House Amendment to Senate File 578 S-3107 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- SF578.1709.H (1) 89 md 1/ 12 #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 PART C 17 FOREIGN ANIMAL DISEASE CONTROL 18 Sec. 5. Section 22.7, Code 2021, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 39A. Information related to the 21 registration and identification of any premises where animals 22 are kept as authorized pursuant to the foreign animal disease 23 preparedness and response strategy as provided in section 24 163.3C. 25 Sec. 6. Section 163.3C, Code 2021, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 3. a. In developing and establishing a 28 foreign animal disease preparedness and response strategy, the 29 department may collect, maintain, and use information related 30 to the registration and identification of any premises where 31 animals are kept. The information may include but is not 32 limited to all of the following: 33 (1) The name, address, and contact information of an 34 interested person. 35 -2- SF578.1709.H (1) 89 md 2/ 12
(2) The location of the premises where the animals are kept. 1 (3) An identification number assigned to the premises where 2 the animals are kept. 3 b. The information described in paragraph “a” is a 4 confidential record as provided in section 22.7. Nothing 5 in this subsection limits the department in acting as the 6 lawful custodian of the confidential record from disclosing 7 the record or any part of the record to another person if the 8 department determines that such disclosure will assist in 9 implementing, administering, or enforcing the foreign animal 10 disease preparedness and response strategy. 11 DIVISION III 12 COMMODITY PRODUCTION AND SALE 13 PART A 14 LOCAL FARM PRODUCE PROGRAM 15 Sec. 7. NEW SECTION . 190A.11 Definitions. 16 As used in this subchapter, unless the context otherwise 17 requires: 18 1. “Department” means the department of agriculture and land 19 stewardship. 20 2. “Farm source” means a farmer who produces and sells fresh 21 farm produce grown on the farmer’s land or a distributor of 22 fresh farm produce who purchases fresh farm produce directly 23 from such farmer or sells fresh farm produce on behalf of such 24 farmer. 25 3. “Fresh farm produce” means vegetables, fruits, or nuts 26 intended for inclusion as part of a school diet, including 27 school meals and snacks as described in section 190A.3, if the 28 vegetables, fruits, or nuts are not processed except for being 29 trimmed, cleaned, dried, sorted, or packaged. 30 4. “Fund” means the local farm produce fund created in 31 section 190A.12. 32 5. “Program” means the local farm produce program created 33 in section 190A.13. 34 6. “School” means a public school or nonpublic school, as 35 -3- SF578.1709.H (1) 89 md 3/ 12
those terms are defined in section 280.2, or that portion of a 1 public school or nonpublic school that provides facilities for 2 teaching any grade from kindergarten through grade twelve. 3 7. “School district” means a school district as described 4 in chapter 274. 5 Sec. 8. NEW SECTION . 190A.12 Local farm produce fund. 6 1. A local farm produce fund is created in the state 7 treasury under the management and control of the department. 8 2. The fund shall include moneys appropriated to the fund 9 by the general assembly. The fund may include other moneys 10 available to and obtained or accepted by the department, 11 including moneys from public or private sources. 12 3. Moneys in the fund are appropriated to support the 13 program in a manner determined by the department, including for 14 reasonable administrative costs incurred by the department. 15 Moneys expended from the fund shall not require further special 16 authorization by the general assembly. 17 4. a. Notwithstanding section 12C.7, interest or earnings 18 on moneys in the fund shall be credited to the fund. 19 b. Notwithstanding section 8.33, moneys credited to the 20 fund that remain unencumbered or unobligated at the end of a 21 fiscal year shall not revert but shall remain available for the 22 purposes designated. 23 Sec. 9. NEW SECTION . 190A.13 Local farm produce program. 24 1. A local farm produce program is created. The program 25 shall be controlled and administered by the department. 26 2. The purpose of the program is to assist schools and 27 school districts in purchasing fresh farm produce. 28 3. The department shall reimburse a school or school 29 district for expenditures incurred by the school or school 30 district during the school year in which the school or school 31 district is participating in the program for purchases of fresh 32 farm produce. 33 4. A school or school district must apply each year to the 34 department to participate in the program according to rules 35 -4- SF578.1709.H (1) 89 md 4/ 12
adopted by the department pursuant to chapter 17A. 1 5. To be eligible to participate in the program, a school or 2 school district must purchase the fresh farm produce directly 3 from a farm source as follows: 4 a. Except as provided in paragraph “b” , the farm source must 5 be located in this state. 6 b. If the school district shares a border with another 7 state, or the school is part of a school district that shares 8 a border with another state, the farm source may be located 9 in the other state. However, the farm source must be located 10 within thirty miles from the school district’s border with that 11 state and the department must approve the purchase. 12 6. The department shall require proof of purchase prior to 13 reimbursing the school or school district for the purchase of 14 fresh farm produce. 15 7. The department may administer the program in cooperation 16 with the department of education and the participating school 17 or school district in which a participating school is located. 18 8. a. The department shall reimburse a participating 19 school or school district that submits a claim as required 20 by the department. The department shall pay the claim on a 21 matching basis with the department contributing one dollar 22 for every three dollars expended by the school or school 23 district. However, a school or school district shall not 24 receive more than one thousand dollars during any year in which 25 it participates in the program. 26 b. Notwithstanding paragraph “a” , if the department 27 determines that there are sufficient moneys in the fund to 28 satisfy all claims that may be submitted by schools and school 29 districts, the department shall provide for the distribution 30 of the available moneys in a manner determined equitable by 31 the department, which may include a prorated distribution to 32 participating schools and school districts. 33 PART B 34 FERTILIZERS AND SOIL CONDITIONERS 35 -5- SF578.1709.H (1) 89 md 5/ 12
Sec. 10. Section 200.3, subsection 24, Code 2021, is amended 1 by striking the subsection. 2 Sec. 11. Section 200.14, Code 2021, is amended to read as 3 follows: 4 200.14 Rules. 5 1. a. The secretary is authorized, after public hearing, 6 following due notice, to department may adopt rules setting 7 forth pursuant to chapter 17A providing minimum general 8 safety standards for the design, construction, location, 9 installation , and operation of equipment for storage, handling, 10 transportation by tank truck or tank trailer, and utilization 11 of anhydrous ammonia fertilizers and soil conditioners . 12 a. b. The rules shall be such as are reasonably necessary 13 for the protection and safety of the public and persons using 14 anhydrous ammonia fertilizers or soil conditioners , and shall 15 be in substantial conformity with the generally accepted 16 standards of safety. 17 b. Rules that are in substantial conformity with the 18 published standards of the agricultural ammonia institute for 19 the design, installation and construction of containers and 20 pertinent equipment for the storage and handling of anhydrous 21 ammonia, shall be deemed to be in substantial conformity with 22 the generally accepted standards of safety. 23 2. c. Anhydrous ammonia Fertilizer and soil conditioner 24 equipment shall be installed and maintained in a safe operating 25 condition and in conformity with rules adopted by the secretary 26 department . 27 3. 2. The secretary shall enforce this chapter and, after 28 due publicity and due public hearing, department may adopt 29 such reasonable rules as may be necessary in order to carry 30 into effect the purpose , and intent and to secure the efficient 31 administration , of this chapter . 32 4. 3. This chapter does not prohibit the use of storage 33 tanks smaller than transporting tanks nor the transfer of all 34 kinds of fertilizer including anhydrous ammonia fertilizers 35 -6- SF578.1709.H (1) 89 md 6/ 12
or soil conditioners directly from transporting tanks to 1 implements of husbandry, if proper safety precautions are 2 observed. 3 DIVISION IV 4 WEIGHTS AND MEASURES 5 PART A 6 GENERAL 7 Sec. 12. Section 214.1, Code 2021, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 6. “Weighmaster” means a person who keeps 10 and regularly uses a commercial weighing and measuring device 11 to accurately weigh objects for others as part of the person’s 12 business operated on a profit, cooperative, or nonprofit basis. 13 Sec. 13. Section 214.3, subsection 1, Code 2021, is amended 14 to read as follows: 15 1. The A license issued by the department for the inspection 16 of a commercial weighing and measuring device shall expire on 17 December 31 of each year, and for a motor fuel pump on June 30 18 of each year. The amount of the fee due for each license shall 19 be as provided in subsection 3 , except that the fee for a motor 20 fuel pump shall be four dollars and fifty cents if paid within 21 one month from the date the license is due. 22 Sec. 14. Section 214.3, subsection 3, paragraph e, 23 subparagraph (2), Code 2021, is amended to read as follows: 24 (2) Retail motor fuel pump, nine four dollars and fifty 25 cents . 26 Sec. 15. Section 214.4, subsection 1, unnumbered paragraph 27 1, Code 2021, is amended to read as follows: 28 If the department does not receive payment of the license 29 fee required pursuant to section 214.3 within one month from 30 the due date, the department shall send deliver a notice to 31 the owner or operator of the device. The notice shall be 32 delivered by certified mail. The notice shall state all of the 33 following: 34 Sec. 16. Section 214.6, Code 2021, is amended to read as 35 -7- SF578.1709.H (1) 89 md 7/ 12
follows: 1 214.6 Oath Duties of weighmasters weighmaster . 2 All persons keeping a commercial weighing and measuring 3 device, before entering upon their duties as weighmasters, A 4 weighmaster shall be sworn before some person having authority 5 to administer oaths, to keep their ensure that a commercial 6 weighing and measuring device is correctly balanced , to make 7 true weights, and to shall render a correct account to the 8 person having weighing done. 9 Sec. 17. Section 214.11, Code 2021, is amended to read as 10 follows: 11 214.11 Inspections —— recalibrations —— penalty. 12 1. The department shall provide for annual inspections 13 of all motor fuel pumps, including but not limited to motor 14 fuel blender pumps, licensed under this chapter . Inspections 15 shall be for the purpose of determining the accuracy of the 16 pumps’ measuring mechanisms, and for such and correctness of 17 motor fuel pumps. For that purpose the department’s inspectors 18 may enter upon the premises of any wholesale dealer or retail 19 dealer , as they are defined in section 214A.1 , of motor fuel 20 or fuel oil within this state . 21 2. Upon completion of an inspection, the inspector shall 22 affix the department’s seal to the measuring mechanism of the 23 motor fuel pump. The seal shall be appropriately marked, 24 dated, and recorded by the inspector. If the owner of an 25 inspected and sealed motor fuel pump is registered with the 26 department as a servicer in accordance with section 215.23 , 27 or employs a person so registered as a servicer, the owner 28 or other servicer may open the motor fuel pump, break the 29 department’s seal, recalibrate the measuring mechanism if 30 necessary, and reseal the motor fuel pump as long as the 31 department is notified of the recalibration within forty-eight 32 hours, on a form in a manner provided by the department. 33 2. 3. A person violating a provision of this section is, 34 upon conviction, guilty of a simple misdemeanor. 35 -8- SF578.1709.H (1) 89 md 8/ 12
PART B 1 MOTOR FUEL 2 Sec. 18. Section 214A.2A, subsection 1, Code 2021, is 3 amended to read as follows: 4 1. Fuel which is sold or is kept, offered, or exposed for 5 sale as kerosene shall be labeled as kerosene. The label 6 shall include the word “kerosene” and a or the designation as 7 either “K1” or “K2” “K1 kerosene” , and shall indicate that 8 the kerosene is in compliance with the standard specification 9 adopted by A.S.T.M. international specification D3699 (1982). 10 Sec. 19. REPEAL. Section 214A.15, Code 2021, is repealed. 11 PART C 12 INSPECTIONS 13 Sec. 20. Section 215.4, Code 2021, is amended to read as 14 follows: 15 215.4 Tag for inaccurate or incorrect device —— reinspection 16 —— license fee. 17 A commercial weighing and measuring device found to be 18 inaccurate or incorrect upon inspection by the department 19 shall be rejected or tagged “condemned until repaired” and 20 the “licensed for commercial use” inspection sticker shall be 21 removed. If notice is received by the department that the 22 device has been repaired and upon reinspection the device is 23 found to be accurate or correct, the a license fee shall not 24 may be charged for the reinspection. However, a second license 25 fee shall be charged if upon reinspection the device is found 26 to be inaccurate. The device shall be tagged “condemned” and 27 removed from service if a third reinspection fails. 28 Sec. 21. Section 215.7, Code 2021, is amended to read as 29 follows: 30 215.7 Transactions by false weights or measures. 31 1. A person shall be deemed to have violated the provisions 32 of this chapter and shall be punished as provided in chapter 33 189 , if the person does any of the following apply : 34 1. a. The person sells Sells , trades, delivers, charges 35 -9- SF578.1709.H (1) 89 md 9/ 12
for, or claims to have delivered to a purchaser an amount 1 of any commodity which is less in weight or measure than 2 that which is asked for, agreed upon, claimed to have been 3 delivered, or noted on the delivery ticket. 4 2. b. The person makes Makes a settlement for or enters 5 a credit, based upon any false weight or measurement, for any 6 commodity purchased. 7 3. c. The person makes Makes a settlement for or enters 8 a credit, based upon any false weight or measurement, for any 9 labor where the price of producing or mining is determined by 10 weight or measure. 11 4. d. The person records Records a false weight or 12 measurement upon the weight ticket or book. 13 2. The department may adopt rules pursuant to chapter 17A 14 that allow for reasonable variations and exceptions for small 15 packages. 16 3. A person who violates this section is guilty of a simple 17 misdemeanor. 18 Sec. 22. Section 215.23, Code 2021, is amended to read as 19 follows: 20 215.23 Servicer’s license. 21 1. A servicer shall not install, service, or repair a 22 commercial weighing and measuring device until the servicer 23 has demonstrated that the servicer has available adequate 24 testing equipment, and that the servicer possesses a working 25 knowledge of all devices the servicer intends to install or 26 repair and of all appropriate weights, measures, statutes, and 27 rules, as evidenced by passing a qualifying examination to 28 be conducted by the department and obtaining a license. The 29 secretary of agriculture shall establish by rule pursuant to 30 chapter 17A , requirements for and contents of the examination. 31 The department may adopt rules pursuant to chapter 17A setting 32 forth qualification requirements for persons applying for a 33 servicer’s license, including an examination. 34 2. In determining these a servicer’s qualifications, the 35 -10- SF578.1709.H (1) 89 md 10/ 12
secretary shall department may consider the specifications 1 of the United States national institute of standards and 2 technology, handbook 44, “Specifications, Tolerances, and 3 Technical Requirements for Weighing and Measuring Devices”, 4 or the current successor or equivalent specifications adopted 5 by the United States national institute of standards and 6 technology. 7 3. The secretary shall department may require an annual the 8 payment of a license fee of not more than five dollars for an 9 amount established by rule for each license issued under this 10 section . 11 4. Each A license shall expire one year two years from its 12 date of issuance. 13 Sec. 23. REPEAL. Sections 215.3 and 215.8, Code 2021, are 14 repealed. 15 DIVISION V 16 FARM FOOD STUDY 17 Sec. 24. FARM-TO-TABLE TASK FORCE. 18 1. The Iowa cooperative extension service in agriculture 19 and home economics of Iowa state university of science and 20 technology, in cooperation with the department of agriculture 21 and land stewardship, shall establish a farm-to-table task 22 force. 23 2. The purpose of the task force is to recommend how 24 institutional purchasers, including schools, may be provided 25 with long-term practical options to routinely acquire fresh 26 food derived from locally or regionally produced and processed 27 farm commodities, including meat, poultry, fish, and dairy 28 products; eggs; vegetables; fruits; nuts; and honey. 29 3. The task force shall consider methods to do all of the 30 following: 31 a. Improve direct farmer to consumer transactions. 32 b. Better integrate existing public and private procurement 33 and nutritional programs, including but not limited to the 34 farm-to-school program as provided in chapter 190A; the from 35 -11- SF578.1709.H (1) 89 md 11/ 12
farm to food donation tax credit as provided in chapter 190B, 1 subchapter I; the Iowa emergency food purchase program as 2 provided in chapter 190B, subchapter II; and the local food and 3 farm program as provided in chapter 267A. 4 4. a. The task force shall be jointly chaired by the vice 5 president for extension and outreach of Iowa state university 6 of science and technology, or a designee; and the secretary of 7 agriculture, or a designee. The chairpersons of the task force 8 shall appoint remaining voting members to serve on the task 9 force. 10 b. The Iowa cooperative extension service in agriculture 11 and home economics shall provide meeting rooms, materials, and 12 staffing services for the task force. 13 5. The task force shall prepare and submit a report to 14 the governor and general assembly not later than December 10, 15 2021. The report shall include findings and recommendations, 16 including any proposed legislation, and a suggested timeline 17 for implementation of the task force’s recommendations. 18 6. This section is repealed December 11, 2021. > 19 -12- SF578.1709.H (1) 89 md 12/ 12