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 Section 159.11, Code Supplement 2003, is repealed.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 Section 159.13, Code 2003, is repealed.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 Chapter 161B, Code 2003, is repealed.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