House File 2046 - Introduced



                                       HOUSE FILE       
                                       BY  WHITAKER

                                       (COMPANION TO LSB 5060SS
                                        BY OLIVE)


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

                                      A BILL FOR

  1 An Act providing for standardized analytical testing methods for
  2    measuring components of distillers commercial feed, and
  3    providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5060HH 82
  6 da/sc/5

PAG LIN



  1  1    Section 1.  Section 198.3, Code 2007, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  6A.  "Distillers commercial feed" means
  1  4 the material remaining after the removal of ethanol by the
  1  5 distillation from the yeast fermentation of grain, if the
  1  6 material is used or further processed for commercial feed,
  1  7 including material which is processed from corn as part of a
  1  8 wet milling or dry grinding operation.
  1  9    Sec. 2.  Section 198.8, Code 2007, is amended by adding the
  1 10 following new subsection:
  1 11    NEW SUBSECTION.  8.  Distribute distillers commercial feed
  1 12 which has not been subjected to standardized analytical
  1 13 testing methods as provided in section 198.10.
  1 14    Sec. 3.  Section 198.10, Code 2007, is amended by adding
  1 15 the following new subsection:
  1 16    NEW SUBSECTION.  3A.  The department shall adopt rules
  1 17 establishing standardized analytical testing methods for
  1 18 measuring components in different types of distillers
  1 19 commercial feed based on recommendations made by the American
  1 20 feed industry association, including but not limited to
  1 21 methods for measuring moisture, protein, fat, and fiber.
  1 22    Sec. 4.  NEW SECTION.  198.13A  CIVIL PENALTY.
  1 23    A person who distributes distillers commercial feed in
  1 24 violation of section 198.8 is subject to a civil penalty of
  1 25 not more than ten thousand dollars.  The civil penalty shall
  1 26 be in addition to the criminal penalty imposed pursuant to
  1 27 section 198.13.  The department shall assess and collect the
  1 28 civil penalties which shall be deposited in the general fund
  1 29 of the state.
  1 30                           EXPLANATION
  1 31    This bill amends provisions in Code chapter 198, the "Iowa
  1 32 Commercial Feed Law" which authorizes the department of
  1 33 agriculture and land stewardship to regulate materials
  1 34 distributed for use as feed for livestock or pets as processed
  1 35 by milling facilities.  The bill requires the department to
  2  1 adopt standardized analytical testing methods for measuring
  2  2 components in distillers commercial feed (e.g., moisture,
  2  3 protein, fat, and fiber) based on recommendations made by the
  2  4 American feed industry association.  Two types of milling
  2  5 operations produce different commercial feed products,
  2  6 including wet milling which produces corn gluten feed and the
  2  7 dry grinding which produces distillers grains and solubles,
  2  8 with commercial feeds marketed as wet, modified wet, or dry.
  2  9    The bill provides that a person who distributes distillers
  2 10 commercial feed in violation of the bill's provisions is
  2 11 subject to a civil penalty of not more than $10,000 in
  2 12 addition to the criminal penalty currently in statute.  Code
  2 13 section 198.13 provides that a person convicted of violating a
  2 14 provision of Code chapter 198, or impeding its enforcement is
  2 15 guilty of a simple misdemeanor.  A simple misdemeanor is
  2 16 punishable by confinement for no more than 30 days or a fine
  2 17 of at least $65 but not more than $625 or by both.
  2 18 LSB 5060HH 82
  2 19 da/sc/5