Senate File 2208

                                       SENATE FILE       
                                       BY  COMMITTEE ON AGRICULTURE

                                       (SUCCESSOR TO SSB 3124)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the powers and duties of the department of
  2    agriculture and land stewardship, and making penalties
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6469SV 80
  6 da/sh/8

PAG LIN

  1  1                           DIVISION I
  1  2   GENERAL AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND LAND
  1  3                           STEWARDSHIP
  1  4    Section 1.  Section 7A.4, subsection 2, Code 2003, is
  1  5 amended by striking the subsection.
  1  6    Sec. 2.  Section 159.5, subsection 12, Code Supplement
  1  7 2003, is amended by striking the subsection.
  1  8    Sec. 3.  Section 159.11, Code Supplement 2003, is repealed.
  1  9    Sec. 4.  Section 159.13, Code 2003, is repealed.
  1 10    Sec. 5.  Section 165.18, subsection 1, paragraph d, Code
  1 11 Supplement 2003, is amended by striking the subsection.
  1 12                           DIVISION II
  1 13               AGRICULTURAL ENERGY MANAGEMENT FUND
  1 14    Sec. 6.  Section 159.6, subsection 10, Code Supplement
  1 15 2003, is amended to read as follows:
  1 16    10.  Soil and water conservation as set forth in chapters
  1 17 161A, 161B, 161C, 161E, and 161F.
  1 18    Sec. 7.  Section 455E.11, subsection 2, paragraph e,
  1 19 subparagraph (7), Code Supplement 2003, is amended by striking
  1 20 the subparagraph.
  1 21    Sec. 8.  Chapter 161B, Code 2003, is repealed.
  1 22                          DIVISION III
  1 23                SECRETARY'S DESIGNEE AS A MEMBER
  1 24                OF THE ECONOMIC DEVELOPMENT BOARD
  1 25    Sec. 9.  Section 15.103, unnumbered paragraph 1, Code 2003,
  1 26 is amended to read as follows:
  1 27    The Iowa economic development board is created, consisting
  1 28 of eleven voting members appointed by the governor and seven
  1 29 ex officio nonvoting members.  The ex officio nonvoting
  1 30 members are four legislative members; one president, or the
  1 31 president's designee, of the University of Northern Iowa, the
  1 32 University of Iowa, or Iowa State University of science and
  1 33 technology designated by the state board of regents on a
  1 34 rotating basis; and one president, or the president's
  1 35 designee, of a private college or university appointed by the
  2  1 Iowa association of independent colleges and universities; and
  2  2 one superintendent, or the superintendent's designee, of a
  2  3 community college, appointed by the Iowa association of
  2  4 community college presidents.  The legislative members are two
  2  5 state senators, one appointed by the president of the senate,
  2  6 after consultation with the majority leader of the senate, and
  2  7 one appointed by the minority leader of the senate, after
  2  8 consultation with the president of the senate, from their
  2  9 respective parties; and two state representatives, one
  2 10 appointed by the speaker and one appointed by the minority
  2 11 leader of the house of representatives from their respective
  2 12 parties.  Not more than six of the voting members shall be
  2 13 from the same political party.  The secretary of agriculture
  2 14 or the secretary's designee shall be one of the voting
  2 15 members.  The governor shall appoint the remaining ten voting
  2 16 members of the board for a term of four years beginning and
  2 17 ending as provided by section 69.19, subject to confirmation
  2 18 by the senate, and the governor's appointments shall include
  2 19 persons knowledgeable of the various elements of the
  2 20 department's responsibilities.
  2 21                           DIVISION IV
  2 22                         COMMERCIAL FEED
  2 23    Sec. 10.  Section 198.3, Code 2003, is amended by adding
  2 24 the following new subsection:
  2 25    NEW SUBSECTION.  0A.  "Advertise" means to present a
  2 26 commercial message in any medium, including but not limited to
  2 27 print, radio, television, sign, display, label, tag, or
  2 28 articulation.
  2 29    Sec. 11.  Section 198.3, subsection 3, Code 2003, is
  2 30 amended to read as follows:
  2 31    3.  "Commercial feed" means all materials or a combination
  2 32 of materials which are distributed or intended for
  2 33 distribution for use as feed or for mixing in feed, unless
  2 34 such materials are specifically exempted.  Unmixed Except as
  2 35 otherwise provided in this chapter, unmixed whole seeds and
  3  1 physically altered entire unmixed seeds, when such whole or
  3  2 physically altered seeds are not chemically changed or are not
  3  3 adulterated within the meaning of section 198.7, subsection 1,
  3  4 are exempt.  The secretary by rule may exempt from this
  3  5 definition, or from specific provisions of this chapter,
  3  6 commodities such as hay, straw, stover, silage, cobs, husks,
  3  7 hulls and individual chemical compounds or substances when
  3  8 such commodities, compounds or substances are not intermixed
  3  9 or mixed with other materials, and are not adulterated within
  3 10 the meaning of section 198.7, subsection 1.
  3 11    Sec. 12.  Section 198.10, subsection 1, Code 2003, is
  3 12 amended to read as follows:
  3 13    1.  The secretary may adopt rules for commercial feeds and
  3 14 pet foods as specifically authorized in this chapter and other
  3 15 reasonable rules necessary in order to carry out the purpose
  3 16 and intent of this chapter or to secure the efficient
  3 17 enforcement of this chapter.
  3 18    1A.  The secretary may adopt rules to do all of the
  3 19 following:
  3 20    a.  Regulate the movement of cottonseed into this state or
  3 21 within this state, even if the cottonseed would otherwise be
  3 22 exempt as whole seed under section 198.3.  The secretary may
  3 23 adopt rules prescribing standards for cottonseed consistent
  3 24 with regulations prescribing the quality and uses of
  3 25 cottonseed as promulgated by the United States food and drug
  3 26 administration.
  3 27    b.  Regulating the advertisement of commercial feed,
  3 28 including but not limited to labeling commercial feed as
  3 29 specifically provided in this chapter.
  3 30    1B.  In the interest of uniformity the secretary shall
  3 31 adopt any rule based on regulations promulgated under the
  3 32 authority of the federal Food, Drug, and Cosmetic Act, 21
  3 33 U.S.C. } 301 et seq., provided the secretary has the authority
  3 34 under this chapter to adopt the rule.  However, the secretary
  3 35 is not required to adopt such a rule, if the secretary
  4  1 determines that the rule would be inconsistent with this
  4  2 chapter or not appropriate to conditions which exist in this
  4  3 state.
  4  4                           EXPLANATION
  4  5    This bill makes a number of changes relating to the powers
  4  6 and duties of the department of agriculture and land
  4  7 stewardship.
  4  8    DIVISION I == GENERAL POWERS AND DUTIES.  The bill
  4  9 eliminates Code provisions relating to an annual report that
  4 10 must be submitted by the state apiarist to the governor, the
  4 11 regulation of swine tuberculosis by the department, a
  4 12 requirement that the department collect agricultural
  4 13 statistics, and a requirement that the department keep an
  4 14 official seal.
  4 15    DIVISION II == AGRICULTURAL ENERGY MANAGEMENT FUND.  The
  4 16 bill abolishes the agricultural energy management fund which
  4 17 was created to finance education and demonstration projects
  4 18 regarding tillage practices and the management of fertilizer
  4 19 and pesticide use.
  4 20    DIVISION III == SECRETARY'S DESIGNEE AS A MEMBER OF THE
  4 21 ECONOMIC DEVELOPMENT BOARD.  The bill amends Code section
  4 22 15.103 which establishes the economic development board which
  4 23 includes 11 voting members, including the secretary of
  4 24 agriculture.  The bill provides that the secretary may appoint
  4 25 a designee to serve on the board.
  4 26    DIVISION IV == COMMERCIAL FEED.  The bill amends Code
  4 27 chapter 198, the "Iowa Commercial Feed Law".  It provides that
  4 28 the department may adopt rules regulating the movement of
  4 29 cottonseed into this state or within this state, and may adopt
  4 30 standards for cottonseed consistent with regulations
  4 31 promulgated by the United States food and drug administration.
  4 32 It also provides that the department may regulate the
  4 33 advertisement of commercial feed as it is presented in any
  4 34 medium.  A person violating the provisions of this portion of
  4 35 the bill commits a simple misdemeanor.  A simple misdemeanor
  5  1 is punishable by confinement for no more than 30 days or a
  5  2 fine of at least $50 but not more than $500 or by both.
  5  3 LSB 6469SV 80
  5  4 da/sh/8