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 Section 159.11, Code Supplement 2003, is repealed. 1 9 Sec. 4. Section 159.13, Code 2003, is repealed. 1 10 Sec. 5.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 Chapter 161B, Code 2003, is repealed. 1 22 DIVISION III 1 23 SECRETARY'S DESIGNEE AS A MEMBER 1 24 OF THE ECONOMIC DEVELOPMENT BOARD 1 25 Sec. 9.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.UnmixedExcept 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