collect and disseminate data and information 13 relative to the market prices and conditions of agricultural 14 products raised, produced, and handled in the state. 15 DIVISION II 16 ANIMALS 17 PART A 18 COMMERCIAL ESTABLISHMENTS 19 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code 20 2021, is amended by striking the paragraph. 21 Sec. 3. Section 162.2A, Code 2021, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 4A. A commercial establishment shall not 24 be issued or renewed a state license by the department, unless 25 a person applying for the state license presents the department 26 with a valid, government-issued identification, or other form 27 of similar identification approved by the department, as 28 proof of identity that the person may legally act on behalf 29 of the commercial establishment in making the application. 30 The application must be signed by the person under penalty of 31 perjury subject to the penalty provisions of section 162.13, 32 subsection 1. Upon completion of the initial inspection, 33 the issued or renewed state license shall include a unique 34 identification number that is a public record under chapter 22. 35 -1- SF578.1577 (1) 89 da/ns 1/ 10 #1.

PART B 1 VETERINARY PRACTICE 2 Sec. 4. Section 169.20, subsection 2, Code 2021, is amended 3 to read as follows: 4 2. The board shall issue certificates to veterinary 5 assistants who have met the educational, experience , and 6 testing requirements as the board shall specify by rule. The 7 A certificate is not a license and does not expire . The A new 8 certificate shall be issued for a three-year period, subject 9 to renewal at the end of each triennium. The board may adopt 10 rules providing for the issuance and renewal of a certificate 11 including the issuance of a new certificate for the balance of 12 a triennium. A certificate may be suspended or revoked, or any 13 other disciplinary action may be taken as specified in section 14 272C.3, subsection 2 . All disciplinary actions shall be taken 15 pursuant to in the same manner as provided in section 169.14 . 16 DIVISION III 17 COMMODITY PRODUCTION AND SALE 18 PART A 19 LOCAL FARM PRODUCE PROGRAM 20 Sec. 5. NEW SECTION . 190A.11 Definitions. 21 As used in this subchapter, unless the context otherwise 22 requires: 23 1. “Department” means the department of agriculture and land 24 stewardship. 25 2. “Farm source” means a farmer who produces and sells fresh 26 farm produce grown on the farmer’s land or a distributor of 27 fresh farm produce who purchases fresh farm produce directly 28 from such farmer or sells fresh farm produce on behalf of such 29 farmer. 30 3. “Fresh farm produce” means vegetables, fruits, or nuts 31 intended for inclusion as part of a school diet, including 32 school meals and snacks as described in section 190A.3, if the 33 vegetables, fruits, or nuts are not processed except for being 34 trimmed, cleaned, dried, sorted, or packaged. 35 -2- SF578.1577 (1) 89 da/ns 2/ 10

4. “Fund” means the local farm produce fund created in 1 section 190A.12. 2 5. “Program” means the local farm produce program created 3 in section 190A.13. 4 6. “School” means a public school or nonpublic school, as 5 those terms are defined in section 280.2, or that portion of a 6 public school or nonpublic school that provides facilities for 7 teaching any grade from kindergarten through grade twelve. 8 7. “School district” means a school district as described 9 in chapter 274. 10 Sec. 6. NEW SECTION . 190A.12 Local farm produce fund. 11 1. A local farm produce fund is created in the state 12 treasury under the management and control of the department. 13 2. The fund shall include moneys appropriated to the fund 14 by the general assembly. The fund may include other moneys 15 available to and obtained or accepted by the department, 16 including moneys from public or private sources. 17 3. Moneys in the fund are appropriated to support the 18 program in a manner determined by the department, including for 19 reasonable administrative costs incurred by the department. 20 Moneys expended from the fund shall not require further special 21 authorization by the general assembly. 22 4. a. Notwithstanding section 12C.7, interest or earnings 23 on moneys in the fund shall be credited to the fund. 24 b. Notwithstanding section 8.33, moneys credited to the 25 fund that remain unencumbered or unobligated at the end of a 26 fiscal year shall not revert but shall remain available for the 27 purposes designated. 28 Sec. 7. NEW SECTION . 190A.13 Local farm produce program. 29 1. A local farm produce program is created. The program 30 shall be controlled and administered by the department. 31 2. The purpose of the program is to assist schools and 32 school districts in purchasing fresh farm produce. 33 3. The department shall reimburse a school or school 34 district for expenditures incurred by the school or school 35 -3- SF578.1577 (1) 89 da/ns 3/ 10

district during the school year in which the school or school 1 district is participating in the program for purchases of fresh 2 farm produce. 3 4. A school or school district must apply each year to the 4 department to participate in the program according to rules 5 adopted by the department pursuant to chapter 17A. 6 5. To be eligible to participate in the program, a school or 7 school district must purchase the fresh farm produce directly 8 from a farm source as follows: 9 a. Except as provided in paragraph “b” , the farm source must 10 be located in this state. 11 b. If the school district shares a border with another 12 state, or the school is part of a school district that shares 13 a border with another state, the farm source may be located 14 in the other state. However, the farm source must be located 15 within thirty miles from the school district’s border with that 16 state and the department must approve the purchase. 17 6. The department shall require proof of purchase prior to 18 reimbursing the school or school district for the purchase of 19 fresh farm produce. 20 7. The department may administer the program in cooperation 21 with the department of education and the participating school 22 or school district in which a participating school is located. 23 8. a. The department shall reimburse a participating 24 school or school district that submits a claim as required 25 by the department. The department shall pay the claim on a 26 matching basis with the department contributing one dollar 27 for every three dollars expended by the school or school 28 district. However, a school or school district shall not 29 receive more than one thousand dollars during any year in which 30 it participates in the program. 31 b. Notwithstanding paragraph “a” , if the department 32 determines that there are sufficient moneys in the fund to 33 satisfy all claims that may be submitted by schools and school 34 districts, the department shall provide for the distribution 35 -4- SF578.1577 (1) 89 da/ns 4/ 10

of the available moneys in a manner determined equitable by 1 the department, which may include a prorated distribution to 2 participating schools and school districts. 3 PART B 4 FERTILIZERS AND SOIL CONDITIONERS 5 Sec. 8. Section 200.3, subsection 24, Code 2021, is amended 6 by striking the subsection. 7 Sec. 9. Section 200.14, Code 2021, is amended to read as 8 follows: 9 200.14 Rules. 10 1. a. The secretary is authorized, after public hearing, 11 following due notice, to department may adopt rules setting 12 forth pursuant to chapter 17A providing minimum general 13 safety standards for the design, construction, location, 14 installation , and operation of equipment for storage, handling, 15 transportation by tank truck or tank trailer, and utilization 16 of anhydrous ammonia fertilizers and soil conditioners . 17 a. b. The rules shall be such as are reasonably necessary 18 for the protection and safety of the public and persons using 19 anhydrous ammonia fertilizers or soil conditioners , and shall 20 be in substantial conformity with the generally accepted 21 standards of safety. 22 b. Rules that are in substantial conformity with the 23 published standards of the agricultural ammonia institute for 24 the design, installation and construction of containers and 25 pertinent equipment for the storage and handling of anhydrous 26 ammonia, shall be deemed to be in substantial conformity with 27 the generally accepted standards of safety. 28 2. c. Anhydrous ammonia Fertilizer and soil conditioner 29 equipment shall be installed and maintained in a safe operating 30 condition and in conformity with rules adopted by the secretary 31 department . 32 3. 2. The secretary shall enforce this chapter and, after 33 due publicity and due public hearing, department may adopt such 34 reasonable rules as may be necessary in order to carry into 35 -5- SF578.1577 (1) 89 da/ns 5/ 10

effect the purpose , and intent and to secure the efficient 1 administration , of this chapter . 2 4. 3. This chapter does not prohibit the use of storage 3 tanks smaller than transporting tanks nor the transfer of all 4 kinds of fertilizer including anhydrous ammonia fertilizers 5 or soil conditioners directly from transporting tanks to 6 implements of husbandry, if proper safety precautions are 7 observed. 8 DIVISION IV 9 WEIGHTS AND MEASURES 10 PART A 11 GENERAL 12 Sec. 10. Section 214.1, Code 2021, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 6. “Weighmaster” means a person who keeps 15 and regularly uses a commercial weighing and measuring device 16 to accurately weigh objects for others as part of the person’s 17 business operated on a profit, cooperative, or nonprofit basis. 18 Sec. 11. Section 214.3, subsection 1, Code 2021, is amended 19 to read as follows: 20 1. The A license issued by the department for the inspection 21 of a commercial weighing and measuring device shall expire on 22 December 31 of each year, and for a motor fuel pump on June 30 23 of each year. The amount of the fee due for each license shall 24 be as provided in subsection 3 , except that the fee for a motor 25 fuel pump shall be four dollars and fifty cents if paid within 26 one month from the date the license is due. 27 Sec. 12. Section 214.3, subsection 3, paragraph e, 28 subparagraph (2), Code 2021, is amended to read as follows: 29 (2) Retail motor fuel pump, nine four dollars and fifty 30 cents . 31 Sec. 13. Section 214.4, subsection 1, unnumbered paragraph 32 1, Code 2021, is amended to read as follows: 33 If the department does not receive payment of the license 34 fee required pursuant to section 214.3 within one month from 35 -6- SF578.1577 (1) 89 da/ns 6/ 10

the due date, the department shall send deliver a notice to 1 the owner or operator of the device. The notice shall be 2 delivered by certified mail. The notice shall state all of the 3 following: 4 Sec. 14. Section 214.6, Code 2021, is amended to read as 5 follows: 6 214.6 Oath Duties of weighmasters weighmaster . 7 All persons keeping a commercial weighing and measuring 8 device, before entering upon their duties as weighmasters, A 9 weighmaster shall be sworn before some person having authority 10 to administer oaths, to keep their ensure that a commercial 11 weighing and measuring device is correctly balanced , to make 12 true weights, and to shall render a correct account to the 13 person having weighing done. 14 Sec. 15. Section 214.11, Code 2021, is amended to read as 15 follows: 16 214.11 Inspections —— recalibrations —— penalty. 17 1. The department shall provide for annual inspections 18 of all motor fuel pumps, including but not limited to motor 19 fuel blender pumps, licensed under this chapter . Inspections 20 shall be for the purpose of determining the accuracy of the 21 pumps’ measuring mechanisms, and for such and correctness of 22 motor fuel pumps. For that purpose the department’s inspectors 23 may enter upon the premises of any wholesale dealer or retail 24 dealer , as they are defined in section 214A.1 , of motor fuel 25 or fuel oil within this state . 26 2. Upon completion of an inspection, the inspector shall 27 affix the department’s seal to the measuring mechanism of the 28 motor fuel pump. The seal shall be appropriately marked, 29 dated, and recorded by the inspector. If the owner of an 30 inspected and sealed motor fuel pump is registered with the 31 department as a servicer in accordance with section 215.23 , 32 or employs a person so registered as a servicer, the owner 33 or other servicer may open the motor fuel pump, break the 34 department’s seal, recalibrate the measuring mechanism if 35 -7- SF578.1577 (1) 89 da/ns 7/ 10

necessary, and reseal the motor fuel pump as long as the 1 department is notified of the recalibration within forty-eight 2 hours, on a form in a manner provided by the department. 3 2. 3. A person violating a provision of this section is, 4 upon conviction, guilty of a simple misdemeanor. 5 PART B 6 MOTOR FUEL 7 Sec. 16. Section 214A.2A, subsection 1, Code 2021, is 8 amended to read as follows: 9 1. Fuel which is sold or is kept, offered, or exposed for 10 sale as kerosene shall be labeled as kerosene. The label 11 shall include the word “kerosene” and a or the designation as 12 either “K1” or “K2” “K1 kerosene” , and shall indicate that 13 the kerosene is in compliance with the standard specification 14 adopted by A.S.T.M. international specification D3699 (1982). 15 Sec. 17. REPEAL. Section 214A.15, Code 2021, is repealed. 16 PART C 17 INSPECTIONS 18 Sec. 18. Section 215.4, Code 2021, is amended to read as 19 follows: 20 215.4 Tag for inaccurate or incorrect device —— reinspection 21 —— license fee. 22 A commercial weighing and measuring device found to be 23 inaccurate or incorrect upon inspection by the department 24 shall be rejected or tagged “condemned until repaired” and 25 the “licensed for commercial use” inspection sticker shall be 26 removed. If notice is received by the department that the 27 device has been repaired and upon reinspection the device is 28 found to be accurate or correct, the a license fee shall not 29 may be charged for the reinspection. However, a second license 30 fee shall be charged if upon reinspection the device is found 31 to be inaccurate. The device shall be tagged “condemned” and 32 removed from service if a third reinspection fails. 33 Sec. 19. Section 215.7, Code 2021, is amended to read as 34 follows: 35 -8- SF578.1577 (1) 89 da/ns 8/ 10

215.7 Transactions by false weights or measures. 1 1. A person shall be deemed to have violated the provisions 2 of this chapter and shall be punished as provided in chapter 3 189 , if the person does any of the following apply : 4 1. a. The person sells Sells , trades, delivers, charges 5 for, or claims to have delivered to a purchaser an amount 6 of any commodity which is less in weight or measure than 7 that which is asked for, agreed upon, claimed to have been 8 delivered, or noted on the delivery ticket. 9 2. b. The person makes Makes a settlement for or enters 10 a credit, based upon any false weight or measurement, for any 11 commodity purchased. 12 3. c. The person makes Makes a settlement for or enters 13 a credit, based upon any false weight or measurement, for any 14 labor where the price of producing or mining is determined by 15 weight or measure. 16 4. d. The person records Records a false weight or 17 measurement upon the weight ticket or book. 18 2. The department may adopt rules pursuant to chapter 17A 19 that allow for reasonable variations and exceptions for small 20 packages. 21 3. A person who violates this section is guilty of a simple 22 misdemeanor. 23 Sec. 20. Section 215.23, Code 2021, is amended to read as 24 follows: 25 215.23 Servicer’s license. 26 1. A servicer shall not install, service, or repair a 27 commercial weighing and measuring device until the servicer 28 has demonstrated that the servicer has available adequate 29 testing equipment, and that the servicer possesses a working 30 knowledge of all devices the servicer intends to install or 31 repair and of all appropriate weights, measures, statutes, and 32 rules, as evidenced by passing a qualifying examination to 33 be conducted by the department and obtaining a license. The 34 secretary of agriculture shall establish by rule pursuant to 35 -9- SF578.1577 (1) 89 da/ns 9/ 10

chapter 17A , requirements for and contents of the examination. 1 The department may adopt rules pursuant to chapter 17A setting 2 forth qualification requirements for persons applying for a 3 servicer’s license, including an examination. 4 2. In determining these a servicer’s qualifications, the 5 secretary shall department may consider the specifications 6 of the United States national institute of standards and 7 technology, handbook 44, “Specifications, Tolerances, and 8 Technical Requirements for Weighing and Measuring Devices”, 9 or the current successor or equivalent specifications adopted 10 by the United States national institute of standards and 11 technology. 12 3. The secretary shall department may require an annual the 13 payment of a license fee of not more than five dollars for an 14 amount established by rule for each license issued under this 15 section . 16 4. Each A license shall expire one year two years from its 17 date of issuance. 18 Sec. 21. REPEAL. Sections 215.3 and 215.8, Code 2021, are 19 repealed. > 20 ______________________________ MAXWELL of Poweshiek -10- SF578.1577 (1) 89 da/ns 10/ 10