H-1282

   Amend Senate File 578, as amended, passed, and reprinted by the Senate, as follows:
   1.  By striking everything after the enacting clause and inserting: 
<DIVISION I
DEPARTMENTAL ORGANIZATION

   Section 1.  Section 159.5, subsection 7, Code 2021, is amended to read as follows:
   7.  Establish and maintain a marketing news service bureau in the department which shall, in cooperation with the federal market news and grading division Cooperate with the agricultural marketing service of the United States department of agriculture, to collect and disseminate data and information relative to the market prices and conditions of agricultural products raised, produced, and handled in the state. 
DIVISION II
ANIMALS

PART A
COMMERCIAL ESTABLISHMENTS

   Sec. 2.  Section 162.2A, subsection 3, paragraph d, Code 2021, is amended by striking the paragraph.
   Sec. 3.  Section 162.2A, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  A commercial establishment shall not be issued or renewed a state license by the department, unless a person applying for the state license presents the department with a valid, government-issued identification, or other form of similar identification approved by the department, as proof of identity that the person may legally act on behalf of the commercial establishment in making the application. The application must be signed by the person under penalty of perjury subject to the penalty provisions of section 162.13, subsection 1. Upon completion of the initial inspection, the issued or renewed state license shall include a unique identification number that is a public record under chapter 22.

PART B
VETERINARY PRACTICE

   Sec. 4.  Section 169.20, subsection 2, Code 2021, is amended to read as follows:
   2.  The board shall issue certificates to veterinary assistants who have met the educational, experience, and testing requirements as the board shall specify by rule. The A certificate is not a license and does not expire. The A new certificate shall be issued for a three-year period, subject to renewal at the end of each triennium. The board may adopt rules providing for the issuance and renewal of a certificate including the issuance of a new certificate for the balance of a triennium. A certificate may be suspended or revoked, or any other disciplinary action may be taken as specified in section 272C.3, subsection 2. All disciplinary actions shall be taken pursuant to in the same manner as provided in section 169.14.
DIVISION III
COMMODITY PRODUCTION AND SALE

PART A
LOCAL FARM PRODUCE PROGRAM

   Sec. 5.  NEW SECTION.  190A.11  Definitions.
   As used in this subchapter, unless the context otherwise requires:
   1.  “Department” means the department of agriculture and land stewardship.
   2.  “Farm source” means a farmer who produces and sells fresh farm produce grown on the farmer’s land or a distributor of fresh farm produce who purchases fresh farm produce directly from such farmer or sells fresh farm produce on behalf of such farmer.
   3.  “Fresh farm produce” means vegetables, fruits, or nuts intended for inclusion as part of a school diet, including school meals and snacks as described in section 190A.3, if the vegetables, fruits, or nuts are not processed except for being trimmed, cleaned, dried, sorted, or packaged.
   4.  “Fund” means the local farm produce fund created in section 190A.12.
   5.  “Program” means the local farm produce program created in section 190A.13.
   6.  “School” means a public school or nonpublic school, as those terms are defined in section 280.2, or that portion of a public school or nonpublic school that provides facilities for teaching any grade from kindergarten through grade twelve.
   7.  “School district” means a school district as described in chapter 274.
   Sec. 6.  NEW SECTION.  190A.12  Local farm produce fund.
   1.  A local farm produce fund is created in the state treasury under the management and control of the department.
   2.  The fund shall include moneys appropriated to the fund by the general assembly. The fund may include other moneys available to and obtained or accepted by the department, including moneys from public or private sources.
   3.  Moneys in the fund are appropriated to support the program in a manner determined by the department, including for reasonable administrative costs incurred by the department. Moneys expended from the fund shall not require further special authorization by the general assembly.
   4.  a.  Notwithstanding section 12C.7, interest or earnings on moneys in the fund shall be credited to the fund.
   b.  Notwithstanding section 8.33, moneys credited to the fund that remain unencumbered or unobligated at the end of a fiscal year shall not revert but shall remain available for the purposes designated.
   Sec. 7.  NEW SECTION.  190A.13  Local farm produce program.
   1.  A local farm produce program is created. The program shall be controlled and administered by the department.
   2.  The purpose of the program is to assist schools and school districts in purchasing fresh farm produce.
   3.  The department shall reimburse a school or school district for expenditures incurred by the school or school district during the school year in which the school or school district is participating in the program for purchases of fresh farm produce.
   4.  A school or school district must apply each year to the department to participate in the program according to rules adopted by the department pursuant to chapter 17A.
   5.  To be eligible to participate in the program, a school or school district must purchase the fresh farm produce directly from a farm source as follows:
   a.  Except as provided in paragraph “b”, the farm source must be located in this state.
   b.  If the school district shares a border with another state, or the school is part of a school district that shares a border with another state, the farm source may be located in the other state. However, the farm source must be located within thirty miles from the school district’s border with that state and the department must approve the purchase.
   6.  The department shall require proof of purchase prior to reimbursing the school or school district for the purchase of fresh farm produce.
   7.  The department may administer the program in cooperation with the department of education and the participating school or school district in which a participating school is located.
   8.  a.  The department shall reimburse a participating school or school district that submits a claim as required by the department. The department shall pay the claim on a matching basis with the department contributing one dollar for every three dollars expended by the school or school district. However, a school or school district shall not receive more than one thousand dollars during any year in which it participates in the program.
   b.  Notwithstanding paragraph “a”, if the department determines that there are sufficient moneys in the fund to satisfy all claims that may be submitted by schools and school districts, the department shall provide for the distribution of the available moneys in a manner determined equitable by the department, which may include a prorated distribution to participating schools and school districts.

PART B
FERTILIZERS AND SOIL CONDITIONERS

   Sec. 8.  Section 200.3, subsection 24, Code 2021, is amended by striking the subsection.
   Sec. 9.  Section 200.14, Code 2021, is amended to read as follows:
   200.14  Rules.
   1.  a.  The secretary is authorized, after public hearing, following due notice, to department may adopt rules setting forth pursuant to chapter 17A providing minimum general safety standards for the design, construction, location, installation, and operation of equipment for storage, handling, transportation by tank truck or tank trailer, and utilization of anhydrous ammonia fertilizers and soil conditioners.
   a.  b.  The rules shall be such as are reasonably necessary for the protection and safety of the public and persons using anhydrous ammonia fertilizers or soil conditioners, and shall be in substantial conformity with the generally accepted standards of safety.
   b.  Rules that are in substantial conformity with the published standards of the agricultural ammonia institute for the design, installation and construction of containers and pertinent equipment for the storage and handling of anhydrous ammonia, shall be deemed to be in substantial conformity with the generally accepted standards of safety.
   2.  c.  Anhydrous ammonia Fertilizer and soil conditioner equipment shall be installed and maintained in a safe operating condition and in conformity with rules adopted by the secretary department.
   3.  2.  The secretary shall enforce this chapter and, after due publicity and due public hearing, department may adopt such reasonable rules as may be necessary in order to carry into effect the purpose, and intent and to secure the efficient administration, of this chapter.
   4.  3.  This chapter does not prohibit the use of storage tanks smaller than transporting tanks nor the transfer of all kinds of fertilizer including anhydrous ammonia fertilizers or soil conditioners directly from transporting tanks to implements of husbandry, if proper safety precautions are observed.
DIVISION IV
WEIGHTS AND MEASURES

PART A
GENERAL

   Sec. 10.  Section 214.1, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  “Weighmaster” means a person who keeps and regularly uses a commercial weighing and measuring device to accurately weigh objects for others as part of the person’s business operated on a profit, cooperative, or nonprofit basis.
   Sec. 11.  Section 214.3, subsection 1, Code 2021, is amended to read as follows:
   1.  The A license issued by the department for the inspection of a commercial weighing and measuring device shall expire on December 31 of each year, and for a motor fuel pump on June 30 of each year. The amount of the fee due for each license shall be as provided in subsection 3, except that the fee for a motor fuel pump shall be four dollars and fifty cents if paid within one month from the date the license is due.
   Sec. 12.  Section 214.3, subsection 3, paragraph e, subparagraph (2), Code 2021, is amended to read as follows:
   (2)  Retail motor fuel pump, nine four dollars and fifty cents.
   Sec. 13.  Section 214.4, subsection 1, unnumbered paragraph 1, Code 2021, is amended to read as follows:
   If the department does not receive payment of the license fee required pursuant to section 214.3 within one month from the due date, the department shall send deliver a notice to the owner or operator of the device. The notice shall be delivered by certified mail. The notice shall state all of the following:
   Sec. 14.  Section 214.6, Code 2021, is amended to read as follows:
   214.6  Oath Duties of weighmasters weighmaster.
   All persons keeping a commercial weighing and measuring device, before entering upon their duties as weighmasters, A weighmaster shall be sworn before some person having authority to administer oaths, to keep their ensure that a commercial weighing and measuring device is correctly balanced, to make true weights, and to shall render a correct account to the person having weighing done.
   Sec. 15.  Section 214.11, Code 2021, is amended to read as follows:
   214.11  Inspections —— recalibrations —— penalty.
   1.  The department shall provide for annual inspections of all motor fuel pumps, including but not limited to motor fuel blender pumps, licensed under this chapter. Inspections shall be for the purpose of determining the accuracy of the pumps’ measuring mechanisms, and for such and correctness of motor fuel pumps. For that purpose the department’s inspectors may enter upon the premises of any wholesale dealer or retail dealer, as they are defined in section 214A.1, of motor fuel or fuel oil within this state.
   2.  Upon completion of an inspection, the inspector shall affix the department’s seal to the measuring mechanism of the motor fuel pump. The seal shall be appropriately marked, dated, and recorded by the inspector. If the owner of an inspected and sealed motor fuel pump is registered with the department as a servicer in accordance with section 215.23, or employs a person so registered as a servicer, the owner or other servicer may open the motor fuel pump, break the department’s seal, recalibrate the measuring mechanism if necessary, and reseal the motor fuel pump as long as the department is notified of the recalibration within forty-eight hours, on a form in a manner provided by the department.
   2.  3.  A person violating a provision of this section is, upon conviction, guilty of a simple misdemeanor.

PART B
MOTOR FUEL

   Sec. 16.  Section 214A.2A, subsection 1, Code 2021, is amended to read as follows:
   1.  Fuel which is sold or is kept, offered, or exposed for sale as kerosene shall be labeled as kerosene. The label shall include the word “kerosene” and a or the designation as either “K1” or “K2” “K1 kerosene”, and shall indicate that the kerosene is in compliance with the standard specification adopted by A.S.T.M. international specification D3699 (1982).
   Sec. 17.  REPEAL.  Section 214A.15, Code 2021, is repealed.

PART C
INSPECTIONS

   Sec. 18.  Section 215.4, Code 2021, is amended to read as follows:
   215.4  Tag for inaccurate or incorrect device —— reinspection —— license fee.
   A commercial weighing and measuring device found to be inaccurate or incorrect upon inspection by the department shall be rejected or tagged “condemned until repaired” and the “licensed for commercial use” inspection sticker shall be removed. If notice is received by the department that the device has been repaired and upon reinspection the device is found to be accurate or correct, the a license fee shall not may be charged for the reinspection. However, a second license fee shall be charged if upon reinspection the device is found to be inaccurate. The device shall be tagged “condemned” and removed from service if a third reinspection fails.
   Sec. 19.  Section 215.7, Code 2021, is amended to read as follows:
   215.7  Transactions by false weights or measures.
   1.  A person shall be deemed to have violated the provisions of this chapter and shall be punished as provided in chapter 189, if the person does any of the following apply:
   1.  a.  The person sells Sells, trades, delivers, charges for, or claims to have delivered to a purchaser an amount of any commodity which is less in weight or measure than that which is asked for, agreed upon, claimed to have been delivered, or noted on the delivery ticket.
   2.  b.  The person makes Makes a settlement for or enters a credit, based upon any false weight or measurement, for any commodity purchased.
   3.  c.  The person makes Makes a settlement for or enters a credit, based upon any false weight or measurement, for any labor where the price of producing or mining is determined by weight or measure.
   4.  d.  The person records Records a false weight or measurement upon the weight ticket or book.
   2.  The department may adopt rules pursuant to chapter 17A that allow for reasonable variations and exceptions for small packages.
   3.  A person who violates this section is guilty of a simple misdemeanor.
   Sec. 20.  Section 215.23, Code 2021, is amended to read as follows:
   215.23  Servicer’s license.
   1.  A servicer shall not install, service, or repair a commercial weighing and measuring device until the servicer has demonstrated that the servicer has available adequate testing equipment, and that the servicer possesses a working knowledge of all devices the servicer intends to install or repair and of all appropriate weights, measures, statutes, and rules, as evidenced by passing a qualifying examination to be conducted by the department and obtaining a license. The secretary of agriculture shall establish by rule pursuant to chapter 17A, requirements for and contents of the examination. The department may adopt rules pursuant to chapter 17A setting forth qualification requirements for persons applying for a servicer’s license, including an examination. 
   2.  In determining these a servicer’s qualifications, the secretary shall department may consider the specifications of the United States national institute of standards and technology, handbook 44, “Specifications, Tolerances, and Technical Requirements for Weighing and Measuring Devices”, or the current successor or equivalent specifications adopted by the United States national institute of standards and technology.
   3.  The secretary shall department may require an annual the payment of a license fee of not more than five dollars for an amount established by rule for each license issued under this section.
   4.  Each A license shall expire one year two years from its date of issuance.
   Sec. 21.  REPEAL.  Sections 215.3 and 215.8, Code 2021, are repealed.>

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MAXWELL of Poweshiek