Senate
File
578
-
Enrolled
Senate
File
578
AN
ACT
RELATING
TO
THE
POWERS
AND
DUTIES
OF
THE
DEPARTMENT
OF
AGRICULTURE
AND
LAND
STEWARDSHIP,
INCLUDING
BY
PROVIDING
FOR
ADMINISTRATION,
PROGRAMS,
AND
REGULATIONS,
PROVIDING
FEES,
PROVIDING
PENALTIES,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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.
Senate
File
578,
p.
2
DIVISION
II
FOREIGN
ANIMAL
DISEASE
CONTROL
Sec.
2.
Section
22.7,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
39A.
Information
related
to
the
registration
and
identification
of
any
premises
where
animals
are
kept
as
authorized
pursuant
to
the
foreign
animal
disease
preparedness
and
response
strategy
as
provided
in
section
163.3C.
Sec.
3.
Section
163.3C,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
a.
In
developing
and
establishing
a
foreign
animal
disease
preparedness
and
response
strategy,
the
department
may
collect,
maintain,
and
use
information
related
to
the
registration
and
identification
of
any
premises
where
animals
are
kept.
The
information
may
include
but
is
not
limited
to
all
of
the
following:
(1)
The
name,
address,
and
contact
information
of
an
interested
person.
(2)
The
location
of
the
premises
where
the
animals
are
kept.
(3)
An
identification
number
assigned
to
the
premises
where
the
animals
are
kept.
b.
The
information
described
in
paragraph
“a”
is
a
confidential
record
as
provided
in
section
22.7.
Nothing
in
this
subsection
limits
the
department
in
acting
as
the
lawful
custodian
of
the
confidential
record
from
disclosing
the
record
or
any
part
of
the
record
to
another
person
if
the
department
determines
that
such
disclosure
will
assist
in
implementing,
administering,
or
enforcing
the
foreign
animal
disease
preparedness
and
response
strategy.
DIVISION
III
COMMODITY
PRODUCTION
AND
SALE
PART
A
FARM-TO-SCHOOL
ACT
Sec.
4.
Section
190A.1,
Code
2021,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
190A.1
Short
title.
This
chapter
shall
be
known
and
may
be
cited
as
the
“Farm-to-School
Act”
.
Senate
File
578,
p.
3
Sec.
5.
NEW
SECTION
.
190A.2
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Department”
means
the
department
of
agriculture
and
land
stewardship.
2.
“Food
animal”
means
an
animal
belonging
to
the
bovine,
caprine,
ovine,
or
porcine
species;
a
turkey,
chicken,
or
other
type
of
poultry;
a
farm
deer
as
defined
in
section
170.1;
a
fish
or
other
aquatic
organism
confined
in
private
waters
for
human
consumption;
or
a
bee
as
defined
in
section
160.1A.
3.
“Food
commodity”
means
any
of
the
following:
a.
A
food
animal
that
is
to
be
slaughtered
or
harvested
and
that
is
to
be
processed
into
a
food
product.
b.
An
item
regularly
generated
by
a
food
animal,
including
milk,
eggs,
or
honey,
that
has
been
collected,
and
that
is
to
be
processed
into
a
food
product.
c.
Sap,
whole
nuts,
or
whole
produce,
including
vegetables
or
fruit,
that
has
been
harvested
and
that
is
to
be
processed
into
a
food
product.
4.
“Food
product”
means
a
perishable
or
nonperishable
product
derived
from
processing
a
food
commodity
to
be
fit
for
human
consumption,
including
but
not
limited
to
cuts
of
meat,
poultry,
or
fish;
shelled
aquatic
items;
pasteurized
milk
or
dairy
products;
washed
shelled
eggs;
honey;
maple
syrup;
cleaned
unshelled
or
shelled
nuts;
washed
whole
produce;
and
washed
and
cut
produce.
5.
“Fund”
means
the
farm-to-school
fund
created
in
section
190A.5.
6.
“Process”
means
to
prepare
a
food
commodity
in
a
manner
that
allows
it
to
be
sold
to
consumers
as
a
food
product,
including
by
altering
the
form
or
identity
of
the
food
commodity;
trimming,
cutting,
cleaning,
drying,
freezing,
filtering,
sorting,
or
shelling
the
food
commodity;
or
packaging
the
food
commodity.
7.
“Program”
means
the
farm-to-school
program
created
in
section
190A.6.
8.
“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
Senate
File
578,
p.
4
teaching
any
grade
from
kindergarten
through
grade
twelve.
9.
“School
district”
means
a
school
district
as
described
in
chapter
274.
Sec.
6.
NEW
SECTION
.
190A.5
Farm-to-school
fund.
1.
A
farm-to-school
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
shall
include
any
other
moneys
available
to
and
obtained
or
accepted
by
the
department,
including
moneys
from
public
or
private
sources,
to
support
the
program.
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.
However,
the
department
shall
not
expend
more
than
four
percent
of
moneys
existing
at
any
one
time
in
the
fund
during
each
fiscal
year
for
purpose
of
paying
costs
associated
with
the
administration
of
the
program
and
fund
incurred
by
the
department
during
that
fiscal
year.
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
close
of
a
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
purposes
designated.
Sec.
7.
NEW
SECTION
.
190A.6
Farm-to-school
program.
1.
A
farm-to-school
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
food
products
derived
from
food
commodities
produced
on
a
farm.
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
to
purchase
food
products
derived
from
food
commodities
produced
on
a
farm.
4.
A
school
or
school
district
must
apply
each
year
to
the
Senate
File
578,
p.
5
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
a
food
product
directly
from
a
farm
source
as
follows:
a.
The
farm
source
must
be
any
of
the
following:
(1)
A
farm
where
a
food
commodity
is
produced,
if
the
food
commodity
is
processed
into
a
food
product
on
the
farm
for
sale
to
a
consumer.
(2)
A
business
premises
that
is
directly
shipped
a
food
commodity
from
a
farm,
if
the
food
commodity
is
processed
into
a
food
product
on
the
business
premises
for
sale
to
a
consumer.
(3)
A
business
premises
that
is
directly
shipped
a
food
product
from
a
farm,
if
the
food
product
is
purchased
for
resale
to
a
consumer
or
is
distributed
to
a
consumer
on
behalf
of
a
farmer.
b.
The
farm
source
must
comply
with
all
applicable
laws
regulating
the
sale
of
food.
c.
(1)
Except
as
provided
in
subparagraph
(2),
the
farm
source
must
be
located
in
this
state.
(2)
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
of
the
school
district’s
border
with
the
other
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
food
products.
7.
The
department
of
agriculture
and
land
stewardship
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
Senate
File
578,
p.
6
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
Senate
File
578,
p.
7
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
Senate
File
578,
p.
8
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
Senate
File
578,
p.
9
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
Senate
File
578,
p.
10
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
Senate
File
578,
p.
11
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.
DIVISION
V
FARM
FOOD
STUDY
Sec.
22.
FARM-TO-TABLE
TASK
FORCE.
1.
The
Iowa
cooperative
extension
service
in
agriculture
and
home
economics
of
Iowa
state
university
of
science
and
technology,
in
cooperation
with
the
department
of
agriculture
and
land
stewardship,
shall
establish
a
farm-to-table
task
force.
2.
The
purpose
of
the
task
force
is
to
recommend
how
institutional
purchasers,
including
schools,
may
be
provided
with
long-term
practical
options
to
routinely
acquire
fresh
food
derived
from
locally
or
regionally
produced
and
processed
farm
commodities,
including
meat,
poultry,
fish,
and
dairy
products;
eggs;
vegetables;
fruits;
nuts;
and
honey.
3.
The
task
force
shall
consider
methods
to
do
all
of
the
following:
a.
Improve
direct
farmer
to
consumer
transactions.
b.
Better
integrate
existing
public
and
private
procurement
and
nutritional
programs,
including
but
not
limited
to
the
farm-to-school
program
as
provided
in
chapter
190A;
the
from
farm
to
food
donation
tax
credit
as
provided
in
chapter
190B,
subchapter
I;
the
Iowa
emergency
food
purchase
program
as
provided
in
chapter
190B,
subchapter
II;
and
the
local
food
and
farm
program
as
provided
in
chapter
267A.
4.
a.
The
task
force
shall
be
jointly
chaired
by
the
vice
president
for
extension
and
outreach
of
Iowa
state
university
of
science
and
technology,
or
a
designee;
and
the
secretary
of
agriculture,
or
a
designee.
The
chairpersons
of
the
task
force
shall
appoint
remaining
voting
members
to
serve
on
the
task
force.
b.
The
Iowa
cooperative
extension
service
in
agriculture
and
home
economics
shall
provide
meeting
rooms,
materials,
and
staffing
services
for
the
task
force.
Senate
File
578,
p.
12
5.
The
task
force
shall
prepare
and
submit
a
report
to
the
governor
and
general
assembly
not
later
than
December
10,
2021.
The
report
shall
include
findings
and
recommendations,
including
any
proposed
legislation,
and
a
suggested
timeline
for
implementation
of
the
task
force’s
recommendations.
6.
This
section
is
repealed
December
11,
2021.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
578,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor