HF 2591 (LSB 6357HV (2) 88)

HOUSE FILE 2591

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO HSB 684)

A BILL FOR

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 2020, 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. 
DIVISION II
ANIMALS

PART A
COMMERCIAL ESTABLISHMENTS

    Sec. 2.  Section 162.2A, subsection 3, paragraph d, Code 2020, is amended by striking the paragraph.
    Sec. 3.  Section 162.2A, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  A commercial establishment shall not be issued or renewed a state license by the department, unless a person applying for the state license presents the department with a valid, government-issued photo identification, or other form of similar identification approved by the department, as proof of identity that the person may legally act on behalf of the commercial establishment in making the application. The application must be signed by the person under penalty of perjury subject to the penalty provisions of section 162.13, subsection 1. Upon completion of the initial inspection, the issued or renewed state license shall include a unique identification number that is a public record under chapter 22.

PART B
ANIMAL HEALTH

    Sec. 4.  NEW SECTION.  163.2A  Part —— definitions.
   As used in this part, unless the context otherwise requires:
   1.  “Animal” means any livestock or agricultural animal as defined in section 717A.1.
   2.  “Interested person” means the owner of an animal; a person caring for the animal, if different from the owner of the animal; or a person holding a perfected agricultural lien or security interest in the animal under chapter 554.
    Sec. 5.  Section 163.3, Code 2020, is amended to read as follows:
   163.3  Veterinary and special assistants.
   The secretary or the secretary’s designee may appoint one or more veterinarians licensed pursuant to chapter 169 in each county as assistant veterinarians. The secretary may also appoint such one or more special assistants as may be necessary in cases of emergency, including as provided in section 163.3A.
    Sec. 6.  Section 163.3A, subsection 1, Code 2020, is amended to read as follows:
   1.  The department may provide veterinary emergency preparedness and response services necessary to prevent or control a serious threat to the public health, public safety, or the state’s economy caused by the transmission of disease among livestock as defined in section 717.1 or agricultural animals as defined in section 717A.1. The services may include measures necessary to ensure that all such animals carrying disease are properly identified, segregated, treated, or destroyed as provided in this Code.
    Sec. 7.  Section 163.3C, subsection 1, Code 2020, is amended by striking the subsection.
    Sec. 8.  Section 163.3C, subsection 2, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   The department shall develop and establish a foreign animal disease preparedness and response strategy for use by the department in order to prevent, control, or eradicate the transmission of foreign animal diseases among populations of livestock animals. The strategy may be part of the department’s veterinary emergency preparedness and response services as provided in section 163.3A. The strategy shall provide additional expertise and resources to increase biosecurity efforts that assist in the prevention of a foreign animal disease outbreak in this state. In developing and establishing the strategy, the department shall consult with interested persons including but not limited to the following:
    Sec. 9.  Section 163.3C, subsection 3, Code 2020, is amended to read as follows:
   3.  The department shall implement the foreign animal disease preparedness and response strategy if necessary to prevent, control, or eradicate the transmission and incidence of foreign animal diseases that may threaten or actually threaten livestock animals in this state. In implementing the strategy, the department may utilize emergency response measures as otherwise required under section 163.3A. The department may but is not required to consult with interested persons when implementing the strategy.
    Sec. 10.  NEW SECTION.  163.3D  Emergency measures —— abandoned animals —— authorization and seizure.
   1.  a.  The department may seize one or more abandoned animals pursuant to an authorization providing emergency measures to prevent or control the transmission of an infectious or contagious disease among any population or species of animals.
   b.  The authorization must be any of the following:
   (1)  A declaration or proclamation issued by the governor pursuant to chapter 29C, including as provided in section 163.3A.
   (2)  An order issued by the secretary or the secretary’s designee pursuant to a provision in this subtitle.
   (3)  Any other provision of law in this subtitle that requires the department to control the transmission of an infectious or contagious disease among a population or species of animals in this state.
   c.  If there is a conflict between a measure authorized to be taken under paragraph “a”, that is less restrictive than the standards or procedures provided in this section, the measures authorized to be taken under paragraph “a” shall prevail.
   2.  The department may appoint veterinary assistants or special assistants as provided in section 163.3 as required to administer this section.
   3.  It is presumed that an abandoned animal belonging to a species subject to emergency measures as provided in subsection 1 has been exposed to an infectious or contagious disease as provided in the authorization.
   4.  As part of the seizure of an abandoned animal, the department may take, impound, and retain custody of the animal, including by maintaining the animal in a manner and at a location determined by the department to be reasonable under the emergency circumstances. The department may take action as provided in this subtitle to ensure that all animals exposed to an infectious or contagious disease are properly identified, tested, segregated, treated, or destroyed as provided in this subtitle.
   5.  a.  The department may seize an animal if the department has a reasonable suspicion the animal has been abandoned, including by entering onto public or private property or into a private motor vehicle, trailer, or semitrailer parked on public or private property, as provided in this subsection. 
   b.  The department may enter onto private property or into a private motor vehicle, trailer, or semitrailer to seize an abandoned animal if the department obtains a search warrant issued by a court, or enters onto the premises in a manner consistent with the laws of this state and the United States, including Article I, section 8, of the Constitution of the State of Iowa, or the fourth amendment to the Constitution of the United States.
   c.  An abandoned animal shall only be seized by the department pursuant to the following conditions:
   (1)  The department provides written notice of its abandonment determination to all reasonably identifiable interested persons. The department shall make a good-faith effort to provide the notice to interested persons by regular mail, hand delivery, telephone, electronic mail, or other reasonable means. The notice shall include all of the following:
   (a)  The name and address of the department.
   (b)  A description of the animal subject to seizure.
   (c)  The delivery date of the notice.
   (d)  A statement informing the interested person that the animal may be seized pursuant to this chapter within one day following the delivery date of the notice. The statement must specify a date, time, and location for delivery of the interested person’s response designated by the department, as provided in this subsection.
   (e)  A statement informing the interested person that in order to avoid seizure of the animal, the person must respond to the notice in writing, stating that the animal has not been abandoned and identifying what measures are being taken to care for and manage the animal.
   (2)  Notwithstanding subparagraph (1), if the department determines that it is not feasible to provide direct notice of its abandonment determination to an interested person, the department shall deliver a constructive notice of the determination to that person by any reasonable manner, which may include posting the notice at or near the place where the animal is located. The department shall also post the constructive notice on the department’s internet site.
   d.  The department may seize the animal if the department fails to receive a written response by the interested person by the end of normal office hours of the next day the department is available to receive the response after written notice of the department’s abandonment determination is delivered.
   e.  Upon a determination by the department that exigent circumstances exist, the department may enter onto private property without a warrant and may seize an abandoned animal, in a manner consistent with the laws of this state and the United States, including Article I, section 8, of the Constitution of the State of Iowa, or the fourth amendment to the Constitution of the United States.
   6.  If an animal is seized pursuant to this section, the department shall post a notice in a conspicuous place at the location where the animal was seized. The notice shall state the animal has been seized by the department pursuant to this section and at least briefly describe where and when the animal was seized, the species and number of animals seized, and that a dispositional proceeding is to be conducted pursuant to section 163.3E.
    Sec. 11.  NEW SECTION.  163.3E  Emergency measures —— abandoned animals —— dispositional proceeding.
   1.  a.  The department shall file a petition with the district court for the disposition of an animal seized pursuant to section 163.3D as soon as practicable.
   b.  The court shall notify the department and all interested persons of the dispositional proceeding in a manner determined reasonable by the court. The court shall hear the matter within twenty-four hours from the time the department’s petition is filed. The court may grant a continuance by a motion of the department or upon petition by an interested person. However, the interested person shall post a bond or other security with the department in an amount determined by the court, which shall not be more than the amount sufficient to provide for the maintenance of the animal for the duration of the continuance.
   2.  Upon a determination by the department that exigent circumstances exist, the dispositional proceeding may be conducted by an administrative law judge in the same manner as an emergency adjudicative proceeding pursuant to section 17A.18A. The administrative law judge shall notify the department and all interested persons of the dispositional proceeding in a manner determined reasonable by the administrative law judge given the circumstances in the case. The procedures provided in this section may be supplemented or modified by a declaration or proclamation issued by the governor or an order issued by the secretary or the secretary’s designee pursuant to section 163.3D. 
   3.  a.  A court or administrative law judge shall issue an order for the disposition of the animal after making any of the following determinations: 
   (1)  That no interested person holds a legal interest in the seized animal. In that case, the animal shall be deemed abandoned and the order shall extinguish all prior legal interests in the animal. The order shall grant an undivided ownership interest in the animal free from any security interest or other agricultural lien or encumbrance to the department.
   (2)  That an interested person holds a legal interest in the seized animal, and the department has reasonable suspicion to believe that the animal has been exposed to an infectious or contagious disease. In that case, the order shall provide for the disposition of the animal in the same manner as if the department had identified the animal as having been exposed to the infectious or contagious disease under the authorization provided in section 163.3D.
   (3)  That a person holds a legal interest in the seized animal, and there is no reasonable suspicion that the seized animal has been exposed to an infectious or contagious disease. In that case, the order shall direct the department to transfer custody of the animal to the interested person. In the event the animal is returned to the interested person, the department shall not be subject to any claim for damages caused by the seizure if the department’s actions were taken pursuant to the department’s emergency efforts to establish and maintain quarantine in response to a disease outbreak, as set forth in section 669.14, subsection 3.
   b.  A reasonable suspicion asserted by the department may be based on any credible evidence that shows the animal’s possible exposure to an infectious or contagious disease or the animal was abandoned. This paragraph “b” does not require the department to conduct a test of an animal to determine whether an animal has been exposed.
   c.  If two or more interested parties may be transferred custody of an animal by the department pursuant to paragraph “a”, subparagraph (3), the court or administrative law judge shall order the department to transfer the animal to the owner or otherwise to the interested person best able to care for the animal without prejudicing the rights of any other interested person. However, in any cause of action brought by an interested person contesting the order to transfer under this subsection, the department shall not be included as a party.
   4.  a.  In a dispositional proceeding conducted by a court or administrative law judge under this section, or in a separate cause of action brought by the department against an interested person, the court or administrative law judge may award the department all of the following:
   (1)  An amount necessary to reimburse the department for expenses incurred in seizing and maintaining an abandoned animal as well as any costs for the disposition of the abandoned animal. 
   (2)  Expenses related to the investigation and adjudication of the case.
   b.  In a dispositional proceeding conducted by a court under this section, or in a separate cause of action brought by the department against an interested person, the court may award the department court costs and reasonable attorney fees.
   c.  An award ordered under this subsection shall be paid by an interested party who is transferred a seized animal by the court or administrative law judge, or the owner of the seized animal as determined by the court or administrative law judge. The amount awarded the department shall be subtracted from the proceeds, if any, received by the department from the disposition of the animal. Any amount awarded by a court shall be taxed as part of the costs of the cause of action. 
   d.  If more than one interested person holds a legal interest in the animal, the court or administrative law judge shall calculate the respective contributions of the interested persons based upon the percentage of legal interest in the seized animal held by each interested person. The amount paid to the department shall be sufficient to allow the department to repay the livestock remediation fund as provided in section 459.501 and fully reimburse the department for all costs, fees, and expenses incurred by the department under this section.
    Sec. 12.  NEW SECTION.  163.3F  Interference with official acts.
   1.  A person shall not interfere with an official act of the department taken in the performance of a duty to prevent or control the transmission of an infectious or contagious disease among a population or species of animals, if the official act is authorized as part of any of the following:
   a.  A veterinary emergency preparedness and response service pursuant to section 163.3A.
   b.  A foreign animal disease preparedness and response strategy pursuant to section 163.3C.
   c.  An emergency measure pursuant to section 163.3D or 163.3E.
   2.  Under this section, an official act of the department may be performed by a departmental employee, or a veterinary or special assistant appointed pursuant to section 163.3.
    Sec. 13.  Section 163.61, subsection 3, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  A person who interferes with an official act as provided in section 163.3F shall be subject to a civil penalty of at least one hundred dollars but not more than ten thousand dollars. In the case of a continuing violation, each day of the continuing violation is a separate violation. However, a person shall not be subject to a civil penalty totaling more than two hundred fifty thousand dollars arising out of the same violation.
    Sec. 14.  Section 459.501, subsection 3, paragraph a, Code 2020, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (3)  (a)  To allocate moneys to the department of agriculture and land stewardship for the payment of expenses incurred by the department of agriculture and land stewardship associated with all of the following:
   (i)  Providing for seizure of animals pursuant to sections 169.3D and 169.3E.
   (ii)  Court costs, reasonable attorney fees, and expenses related to the investigation and prosecution of the case arising from the seizure of animals. 
   (b)  The department of natural resources shall allocate any amount of unencumbered and unobligated moneys demanded in writing by the department of agriculture and land stewardship as provided in this subparagraph. The department of natural resources shall complete the allocation upon receiving the demand.
   (c)  The department of agriculture and land stewardship shall repay the fund any amount received from an interested person pursuant to an order by a court in a dispositional proceeding conducted pursuant to section 163.3E.
    Sec. 15.  REPEAL.  Section 166D.3, Code 2020, is repealed.
    Sec. 16.  CODE EDITOR DIRECTIVE.
   1.  The Code editor is directed to make the following transfer:
   Section 163.3 to section 163.3G.
   2.  The Code editor shall correct internal references in the Code and in any enacted legislation as necessary due to the enactment of this section.
    Sec. 17.  CODE EDITOR DIRECTIVE.  The Code editor shall divide chapter 163, subchapter I, into parts, including sections 163.1 and 163.2 as part A, sections 163.2A through 163.5, including sections amended or enacted as provided in this Act, as part B, and sections 163.6 through 163.25 as part C.
DIVISION III
COMMODITY PRODUCTION AND SALE

PART A
LOCAL FARM PRODUCE PROGRAM

    Sec. 18.  NEW SECTION.  190A.11  Definitions.
   As used in this subchapter, unless the context otherwise requires:
   1.  “Department” means the department of agriculture and land stewardship.
   2.  “Farm source” means a farmer who produces and sells fresh farm produce grown on the farmer’s land or a distributor of fresh farm produce who purchases fresh farm produce directly from such farmer or sells fresh farm produce on behalf of such farmer.
   3.  “Fresh farm produce” means vegetables, fruits, or nuts intended for inclusion as part of a school diet, including school meals and snacks as described in section 190A.3, if the vegetables, fruits, or nuts are not processed except for being trimmed, cleaned, dried, sorted, or packaged.
   4.  “Fund” means the local farm produce fund created in section 190A.12.
   5.  “Program” means the local farm produce program created in section 190A.13.
   6.  “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 teaching any grade from kindergarten through grade twelve.
   7.  “School district” means a school district as described in chapter 274.
    Sec. 19.  NEW SECTION.  190A.12  Local farm produce fund.
   1.  A local farm produce 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 may include other moneys available to and obtained or accepted by the department, including moneys from public or private sources.
   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. 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 end of a fiscal year shall not revert but shall remain available for the purposes designated.
    Sec. 20.  NEW SECTION.  190A.13  Local farm produce program.
   1.  A local farm produce 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 fresh farm produce.
   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 for purchases of fresh farm produce.
   4.  A school or school district must apply each year to the 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 the fresh farm produce directly from a farm source as follows:
   a.  Except as provided in paragraph “b”, the farm source must be located in this state.
   b.  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 food source must be located within thirty miles from the school district’s border with that 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 fresh farm produce.
   7.  The department may administer the program in cooperation with the department of education and the participating school district 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 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. 21.  Section 200.3, subsection 24, Code 2020, is amended by striking the subsection.
    Sec. 22.  Section 200.14, Code 2020, 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 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. 23.  Section 214.1, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  “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. 24.  Section 214.3, subsection 1, Code 2020, 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. 25.  Section 214.3, subsection 3, paragraph e, subparagraph (2), Code 2020, is amended to read as follows:
   (2)  Retail motor fuel pump, nine four dollars and fifty cents.
    Sec. 26.  Section 214.4, subsection 1, unnumbered paragraph 1, Code 2020, 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 delivered by certified mail. The notice shall state all of the following:
    Sec. 27.  Section 214.6, Code 2020, 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. 28.  Section 214.11, Code 2020, 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
MOTOR FUEL

    Sec. 29.  Section 214A.2A, subsection 1, Code 2020, 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. 30.  REPEAL.  Sections 214A.3 and 214A.15, Code 2020, are repealed.

PART C
INSPECTIONS

    Sec. 31.  Section 215.4, Code 2020, 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. 32.  Section 215.7, Code 2020, 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 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. 33.  Section 215.23, Code 2020, 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 license fee of not more than five dollars for an 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. 34.  REPEAL.  Sections 215.3 and 215.8, Code 2020, are repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL. This bill amends, enacts, or repeals a number of provisions administered or regulated by the department of agriculture and land stewardship (DALS) as codified in Title V of the Code, including in subtitle 1, which includes a number of general provisions, subtitle 2, which includes provisions regulating animal industry, and subtitle 4, which provides for agricultural commodities and products in addition to related activities.
   SUBTITLE 1 —— ADMINISTRATION. The bill eliminates a requirement that DALS maintain a marketing news service bureau, but retains a requirement that it cooperate with the agricultural marketing service of the United States department of agriculture (Code section 159.5).
   SUBTITLE 2 —— COMMERCIAL ESTABLISHMENTS. The bill eliminates a requirement that an application form for the issuance or renewal of an authorization to operate a commercial establishment include the applicant’s identification number, which may be a tax identification number. It also requires a person applying for a state license to present DALS with a form of identification (Code section 162.2A).
   CONTROL OF CONTAGIOUS AND INFECTIOUS DISEASES. The bill provides that DALS may seize one or more abandoned animals pursuant to an authorization providing emergency measures to prevent or control the transmission of an infectious or contagious disease (disease) among livestock or other agricultural animals (animals) that have been abandoned. The authorization may be made pursuant to a declaration or proclamation issued by the governor, an order issued by the secretary of agriculture, or another provision of law. As part of a seizure, DALS may seize and maintain the animal upon providing notice of the abandonment to identifiable interested persons (an owner or secured creditor). The disposition of the seized animal must be made by a court, unless DALS determines that exigent circumstances exist. In that case, the dispositional proceeding may be conducted by an administrative law judge. The court or administrative law judge may award DALS expenses and costs. DALS may use moneys available in the livestock remediation fund (Code section 459.501) to pay for expenses related to the seizure. Moneys in the fund may also be used to pay for court costs, reasonable attorney fees, and expenses related to the investigation and prosecution of the case arising from the seizure. 
   The bill prohibits a person from interfering with an official act of DALS taken in the performance of a duty to prevent or control the transmission of a disease, if the action is related to a veterinary emergency preparedness and response service (Code section 163.3A), a foreign animal disease preparedness and response strategy (Code section 163.3C), or an emergency measure as provided in the bill (Code section 163.3D or 163.3E). A person who violates the provision is subject to a civil penalty of at least $100 but not more than $10,000, with each day of the offense constituting a separate violation, so long as the total amount does not exceed $250,000 (Code section 163.61).
   STATE PSEUDORABIES ADVISORY COMMITTEE. The bill eliminates the state pseudorabies advisory committee. The committee was established in 1989 during the outbreak of the disease to provide education to persons interested in pork production, to advise the department, and to maintain communication with other states and organizations (Code section 166D.3).
   SUBTITLE 4 —— LOCAL FARM PRODUCE PROGRAM. The bill creates a local farm produce program to assist schools and school districts purchasing fresh farm produce directly from farmers or distributors of fresh farm produce (Code chapter 190A).  DALS may reimburse a school or school district for expenditures on such products to the extent moneys are available to support the program. The available moneys would be allocated during the school year on a matching basis, subject to a $1,000 cap. The bill also creates a local farm produce fund to support the program.
   FERTILIZERS AND SOIL CONDITIONERS. The bill authorizes DALS to adopt rules regulating the design, construction, location, installation, and operation of equipment associated with the use of fertilizers and soil conditioners (Code sections 200.3 and 200.14). Current law allows DALS to adopt such rules regulating anhydrous ammonia equipment. The bill also eliminates a requirement that such rules be in conformity with the published standards of the agricultural ammonia institute. A person violating such rules is guilty of a simple misdemeanor (Code section 200.18).
   WEIGHTS AND MEASURES (GENERAL). The bill amends a number of provisions regulating weights and measures, including the inspection of associated devices. The bill reduces the fee for the inspection of motor fuel pumps from $9 to $4.50 (the same amount due under current law if the inspection fee is paid early) (Code section 214.3). The bill no longer requires that DALS deliver a late payment notice to an owner or operator of a device by certified mail (Code section 214.4). The bill eliminates a requirement that a weighmaster (a person who keeps and uses a device as part of a business) must take an oath (Code sections 214.1 and 214.6).
   WEIGHTS AND MEASURES (MOTOR FUEL). The bill revises requirements for the labeling of kerosene (Code section 214A.2A). The bill repeals a provision providing for the advertising of motor fuel (Code section 214A.3). The bill also repeals a provision prohibiting a person from placing gasoline into a receptacle, unless the receptacle states a warning (Code section 214A.15).
   WEIGHTS AND MEASURES (INSPECTIONS). The bill provides that DALS may but is no longer required to charge a license fee for a device that has been taken out of service due to a repair and reinspected (Code section 215.4). The bill allows DALS to make an exception in a case where a commercial transaction involves a small package, and the person would otherwise be guilty of a simple misdemeanor because the person stated a false weight or measure (Code section 215.7). The bill provides for the regulation of a servicer (a person employed to install, service, or repair a device), by eliminating an examination requirement and allowing DALS to require qualification standards which may include an examination (Code sections 215.1 and 215.23). The bill provides for a two-year rather than annual servicer license and allows DALS to establish the license fee. The annual license fee is currently $5. The bill eliminates a provision that allows DALS to charge a complaining party an inspection fee, if the complaint was unfounded (Code section 215.3). The bill repeals a provision that authorizes DALS to establish reasonable variances in the weighing and measuring of small packages (Code section 215.8). That qualification is incorporated in the amendments to the provision regulating small package transactions (Code section 215.7).
   CRIMINAL PENALTIES. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.